Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) As used herein
				all citations to "the Act" refer to the Georgia Cemetery and Funeral Services
				Act of 2000, as set forth in Chapter 14 of Title 10 of the Official Code of
				Georgia Annotated.
(2) As used in
				the Act and herein,"care and maintenance", in addition to those activities
				described in O.C.G.A. Sec.
				 10-14-3(6), which are incorporated herein, shall be defined as maintaining the cemetery in
				a reasonable condition, which shall include leveling of the grounds where
				interments have been made, sodding or planting of grass over interments when
				graves are closed, reasonable care of grass and other ground cover, subject to
				climatic and soil conditions, removal of all debris, regular mowing and edging,
				repair of potholes in pavement, resulting in a well kept appearance at all
				times. It shall be further defined as maintaining buildings, structures and
				other improvements located on cemetery property in accordance with all
				applicable laws and codes. It shall be further defined as maintaining the
				cemetery property free of inoperative vehicles and machinery, unless stored in
				a closed structure. It shall further be defined as appropriately marking each
				entrance to the cemetery property from any public road, with at least one such
				entrance having a sign indicating the name of the cemetery, and the location of
				the office for such cemetery if not located on that property.
(3) As used in the Act and herein, all
				references to "developed cemetery property" shall be defined as that portion of
				the dedicated cemetery property that has been platted and pinned for the
				intended use of the permanent internment of human remains or that portion of
				the dedicated cemetery property that has been platted and pinned and is
				currently being used for the permanent internment of human remains.
(4) As used in the Act and herein, all
				references to "the Division Director" or "The Director" shall refer to the
				Director of the Securities and Business Regulation Division of the Office of
				the Secretary of State, or such other person as the Secretary of State may by
				order designate.
(5) As used in the
				Act and herein,"encumbrance" shall be defined as a claim, lien, charge, or
				liability attached to and binding real property;
e.g.,
a
				mortgage; judgment lien; lease; security interest; easement or right of way;
				accrued and unpaid taxes.
(6) As
				used in the Act and herein,"immediately" shall mean by close of business on the
				day following a filing, which includes but is not limited to, an amendment, a
				modification, an action or a request.
(7) As used in the Act and herein,
				"insolvent" shall be defined as either having liabilities that exceed assets or
				obligations that cannot be met as they mature.
(8) As used in the Act and herein,"promptly"
				shall be defined as seven (7) to ten (10) days following a filing, which
				includes but is not limited to, an amendment, a modification, an action or a
				request.
(9) As used herein, all
				references to "the Secretary of State" or "Secretary of State" refer to the
				Secretary of State of the State of Georgia.
O.C.G.A. Secs.
				  10-14-14,  44-3-139.