reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.115 - Sale or transfer of cemetery authority or creation of a new cemetery—Penalty for noncompliance.

RCW 68.05.115
Sale or transfer of cemetery authority or creation of a new cemetery—Penalty for noncompliance.
Prior to the sale or transfer of ownership or control of any cemetery authority or the creation of a new cemetery, any person or entity desiring to acquire such ownership or control or to create a new cemetery shall apply in writing to the board for a new certificate of authority to operate a cemetery. The board shall enter any order deemed necessary for the protection of all endowment care funds and/or prearrangement trust fund during such transfer. As a condition of applying for a new certificate of authority, the entity desiring to acquire such ownership or control must agree to be bound by all then existing prearrangement contracts. Persons and business entities selling and persons and business entities purchasing ownership or control of a cemetery authority shall each verify and attest to an endowment care fund report and/or a prearrangement trust fund report showing the status of such funds on the date of the sale on a written report form prescribed by the board. Such reports shall be considered part of the application for authority to operate. Failure to comply with this section shall be a gross misdemeanor and any sale or transfer in violation of this section shall be void.
[ 2005 c 365 § 54; 1987 c 331 § 11; 1979 c 21 § 11; 1973 1st ex.s. c 68 § 17; 1969 ex.s. c 99 § 5. Formerly RCW 68.05.255.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.120 - Actions to enforce law—Attorney general.

RCW 68.05.120
Actions to enforce law—Attorney general.
The board is authorized to bring actions to enforce the provisions of the law subject to its jurisdiction, in which actions it shall be represented by the attorney general.
[ 1953 c 290 § 38.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.150 - Examination of funds—Powers, duties.

RCW 68.05.150
Examination of funds—Powers, duties.
In making such examination the board:
(1) Shall have free access to the books and records relating to the endowment care funds and prearrangement trust funds;
(2) Shall inspect and examine the endowment care funds and prearrangement trust funds to determine their condition and the status of the investments; and
(3) Shall verify that the cemetery authority has complied with all the laws applicable to endowment care funds and prearrangement trust funds.
[ 2005 c 365 § 55; 1979 c 21 § 8; 1973 1st ex.s. c 68 § 14; 1953 c 290 § 44.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.155 - Prearrangement sales license.

RCW 68.05.155
Prearrangement sales license.
To enter into prearrangement contracts as defined in RCW 68.46.010, a cemetery authority shall have a valid prearrangement sales license. To apply for a prearrangement sales license, a cemetery authority shall:
(1) File with the board its request showing:
(a) Its name, location, and organization date;
(b) The kinds of cemetery business or merchandise it proposes to transact;
(c) A statement of its current financial condition, management, and affairs on a form satisfactory to or furnished by the board; and
(d) Such other documents, stipulations, or information as the board may reasonably require to evidence compliance with the provisions of this chapter; and
(2) Deposit with the department the fees required by this chapter to be paid for filing the accompanying documents, and for the prearrangement sales license, if granted.
[ 1987 c 331 § 12; 1979 c 21 § 28. Formerly RCW 68.46.140.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.160 - Action required when authority fails to deposit minimum endowment amount or comply with prearrangement contract provisions.

RCW 68.05.160
Action required when authority fails to deposit minimum endowment amount or comply with prearrangement contract provisions.
If any examination made by the board, 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 this title, or if the board finds that the cemetery authority has failed to comply with the requirements of this chapter and chapter 68.46 RCW with respect to prearrangement contracts, merchandise, or services, unconstructed crypts or niches or undeveloped graves, or prearrangement trust funds, the board shall require such cemetery authority to comply with this chapter or with chapter 68.40 or 68.46 RCW, as the case may be.
[ 1979 c 21 § 9; 1973 1st ex.s. c 68 § 15; 1953 c 290 § 45.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.170 - Order requiring reinvestment in compliance with title—Actions for preservation and protection.

