New Jersey Administrative Code

Unless the context otherwise requires, the provisions of this chapter are applicable to cemetery companies. Notes N.J. Admin. Code § 13:44J-1.2 Amended by R.2000 d.487, effective 12/4/2000. See: 32 New Jersey Register 3261(a), 32 New Jersey Register 4265(a). Deleted ", and their …

No person may act as a cemetery salesperson unless he or she holds a valid license issued by the Board or is an officer, superintendent, manager or clerk of the cemetery company. Notes N.J. Admin. Code § 13:44J-10.1 New Rule, R.2000 d.487, effective 12/4/2000. See: 32 New Jersey …

(a) An applicant for an initial cemetery salesperson license shall submit the following: 1. A completed application form; 2. A passport size face photograph, taken within the last year; 3. The application and temporary license fee as provided by N.J.A.C. 13:44J-3.1(a)2 i; 4. A co…

(a) A cemetery salesperson license shall be valid for two years. An applicant for renewal of a cemetery salesperson license shall submit the following: 1. A completed renewal form; 2. The renewal fee as specified by N.J.A.C. 13:44J-3.1(a)2 iii; and 3. For applicants who reside ou…

(a) A licensed cemetery salesperson shall have the license in his or her possession whenever acting as a cemetery salesperson. (b) A copy of the cemetery salesperson license shall be posted in each office of the cemetery company. Notes N.J. Admin. Code § 13:44J-10.4 New Rule, R.2…

(a) A cemetery salesperson may sell for more than one cemetery company. A cemetery salesperson who sells for more than one cemetery company shall apply for an initial license for the first cemetery company for which he or she sells and a branch license for every other cemetery co…

No county or municipality may require a validly licensed cemetery salesperson to purchase or obtain any type of license or permit or to post any type of bond in connection with the sale of cemetery property or services supplied or performed by a cemetery company. Notes N.J. Admin…

(a) A cemetery salesperson shall not engage during active licensure as a cemetery salesperson in any activity prohibited by N.J.S.A. 45:27-16(c) including: 1. The manufacture or sale of memorials; 2. The manufacture or sale of private mausoleums; 3. The manufacture or sale of vau…

Any interment space which has been used for interment or entombment shall be inalienable and shall only be transferred pursuant to N.J.S.A. 45:27-28. Notes N.J. Admin. Code § 13:44J-11.1 Amended by R.1995 d.581, effective 11/6/1995. See: 27 New Jersey Register 3122(a), 27 New Jer…

Owners or heirs, devisees and legatees of owners of unused interment spaces or niches may grant, convey, sell or donate such interment spaces or niches. Notes N.J. Admin. Code § 13:44J-11.2 Recodified from N.J.A.C. 13:44J-6.3 and amended by R.2000 d.487, effective 12/4/2000. See:…

(a) Every cemetery company shall maintain records of transfers of ownership of interment spaces or niches which shall include: 1. The name of every individual who has ever held title to the interment space or niche; and 2. An indication of any transfer of ownership of the interme…

(a) Every cemetery company shall hold a certificate of authority issued by the Board. All cemetery companies shall apply for this certificate to the Board pursuant to (c) or (f) below, as applicable. (b) A cemetery company which exists solely for the maintenance and preservation …

Notes N.J. Admin. Code § 13:44J-13.10 Amended by R.1995 d.581, effective 11/6/1995. See: 27 New Jersey Register 3122(a), 27 New Jersey Register 4437(a). Repealed by R.2000 d.487, effective 12/4/2000. See: 32 New Jersey Register 3261(a), 32 New Jersey Register 4265(a). Section was…

(a) A cemetery company shall not dissolve without obtaining approval of the Board. The cemetery company shall arrange for a successor in interest to maintain the cemetery. (b) A cemetery company which wishes to dissolve shall submit to the Board: 1. A certified statement by the b…

(a) No cemetery company may merge or consolidate except to improve the financial or operating conditions of the cemeteries. Cemetery companies shall obtain Board approval prior to merging or consolidating. (b) A cemetery company which wishes to merge into or consolidate with anot…

(a) No cemetery company shall sell land dedicated for cemetery purposes or grant an easement of such land without prior Board approval. (b) A cemetery company which wishes to sell any land dedicated to cemetery purposes shall submit to the Board: 1. A statement by the board of tr…

(a) A cemetery company shall not purchase land to enlarge the cemetery area without prior approval of the Board. (b) A cemetery company which wishes to purchase land and dedicate that land for cemetery purposes shall submit to the Board: 1. A statement by the board of trustees or…

(a) A cemetery company shall not lease or license cemetery lands to another organization or entity without prior approval of the Board. (b) An application to lease or license cemetery lands pursuant to N.J.S.A. 45:27-34 shall include: 1. A certified statement by the board of trus…

(a) A for-profit entity that managed or operated a cemetery company or companies prior to January 14, 2004, that seeks to continue to manage or operate the same cemetery company or companies shall file with the Board the following: 1. Proof that the for-profit entity managed or o…

(a) Construction of a crematory shall not begin without, in addition to any other statutory or regulatory requirements, prior Board approval. (b) An entity that wishes to construct a crematory shall submit to the Board: 1. A completed application for approval to construct a crema…

Notes N.J. Admin. Code § 13:44J-13.9 Repealed by R.2000 d.487, effective 12/4/2000. See: 32 New Jersey Register 3261(a), 32 New Jersey Register 4265(a). Section was "Standards for approving or disapproving applications".

