2023 New York Laws › NPC - Not-For-Profit Corporation › Article 15 - Public Cemetery Corporations › 1504 - Cemetery Board and General Administration.

§ 1504. Cemetery board and general administration.
(a)    A  cemetery  board  is  hereby  created  within the division of
cemeteries  in  the  department  of  state,  subject  to  the  following
requirements:   (1)  The members of such board shall be the secretary of
state, the attorney general and the commissioner of  health,  who  shall
serve  without  additional compensation.   (2)   The secretary of state,
attorney general and commissioner of health may each, by official  order
filed  in  the  office of his respective department and in the office of
the board, designate a deputy or other representative in his  department
to perform any or all of the duties under this section of the department
head  making  such  designation, as may be provided in such order.  Such
designation shall be deemed temporary only  and  shall  not  affect  the
civil  service  or  retirement rights of any person so designated.  Such
designees shall  serve  without  additional  compensation.
(3)    The
secretary of state shall be chairman of such board, provided that in his
absence  at  any  meeting  of  the  board  the  attorney  general or the
commissioner of health, in such order, if either  or  both  be  present,
shall  act as chairman.  When designees of such officers, in the absence
of all such officers, are present at  any  meeting  of  the  board,  the
designee  of  the secretary of state, if present, and in his absence one
of the other designees present, in  the  same  order  of  preference  as
provided  for  the  officer  appointing him, shall act as chairman.  (4)
Technical, legal or other services shall  be  performed  in  so  far  as
practicable  by  personnel  of  the departments of state, law and health
without additional compensation but the board may employ and  compensate
within  appropriations  available therefor such assistants and employees
as may be necessary to carry out the provisions of this section and  may
prescribe  their powers and duties.  (5)  Two members of the board shall
constitute a quorum to transact  the  business  of  the  board  at  both
regular  and special meetings.  (6) The board shall meet at least once a
month, shall keep a record of all its proceedings  and  shall  determine
the  rules  of its own proceedings.  (7)  Special meetings may be called
by the chairman upon his initiative, and must  be  called  by  him  upon
receipt  of  a  written request therefor signed by another member of the
board.  Written notice of the time and place  of  such  special  meeting
shall  be delivered to the office of each member of the board.  (8)  The
board shall have the  duty  of  administering  the  provisions  of  this
chapter  which deal with cemetery corporations other than the cemeteries
and cemetery corporations enumerated in section  fifteen  hundred  three
and  shall have all the powers herein provided and such other powers and
duties as may be otherwise prescribed by law.
(b)  Director of the division of cemeteries.  The cemetery board shall
appoint a director of the division of  cemeteries  who  shall  hold  his
office for a term of six years.  He shall receive an annual salary to be
fixed  by  the  board  within the appropriations available to the board.
Subject to the supervision, direction and  control  of  the  board,  the
director  of  the  division  of  cemeteries shall be responsible for the
administration of this article and he shall exercise  and  perform  such
duties  and  functions  of the board as it may assign or delegate to him
from time to time.
(c)  Powers and duties of the cemetery board.   With  respect  to  any
cemetery  or  cemetery  corporation,  the  cemetery board shall have the
following duties and powers:  (1)  To adopt such  reasonable  rules  and
regulations  as  the  cemetery board shall deem necessary for the proper
administration of this article.  (2) To order any  cemetery  corporation
to  do  such  acts  as may be necessary to comply with the provisions of
this article or any rule or regulation adopted by the cemetery board  or
to  refrain  from  doing  any act in violation thereof.  (2-a)  To adopt

reasonable rules and regulations to exempt those  cemetery  corporations
from  the  provisions of paragraph (h) of section fifteen hundred ten of
this chapter which because of a limited  number  of  paid  employees  or
appropriate  resources are unable to carry out such provisions. (2-b) To
adopt reasonable  rules  and  regulations  to  extend  the  time  period
mandated  by  the provisions of paragraph (h) of section fifteen hundred
ten of this chapter when necessary  because  compliance  by  a  cemetery
corporation  within  such  time period is impossible. (3) To enforce its
orders by mandamus or injunction in a summary proceeding  or  otherwise.
In  connection  with  such action or proceeding, the attorney general is
authorized to take proof, issue subpoenas and administer  oaths  in  the
manner  provided  in  the  civil practice law and rules. (4) To impose a
civil penalty upon a cemetery corporation  not  exceeding  one  thousand
dollars,  after  conducting  an  adjudicatory  hearing  pursuant  to the
provisions of the state administrative procedure act, for a violation of
or a failure to comply with any provisions contained in this article  or
any regulation, directive or order of the board, and without the need to
maintain  a civil action pursuant to subdivision five of this paragraph.
(5) To maintain a civil action in the name of the people of the state to
recover a judgment for a money penalty imposed under the  provisions  of
this article.
(d)    Judicial  review.    Any order or determination of the cemetery
board made pursuant to this article shall be subject to  review  by  the
supreme  court  in  the  manner provided by article seventy-eight of the
civil practice law and rules; provided, however, that an application for
review of such order or determination must be made  within  one  hundred
twenty  days from the date of the filing of such order or determination,
and  provided  further  that  no  stay  shall  be  granted  pending  the
determination  of  the matter except on notice to the cemetery board and
for a period not exceeding thirty days. Proceedings to review such order
shall be entitled to a preference.