RCW 68.05.170
Order requiring reinvestment in compliance with title—Actions for preservation and protection.
(1) Whenever the board finds, after notice and hearing, that any endowment care funds have been invested in violation of this title, it may by written order mailed to the person or body in charge of the fund require the reinvestment of the funds in conformity with this title within the period specified by it which shall be not more than six months. Such period may be extended by the board in its discretion.
(2) The board may bring actions for the preservation and protection of endowment care funds in the superior court of the county in which the cemetery is located. The court shall appoint substitute trustees and make any other order which may be necessary for the preservation, protection, and recovery of endowment care funds, whenever a cemetery authority or the trustees of its fund have:
(a) Transferred or attempted to transfer any property to, or made any loan from, the endowment care funds for the benefit of the cemetery authority or any director, officer, agent or employee of the cemetery authority or trustee of any endowment care funds; or,
(b) Failed to reinvest endowment care funds in accordance with a board order issued under subsection (1) of this section; or,
(c) Invested endowment care funds in violation of this title; or,
(d) Taken action or failed to take action to preserve and protect the endowment care funds; or,
(e) Become financially irresponsible or transferred control of the cemetery authority to any person who, or business entity which, is financially irresponsible; or,
(f) Is in danger of becoming insolvent or has gone into bankruptcy or receivership; or,
(g) Taken any action in violation of Title 68 RCW or failed to take action required by Title 68 RCW or has failed to comply with lawful rules and orders of the board.
(3) Whenever the board or its representative has reason to believe that endowment care funds or prearrangement trust funds are in danger of being lost or diminished during the time required for notice and hearing, it may immediately impound or seize documents, financial instruments, or other trust fund assets, or take other actions deemed necessary under the circumstances for the preservation and protection of endowment care funds or prearrangement trust funds, including, but not limited to, immediate substitutions of trustees.
[ 2005 c 365 § 56; 2002 c 86 § 317; 1987 c 331 § 23; 1969 ex.s. c 99 § 1; 1953 c 290 § 46.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.173 - Revocation, suspension of certificate or license.

RCW 68.05.173
Revocation, suspension of certificate or license.
Upon violation of any of the provisions of this title, the board may revoke or suspend the certificate of authority or any other license issued by the board.
[ 2005 c 365 § 57; 1987 c 331 § 24; 1953 c 290 § 49. Formerly RCW 68.05.250.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.175 - License or endorsement required for cremation, alkaline hydrolysis, and natural organic reduction.

RCW 68.05.175
License or endorsement required for cremation, alkaline hydrolysis, and natural organic reduction.
A license or endorsement issued under chapter 18.39 RCW is required in order to operate a crematory or conduct a cremation, operate or conduct alkaline hydrolysis, operate or conduct natural organic reduction, or operate a natural organic reduction facility.
[ 2019 c 432 § 12; 2009 c 102 § 11; 1987 c 331 § 13; 1985 c 402 § 4. Formerly RCW 68.05.257.]
NOTES:
Effective date—2019 c 432: "This act takes effect May 1, 2020." [ 2019 c 432 § 40.]
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.810.
Legislative finding—1985 c 402: See note following RCW 68.50.185.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.180 - Annual report of authority—Contents—Verification.

RCW 68.05.180
Annual report of authority—Contents—Verification.
Each cemetery authority in charge of cemetery endowment care funds shall annually, and within ninety days after the end of the calendar or fiscal year of the cemetery authority, file with the board a written report in form and content prescribed by the board.
These reports shall be verified by the president or vice president, one other officer of the cemetery authority, the accountant or auditor preparing the same, and, if required by the board for good cause, a certified public accountant in accordance with generally accepted auditing standards.
[ 1979 c 21 § 10; 1977 ex.s. c 351 § 3; 1973 1st ex.s. c 68 § 16; 1953 c 290 § 40.]
NOTES:
Severability—1977 ex.s. c 351: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1977 ex.s. c 351 § 7.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.190 - Examination of reports.

RCW 68.05.190
Examination of reports.
The board shall examine the reports filed with it as to their compliance with the requirements of the law.
[ 1953 c 290 § 41.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.195 - Burial or scatter of human remains—Permit.

RCW 68.05.195
Burial or scatter of human remains—Permit.
Any person other than persons defined in RCW 68.50.160 who buries or scatters human remains by land, air, or sea or performs any other disposition of human remains outside of a cemetery must have a permit issued in accordance with RCW 68.05.100 and are subject to that section.
[ 2019 c 432 § 13; 2005 c 365 § 58; 1987 c 331 § 15.]
NOTES:
Effective date—2019 c 432: See note following RCW 68.05.175.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.205 - Fees.

RCW 68.05.205
Fees.
The director with the consent of the board must set all fees for chapters 18.39, 68.05, 68.20, 68.24, 68.28, 68.32, 68.36, 68.40, 68.44, and 68.46 RCW in accordance with RCW 43.24.086, including fees for licenses, certificates, regulatory charges, permits, or endorsements, and the department must collect the fees.
[ 2019 c 432 § 14; 2009 c 102 § 12; 1993 c 43 § 4; 1987 c 331 § 16; 1983 1st ex.s. c 5 § 1; 1977 ex.s. c 351 § 4; 1969 ex.s. c 99 § 4; 1953 c 290 § 51. Formerly RCW 68.05.230.]
NOTES:
Effective date—2019 c 432: See note following RCW 68.05.175.
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.810.
Effective date of 1993 c 43—1993 sp.s. c 24: See note following RCW 18.39.290.
Severability—1983 1st ex.s. c 5: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1983 1st ex.s. c 5 § 3.]
Severability—1977 ex.s. c 351: See note following RCW 68.05.180.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.210 - Proof of applicant's compliance with laws and financial responsibility.

