reglab/housing_qa huggingface dataset:
NC Gen Stat § 65-54.1 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-54.1 - Commission records are confidential.

 65-54.1. Commission records are confidential.Records, papers, and other documents containing information collected or compiled by the Commission, its members, or employees as a result of a complaint, investigation, inquiry, or interview in connection with an application for license, or in connection with a license holder's professional ethics and conduct, shall not be considered public records within the meaning of Chapter 132 of the General Statutes. Any notice or statement of charges against a license holder or applicant, or any notice to a license holder or applicant of a hearing to be held by the Commission, is a public record even though it may contain information collected and compiled as a result of a complaint, investigation, inquiry, or interview conducted by the Commission. If any record, paper, or other document containing information collected and compiled by the Commission is admitted into evidence in a hearing held by the Commission, it shall then be a public record within the meaning of Chapter 132 of the General Statutes.  (2012-120, s. 3(f).)
NC Gen Stat § 65-56 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-56 - Existing companies; effect of Article.

 65-56. Existing companies; effect of Article.Existing cemetery companies at the time of the adoption of this Chapter shall continue in full force and effect and be granted a license but shall hereafter be operated in accordance with the provisions of Article 9 of this Chapter. (1975, c. 768, s. 1.)
NC Gen Stat § 65-58 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-58 - Licenses for persons selling preneed grave space.

 65-58. Licenses for persons selling preneed grave space.(a) No person shall offer to sell preneed grave spaces, mausoleum crypts, niches, memorials, vaults or any other preneed cemetery merchandise or services under any plan authorized for any cemetery, cemetery sales group, or cemetery management group, before obtaining a license from the Commission.(b) Persons wishing to obtain a license shall file a written application with the Commission on forms provided by the Commission. The Commission may require such information and documents as it deems necessary to protect the public interest.(c) The application shall be accompanied by a filing fee to be set by the Commission in an amount not to exceed one hundred dollars ($100.00) to cover the expenses of processing and investigation. After processing and investigation, the Commission shall grant, or refuse to grant, the license applied for. The license fee for a two-year term shall be set by the Commission but shall not exceed one hundred dollars ($100.00).(d) If the Commission refuses to grant the license applied for, it shall give written notice to the applicant. The notice shall state a time and a place for hearing before the Commission, and a summary statement of the reasons for the refusal to grant the license. The notice shall be mailed by registered mail or certified mail to the applicant at the address stated in the application at least 30 days prior to the scheduled hearing date.(e) If the Commission intends to grant the license, it shall give written notice that the license will be issued upon presentment to the Commission of a duly executed statement of employment between the applicant and the cemetery or cemeteries to be serviced thereby.(f) The provisions of Article 4 of Chapter 150B of the General Statutes of North Carolina relating to "Judicial Review" shall apply to appeals or petitions for judicial review by any person or persons aggrieved by an order or decision of the Commission.(g) Repealed by Session Laws 1977, c. 686, s. 12. (1943, c. 644, s. 15; 1967, c. 1009, s. 14; 1975, c. 768, s. 1; 1977, c. 686, ss. 11, 12; 1987, c. 827, s. 1; 2004-202, s. 4.)
NC Gen Stat § 65-59 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-59 - Application for a change of control; filing fee.