(a) No bulk sales made by a cemetery company shall become effective until approved by the Board. (b) No cemetery company shall sell 17 or more interment spaces or niches, in one or more transactions, to a membership or religious corporation or unincorporated association or societ…

(a) A membership or religious corporation or an unincorporated association or society, which wishes to sell interment spaces or niches to another membership corporation or religious corporation or society, or to an unincorporated association or society pursuant to N.J.S.A. 45:27-…

(a) For the purposes of this section, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise. "Complete construction" means that all requirements for entombment in the mausoleum have been met. "Construction costs" means the…

(a) A cemetery company may reclaim by repurchase any interment spaces or niches owned by a membership or religious corporation, society or unincorporated association, if no interment has been made in the interment spaces, or inurnment in niches, sought to be reclaimed, and if the…

(a) A cemetery company that sells 17 or more interment spaces or niches in one or more transactions to a person other than a membership or religious corporation or unincorporated association or society shall have that person sign an affidavit substantially similar to that found i…

(a) A cemetery company may remove any memorial, embellishment or impediment that: 1. Has not been authorized by the cemetery company; or 2. Has been altered from the original design that was authorized by the cemetery company. (b) A cemetery company may recover the cost of removi…

(a) A cemetery company may remove any authorized memorial, embellishment or impediment that is not safe. (b) A cemetery company that wishes to remove an unsafe memorial, embellishment or impediment shall: 1. Take pictures of the unsafe memorial, embellishment or impediment prior …

(a) A cemetery company shall not remove a memorial from an interment space or niche in order to perform renovations of cemetery grounds without Board approval. (b) A cemetery company that wishes to remove memorials for renovation of cemetery grounds shall submit to the Board: 1. …

The following words and terms, when used in this chapter, shall have the following meanings: "Act" means the New Jersey Cemetery Act, 2003, N.J.S.A. 45:27-1 et seq. "Adornments" means items placed on an interment space or niche on a temporary basis by the owner of the interment s…

(a) The following fees shall be charged by the Board:1. Cemetery company fees: i. Annual interment fees per interment in excess of 25 interments...............$ 4.00 ii. Cremation fee (per cremation)...........1.00 iii. Filing amendments to charters/regulations/price list........…

(a) The Board shall elect the following officers from among its members annually at the first Board meeting of each calendar year, which officers shall execute the following duties: 1. A chairperson, who shall: i. Schedule meetings of the Board; ii. Set the agenda for Board meeti…

Notes N.J. Admin. Code § 13:44J-4.2

Notes N.J. Admin. Code § 13:44J-4.3 Recodified to N.J.A.C. 13:44J-4.1 by R.2000 d.487, effective 12/4/2000. See: 32 New Jersey Register 3261(a), 32 New Jersey Register 4265(a).

(a) Cemetery companies may not sell vaults. (b) Cemetery companies may sell multiple depth below ground burial crypts that were installed prior to December 1, 1971. (c) Cemetery companies may only install vaults or multiple depth below ground burial crypts that were sold prior to…

(a) Every cemetery company shall have a price list which shall be posted by the cemetery company and filed with the Board pursuant to N.J.S.A. 45:27-18. Except as set forth in (b) below, a charge shall be posted and filed with the Board before it may take effect. (b) Notwithstand…

(a) Any maintenance, preservation, perpetual care or other trust fund, when income from the fund is dedicated to the maintenance and preservation of the entire cemetery, shall be commingled with the Maintenance and Preservation Fund. (b) No trust fund may be commingled with the M…

(a) All investments of cemetery trust funds shall be made pursuant to the "Prudent Investor Act,"N.J.S.A. 3B:20-11.1 et seq. (b) A cemetery company may invest its trust funds in options for stock which the cemetery company holds in its portfolio when the exercise price of the opt…

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise: "Private mausoleum fund" means a trust fund created for the maintenance of the structure of a private mausoleum and the area on which i…

In any action or proceeding affecting or instituted by a cemetery company the cemetery company shall file a copy of the complaint, the answer, the final judgment, order, notices of appeal, petitions for certification or settlement agreement resolving the matter with the Board, ad…

(a) Each year, a cemetery company shall submit a check for all charges due the Board pursuant to N.J.A.C. 13:44J-3.1 and file a notarized annual report on a form provided by the Board with the Board. The report shall include: 1. The extent of, and sources of augmentation to, the …

(a) A cemetery may reclaim an individual interment space or niche sold prior to December 1, 1971 if: 1. No interment has been made in the grave or crypt and no inurnment has been made in the niche; 2. No provision for annual, endowed or special care or maintenance has been made; …

In order to ensure continued interments and cremations, no cemetery company shall be closed for more than three consecutive days for the purposes of making interments and conducting cremations except for strikes, acts of God or by direction of a competent authority, for example, …

A cemetery company shall file with the Board a copy of its regulations. A cemetery company may amend or supplement its regulations by filing with the Board such amendments or supplements. This filing shall be accompanied by a filing fee payable to the Board, in accordance with N.…

(a) Every cemetery company shall maintain a map of the cemetery readily available for inspection at its main office. Any change in the physical layout of the cemetery shall be reflected annually on the map. The map shall show the location of interment spaces or niches with roadwa…

(a) Paths to interment spaces or niches shall be a minimum of 30 inches wide. (b) When a cemetery company resurveys, alters, changes or modifies a portion of its grounds which have been previously laid out on a map or maps into interment spaces or niches, the cemetery company sha…

No cemetery company shall construct a public mausoleum without first obtaining approval from the Department of Community Affairs and a building permit from the local construction official. Notes N.J. Admin. Code § 13:44J-6.4 New Rule, R.2000 d.487, effective 12/4/2000. See: 32 Ne…