RCW 68.05.210
Proof of applicant's compliance with laws and financial responsibility.
The board may require such proof as it deems advisable concerning the compliance by such applicant to all the laws, rules, regulations, ordinances and orders applicable to it. The board shall also require proof that the applicant and its officers and directors are financially responsible, in order that only cemeteries of permanent benefit to the community in which they are located will be established in this state.
[ 2005 c 365 § 59; 1969 ex.s. c 99 § 2; 1953 c 290 § 48.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.215 - Certificates—Regulatory charges—Expiration.

RCW 68.05.215
Certificates—Regulatory charges—Expiration. (Effective until October 31, 2023.)
The regulatory charges for cemetery certificates at all periods of the year are the same as provided in this chapter. All regulatory charges are payable at the time of the filing of the application and in advance of the issuance of the certificates. All certificates shall be issued for the year and shall expire at midnight, the thirty-first day of January of each year, or at whatever time during any year that ownership or control of any cemetery authority is transferred or sold. Cemetery certificates shall not be transferable.
[ 2005 c 365 § 60; 1987 c 331 § 17; 1969 ex.s. c 99 § 3; 1953 c 290 § 50. Formerly RCW 68.05.220.]
The regulatory charges for cemetery certificates at all periods of the year are the same as provided in this chapter. All regulatory charges are payable at the time of the filing of the application and in advance of the issuance of the certificates. All certificates shall be issued for the year and shall expire at midnight, the 31st day of March of each year, or at whatever time during any year that ownership or control of any cemetery authority is transferred or sold. Cemetery certificates shall not be transferable.
[ 2023 c 185 § 1; 2005 c 365 § 60; 1987 c 331 § 17; 1969 ex.s. c 99 § 3; 1953 c 290 § 50. Formerly RCW 68.05.220.]
NOTES:
Effective date—2023 c 185: "This act takes effect October 31, 2023." [ 2023 c 185 § 5.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.225 - Sales licenses—Terms—Fees.

RCW 68.05.225
Sales licenses—Terms—Fees. (Effective until October 31, 2023.)
All prearrangement sales licenses issued under this chapter shall be issued for the year and shall expire at midnight, the thirty-first day of January of each year, or at whatever time during any year that ownership or control of any cemetery authority is transferred or sold.
The director, in accordance with RCW 43.24.086, shall set and the department shall collect in advance the fees required for licensing.
[ 2005 c 365 § 61; 1987 c 331 § 18; 1979 c 21 § 29. Formerly RCW 68.46.180.]
All prearrangement sales licenses issued under this chapter shall be issued for the year and shall expire at midnight, the 31st day of March of each year, or at whatever time during any year that ownership or control of any cemetery authority is transferred or sold.
The director, in accordance with RCW 43.24.086, shall set and the department shall collect in advance the fees required for licensing.
[ 2023 c 185 § 2; 2005 c 365 § 61; 1987 c 331 § 18; 1979 c 21 § 29. Formerly RCW 68.46.180.]
NOTES:
Effective date—2023 c 185: See note following RCW 68.05.215.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.235 - Reports—Failure to file.

RCW 68.05.235
Reports—Failure to file.
(1) Each authorized cemetery authority shall, within ninety days after the close of its accounting year, file with the board an endowment care trust fund report and a prearrangement trust fund report for the preceding year. The reports shall be on such forms and shall contain such information as required by this chapter and by the board.
(2) The failure to file a report as required under subsection (1) of this section constitutes unprofessional conduct for which the board may take disciplinary action against the prearrangement sales license of the cemetery authority. In addition, the board may take disciplinary action against any other license held by the cemetery authority.
[ 2005 c 365 § 62; 2002 c 86 § 318; 1987 c 331 § 19; 1979 c 21 § 37. Formerly RCW 68.46.095.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.240 - Interment, certificate of authority required—Penalty.

RCW 68.05.240
Interment, certificate of authority required—Penalty.
It shall be a misdemeanor for any cemetery authority to make any interment without a valid, unsuspended certificate of authority. Each interment shall be a separate violation.
[ 2005 c 365 § 63; 1953 c 290 § 52.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.245 - Crematory permits, licenses, or endorsements—Terms—Fees.