 65-59. Application for a change of control; filing fee.A person who proposes to acquire control of an existing cemetery company, whether by purchasing the capital stock of the company, purchasing an owner's interest in the company, or otherwise acting to effectively change the control of the company, shall first make application on a form supplied by the Commission for a certificate of approval of the proposed change of control. The application shall contain the name and address of each proposed new owner. The Commission shall issue a certificate of approval only after it determines that the proposed new owners are qualified by character, experience, and financial responsibility to control and operate the cemetery company in a legal and proper manner, and that the interest of the public generally will not be jeopardized by the proposed change in control. An application for approval of a change of control must be completed and accompanied by a filing fee to be set by the Commission in an amount not to exceed one thousand six hundred dollars ($1,600). The Commission shall not approve any change of control until the applicant has provided sufficient evidence that any trust account required under G.S. 65-66(b) and G.S. 65-70(b) is maintained and funded in the required amount. If the cemetery company posted a performance bond in lieu of any trust account required under G.S. 65-66(b) and G.S. 65-70(b), then the Commission shall not approve any change of control until the applicant has provided sufficient evidence that the performance bond is being appropriately maintained and in an amount sufficient to cover all payments made directly or indirectly by or on account of purchasers who have not received the purchased property and services.  (1975, c. 768, s. 1; 1987, c. 488, s. 4; 1991, c. 653, s. 4; 2004-202, s. 5; 2010-102, s. 1.)
NC Gen Stat § 65-60 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-60 - Records.

 65-60. Records.A record shall be kept of every burial in the cemetery of a cemetery company, showing the date of burial, name of the person buried, together with lot, plot, and space in which such burial was made therein. All sales, trust funds, accounting records, and all other records of the licensee shall be available at the licensee's principal place of business in this State and shall be readily available at all reasonable times for examination by an authorized representative of the Commission. (1975, c. 768, s. 1.)
NC Gen Stat § 65-61 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-61 - Required trust fund for care and maintenance; remedy of Commission for noncompliance.

 65-61. Required trust fund for care and maintenance; remedy of Commission for noncompliance.No cemetery company shall be permitted to establish, or operate if already established, a cemetery unless provision is made for the future care and maintenance of such cemetery by establishing a trust fund and designating a corporate trustee to administer said fund in accordance with a written trust agreement. If any cemetery company refuses or otherwise fails to provide or maintain an adequate care and maintenance trust fund in accordance with the provisions of this Article, the Commission, after reasonable notice, shall proceed to enforce compliance under the powers vested in it under this Article; provided any nonprofit cemetery corporation, incorporated and engaged in the cemetery business continuously since and prior to 1915 and whose current trust assets exceed seven hundred fifty thousand dollars ($750,000) shall not be required to designate a corporate trustee. The trust fund agreement shall contain and include the following: name, location, and address of both the licensee and the trustee showing the date of agreement together with the amounts required deposited as stated in this Article. No person shall withdraw or transfer any portion of the corpus of the care and maintenance trust fund without first obtaining written consent from the Commission. (1943, c. 644, s. 9; 1957, c. 529, s. 3; 1967, c. 1009, s. 9; 1975, c. 768, s. 1; 1977, c. 686, s. 13.)
NC Gen Stat § 65-62 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-62 - Individual contracts for care and maintenance.

 65-62. Individual contracts for care and maintenance.At the time of making a sale or receiving the initial deposit hereunder, the cemetery company shall deliver to the person to whom such sale is made, or who makes such deposit, an instrument in writing which shall specifically state that the net income of the care and maintenance trust fund shall be used solely for the care and maintenance of the cemetery, for reasonable costs of administering such care and maintenance and for reasonable costs of administering the trust fund. (1975, c. 768, s. 1.)
NC Gen Stat § 65-63 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-63 - Requirements for perpetual care fund.

 65-63. Requirements for perpetual care fund.A cemetery company may not cause or permit advertising of a perpetual care fund in connection with the sale or offer for sale of its property unless the amount deposited in the fund is at least one hundred dollars ($100.00) or ten percent (10%) of the retail sale price, whichever is greater, per grave space, niche, or mausoleum crypt sold. Nothing may prohibit an individual cemetery from requiring a perpetual care deposit for grave memorial markers to be deposited in the perpetual care fund so long as the same assessment is uniformly applied to all grave memorial markers installed in the cemetery. (1943, c. 644, s. 5; 1957, c. 529, s. 1; 1967, c. 1009, s. 3; 1971, c. 1149, s. 3; 1975, c. 768, s. 1; 1979, c. 888, s. 4; 1987, c. 488, s. 5; 1991, c. 653, s. 5; 2004-202, s. 6.)
NC Gen Stat § 65-65 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-65 - Trust fund; financial reports.

