Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 10 - CEMETERY ACT FOR PERPETUALLY MAINTAINED CEMETERIES (§§ 20-17-1001 — 20-17-1031) › Section 20-17-1018 - Violations, criminal penalties, and remedies

(a)
In addition to the civil provisions of this subchapter, it shall be unlawful for any person to:
(1)
Advertise or operate all or part of a cemetery as a perpetual care cemetery or permanent maintenance cemetery without holding a valid permit issued by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; or
(2)
Fail to place the required contributions into the permanent maintenance fund or to remove any principal of the permanent maintenance fund from trust.
(b)
Any person who knowingly violates subsection (a) of this section shall be guilty of a felony and upon pleading guilty or nolo contendere to or being found guilty of a violation of subsection (a) of this section shall be punished by a fine of not more than ten thousand dollars ($10,000) or by imprisonment in the state penitentiary for not more than six (6) years, or by both fine and imprisonment.
(c)
(1)
(A)
If it appears to the board that a person has engaged in or is about to engage in a violation of subdivision (a)(1) of this section, the board may summarily order the person to cease and desist from the act or practice.
(B)
Upon the entry of the order under subdivision (c)(1)(A) of this section, the board shall promptly notify the person that the order has been entered and state the reasons for the order.
(2)
(A)
The person ordered to cease and desist may contest the cease and desist order by delivering a written request for a hearing to the board within thirty (30) days from the date that notice of the order is sent by the board to the last known address of the person by first class mail, postage prepaid.
(B)
The board shall schedule a hearing to be held within a reasonable amount of time after the Insurance Commissioner receives a timely written request for hearing.
(C)
If no hearing is requested and none is ordered by the board, the order will remain in effect until it is modified or vacated by the board.
(D)
After notice and an opportunity for a hearing, the board may:
(i)
Affirm, modify, or vacate the cease and desist order under subdivision (c)(1)(A) of this section; and
(ii)
For a violation of this subchapter, by order levy a fine not to exceed:
(a)
Ten thousand dollars ($10,000) for each violation; or
(b)
An amount equal to the total amount of money received in connection with each violation.
(3)
The board may apply to the Pulaski County Circuit Court to temporarily or permanently enjoin an act or practice that violates subdivision (a)(1) of this section and to enforce compliance with this subchapter:
(A)
After an order is issued under subdivision (c)(1) or subdivision (c)(2) of this section; or
(B)
Without issuing an order under subdivision (c)(1) or subdivision (c)(2) of this section.
(4)
Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted.
(5)
The board is not required to post a bond to obtain the relief provided by this section.
Amended by Act 2017, No. 788,§ 51, eff. 7/1/2018.
Amended by Act 2017, No. 788,§ 50, eff. 7/1/2018.
Acts 1977, No. 352, § 21; A.S.A. 1947, § 82-426.21; Acts 1997, No. 295, § 10; 2011, No. 590, § 8.