RCW 68.05.245
Crematory permits, licenses, or endorsements—Terms—Fees. (Effective until October 31, 2023.)
(1) All permits, licenses, or endorsements issued under this chapter or chapter 18.39 RCW must be issued for the year and expire at midnight, the thirty-first day of January of each year, or at whatever time during any year that ownership or control of any cemetery authority that operates such facility is transferred or sold.
(2) The director must set and the department must collect in advance the fees required for licensing.
[ 2019 c 432 § 15; 2005 c 365 § 64; 1987 c 331 § 20.]
NOTES:
Effective date—2019 c 432: See note following RCW 68.05.175.
(1) All permits, licenses, or endorsements issued under this chapter must be issued for the year and expire at midnight, the 31st day of March of each year, or at whatever time during any year that ownership or control of any cemetery authority that operates such facility is transferred or sold.
(2) The director must set and the department must collect in advance the fees required for licensing.
[ 2023 c 185 § 3; 2019 c 432 § 15; 2005 c 365 § 64; 1987 c 331 § 20.]
NOTES:
Effective date—2023 c 185: See note following RCW 68.05.215.
Effective date—2019 c 432: See note following RCW 68.05.175.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.254 - Examination of endowment funds and prearrangement trust funds.

RCW 68.05.254
Examination of endowment funds and prearrangement trust funds.
(1) The board shall examine the endowment care and prearrangement trust fund or funds of a cemetery authority:
(a) Whenever it deems necessary, but at least once every three years after the original examination except where the cemetery authority is either required by the board to, or voluntarily files an annual financial report for the fund certified by a certified public accountant or a licensed public accountant in accordance with generally accepted auditing standards;
(b) One year following the issuance of a new certificate of authority;
(c) Whenever the cemetery authority in charge of endowment care or prearrangement trust fund or funds fails after reasonable notice from the board to file the reports required by this chapter; or
(d) Whenever it is requested by verified petition signed by twenty-five lot owners alleging that the endowment care funds are not in compliance with this title, or whenever it is requested by verified petition signed by twenty-five purchasers or beneficiaries of prearrangement merchandise or services alleging that the prearrangement trust funds are not in compliance with this title, in either of which cases, the examination shall be at the expense of the petitioners.
(2) The expense of the endowment care and prearrangement trust fund examination as provided in subsection (1)(a) and (b) of this section shall be paid by the cemetery authority. Such examination shall be privately conducted in the principal office of the cemetery authority.
(3) The requirements that examinations be conducted once every three years and that they be conducted in the principal office of the cemetery authority do not apply to any endowment care or prearrangement fund that is less than twenty-five thousand dollars. The board shall, at its discretion, decide when and where the examinations shall take place.
(4) Examination expenses incurred in conjunction with a transfer of ownership of a cemetery must be paid by the selling entity.
(5) All examination expense moneys collected by the department must be paid to the cemetery account created in *RCW 68.05.285.
[ 2005 c 365 § 65; 1987 c 331 § 21; 1979 c 21 § 7; 1973 1st ex.s. c 68 § 12; 1953 c 290 § 42. Formerly RCW 68.05.130.]
NOTES:
*Reviser's note: RCW 68.05.285 was repealed by 2009 c 102 § 26.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.259 - Payment of examination expenses.

RCW 68.05.259
Payment of examination expenses.
If any cemetery authority refuses to pay any examination expenses within thirty days of completion of the examination or refuses to pay certain examination expenses in advance as required by the department for cause, the board may take disciplinary action against any existing certificate of authority.
[ 2005 c 365 § 66; 2002 c 86 § 319; 1987 c 331 § 22; 1973 1st ex.s. c 68 § 13; 1953 c 290 § 43. Formerly RCW 68.05.140.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.290 - Board members' immunity from suits.

RCW 68.05.290
Board members' immunity from suits.
Members of the board shall be immune from suit in any action, civil or criminal, based upon any official acts performed in good faith as members of the board. The state shall defend, indemnify, and hold the members of the board harmless from all claims or suits arising in any manner from such acts. Expenses incurred by the state under this section shall be paid from the general fund.
[ 2005 c 365 § 68; 1979 c 21 § 12.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.300 - Unprofessional conduct—Disciplinary action.

