reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC47-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC47-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part II - Application and Entry Requirements › Section 18VAC47-20-20 - Necessity for license and registration

Current through Register Vol. 40, No. 24, July 15, 2024
No person shall engage in the business of a cemetery
					 company in the Commonwealth without first being issued a license by the board,
					 unless exempt by Chapter 23.1 (§ 54.1-2310 et seq.) of Title 54.1 of the
					 Code of Virginia. All sales personnel must be registered with the
					 board.
Statutory Authority
§§ 54.1-201 and 54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part II - Application and Entry Requirements › Section 18VAC47-20-30 - Qualifications for cemetery company license

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every person applying for a cemetery
				  company license shall meet all of the requirements outlined in §§
										54.1-2311
				  and
				  54.1-2314
				  of the Code of Virginia as well as the additional qualifications of this
				  section.
B. Each person applying
				  for a cemetery company license and the principals of that firm shall disclose,
				  at the time the application is submitted, any current or previous cemeteries
				  managed in Virginia or in any other jurisdictions and any disciplinary actions
				  taken against those cemeteries or the individuals managing them. This includes
				  any monetary penalties, fines or disciplinary actions taken by any federal,
				  state or local regulatory agencies.
C. In accordance with §
										54.1-2314
				  of the Code of Virginia, each applicant shall disclose the following
				  information about the cemetery company and any of the principals of the
				  company:
1. A conviction in any jurisdiction
				  of any felony or any crime of moral turpitude, there being no appeal pending
				  therefrom or the time for appeal having elapsed.
2. All misdemeanor convictions involving
				  moral turpitude within five years of the date the application is submitted.
Any plea of nolo contendere shall be considered a
					 conviction for purposes of this subsection. The record of a conviction received
					 from a court shall be accepted as prima facie evidence of a conviction or
					 finding of guilt. The board, in its discretion, may deny approval of a cemetery
					 application in accordance with §
												54.1-204
					 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part II - Application and Entry Requirements › Section 18VAC47-20-35 - Qualifications for compliance agents and designees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every applicant for compliance agent or
				  designee shall have the following qualifications:
1. Be at least 18 years old;
2. Have two years experience in the cemetery
				  business and have successfully completed a board approved training course;
				  and
3. Be a full time employee of
				  the cemetery company or is a principal.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part II - Application and Entry Requirements › Section 18VAC47-20-40 - Qualifications for registration of sales personnel

Current through Register Vol. 40, No. 24, July 15, 2024
A. Cemetery company sales personnel shall
				  submit an application on a form prescribed by the board and shall meet the
				  requirements set forth in §
										54.1-2314
				  of the Code of Virginia, as well as the additional qualifications of this
				  section.
B. Every applicant to the
				  board for registration as sales personnel shall provide his name, address, the
				  license number of the cemetery company he will be employed by or affiliated
				  with, and the address of each cemetery for which he will act as sales
				  personnel.
C. Each applicant for
				  registration as sales personnel shall disclose, at the time the application is
				  submitted, any current or previous cemetery sales licenses or registrations
				  from Virginia or in any other jurisdictions, and any disciplinary actions taken
				  against those licenses or registrations. This includes any monetary penalties,
				  fines, or disciplinary actions taken by any federal, state, or local regulatory
				  agencies.
D. Each applicant for
				  registration as sales personnel shall disclose, at the time the application is
				  submitted, the following information:
1. A
				  conviction in any jurisdiction of any felony or any crime of moral turpitude,
				  there being no appeal pending therefrom or the time for appeal having
				  elapsed.
2. All misdemeanor
				  convictions involving moral turpitude within five years of the date the
				  application is submitted.
Any plea of nolo contendere shall be considered a
					 conviction for purposes of this subsection. The record of a conviction received
					 from a court shall be accepted as prima facie evidence of a conviction or
					 finding of guilt. The board, in its discretion, may refuse registration of a
					 sales personnel application in accordance with §
												54.1-2314
					 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part II - Application and Entry Requirements › Section 18VAC47-20-50 - Concurrent registration permitted; transfer of sales personnel registration prohibited