 65-65. Trust fund; financial reports.Within 60 days after the end of the calendar or fiscal year of the cemetery company, the trustee shall furnish adequate financial reports with respect to the care fund on forms provided by the Commission. However, the Commission may require the trustee to make such additional financial reports as it may deem advisable. (1975, c. 768, s. 1.)
NC Gen Stat § 65-67 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-67 - Applications for license.

 65-67. Applications for license.Applications for renewal license must be submitted on or before July 1 each and every year in the case of an existing cemetery company. Before any sale of cemetery property in the case of a new cemetery company or a change of ownership or control as indicated in G.S. 65-59, an application for license must be submitted and license issued. (1975, c. 768, s. 1.)
NC Gen Stat § 65-68 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-68 - License not assignable or transferable.

 65-68. License not assignable or transferable.No license issued under G.S. 65-67 shall be transferable or assignable and no licensee shall develop or operate any cemetery authorized by this Article under any name or at any location other than that contained in the application for such license. (1975, c. 768, s. 1.)
NC Gen Stat § 65-69 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-69 - Minimum acreage; sale or disposition of cemetery lands.

 65-69. Minimum acreage; sale or disposition of cemetery lands.(a) Each licensee shall set aside a minimum of 30 acres of land for use by said licensee as a cemetery, and shall not sell, mortgage, lease or encumber the same.(b) The fee simple title, or lesser estate, in any lands owned by licensee and dedicated for use by it as a cemetery, which are contiguous, adjoining, or adjacent to the minimum of 30 acres described in subsection (a), may be sold, conveyed, or disposed of, or any part thereof, by the licensee, for use by the new owner for other purposes than as a cemetery; provided that no bodies have been previously interred therein; and provided further, that any and all titles, interests, or burial rights which may have been sold or contracted to be sold in such lands which are the subject of such sale shall be conveyed to and revested in the licensee prior to consummation of any such sale, conveyance or disposition.(c) Any licensee may convey and transfer to a municipality or county its real and personal property together with moneys deposited with the trustee; provided said municipality or county will accept responsibility for maintenance thereof and prior written approval of the Commission is first obtained.(d) The provisions of subsections (a) and (b) of this section relating to the requirement for minimum acreage shall not apply to those cemeteries licensed by the Commission on or before July 1, 1967, which own or control a total of less than 30 acres of land; provided that such cemeteries shall not dispose of any of such lands. A nongovernment lien or other interest in land acquired in violation of this section is void.(e) Notwithstanding subsection (a) of this section, cemeteries licensed by the Commission, or initially incorporated with the North Carolina Secretary of State, between July 2, 1967, and September 1, 1975, may sell, mortgage, lease, or encumber the minimum acres of land required by subsection (a) of this section, provided notice is given to the Commission 10 days prior to the transaction, if all of the following criteria are met:(1) At the time of licensure or initial incorporation, the population of the county in which the cemetery is located did not exceed 45,000 people according to the appropriate federal decennial census.(2) Another private or public cemetery is located within a five mile radius of the cemetery that is subject to the proposed transaction.(3) At least 15 acres of cemetery land remain for use by the licensee as a cemetery, without mortgage, lease, or encumbrance.(4) The purchaser of the land shall transfer to the perpetual care fund an amount equal to ten percent (10%) of the consideration or value of the interest conveyed, on up to 15 acres sold, within 60 days of the sale.  (1975, c. 768, s. 1; 1991, c. 653, s. 8; 2016-83, s. 1.)
NC Gen Stat § 65-71 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-71 - Penalties.

