reglab/housing_qa huggingface dataset:
CA Bus & Prof Code § 7612.1 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7612.1.

7612.1.  “Public cemetery” means a cemetery owned and operated by a city, county, city and county, or public cemetery district. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7612.2 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7612.2.

7612.2.  This act does not apply to any of the following:(a) A religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled, and operated by any of them.(b) A public cemetery.(c) Any private or fraternal burial park not exceeding 10 acres in area, established prior to September 19, 1939; however, (1)   those cemeteries shall be subject to the cemetery brokerage provisions of this act, and (2)   any cemetery shall be subject to all of the provisions of this act if it collects a care, maintenance, or embellishment deposit or sets up a trust for burial purposes pursuant to Section 8775 of the Health and Safety Code, including funeral services such as mortuary, cremation, or other commodities or services furnished at the time of and in connection with that funeral or cremation. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7612.3 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7612.3.

7612.3.  The bureau shall disclose on its Internet Web site, information about each cemetery subject to the jurisdiction of the bureau. In addition to the information required by Section 27, the bureau shall disclose the name of the owner of each cemetery, the name of the cemetery, the business address of the cemetery owner, and the physical address of the cemetery. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7612.4 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7612.4.

7612.4.  (a) Notwithstanding Section 8115 of the Health and Safety Code, in order to protect consumers, the bureau shall adopt regulations that establish minimum standards of maintenance for endowment care cemeteries under the jurisdiction of the bureau. The regulations shall consider differences in cemetery size, location, topography, and type of interments. The regulations shall also consider the extent to which funds are available from the cemetery’s endowment care funds to perform maintenance.(b) The standards established pursuant to this section shall not supersede any standards of a higher level of care established pursuant to Section 8115 of the Health and Safety Code. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7612.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7612.5.

7612.5.  (a) (1) Any person who holds or has held, or was named on, any license or registration under the jurisdiction of the bureau that has been, within the immediately preceding 10 years, revoked, suspended, placed on probation, or surrendered under a stipulated decision, and who is employed by, or who seeks employment with, a licensed cemetery, a licensed crematory, or a licensed cemetery broker in any capacity, shall inform the licensed cemetery manager, the licensed crematory manager, or the licensed cemetery broker of that revocation, suspension, probation, or surrender.(2) A person subject to this subdivision shall inform the licensed cemetery manager, the licensed crematory manager, or the licensed cemetery broker upon application for employment by completing a form that shall be made available by the bureau.(b) The cemetery manager, crematory manager, or cemetery broker who is informed pursuant to subdivision (a) shall notify the bureau by submitting the form within 30 days of being so informed. Failure of the cemetery manager, crematory manager, or cemetery broker to notify the bureau shall be a cause for a warning. A cemetery manager, crematory manager, or cemetery broker shall not be subject to a warning if his or her failure to notify the bureau is due to a false statement made by an employee.(c) Any person required to notify the cemetery manager, crematory manager, or cemetery broker under subdivision (a) who fails to do so or who makes a false statement on the required form shall be subject to disciplinary action if that person is a licensee of the bureau, or that failure or false statement shall be cause for denial of a license under Section 480.(d) For purposes of subdivision (a), the term “named on” applies to a person who was an owner, partner, or corporate officer of an entity that was licensed or registered under the act at the time that entity’s license or registration under the act was revoked, suspended, placed on probation, or surrendered. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7612.6 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7612.6.

7612.6.  (a) Each cemetery authority shall file with the bureau annually, on or before June 1, or within five months after close of their fiscal year provided approval has been granted by the bureau as provided for in Section 7612.7, a written report in a form prescribed by the bureau setting forth the following:(1) The number of square feet of grave space and the number of crypts and niches sold or disposed of under endowment care by specific periods as set forth in the form prescribed.(2) The amount collected and deposited in both the general and special endowment care funds segregated as to the amounts for crypts, niches, and grave space by specific periods as set forth either on the accrual or cash basis at the option of the cemetery authority.(3) A statement showing separately the total amount of the general and special endowment care funds invested in each of the investments authorized by law and the amount of cash on hand not invested, which statement shall actually show the financial condition of the funds.(4) A statement showing separately the location, description, and character of the investments in which the special endowment care funds are invested. The statement shall show the valuations of any securities held in the endowment care fund as valued pursuant to Section 7614.7.(5) A statement showing the transactions entered into between the corporation or any officer, employee, or stockholder thereof and the trustees of the endowment care funds with respect to those endowment care funds. The statement shall show the dates, amounts of the transactions, and shall contain a statement of the reasons for those transactions.(b) The report shall be verified by the president or vice president and one other officer of the cemetery corporation. The information submitted pursuant to paragraphs (2), (3), (4), and (5) of subdivision (a) shall be accompanied by an annual audit report, prepared in accordance with generally accepted accounting principles, of the endowment care fund and special care fund signed by a certified public accountant or public accountant. The scope of the audit shall include the inspection, review, and audit of the general purpose financial statements of the endowment care fund and special care fund, which shall include the balance sheet, the statement of revenues, expenditures, and changes in fund balance.(c) If a cemetery authority files a written request prior to the date the report is due, the bureau may, in its discretion, grant an extension for no more than an additional nine months within which to file the report.(Amended by Stats. 2017, Ch. 750, Sec. 1. (AB 926) Effective January 1, 2018.)
CA Bus & Prof Code § 7612.7 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7612.7.