Current through Register Vol. 40, No. 24, July 15, 2024
A. Sales
				  personnel may be employed by or affiliated with more than one cemetery company
				  provided that a separate registration is obtained for each such employment or
				  affiliation.
B. A sales personnel
				  registration may not be transferred from one licensed cemetery company to
				  another. The registration is void if the registrant is no longer affiliated
				  with the cemetery company indicated on the original application for
				  registration.
Statutory Authority
§§ 54.1-201 and 54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part II - Application and Entry Requirements › Section 18VAC47-20-60 - Qualifications of trustees

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  trustee of a perpetual care trust fund or a preneed trust fund, other than a
				  Virginia trust company or trust subsidiary or a federally insured bank or
				  savings institution doing business in the Commonwealth, must meet the
				  requirements of this section and shall be governed by §
										54.1-2318
				  of the Code of Virginia.
B. The
				  trustee applicant shall be at least 18 years old and have a minimum of five
				  years of experience either as an individual trustee or as an agent for a firm
				  responsible for the management of a trust.
C. Each trustee or trust firm, or both, shall
				  provide information for the 10 years prior to the submission of the application
				  on any outstanding judgments, outstanding tax obligations, or defaults on any
				  bonds directly related to the management of the trust. If the trustee firm or
				  its parent or predecessor organization has, during the previous 10 years, been
				  adjudicated a bankrupt or has any proceeding for the relief of debtors, such
				  fact or facts shall be stated.
D.
				  Each trust firm and principals of the firm shall disclose, at the time the
				  application is submitted, any current or previous trusts managed in Virginia or
				  in other jurisdictions, and any disciplinary actions taken against these
				  trusts, the trust company, or the individuals managing the trusts. This
				  includes any monetary penalties, fines, or disciplinary actions taken by any
				  federal, state, or local regulatory agencies.
E. The trustee must meet the bonding
				  requirements set forth in §§
										54.1-2317
				  and
				  54.1-2326
				  of the Code of Virginia as applicable.
F. In accordance with §§
										54.1-2317
				  and
				  54.1-2326
				  of the Code of Virginia, each trustee shall disclose the following information
				  about the trust firm or principals of the firm:
1. A conviction in any jurisdiction of any
				  felony;
2. All misdemeanor
				  convictions involving moral turpitude within five years of the date the
				  application is submitted.
Any plea of nolo contendere shall be considered a
					 conviction for the purposes of this chapter. The record of a conviction
					 received from a court shall be accepted as prima facie evidence of a conviction
					 or finding of guilt. The board, in its discretion, may deny approval of a
					 trustee application in accordance with §
												54.1-2317
					 or §
												54.1-2326
					 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part II - Application and Entry Requirements › Section 18VAC47-20-70 - Application fees

Current through Register Vol. 40, No. 24, July 15, 2024
Application fees are nonrefundable.
Cemetery company license
$580 per cemetery
Addition of cemetery
$580 per cemetery
Sales personnel registration
$60 per cemetery
Statutory Authority: §§ 54.1-201 and 54.1-2311
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part II - Application and Entry Requirements › Section 18VAC47-20-70 - Application fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Application
				  fees are nonrefundable.
Cemetery company license
$580 per cemetery
Addition of cemetery
$580 per cemetery
Sales personnel registration
$60 per cemetery
B.
				  For sales personnel registration applications received between August 1, 2024,
				  and July 31, 2026, the application fee is as follows:
Sales personnel registration
$40 per cemetery
Statutory Authority: §§
												54.1-201 and
						54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part III - Renewal and Reinstatement of License › Section 18VAC47-20-80 - Renewal required

Current through Register Vol. 40, No. 24, July 15, 2024
Licenses and registrations issued under this chapter shall
					 expire two years from the last day of the month in which they were issued, as
					 indicated on the license or registration.
Statutory Authority
§§ 54.1-201 and 54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part III - Renewal and Reinstatement of License › Section 18VAC47-20-90 - Qualifications for renewal

Current through Register Vol. 40, No. 24, July 15, 2024
All applicants for renewal of a license or registration
					 must meet the renewal requirements set forth in § 54.1-2311 of the Code of
					 Virginia, and pay the renewal fee specified in
					 18VAC47-20-140.
Statutory Authority
§§ 54.1-201 and 54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part III - Renewal and Reinstatement of License › Section 18VAC47-20-100 - Procedures for renewal

