Arkansas Administrative Code › Agency 003 - DEPARTMENT OF COMMERCE › Division 22 - Insurance Department › Rule 003.22.23-001 - Proposed Amended Rule 5- Rule Pertaining to Perpetually Maintained Cemeteries

Current through Register Vol. 49, No. 6, June, 2024
Rule 5
Arkansas State Board of Embalmers, Funeral Directors,
				Cemeteries, and Burial Services Rule Pertaining to Perpetually Maintained
				Cemeteries
Section 1.
Authority
This rule is promulgated pursuant to Ark. Code Ann.
				§§
									23-61-1103(a)(5)(C),
				23-61-1109(a)(4),
				and 20-17-1304(2).
Section 2.
Purpose
The purpose of this rule is to provide requirements that are
				applicable to perpetual care cemeteries and the cemetery companies who own and
				operate perpetual care cemeteries.
Section 3.
Definitions
A. "Board" means the State Board of
			 Embalmers, Funeral Directors, Cemeteries, and Burial Services.
B. "care and maintenance" means the continual
			 maintenance of the cemetery grounds and graves in keeping with a properly
			 maintained cemetery.
C. "cemetery"
			 means any land or structure in this state dedicated to, and used or intended to
			 be used for, interment of human remains. It may be either a burial park for
			 earth interments, a mausoleum for vault or crypt interments, or a combination
			 of one (1) or more burial parks for earth interments and mausoleums for vault
			 or crypt interments.
D. "cemetery
			 company" means an individual, partnership, corporation, limited liability
			 company, or association, now or hereafter organized, owning or controlling
			 cemetery lands or property, and conducting the business of a cemetery or making
			 an application to the Board to own or control the lands, or conduct the
			 business.
E. "cemetery deed" or
			 "instrument of conveyance" means a deed or certificate that conveys the right
			 of interment or entombment in the lot or grave space. The right of interment or
			 entombment is subject to the rules of the perpetual care cemetery.
F. "columbarium" means a structure or room or
			 space in a building or structure used or intended to be used for the interment
			 of cremated human remains.
G.
			 "crypt" means a chamber in a wall that is built of sufficient size to inter
			 casketed human remains.
H. "infant
			 interment garden" means a designated area in a perpetual care cemetery for the
			 interments of infants and children no more than twenty-four (24) months of
			 age.
I. "interment" means the
			 lawful disposition of the remains of a deceased person as provided by
			 law.
J. "lawn crypt" means an
			 interment space sometimes referred to as a "belowground crypt", "Westminster",
			 or "turf top crypt" in a preplaced chamber or burial vault either side-by-side
			 or at multiple depths, covered by earth and sod.
K. "lot or grave space" means a space of
			 ground in a cemetery used or intended to be used for interment
			 therein.
L. "mausoleum" means a
			 community-type structure or room or space in a building or structure used or
			 intended to be used for the interment of human remains in crypts or
			 niches.
M. "Niche" means a space in
			 a columbarium that is used or intended to be used for the interment of the
			 cremated remains of one (1) or more deceased persons.
N. "permit holder" means a cemetery company
			 that holds a permit issued by the Board to own or operate a perpetual care
			 cemetery.
O. "perpetual care
			 cemetery" means a cemetery for the benefit of which a permanent maintenance
			 fund has been established.
P.
			 "properly maintained" means that care and maintenance services are provided,
			 including without limitation: mowing the grass; weed trimming around lots or
			 grave spaces and fences or property lines of the cemetery; emptying trash
			 receptacles; and removing excess dirt, tree limbs, leaves, trash, and other
			 debris from the grounds.