RCW 68.05.300
Unprofessional conduct—Disciplinary action.
In addition to the unprofessional conduct described in RCW 18.235.130, the board may take disciplinary action if the cemetery authority:
(1) Fails to comply with any provision of this chapter or any proper order or regulation of the board;
(2) Is found by the board to be in such condition that further execution of prearrangement contracts would be hazardous to purchasers or beneficiaries and the people of this state; or
(3) Is found by the board after investigation or receipt of reliable information to be managed by persons who are incompetent or untrustworthy or so lacking in managerial experience as to make the proposed or continued operation hazardous to purchasers, beneficiaries, or the public.
[ 2002 c 86 § 320; 1987 c 331 § 25; 1979 c 21 § 30. Formerly RCW 68.46.190.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.310 - Prearrangement sales—Disciplinary action.

RCW 68.05.310
Prearrangement sales—Disciplinary action.
No cemetery authority whose prearrangement sales license has been the subject of disciplinary action shall be authorized to enter into prearrangement contracts unless specifically authorized by the board and only upon full compliance with the conditions required by the board. Any prearrangement sale by an unlicensed cemetery authority shall be voidable by the purchaser who shall be entitled to a full refund.
[ 2002 c 86 § 321; 1989 c 175 § 124; 1987 c 331 § 26; 1979 c 21 § 31. Formerly RCW 68.46.200.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.320 - Board action against authorities—Administrative procedures.

RCW 68.05.320
Board action against authorities—Administrative procedures.
(1) The board or its authorized representative may issue and serve upon a cemetery authority a notice of charges if in the opinion of the board or its authorized representative the cemetery authority:
(a) Is engaging in or has engaged in practices likely to endanger the future delivery of cemetery merchandise or services, unconstructed crypts or niches, or undeveloped graves;
(b) Is violating or has violated any statute of the state of Washington or any rule of the board; or
(c) Is about to do an act prohibited in (a) or (b) of this subsection when the opinion is based upon reasonable cause.
(2) The notice shall contain a statement of the facts constituting the alleged violation or practice and shall fix a time and place at which a hearing will be held to determine whether an order to cease and desist should issue against the cemetery authority. The hearing shall be set not earlier than ten nor later than thirty days after service of the notice unless a later date is set by the board or its authorized representative at the request of the cemetery authority.
Unless the cemetery authority appears at the hearing by a duly authorized representative it shall be deemed to have consented to the issuance of a cease and desist order. In the event of this consent or if upon the record made at the hearing the board finds that any violation or practice specified in the notice of charges has been established, the board may issue and serve upon the cemetery authority an order to cease and desist from the violation or practice. The order may require the cemetery authority and its directors, officers, employees, and agents to cease and desist from the violation or practice and may require the cemetery authority to take affirmative action to correct the conditions resulting from the violation or practice.
(3) A cease and desist order shall become effective at the expiration of ten days after service of the order upon the cemetery authority except that a cease and desist order issued upon consent shall become effective as provided in the order unless it is stayed, modified, terminated, or set aside by action of the board or a reviewing court.
(4) The powers of the board under this section are in addition to the power of the board to take disciplinary action against a cemetery authority's prearrangement sales license.
[ 2002 c 86 § 322; 1979 c 21 § 32. Formerly RCW 68.46.220.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.330 - Violation—Penalty—Unfair practice—Other laws applicable.

RCW 68.05.330
Violation—Penalty—Unfair practice—Other laws applicable.
Unless specified otherwise in this title, any person who violates or aids or abets any person in the violation of any of the provisions of this title shall be guilty of a class C felony punishable under chapter 9A.20 RCW. A violation shall constitute an unfair practice under chapter 19.86 RCW and shall be grounds for disciplinary action against the certificate of authority or any other license issued by the board under this chapter and chapter 18.235 RCW. Retail installment transactions under this chapter shall be governed by chapter 63.14 RCW. The provisions of this chapter shall not affect any other remedy available at law.
[ 2005 c 365 § 69; 2002 c 86 § 323; 1987 c 331 § 27; 1984 c 53 § 6; 1979 c 21 § 39. Formerly RCW 68.46.210.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.340 - Board action against authorities—Cease and desist orders.

RCW 68.05.340
Board action against authorities—Cease and desist orders.
Whenever the board or its authorized representative determines that a cemetery authority is in violation of this title or that the continuation of acts or practices of the cemetery authority is likely to cause insolvency or substantial loss of assets or earnings of the cemetery authority's endowment care or prearrangement trust fund, the board, or its authorized representative, may issue a temporary order requiring the cemetery authority to cease and desist from the violation or practice. The order shall become effective upon service on the cemetery authority. The order shall remain effective unless set aside, limited, or suspended by a court in proceedings under RCW 68.05.350, until the board dismisses the charges specified in the notice, or until the effective date of a cease and desist order issued against the cemetery authority under RCW 68.05.320. Actions for unlicensed activity must be conducted under RCW 18.235.150.
[ 2005 c 365 § 70; 2002 c 86 § 324; 1987 c 331 § 28; 1979 c 21 § 33. Formerly RCW 68.46.230.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.350 - Delaying board action pending administrative proceedings.