 65-71. Penalties.(a) Except as provided in this subsection, a person violating any provisions of this Article is guilty of a Class 1 misdemeanor. Each failure to deposit funds in a trust fund in accordance with this Article is a separate offense. A person that has failed to deposit funds in a trust fund in accordance with this Article and whose delinquent deposits equal or exceed twenty thousand dollars ($20,000) is guilty of a Class I felony.(b) The officers and directors or persons occupying similar status or performing similar functions of any cemetery company, cemetery sales organization, cemetery management organization, or cemetery broker, as defined in this Chapter, failing to make required contributions to the care and maintenance trust fund and any other trust fund or escrow account are liable for any offense based on the failure and upon conviction for the offense shall be punished in the manner prescribed by law.  (1943, c. 644, s. 14; 1967, c. 1009, s. 13; 1975, c. 768, s. 1; 1991, c. 653, s. 9; 1993, c. 539, ss. 501, 1281; 1994, Ex. Sess., c. 24, s. 14(c); 2021-84, s. 2.)
NC Gen Stat § 65-72 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-72 - Burial without regard to race or color.

 65-72. Burial without regard to race or color.(a) It shall be the public policy of the State that all cemetery companies or other legal entities conducting or maintaining public or private cemeteries shall sell to all applicants and bury all deceased human beings on equal terms without regard to race or color. Anything contrary hereto is void and of no legal effect. Bylaws, rules and regulations, contracts, deeds, etc., may permit designation of parts of cemeteries or burial grounds for the specific use of persons whose religious code required isolation. Any program offering free burial rights to veterans or any other person or group of persons shall not be conditioned by any requirement to purchase additional burial rights or merchandise.(b) Any cemetery company or other legal entity violating the provisions of this section shall be guilty of a Class 1 misdemeanor, and each violation of this section shall constitute a separate offense. (1975, c. 768, s. 1; 1993, c. 539, s. 502; 1994, Ex. Sess., c. 24, s. 14(c).)
NC Gen Stat § 65-73 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 9 - North Carolina Cemetery Act.|§ 65-73 - Validation of certain deeds for cemetery lots executed by suspended corporations.

 65-73. Validation of certain deeds for cemetery lots executed by suspended corporations.Any deed for a cemetery lot or lots which was executed prior to January 1, 1979, and which would have been valid if the charter of the grantor corporation had not been suspended at the time the deed was executed, is hereby validated. (1979, c. 225, s. 1.)
NC Gen Stat § 65-77 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 11 - Minimum Burial Depth.|§ 65-77 - Minimum burial depth.

 65-77. Minimum burial depth.When final disposition of a human body entails interment, the top of the uppermost part of the burial vault or other encasement shall be a minimum of 18 inches below the ground surface. This section does not apply to:(1) Burials where no part of the burial vault or other encasement containing the body is touching the ground.(2) Burials where the land is located in a family owned cemetery that was established by deed recorded prior to January 1, 1989, and the individual to be buried is to be buried in a surface burial vault in a manner similar to that of the individual's deceased spouse who was buried prior to January 1, 1981. (1995, c. 123, s. 16; 1999-425, s. 4; 2003-420, s. 8(b).)
NC Gen Stat § 65-85 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 12 - Abandoned and Neglected Cemeteries.|§ 65-85 - Definitions.

 65-85. Definitions.As used in this Article, the following terms mean:(1) Abandoned. - Ceased from maintenance or use by the person with legal right to the real property with the intent of not again maintaining the real property in the foreseeable future.(2) Cemetery. - A tract of land used for burial of multiple graves.(3) Department. - The Department of Natural and Cultural Resources.(4) Grave. - A place of burial for a single decedent.(5) Neglected. - Left unattended or uncared for through carelessness or intention and lacking a caretaker.(6) Public cemetery. - A cemetery for which there is no qualification to purchase, own, or come into possession of a grave in that cemetery.  (2007-118, s. 1; 2015-241, s. 14.30(s).)
NC Gen Stat § 65-91 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 12 - Abandoned and Neglected Cemeteries.|§ 65-91 - Money deposited with the clerk of superior court.