Current through Register Vol. 40, No. 24, July 15, 2024
Renewal of licenses and registrations shall be on forms
					 prescribed by the board. The Department of Professional and Occupational
					 Regulation will mail a renewal application to the licensee or registrant. The
					 renewal application will be sent to the last known address of record.
Failure to receive this application shall not relieve the
					 licensee or regulant of the obligation to renew. The renewal application shall
					 be completed in full prior to renewal of the license or
					 registration.
Statutory Authority
§§ 54.1-201 and 54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part III - Renewal and Reinstatement of License › Section 18VAC47-20-110 - Reinstatement required

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the
				  requirements for renewal of a license or registration, including receipt of the
				  fee by the board, are not complete within 30 days of the license or
				  registration expiration date, the licensee or registrant shall be required to
				  reinstate the license or registration by meeting all renewal requirements and
				  paying the reinstatement fee specified in
				  18VAC47-20-140.
B. A license or registration may be
				  reinstated for up to one year following the expiration date with payment of the
				  renewal and reinstatement fee. After one year, the license or registration may
				  not be reinstated under any circumstances and the applicant must meet all
				  current requirements and apply as a new applicant.
C. Any activity requiring a license or
				  registration conducted subsequent to the expiration may constitute unlicensed
				  or unregistered activity and be subject to prosecution under Chapter 1 (§
				  54.1-100 et seq.) of Title 54.1 of the Code of Virginia.
Statutory Authority
§§ 54.1-201 and 54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part III - Renewal and Reinstatement of License › Section 18VAC47-20-120 - Status of licensee or registrant during the period prior to reinstatement

Current through Register Vol. 40, No. 24, July 15, 2024
A. When
				  a license or registration is reinstated, the license or registration shall
				  continue to have the same number and shall be assigned an expiration date two
				  years from the previous expiration date of the license or
				  registration.
B. A licensee or
				  registrant who reinstates his license or registration shall be regarded as
				  having been continuously licensed or registered without interruption.
				  Therefore, the licensee or registrant shall remain under the disciplinary
				  authority of the board during this entire period and may be held accountable
				  for his activities during this period.
C. A licensee or registrant who fails to
				  reinstate his license or registration shall be regarded as unlicensed from the
				  expiration date of the license or registration forward.
Statutory Authority
§§ 54.1-201 and 54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part III - Renewal and Reinstatement of License › Section 18VAC47-20-130 - Board discretion to deny renewal or reinstatement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board may deny renewal or
				  reinstatement of a license or registration for the same reasons as it may
				  refuse initial licensure or registration or discipline a licensee or
				  registrant.
B. The board may deny
				  renewal or reinstatement of a license or registration if the applicant has not
				  fully paid monetary penalties, satisfied sanctions and paid costs imposed by
				  the board, plus any accrued interest.
Statutory Authority
§§ 54.1-201 and 54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part III - Renewal and Reinstatement of License › Section 18VAC47-20-140 - Renewal and reinstatement fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. All fees
				  required by the board are nonrefundable. The date on which the fee is received
				  by the department or its agent shall determine whether the licensee or
				  registrant is eligible for renewal or reinstatement or must reapply as a new
				  applicant.
Renewal of cemetery company license
$580 per cemetery
Renewal of sales personnel registration
$60 per cemetery
Reinstatement of cemetery company license
$580 per cemetery
Reinstatement of sales personnel
								registration
$60 per cemetery
B.
				  For licenses and registrations expiring on May 31, 2022, and before May 1,
				  2024, the renewal fees are as follows:
Renewal of cemetery company license
$400 per cemetery
Renewal of sales personnel registration
$50 per cemetery
Statutory Authority: §§ 54.1-201 and 54.1-2313
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part III - Renewal and Reinstatement of License › Section 18VAC47-20-140 - Renewal and reinstatement fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. All fees
				  required by the board are nonrefundable. The date on which the fee is received
				  by the department or its agent shall determine whether the licensee or
				  registrant is eligible for renewal or reinstatement or must reapply as a new
				  applicant.
Renewal of cemetery company license
$580 per cemetery
Renewal of sales personnel registration
$60 per cemetery
Reinstatement of cemetery company license
$580 per cemetery
Reinstatement of sales personnel
								registration
$60 per cemetery
B.
				  For renewal and reinstatement fees received between August 1, 2024, and July
				  31, 2026, the fees are as follows:
Renewal of cemetery company license
$285 per cemetery
Renewal of sales personnel registration
$30 per cemetery
Reinstatement of cemetery company license
$370 per cemetery
Reinstatement of sales personnel
								registration
$45 per cemetery
Statutory Authority: §§
												54.1-201 and
						54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part IV - Standards of Practice and Conduct › Section 18VAC47-20-150 - Grounds for disciplinary action