RCW 68.05.350
Delaying board action pending administrative proceedings.
Within ten days after a cemetery authority has been served with a temporary cease and desist order issued under RCW 68.05.320, the cemetery authority may apply to the superior court in the county of its principal place of business for an injunction setting aside, limiting, or suspending the order pending completion of the administrative proceedings under RCW 68.05.320.
[ 2002 c 86 § 325; 1987 c 331 § 29; 1979 c 21 § 34. Formerly RCW 68.46.240.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.360 - Board action against authorities—Hearing location—Decision—Review.

RCW 68.05.360
Board action against authorities—Hearing location—Decision—Review.
Any administrative hearing under RCW 68.05.320 may be held at such place as is designated by the board and shall be conducted in accordance with chapter 34.05 RCW.
Within sixty days after the hearing the board shall render a decision which shall include findings of fact upon which the decision is based and shall issue and serve upon each party to the proceeding an order or orders consistent with RCW 68.05.320.
Review of the decision shall be as provided in chapter 34.05 RCW.
[ 1987 c 331 § 30; 1979 c 21 § 35. Formerly RCW 68.46.250.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.370 - Board action against authorities—Enforcement of orders.

RCW 68.05.370
Board action against authorities—Enforcement of orders.
The board may apply to the superior court of the county of the principal place of business of the cemetery authority affected for enforcement of any effective and outstanding order issued under RCW 68.05.320 or 68.05.340, and the court shall have jurisdiction to order compliance with the order.
[ 1987 c 331 § 31; 1979 c 21 § 36. Formerly RCW 68.46.260.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.400 - Exemptions from chapter.

RCW 68.05.400
Exemptions from chapter.
The provisions of this chapter do not apply to any of the following:
(1) Nonprofit cemeteries which are owned or operated by any recognized religious denomination which qualifies for an exemption from real estate taxation under RCW 84.36.020 on any of its churches or the ground upon which any of its churches are or will be built; or
(2) Any cemetery controlled and operated by a coroner, county, city, town, or cemetery district.
[ 1979 c 21 § 13; 1961 c 133 § 1; 1953 c 290 § 30. Formerly RCW 68.05.280.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.430 - Uniform regulation of business and professions act.

RCW 68.05.430
Uniform regulation of business and professions act.
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 § 326.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.05 - Funeral and Cemetery Board. › 68.05.900 - Effective date—1987 c 331.

RCW 68.05.900
Effective date—1987 c 331.
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987.
[ 1987 c 331 § 91.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.010 - Incorporation required.

RCW 68.20.010
Incorporation required.
It is unlawful for any corporation, copartnership, firm, trust, association, or individual to engage in or transact any of the businesses of a cemetery within this state except by means of a corporation duly organized for that purpose.
[ 1943 c 247 § 42; Rem. Supp. 1943 § 3778-42.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.020 - Corporations, how organized.

RCW 68.20.020
Corporations, how organized.
Any private corporation authorized by its articles so to do, may establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery, either for or without profit to its members or stockholders. A nonprofit cemetery corporation may be organized in the manner provided in chapter 24.03A RCW. A profit corporation may be organized in the manner provided in the general corporation laws of the state of Washington.
[ 2021 c 176 § 5236; 1983 c 3 § 167; 1943 c 247 § 43; Rem. Supp. 1943 § 3778-43. Prior: 1899 c 33 § 1; 1856-7 p 28 § 1.]
NOTES:
Effective date—2021 c 176: See note following RCW 24.03A.005.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.030 - Powers of existing corporations enlarged.

RCW 68.20.030
Powers of existing corporations enlarged.
The powers, privileges and duties conferred and imposed upon any corporation, firm, copartnership, association, trust, or individual, existing and doing business under the laws of this state, are hereby enlarged as each particular case may require to conform to the provisions of *this act.
[ 1943 c 247 § 45; Rem. Supp. 1943 § 3778-45.]
NOTES:
*Reviser's note: For "this act," see note following RCW 68.04.020.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.040 - Prior corporations not affected.