7612.7.  Each cemetery authority requesting a change of filing date of the endowment care fund report from a calendar year to a fiscal year or a change in fiscal year shall file a petition with the bureau prior to the close of the year of request. The bureau may approve such petition provided that no report shall be for a period of more than 12 months. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7612.8 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7612.8.

7612.8.  The report shall state the name of the trustee or trustees of the endowment care fund. Any change of trustee shall be reported to the bureau within a period of 30 days after the change is made. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7612.9 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7612.9.

7612.9.  A copy of each annual audit report shall be transmitted to the bureau and shall be a public record. It shall also be open for public inspection at the offices of the cemetery authority during normal business hours. If the cemetery authority does not maintain offices in the county in which its cemetery is located, it shall file a copy of the annual audit report with the county clerk of the county, which shall be subject to public inspection. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7612.10 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7612.10.

7612.10.  (a) Any cemetery authority that does not file its report within the time prescribed by Section 7612.6 may be assessed a fine by the bureau in an amount not to exceed four hundred dollars ($400) per month for a maximum of five months. The amount of the fine shall be established by regulation in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Failure to pay the fine within 15 days after receipt of written notification of the assessment or, where a timely request for waiver or reduction of the fine has been filed, within 15 days after receipt of written notification of the bureau’s decision in the matter, shall be cause for disciplinary action.(b) A cemetery authority may request waiver or reduction of a fine by making a written request therefor. The request shall be postmarked within the time specified above for payment of the fine and shall be accompanied by a statement showing good cause for the request.(c) The bureau may waive or reduce the fine where a timely request is made and where it determines, in its discretion, that the cemetery authority has made a sufficient showing of good cause for the waiver or reduction. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7612.11 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7612.11.

7612.11.  (a) The bureau shall conduct a study to obtain information to determine if the endowment care fund levels of each licensee’s cemetery are sufficient to cover the cost of future maintenance. The bureau shall also review the levels of endowment care funds that have previously been reported pursuant to this chapter by licensed cemeteries.(b) The bureau shall report its findings and recommendations to the appropriate policy committees of the Legislature by January 1, 2029.(Amended by Stats. 2021, Ch. 442, Sec. 1. (AB 651) Effective January 1, 2022.)
CA Bus & Prof Code § 7613 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7613.

7613.  The bureau shall examine the reports filed with it as to their compliance with the requirements of the Health and Safety Code as to the amount of endowment care funds collected and as to the manner of investment of those funds. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7613.1 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7613.1.

7613.1.  The bureau shall examine the endowment care funds of a cemetery authority:(a) Whenever it deems necessary and at least once every five years.(b) Whenever the cemetery authority in charge of endowment care funds fails to file the report required by this article.(c) Whenever the accountant or auditor qualifies their certification of the report that is prepared and signed by a certified public accountant licensed in the state and prepared in accordance with Section 7612.6.(d) Whenever the bureau receives a valid complaint alleging the authority has engaged in financial misconduct or neglect of duties.(e) The reasonable and necessary cost of the examination performed under subdivision (b) or (c) shall be paid by the cemetery authority.(f) A certified copy of the actual costs, or a good faith estimate of the costs where actual costs are not available, signed by the director or the director’s designee, shall be prima facie evidence of the reasonable and necessary costs of the examination.(g) The actual and necessary expense of the examination under subdivision (a) shall, in the discretion of the bureau, be paid by the cemetery authority whenever the examination requires more than one day and the need for continuing the examination is directly related to identified omissions and errors in the management of endowment care funds.(Amended by Stats. 2021, Ch. 442, Sec. 2. (AB 651) Effective January 1, 2022.)
CA Bus & Prof Code § 7613.2 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7613.2.

7613.2.  (a) If any cemetery authority refuses to pay such expenses, the bureau shall refuse it a certificate of authority and shall revoke any existing certificate of authority. All examination expense moneys collected by the bureau shall be paid into the State Treasury to the credit of the Cemetery and Funeral Fund.(b) This section shall become operative on July 1, 2016.(Repealed and added by Stats. 2015, Ch. 395, Sec. 13 (2nd text). (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
CA Bus & Prof Code § 7613.3 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7613.3.