Current through Register Vol. 40, No. 24, July 15, 2024
The board may suspend a license or registration for a
					 stated period or indefinitely, revoke any license or registration, censure or
					 reprimand any person licensed or registered by the board or place such person
					 on probation for such time as it may designate when any licensee or registrant
					 has been found to have violated or cooperated with others in violating any
					 provision of Chapter 23.1 (§ 54.1-2310 et seq.) of Title 54.1 of the Code
					 of Virginia or any regulation of the board.
Statutory Authority
§§ 54.1-201 and 54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part IV - Standards of Practice and Conduct › Section 18VAC47-20-160 - Maintenance of license and registration

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any change in the name and address of each
				  cemetery in Virginia in which the cemetery company has a business interest, the
				  name and address of all officers and directors of the cemetery company, the
				  registered agent for the cemetery company, or the compliance agent must be
				  reported to the board in writing within 30 days after the change as required by
				  § 54.1-2311 of the Code of Virginia. A new license shall be required if
				  there is a change in ownership of the cemetery company or whenever the legal
				  business entity holding a cemetery company license is dissolved or altered to
				  form a new business entity.
B. A
				  cemetery company wishing to add a cemetery to its license shall complete a form
				  provided by the board and submit the fee as prescribed in
				  18VAC47-20-70. Both the cemetery
				  company and the cemetery being added to the registration must meet the
				  requirements found in Chapter 23.1 of Title 54.1 of the Code of Virginia and
				  18VAC47-20-30. Sales personnel of
				  the new cemetery will be required to register in accordance with
				  18VAC47-20-40.
C. Any change in the name and home address of
				  any registrant must be reported to the board in writing within 30 days after
				  the change.
D. The board shall not
				  be responsible for the licensee's or registrant's failure to receive notices,
				  communications and correspondence caused by the licensee's or registrant's
				  failure to promptly notify the board of any change of address.
E. Sales personnel shall be issued a
				  registration to the compliance agent at the place of business of the licensed
				  cemetery company with which the registrant is affiliated or at which the
				  registrant is employed. When any registrant is discharged or in any way
				  terminates his employment or affiliation with a licensed cemetery company, or
				  when the cemetery company's license is suspended or revoked, it shall be the
				  duty of the compliance agent to return the registration to the board within 10
				  calendar days of the date of such discharge or termination.
Statutory Authority
§§ 54.1-201 and 54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part IV - Standards of Practice and Conduct › Section 18VAC47-20-170 - Display and verification of license or registration

Current through Register Vol. 40, No. 24, July 15, 2024
Licenses and registrations must be visibly displayed at
					 the place of business of the licensed cemetery company. All licensees and
					 registrants must provide verification of licensure or registration upon request
					 of the public.
Statutory Authority
§§ 54.1-201 and 54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part IV - Standards of Practice and Conduct › Section 18VAC47-20-180 - Records of interments