 65-91. Money deposited with the clerk of superior court.For the maintenance and preservation of abandoned or neglected graves or abandoned or neglected cemeteries, any person, firm, or corporation may, by will or otherwise, place in the hands of the clerk of the superior court of any county in the State where such grave or lot is located any sum of money not less than five thousand dollars ($5,000), the income from which is to be used for keeping in good condition the abandoned or neglected grave or the abandoned or neglected cemetery with specific instructions as to the use of the fund. (1917, c. 155, s. 1; C.S., s. 5024; 1979, c. 38; 2007-118, s. 1.)
NC Gen Stat § 65-92 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 12 - Abandoned and Neglected Cemeteries.|§ 65-92 - Separate record of accounts to be kept.

 65-92. Separate record of accounts to be kept.It shall be the duty of the clerk of the superior court to keep a separate record for keeping account of the money deposited as provided in G.S. 65-91, to keep a perpetual account of the same therein, and to record therein the specific instructions about the use of the income on such money. The clerk shall see that the income is spent according to such specific instructions and shall place a copy of the accounting in the estate file. (1917, c. 155, s. 1; C.S., s. 5025; 2007-118, s. 1.)
NC Gen Stat § 65-93 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 12 - Abandoned and Neglected Cemeteries.|§ 65-93 - Funds to be kept perpetually.

 65-93. Funds to be kept perpetually.All money placed in the office of the superior court clerk in accordance with this Part shall be held perpetually, or until such time as the balance of the trust corpus falls below one hundred dollars ($100.00), at which time the trust shall terminate, and the clerk shall disburse the remaining balance as provided in G.S. 36A-147(c). Except as otherwise provided herein, no one shall have authority to withdraw or change the direction of the income on same. (1917, c. 155, s. 2; C.S., s. 5026; 1995, c. 225, s. 2; 2007-118, s. 1.)
NC Gen Stat § 65-94 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 12 - Abandoned and Neglected Cemeteries.|§ 65-94 - Investment of funds.

 65-94. Investment of funds.Money placed in the office of the superior court clerk in accordance with this Part shall be invested in the same manner as is provided by law for the investment of other trust funds by the clerk of the superior court. (1917, c. 155, s. 3; C.S., s. 5027; 1943, c. 97, s. 1; 2007-118, s. 1.)
NC Gen Stat § 65-95 (2021)
2021 North Carolina General Statutes|Chapter 65 - Cemeteries|Article 12 - Abandoned and Neglected Cemeteries.|§ 65-95 - Clerk's bond; substitution of bank or trust company as trustee.

 65-95. Clerk's bond; substitution of bank or trust company as trustee.The official bond of the clerk of the superior court shall be liable for all such sums as shall be paid over to the clerk in accordance with the provisions of this Part. In lieu of the provisions of this section, the clerk may appoint any bank or trust company authorized to do business in this State as trustee for the funds authorized to be paid into his office by virtue of this Part; provided, that no bank or trust company shall be appointed as such trustee unless such bank or trust company is authorized and licensed to act as fiduciary under the laws of this State.Before any clerk shall turn over such funds to the trustee so appointed, the clerk shall require that the trustee so named qualify before the clerk as such trustee in the same way and manner and to the same extent as guardians are by law required to so qualify. After such trustee has qualified as herein provided, all such funds coming into the clerk's hands may be invested by the trustee only in the securities set out in G.S. 7A-112 and the income therefrom invested for the purposes and in the manner heretofore set out in this Part. All trustees appointed under the provisions of this Part shall render and file in the office of the clerk of the superior court all reports that are now required by law of guardians. (1917, c. 155, ss. 3, 4; C.S., s. 5028; 1939, c. 18; 1943, c. 97, s. 2; 2007-118, s. 1.)