RCW 68.20.040
Prior corporations not affected.
The provisions of *this act do not affect the corporate existence or rights or powers of any cemetery organized under any law then existing prior to June 9, 1943, and as to such cemeteries and their rights, powers specified in their charters or articles of incorporation, the laws under which the corporation was organized and existed and under which such rights and powers become fixed or vested are applicable.
[ 1943 c 247 § 44; Rem. Supp. 1943 § 3778-44.]
NOTES:
*Reviser's note: For "this act," see note following RCW 68.04.020.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.050 - General powers of cemetery corporations.

RCW 68.20.050
General powers of cemetery corporations.
Unless otherwise limited by the law under which created[,] cemetery authorities shall in the conduct of their business have the same powers granted by law to corporations in general, including the right to contract such pecuniary obligations within the limitation of general law as may be required, and may secure them by mortgage, deed of trust, or otherwise upon their property.
[ 1943 c 247 § 59; Rem. Supp. 1943 § 3778-59.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.060 - Specific powers—Rule making and enforcement.

RCW 68.20.060
Specific powers—Rule making and enforcement.
A cemetery authority may make, adopt, amend, add to, revise, or modify, and enforce rules and regulations for the use, care, control, management, restriction and protection of all or any part of its cemetery and for the other purposes specified in RCW 68.20.061 through 68.20.067, 68.20.070 and * 68.48.080.
[ 1943 c 247 § 46; Rem. Supp. 1943 § 3778-46. Formerly RCW 68.20.070, part. FORMER PART OF SECTION: 1943 c 247 §§ 47 through 52 now codified as RCW 68.20.061 through 68.20.066.]
NOTES:
*Reviser's note: RCW 68.48.080 was recodified as RCW 68.56.050 pursuant to 1987 c 331 § 89.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.061 - Specific powers—Control of property.

RCW 68.20.061
Specific powers—Control of property.
It may restrict and limit the use of all property within its cemetery, including interment rights.
[ 2005 c 365 § 71; 1943 c 247 § 47; Rem. Supp. 1943 § 3778-47. Formerly RCW 68.20.060, part.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.062 - Specific powers—Regulation as to type of markers, monuments, etc.

RCW 68.20.062
Specific powers—Regulation as to type of markers, monuments, etc.
It may regulate the uniformity, class, and kind of all markers, monuments, and other structures within the cemetery and its subdivisions.
[ 1943 c 247 § 48; Rem. Supp. 1943 § 3778-48. Formerly RCW 68.20.060, part.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.063 - Specific powers—Regulation or prohibition as to the erection of monuments, effigies, etc.

RCW 68.20.063
Specific powers—Regulation or prohibition as to the erection of monuments, effigies, etc.
It may regulate or prohibit the erection of monuments, markers, effigies, and structures within any portion of the cemetery.
[ 1943 c 247 § 49; Rem. Supp. 1943 § 3778-49. Formerly RCW 68.20.060, part.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.064 - Specific powers—Regulation of plants and shrubs.

RCW 68.20.064
Specific powers—Regulation of plants and shrubs.
It may regulate or prevent the introduction or care of plants or shrubs within the cemetery.
[ 1943 c 247 § 50; Rem. Supp. 1943 § 3778-50. Formerly RCW 68.20.060, part.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.065 - Specific powers—Prevention of interment.

RCW 68.20.065
Specific powers—Prevention of interment.
It may prevent interment in any part of the cemetery of human remains not entitled to interment and prevent the use of interment plots for purposes violative of its restrictions or rules and regulations.
[ 1943 c 247 § 51; Rem. Supp. 1943 § 3778-51. Formerly RCW 68.20.060, part.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.066 - Specific powers—Prevention of improper assemblages.

RCW 68.20.066
Specific powers—Prevention of improper assemblages.
It may regulate the conduct of persons and prevent improper assemblages in the cemetery.
[ 1943 c 247 § 52; Rem. Supp. 1943 § 3778-52. Formerly RCW 68.20.060, part.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.067 - Specific powers—Rules and regulations for general purposes.

RCW 68.20.067
Specific powers—Rules and regulations for general purposes.
It may make and enforce rules and regulations for all other purposes deemed necessary by the cemetery authority for the proper conduct of the business of the cemetery, for the transfer of any plot or the right of interment, and the protection and safeguarding of the premises, and the principles, plans, and ideals on which the cemetery is conducted.
[ 1943 c 247 § 53; Rem. Supp. 1943 § 3778-53. Formerly RCW 68.20.070, part.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.070 - Rules and regulations—Posting.