Current through Register Vol. 40, No. 24, July 15, 2024
A permanent record shall be kept of every interment in the
					 cemetery, showing the date of the interment, the name of the person interred,
					 together with information identifying the specific location in which the
					 interment was made. For interments made pursuant to § 54.1-2312.01 of the
					 Code of Virginia, the permanent records shall also include the type and name of
					 the pet interred and the name of the owner with information identifying the
					 specific location in which the pet interment was made.
Statutory Authority: §§ 54.1-201 and 54.1-2313
						of the Code of Virginia (18VAC47-20-270
						).
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part IV - Standards of Practice and Conduct › Section 18VAC47-20-200 - Perpetual care trust fund and bonding requirement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each licensed cemetery company shall
				  establish a perpetual care trust fund in accordance with § 54.1-2316 of
				  the Code of Virginia.
B. If the
				  trustee for the perpetual care trust fund is other than a Virginia trust
				  company or trust subsidiary or a federally insured bank or savings institution
				  doing business in the Commonwealth, the trustee shall be approved by the board
				  and shall deposit a fidelity bond in accordance with § 54.1-2317 of the
				  Code of Virginia.
C. Deposits into
				  the fund shall be made in accordance with §§ 54.1-2319 through
				  54.1-2321 of the Code of Virginia.
D. The income from the perpetual care trust
				  fund shall be used in accordance with § 54.1-2322 of the Code of
				  Virginia.
E. Each licensed cemetery
				  company shall submit written financial reports regarding perpetual care trust
				  funds to the board as prescribed by §§ 54.1-2323 and 54.1-2324 of the
				  Code of Virginia.
F. Transfer of
				  funds to another trustee shall be done in accordance with § 54.1-2337 of
				  the Code of Virginia.
Statutory Authority
§§ 54.1-201 and 54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part IV - Standards of Practice and Conduct › Section 18VAC47-20-210 - Preneed trust fund and bonding requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each licensed cemetery company shall
				  establish a preneed trust fund and make deposits in accordance with §
				  54.1-2315 of the Code of Virginia.
B. If the trustee for the preneed trust fund
				  is other than a Virginia trust company or trust subsidiary or a federally
				  insured bank or savings institution doing business in the Commonwealth, the
				  trustee shall be approved by the board and shall deposit a fidelity bond with
				  the board in accordance with § 54.1-2326 of the Code of
				  Virginia.
C. Deposits into the fund
				  shall be made in accordance with § 54.1-2325 of the Code of
				  Virginia.
D. All funds shall be
				  handled in accordance with §§ 54.1-2329 through 54.1-2331 of the Code
				  of Virginia.
E. Each licensed
				  cemetery company shall submit a written financial report regarding preneed
				  trust accounts to the board as prescribed by § 54.1-2333 of the Code of
				  Virginia.
F. Transfer of funds to
				  another trustee shall be done in accordance with § 54.1-2337 of the Code
				  of Virginia.
Statutory Authority
§§ 54.1-201 and 54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part IV - Standards of Practice and Conduct › Section 18VAC47-20-220 - Itemized statement and general price list of burial fees to be furnished

Current through Register Vol. 40, No. 24, July 15, 2024
Cemetery companies shall furnish a written general price
					 list and a written itemized statement of goods and services they provide. This
					 itemized statement shall include, but is not limited to, burial vaults and
					 other burial receptacles, other merchandise, facilities used, and other
					 professional services. Prices for merchandise may be stated as a range of
					 values. Prices for services must be specific for each type of service,
					 including any difference in prices based on the day or time the service is
					 provided. This list shall be set forth in a clear and conspicuous
					 manner.
The list shall be available to individuals inquiring in
					 person about burial arrangements or the prices of property or services. In
					 addition, upon beginning a discussion of burial arrangements or the selection
					 of any property or services, the general price list shall be offered by the
					 cemetery property.
Prior to execution of any contract, cemetery companies
					 shall provide the general price list and itemized statement of goods and
					 services to the individual or individuals entering the contract. The contract
					 shall include an acknowledgment signed by the individual or individuals and the
					 cemetery sales personnel stating the cemetery company provided the general
					 price list and itemized statement of goods and services to the individual or
					 individuals prior to the execution of the contract.
Statutory Authority: §§ 54.1-201 and 54.1-2313
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part IV - Standards of Practice and Conduct › Section 18VAC47-20-230 - Preneed burial contracts

