Chapter XIII

A. These rules are adopted and promulgated by authority of, and in accordance with, the Administrative Procedure Act, R.S. 49:950 et seq., and the Louisiana Revised Statutes, Title 8, less and except the Louisiana Unmarked Human Burial Sites Preservation Act, as those laws may fr…

A. There is incorporated herein by reference all of the definitions set forth and contained in R.S. 49:950 et seq., and in title 8, Louisiana Revised Statutes. The following words and terms, when used in these rules, shall have the following meanings. Administrative Procedure Act…

A. Proceedings initiated by the board, except for the promulgation, amendment or repeal of a rule, shall be commenced by the issuance of an order to show cause directed to the respondent. Such order shall state the acts, conduct, or the failure or omission to act alleged to be co…

A. Any person desiring to initiate adjudication proceedings, except for the promulgation, amendment or repeal of a rule, and who is entitled or required by law to do so shall prepare and file with the board a petition in the form and content as set forth in Sub section 503 . B of…

A. Upon the issuance of an order to show cause by the board, or upon the initiation of adjudication proceedings pursuant to a petition filed by any person in accordance with these rules, the board shall issue a notice in conformity with the provisions of R.S. 49:955 . B. The hear…

A. Service of such notice, and of all pleadings, decisions, orders, and other papers and documents shall be made, and shall be deemed valid if made, by delivering one copy to each party or his attorney of record in person or depositing it in the United States mail, first class, p…

A. A respondent may file his answer or other appearance personally or through an attorney not later than five days before the date fixed for the hearing. B. The filing of an answer or other appearance by an attorney constitutes an appearance by the party for whom the pleading is …

A. No person, except an individual appearing on his own behalf or as a representative or witness on behalf of a party, shall be permitted to participate in any proceeding before the board unless such person is represented by an attorney of this state in good standing. B. Any atto…

A. All pleadings shall be printed or typewritten and shall be prepared on either letter size or legal size paper. B. All pleadings must be signed in ink by the party or attorneys of record, if any. C. All pleadings initiating a proceeding or otherwise seeking affirmative relief a…

A. All pleadings shall cite, by appropriate reference, the statutory provision or other authority under which the board's action is sought, and shall refer to any statutes, rules, regulations, decisions, orders, and/or opinions, germane to the particular matter or proceeding invo…

A. If a petition or other pleading filed by a person other than the board seeks ex parte action or the granting of emergency relief pending full hearing, it shall set forth the necessity or emergency for such requested action and must be supported by affidavits to make a prima fa…

A. The answer shall: 1. conform to the requirements for answers under the Louisiana Code of Civil Procedure ; 2. contain a specific detailed statement of any affirmative defense or matter in extenuation or mitigation; 3. contain a clear and concise statement of the facts and matt…

A. In the event of the failure of a respondent to answer or otherwise appear within the time allowed, and provided that these rules relative to service and notice have been complied with, such respondent failing to answer or otherwise appear shall be deemed to be in default. At t…

A. Persons, other than the original parties to any proceeding, whose interests are to be directly and immediately affected by the proceeding, shall secure an order granting leave to intervene before being allowed to participate, provided that the granting of leave to intervene in…

A. The chair or the chair's appointee may, of their own volition, or upon the motion of any party of record, hold a prehearing conference for the purpose of formulating or simplifying the issues, obtaining admissions of fact and of documents which will avoid unnecessary proof, ar…

A. At the date, time and place fixed for the hearing, the board shall hear all matters presented in connection with the proceeding pending before it. The hearing shall be conducted by the chair or the chair's appointee . The board and all other parties may be represented by couns…

In the conduct of adjudication the board shall conform to and comply with, and shall conduct such adjudication in accordance with, the applicable provisions of the Administrative Procedure Act. Notes La. Admin. Code tit. 46 , § XIII-1129 Promulgated by the Department of Commerce,…

A. Judicial review of a final decision or order in adjudication proceedings shall be in accordance with, and is governed by, the Administrative Procedure Act. B. The party seeking such judicial review shall cause to be prepared, and shall transmit to the reviewing court, the orig…

A. Nothing in these rules shall be construed as prohibiting the board from holding informal proceedings, hearings, or conferences for the purpose of aiding the board in ascertaining and determining facts necessary for the performance of its duties. Any person who is aggrieved by …

A. The board, at its discretion, after notice and hearing as required by the Administrative Procedure Act, and in lieu of a complete suspension or complete revocation of a certificate of authority or a license, may impose fines for violations of Title 8 and the rules of the board…

A. A request for a declaratory order or ruling on the applicability of any statutory provision or of any rule or order of the board, shall be by petition filed with the board at its administrative office. Such petition shall set forth in clear and concise language all facts, circ…

A. The validity or applicability of a rule may be determined in an action for declaratory judgment in the Twenty-Fourth Judicial District Court for the Parish of Jefferson as provided for in the applicable provisions of the Administrative Procedure Act. Notes La. Admin. Code tit.…

A. Nothing in these rules shall be construed as prohibiting the board from rendering an informal or advisory opinion to any person on any matter arising out of the administration or enforcement of the Louisiana Cemetery Act. Notes La. Admin. Code tit. 46 , § XIII-1305 Promulgated…

A. After establishment of the perpetual or endowed care trust fund when and as required by title 8, the amount to be deposited in the trust fund shall be a minimum of 10 percent of the gross sales price received, less sales tax and interest or finance charges, if any, for the sal…

A. The principal of the trust fund shall remain permanently intact and only the income shall be expended. B. The net income, after the deduction of costs associated with the operation of the trust, may be remitted to the cemetery for care and maintenance of the cemetery as provid…