RCW 68.20.070
Rules and regulations—Posting.
The rules and regulations made pursuant to RCW 68.20.060 shall be plainly printed or typewritten and maintained subject to inspection in the office of the cemetery authority or in such place or places within the cemetery as the cemetery authority may prescribe.
[ 1943 c 247 § 54; Rem. Supp. 1943 § 3778-54. FORMER PART OF SECTION: 1943 c 247 §§ 46 and 53 now codified as RCW 68.20.060 and 68.20.067.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.080 - Cities and counties may regulate cemeteries.

RCW 68.20.080
Cities and counties may regulate cemeteries.
Cities and counties are authorized to enact ordinances regulating or prohibiting the establishment of new cemeteries or the extension of existing ones and to give power to local planning commissions to pass upon and make recommendations to local legislative bodies concerning the establishment or extension of cemeteries.
[ 1943 c 247 § 143; Rem. Supp. 1943 § 3778-143.]
NOTES:
Section applies to certain mausoleums, columbariums, etc.: RCW 68.28.010.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.110 - Nonprofit cemetery association—Tax exempt land.

RCW 68.20.110
Nonprofit cemetery association—Tax exempt land.
Nonprofit cemetery associations shall be authorized to purchase or take by gift or devise, and hold land exempt from execution and from any appropriation to public purposes for the sole purpose of a cemetery not exceeding eighty acres, which shall be exempt from taxation if intended to be used exclusively for burial purposes without discrimination as to race, color, national origin or ancestry, and in nowise with a view to profit of the members of such association: PROVIDED, That when the land already held by the association is all practically used then the amount thereof may be increased by adding thereto not exceeding twenty acres at a time.
[ 2005 c 365 § 72; 1961 c 103 § 2; 1899 c 33 § 3; RRS § 3766. Formerly RCW 68.20.110 and 68.24.200.]
NOTES:
Construction—1961 c 103: See note following RCW 49.60.040.
Property taxes, exemptions: RCW 84.36.020.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.120 - Sold lots exempt from taxes, etc.—Nonprofit associations.

RCW 68.20.120
Sold lots exempt from taxes, etc.—Nonprofit associations.
Burial lots, sold by *such association shall be for the sole purpose of interment, and shall be exempt from taxation, execution, attachment or other claims, lien or process whatsoever, if used as intended, exclusively for burial purposes and in nowise with a view to profit.
[ 1899 c 33 § 5; RRS § 3768. Formerly RCW 68.24.210.]
NOTES:
*Reviser's note: For "such association," see note following RCW 68.20.110.
Cemetery property exempt from
execution: RCW 68.24.220.
taxation: RCW 84.36.020.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.20 - Private Cemeteries. › 68.20.140 - Certain cemeteries exempt from chapter.

RCW 68.20.140
Certain cemeteries exempt from chapter.
This chapter does not apply to any cemetery controlled and operated by a coroner, county, city, town, or cemetery district.
[ 1987 c 331 § 33.]
NOTES:
Effective date—1987 c 331: See RCW 68.05.900.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.010 - Right to acquire property.

RCW 68.24.010
Right to acquire property.
Cemetery authorities may take by purchase, donation, or devise, property consisting of lands, mausoleums, cremation, alkaline hydrolysis, or natural organic reduction facilities, and columbariums, or other property within which the placement of human remains may be authorized by law.
[ 2019 c 432 § 17; 2005 c 365 § 73; 1943 c 247 § 61; Rem. Supp. 1943 § 3778-61.]
NOTES:
Effective date—2019 c 432: See note following RCW 68.05.175.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.020 - Surveys and maps.

RCW 68.24.020
Surveys and maps.
Every cemetery authority, from time to time as its property may be required for cemetery purposes, shall:
(1) In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks, or other subdivisions; make a good and substantial map or plat showing the sections, plots, avenues, walks or other subdivisions, with descriptive names or numbers.
(2) In case of a mausoleum, or columbarium, it shall make a good and substantial map or plat on which shall be delineated the sections, halls, rooms, corridors, elevation, and other divisions, with descriptive names or numbers.
[ 1943 c 247 § 62; Rem. Supp. 1943 § 3778-62.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.030 - Declaration of dedication and maps—Filing.

RCW 68.24.030
Declaration of dedication and maps—Filing.
The cemetery authority shall file the map or plat in the office of the recorder of the county in which all or a portion of the property is situated. The cemetery authority shall also file for record in the county recorder's office a written declaration of dedication of the property delineated on the plat or map, dedicating the property exclusively to cemetery purposes.
[ 1943 c 247 § 63; Rem. Supp. 1943 § 3778-63.]
NOTES:
County auditor: Chapter 36.22 RCW.
County auditor fees, generally: RCW 36.18.010.