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				  preneed burial contracts must be made on forms prescribed by the board in
				  accordance with § 54.1-2328 of the Code of Virginia and must contain the
				  following disclosures:
1. Identifies the
				  seller, seller's license number, contract buyer and person for whom the
				  contract is purchased if other than the contract buyer;
2. Contains a complete description of the
				  property or services purchased;
3.
				  Clearly discloses whether the price of the property and services purchased are
				  guaranteed;
4. States, for funds
				  required to be trusted pursuant to § 54.1-2325 of the Code of Virginia,
				  the amount to be trusted and the name of the trustee;
5. Contains the name, address and telephone
				  number of the board and lists the board as the regulatory agency which handles
				  consumer complaints;
6. Provides
				  that any purchaser who makes payment under the contract may terminate the
				  agreement within three days of execution and that such purchaser shall be
				  refunded all consideration paid or delivered, less amounts paid for any
				  property or supplies that have been delivered;
7. Provides that if the particular property
				  or services specified in the contract are unavailable at the time of delivery,
				  the seller shall be required to furnish property or services similar in size
				  and style and at least equal in quality of material and workmanship and that
				  the representative of the deceased shall have the right to choose the property
				  or services to be substituted, which shall be at least equal or reasonably
				  equivalent in quality of material, workmanship, and cost;
8. Discloses any additional costs that the
				  purchaser may be required to pay at-need, including the disclosure of the cost
				  of opening and closing the grave;
9. Complies with all disclosure requirements
				  imposed by the board;
10. Is
				  executed in duplicate and a signed copy given to the buyer;
11. Provides that the contract buyer shall
				  have the right to change the contract provider at any time prior to the
				  furnishing of the property or services, excluding any mausoleum crypt or garden
				  crypt, contracted for under the preneed burial contract. If the contract seller
				  will not be furnishing the property and services to the purchaser, the contract
				  seller shall attach to the preneed burial contract a copy of the seller's
				  agreement with the provider.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part IV - Standards of Practice and Conduct › Section 18VAC47-20-250 - Compliance agent or designee conduct

Current through Register Vol. 40, No. 24, July 15, 2024
Each cemetery company and cemetery affiliated with a
					 cemetery company shall be supervised by a compliance agent or designee. The
					 compliance agent or designee shall exercise reasonable and adequate supervision
					 of the provision of services by employees of the cemetery company. Factors to
					 be considered in determining whether the supervision is reasonable and adequate
					 include, but are not limited to, the following:
1. The availability of the compliance agent
				  or designee to all cemetery company employees and to the public to answer
				  questions within a reasonable time pertaining to the operation of the cemetery
				  company.
2. The availability of
				  training and written procedures and policies that provide, without limitation,
				  clear guidance in the following areas:
a.
				  Required deposits for the perpetual care trust fund;
b. Required deposits for the preneed trust
				  fund;
c. Proper handling of preneed
				  burial contracts;
d. Proper
				  handling of deposits to the perpetual care trust fund;
e. Proper handling of deposits to the preneed
				  trust fund;
f. Interment
				  records;
g. Itemized statement of
				  goods and services provided;
h.
				  General price list;
i.
				  Advertising;
j.
				  Solicitation;
k. Proper care,
				  maintenance, administration and embellishment of the cemetery;
l. Such other matters as necessary to assure
				  the competence of licensees and registrants to comply with this chapter and
				  Chapter 23.1 (§ 54.1-2310 et seq.) of Title 54.1 of the Code of
				  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part IV - Standards of Practice and Conduct › Section 18VAC47-20-260 - Protection of perpetual care and preneed trust funds

Current through Register Vol. 40, No. 24, July 15, 2024
In the event that preneed or perpetual care funds are held
					 in trust and the board or any of its agents have reason to believe that (i) the
					 licensee or any agent of the licensee has diverted or misused any funds held in
					 trust; (ii) the licensee is not able to adequately protect the interest of the
					 person involved; (iii) the licensee's conduct or the operation of the cemetery
					 company threatens the interests of the public; or (iv) the licensee has had its
					 license suspended, revoked or surrended, the board may initiate legal
					 proceedings in accordance with § 54.1-2313.1 of the Code of
					 Virginia.
Statutory Authority
§§ 54.1-201 and 54.1-2313 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part IV - Standards of Practice and Conduct › Section 18VAC47-20-270 - Standards of approval of training course