A. All perpetual or endowed care cemeteries shall submit a report to the board, on the forms prescribed by the board, within six months after the close of the cemetery authority's tax reporting year. B. All trustees of perpetual or endowed care trust funds shall submit a report t…

A. The trustee of a perpetual care trust fund shall administer the trust assets in a prudent manner that takes into consideration of the long-term safety, stability and growth of the trust. Engaging in speculative investments for any reason, including for the purpose of generatin…

A. Nothing in these rules shall be construed as prohibiting the trustee or cemetery authority from utilizing the services of an investment advisor. However, the use of an investment advisor does not relieve the trustee of its obligations and fiduciary responsibilities to administ…

A. All contracts for the sale of cemetery related merchandise or personal property that are not delivered within 120 days after entering into such contract, shall, after establishment of the merchandise trust fund when and as required by title 8, deposit into the trust fund a min…

A. If a deposit is not timely made, the board may require, in its sole discretion, that the deposit be 70 percent of the highest price charged in the 12 months preceding the deposit or 125 percent of the wholesale cost at the time the deposit is made, whichever is greater. B. In …

A. The merchandise trust funds shall be held in trust both as to principal and income earned thereon, and shall remain intact, except that the costs of operation of the trust may be deducted from the income earned thereon, until delivery of the personal property is made or the se…

A. All cemeteries and other entities shall submit a report and the report filing fee to the board, on the forms prescribed by the board, within six months after the close of the cemetery's or other entity's tax reporting year. B. All trustees of merchandise trust funds shall subm…

A. In the event of a change of ownership or control of a cemetery, cemetery authority, or other entity, documentation that demonstrates that the existing merchandise trust fund complies with title 8 and these rules shall be submitted to the board. Notes La. Admin. Code tit. 46 , …

A. Stored merchandise must be comprised of materials that are designed to withstand prolonged storage without adversely affecting the structural integrity or aesthetic characteristics of such merchandise. 1. Personal property delivery pursuant to R.S. 8:502.1(2) and (3) shall not…

A. As provided for by. R.S. 8:509 , merchandise trust funds shall be administered and invested in conformity with the perpetual care provisions of the Louisiana Cemetery Act and these rules. Notes La. Admin. Code tit. 46 , § XIII-1713 Promulgated by the Office of the Governor, Ce…

A. The board shall have the right to make on-site inspections and examinations of cemetery authorities or other entities to verify compliance with the requirements of Title 8 and these rules at any time during normal working hours and by any employee of the board or other person …

A. The board shall have the right to make on-site inspections and examinations of the perpetual or endowed care trust funds or the merchandise trust funds of a cemetery authority or other entity andits books and records pertaining thereto at any time during normal working hours a…

A. At a minimum, the following records shall be made available to the board for the purposes of the on-site examinations or inspections: 1. financial, accounting, ledgers, and trust records. a. for the sale, transfer, or conveyance of any interment space or interment right, and t…

A. During any such on-site examination the representative of the board shall, including, without limitation: 1. ascertain whether all deposits required to be made to the trust funds have been timely made by the cemetery or other entity; 2. ascertain whether trust funds are being …

A. The board shall assess the cemetery or other entity the costs associated with the expenses of the examination for each trust fund according to the following schedule: 1. if the examination takes two hours or less, there will be no fee charged; 2. if the examination takes more …

A. The board shall furnish a copy of the on-site examination report to the cemetery, within a reasonable period of time, specifying any violations or exceptions noted during the examination. The cemetery shall have 30 days, after receipt of the report, in which to provide the boa…

A. The Louisiana Cemetery Act requires the board to determine generally whether applicants and their officers, directors, owners, and managerial personnel have the ability, experience, financial stability and responsibility, integrity, trustworthiness, and have good personal and …

A. Upon receipt of a written consumer complaint on a form prescribed by the board, the board on its own or in conjunction with the attorney general may initiate any such investigation or inquiry to verify compliance with the Louisiana Cemetery Act and the rules of the board. B. T…

A. The cemetery shall issue a title or certificate of interment right to the purchaser or transferee within 30 days of payment in full of the contract or transfer, if made without charge. Notes La. Admin. Code tit. 46 , § XIII-2303 Promulgated by the Office of the Governor, Cemet…

A. A standard adult grave shall measure at least 42 inches in width and 96 inches in length, except for preinstalled vaults in designated areas and grave spaces for cremated remains. B. Prior to the first sale of cemetery spaces or interment rights, the cemetery shall prepare a m…

A. Prior to the first sale of a cemetery space or the right of use or interment in any cemetery space in a structure that has not yet been constructed or developed, the cemetery authority shall submit to the board, on a form prescribed by the board, the following: 1. a copy of th…

A. If any provision of these rules or the application thereof is held invalid, the remainder of these rules or other applications of such provisions shall not be affected. Notes La. Admin. Code tit. 46 , § XIII-2501 Promulgated by the Department of Commerce, Cemetery Board, LR 1:…

A. The officers of the board shall be a chair, a vice-chair, and a secretary-treasurer. The board may designate and elect such other officers as it shall determine. All officers shall be elected from among the members of the board, and shall perform such duties as shall be prescr…

A. Regular meetings of the board shall be held at least twice a year, at such times and places as shall be determined by the board. Special meetings may be called by the chairor the board's designee and shall be called upon the written request of any three members of the board. B…

A. The executive committee shall consist of the officers of the board. B. There shall be the following standing committees: 1. examination and inspection committee; 2. rules committee; 3. consumer complaints committee. C. Such other committees, standing or special, shall be appoi…