7613.3.  (a) In making the examination, the bureau:(1) Shall have free access to the books and records relating to the trust funds, their collection and investment, and the number of graves, crypts, and niches under endowment care.(2) Shall inspect and examine the trust funds to determine their condition and the existence of the investments.(3) Shall ascertain if the cemetery corporation has complied with all the laws applicable to trust funds.(b) Upon request by the bureau, a cemetery authority shall provide records to substantiate the expenditures of the income of the trust funds. If a cemetery authority fails to reasonably comply with this request, the bureau may have access to books, records, and accounts of a cemetery authority for purposes of ascertaining compliance with applicable laws. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7613.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7613.5.

7613.5.  (a) A person licensed under this code as a cemetery broker, cemetery salesperson, cemetery manager, funeral director, embalmer, crematorium licensee, or other person licensed to provide services related to cemeteries and funerals shall not have any ownership interest as a member in a limited liability company certificated as a cemetery authority pursuant to Section 7018 of the Health and Safety Code.(b) If a limited liability company admits, as a member with ownership interest, a licensed person described in subdivision (a), the limited liability company, by operation of law, shall be deemed in violation of subdivision (e) of Section 17701.04 of the Corporations Code, and the members shall be treated as partners with joint and several liability for claims made upon acts, errors, or omissions arising out of services provided by any licensed person described in subdivision (a).(c) If the bureau determines that a licensed cemetery broker, cemetery salesperson, cemetery manager, funeral director, embalmer, crematorium licensee, or other person licensed to provide services related to cemeteries and funerals has an ownership interest as a member in the limited liability company, the bureau shall suspend the limited liability company’s certificate of authority. The bureau shall reinstate the certificate of authority only upon finding that the licensed cemetery broker, cemetery salesperson, cemetery manager, funeral director, embalmer, crematorium licensee, or other person licensed to provide services related to cemeteries and funerals has been divested of his or her ownership interest in the limited liability company or has voluntarily surrendered his or her license. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7613.6 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7613.6.

7613.6.  The bureau may administer oaths and examine under oath any person relative to the endowment care fund. The examination shall be conducted in the principal office of the person or body in charge of the endowment care fund and shall be private. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7613.7 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7613.7.

7613.7.  If any examination made by the bureau, or any report filed with it, shows that there has not been collected and deposited in the endowment care funds the minimum amounts required by the Health and Safety Code since September 19, 1939, the bureau shall require a cemetery corporation to comply with Sections 8743 and 8744 of the Health and Safety Code. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7613.8 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7613.8.

7613.8.  Whenever the bureau finds, after notice and hearing, that any endowment care funds have been invested in violation of the Health and Safety Code, it shall by written order mailed to the person or body in charge of the fund require the reinvestment of the funds in conformity to that code within a period which shall be not less than two years if the investment was made prior to October 1, 1949, not less than six months if the investment was made on or after October 1, 1949, and before the effective date of the amendment of this section by the 1969 Regular Session of the Legislature, and not less than 30 days if the investment is made on or after the effective date of the amendment. The period may be extended by the bureau in its discretion. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
CA Bus & Prof Code § 7613.9 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY|CHAPTER 12 - Cemetery and Funeral Act|ARTICLE 1.5 - Definitions and Regulation of Cemeteries|Section 7613.9.

7613.9.  The superior court of the county in which the principal office of the cemetery authority in charge of endowment care funds is located shall, upon the filing by the bureau of a verified application showing any of the following conditions hereinafter enumerated to exist, issue its order vesting title to any endowment care funds of a cemetery authority in the bureau, and directing the bureau forthwith to take possession of all necessary books, records, property, real and personal, and assets, and to conduct as conservator, the management of such endowment care funds, or so much thereof as to the bureau may seem appropriate:(a) That the cemetery authority has refused to submit its books, papers, accounts, or affairs to the reasonable examination of the bureau.(b) That the cemetery authority has neglected to observe an order of the bureau to make good within the time prescribed by law any deficiency in its investments of endowment care funds.(c) That the cemetery authority is found, after an examination, to be in such condition that its further management of its endowment care funds will be hazardous to its members, plotholders, or to the public.(d) That the cemetery authority has violated its articles of incorporation or any law of the state.(e) That any officer, director, agent, servant, or employee of the cemetery authority person refuses to be examined under oath relative to the endowment care funds thereof.(f) That any person has embezzled or otherwise wrongfully diverted any of the endowment care funds of the cemetery authority.(g) The order shall continue in force and effect until, on the application either of the bureau or of the cemetery authority, it shall, after a full hearing, appear to the court that the ground for the order does not exist or has been removed and that the cemetery authority can properly resume title and possession of its property and the management of its endowment care funds. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)