Current through Register Vol. 40, No. 24, July 15, 2024
All training courses shall be approved by the board. The
					 training course shall be at least four hours and include appropriate testing
					 procedures to demonstrate an understanding of the topics. The training program
					 shall include, but is not limited, to the following topics:
1. Cemetery Board statute and
				  regulations;
2. Perpetual care
				  trust fund requirements;
3. Preneed
				  trust fund requirements;
4. Preneed
				  burial contracts;
5. Interment
				  records;
6. General price
				  list;
7. Itemized statement of
				  goods and services provided;
8.
				  Advertising;
9.
				  Solicitation;
10. Funeral rule;
				  and
11. Proper care, maintenance,
				  administration, and embellishment of the cemetery.
Statutory Authority: §§ 54.1-201 and 54.1-2313
						of the Code of Virginia (18VAC47-20-270
						).
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part IV - Standards of Practice and Conduct › Section 18VAC47-20-280 - Special interment requirement

Current through Register Vol. 40, No. 24, July 15, 2024
A licensed cemetery company may establish a section in its
					 cemetery devoted to the interment of pets or the interment of human remains and
					 the pets of such deceased humans in accordance with § 54.1-2312.01 of the
					 Code of Virginia. All other provisions of this chapter shall apply.
Statutory Authority: §§ 54.1-201 and 54.1-2313
						of the Code of Virginia (18VAC47-20-270
						).
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Form - FORMS (18VAC47-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Cemetery Company/Personnel Forms
Cemetery
				  Company License Application, 4901LIC-v2 (rev. 1/2014)
Cemetery
				  Company Renewal/Reinstatement Application, 4901RENREI-v2 (rev.
				  1/2014)
Sales
				  Personnel Registration Form, 4903REG-v3 (rev. 1/2014)
Compliance
				  Agent Designee Application, A462-49CAD-v2 (rev. 6/2016)
Compliance
				  Agent/Officer/Director Change Form, A462-49ADO CHG-v2 (rev.
				  6/2016)
Cemetery
				  Addition Form, 4901ADD-v3 (rev. 1/2014)
Perpetual Care Forms
Perpetual
				  Care Fidelity Bond Form, 49PCFBND-v1 (rev. 9/2013)
Perpetual
				  Care Trust Fund Financial Report, 49PCTFR-v1 (rev. 9/2013)
Perpetual
				  Care Trust Fund Financial Report Instructions, 49PCTINS-v1 (rev.
				  9/2013)
Perpetual
				  Care Trust Fund Financial Report - Schedule A (Statement of Receipts and
				  Expenses), 49PCTFRA-v1 (rev. 9/2013)
Perpetual
				  Care Trust Fund Financial Report - Schedule B (Statement of Required Deposits),
				  49PCTFRB-v1 (rev. 9/2013)
Perpetual
				  Care Trust Fund Financial Report - Schedule C (Statement of Expenses Incurred
				  for the General Care, Maintenance, Embellishment, and Administration of
				  Cemeteries), 49PCTFRC-v1 (rev. 9/2013)
Perpetual
				  Care Trust Fund Financial Report - Schedule D (Statement of Investment
				  Securities), 49PCTFRD-v1 (rev. 9/2013)
Perpetual
				  Care Trust Fund Financial Report - Schedule E (Cemeteries Covered by Trust
				  Fund), 49PCTFRE-v1 (rev. 9/2013)
Preneed Forms
Preneed
				  Burial Contract (undated)
Preneed
				  Fidelity Bond Form, 49PFBND-v1 (rev. 9/2013)
Preneed
				  Trust Fund Financial Report, 49PTFR-v1 (rev. 9/2013)
Preneed
				  Trust Fund Financial Report Instructions, 49PTINS-v1 (rev.
				  9/2013)
Preneed
				  Trust Fund Financial Report - Schedule A (Statement of Receipts and Expenses),
				  49PTFRA-v1 (rev. 9/2013)
Preneed
				  Trust Fund Financial Report - Schedule B (Statement of Financial Deposits),
				  49PTFRB-v1 (rev. 9/2013)
Preneed
				  Trust Fund Financial Report - Schedule C (Statement of Investment Securities),
				  49PTFRC-v1 (rev. 9/2013)
Trustee Forms
Perpetual
				  Care Trust Fund Trustee Verification, 49TRVER-v1 (rev. 9/2013)
Trustee
				  Approval Application, 49TRAPP-v1 (rev. 9/2013)
New
				  Trustee/Transfer of Funds Notification Form, 4901NEWTR-v1 (rev.
				  9/2013)
Statutory Authority: §§ 54.1-201 and 54.1-2311 of
					 the Code of Virginia.
Statutory Authority: §§ 54.1-201 and 54.1-2313 of
					 the Code of Virginia (18VAC47-20-270
					 ).
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Form - FORMS (18VAC47-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Cemetery Company and Personnel Forms
Cemetery
				  Company License Application, 4901LIC-v2 (rev. 1/2014)
Cemetery
				  Company Renewal or Reinstatement Application, A462-4901RENREI-v12 (rev.
				  8/2024)
Sales
				  Personnel Registration Form, A462-4903REG-v5 (rev. 8/2024)
Compliance
				  Agent Designee Application, A462-49CAD-v2 (rev. 6/2016)
Compliance
				  Agency, Officer, or Director Change Form, A462-49ADO CHG-v2 (rev.
				  6/2016)
Cemetery
				  Addition Form, 4901ADD-v3 (rev. 1/2014)
Perpetual Care Forms
Perpetual
				  Care Fidelity Bond Form, 49PCFBND-v1 (rev. 9/2013)
Perpetual
				  Care Trust Fund Financial Report, 49PCTFR-v1 (rev. 9/2013)
Perpetual
				  Care Trust Fund Financial Report Instructions, 49PCTINS-v1 (rev.
				  9/2013)
Perpetual
				  Care Trust Fund Financial Report - Schedule A (Statement of Receipts and
				  Expenses), 49PCTFRA-v1 (rev. 9/2013)
Perpetual
				  Care Trust Fund Financial Report - Schedule B (Statement of Required Deposits),
				  49PCTFRB-v1 (rev. 9/2013)
Perpetual
				  Care Trust Fund Financial Report - Schedule C (Statement of Expenses Incurred
				  for the General Care, Maintenance, Embellishment, and Administration of
				  Cemeteries), 49PCTFRC-v1 (rev. 9/2013)
Perpetual
				  Care Trust Fund Financial Report - Schedule D (Statement of Investment
				  Securities), 49PCTFRD-v1 (rev. 9/2013)
Perpetual
				  Care Trust Fund Financial Report - Schedule E (Cemeteries Covered by Trust
				  Fund), 49PCTFRE-v1 (rev. 9/2013)
Preneed Forms
Preneed
				  Burial Contract (undated)
Preneed
				  Fidelity Bond Form, 49PFBND-v1 (rev. 9/2013)
Preneed
				  Trust Fund Financial Report, 49PTFR-v1 (rev. 9/2013)
Preneed
				  Trust Fund Financial Report Instructions, 49PTINS-v1 (rev.
				  9/2013)
Preneed
				  Trust Fund Financial Report - Schedule A (Statement of Receipts and Expenses),
				  49PTFRA-v1 (rev. 9/2013)
Preneed
				  Trust Fund Financial Report - Schedule B (Statement of Financial Deposits),
				  49PTFRB-v1 (rev. 9/2013)
Preneed
				  Trust Fund Financial Report - Schedule C (Statement of Investment Securities),
				  49PTFRC-v1 (rev. 9/2013)
Trustee Forms
Perpetual
				  Care Trust Fund Trustee Verification, 49TRVER-v1 (rev. 9/2013)
Trustee
				  Approval Application, 49TRAPP-v1 (rev. 9/2013)
New
				  Trustee Transfer of Funds Notification Form, 4901NEWTR-v1 (rev.
				  9/2013)
Statutory Authority: §§
											54.1-201 and
					 54.1-2313 of the Code of
					 Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 18VAC48-10-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Common Interest Community Board. This chapter does not apply to regulations,
					 guidelines, or other documents exempted or excluded from the provisions of the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-4007.02 and 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC48-10-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC48-10-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons
				  electing to receive electronic notification or notification through a postal
				  carrier as described in
				  18VAC48-10-30, the agency shall
				  send the following information:
1. A notice
				  of intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC48-10-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.