Title 8 — Title 8 — Cemeteries

Any cemetery organized or controlled by any fraternal organization or church society or congregation shall be managed and controlled as provided by its rules and bylaws. R.L.1910, § 381.

This Act shall be known and cited as "The Burial Association Act." Laws 1953, p. 129, § 1.

The following terms as used in this act are defined as follows: 1. "Burial association" or "association" when used without limitation or qualification, shall mean an association, whether incorporated or nonincorporated, licensed pursuant to this act or which is otherwise subject …

8 O.S. § 203 Repealed by Laws 1992, c. 147, § 12, eff. July 1, 1992

authority to State Board of Embalmers and Funeral Directors. A. The State Burial Board is hereby abolished. All powers, duties, responsibilities, property, personnel, assets, liabilities, fund balances, encumbrances and obligations of the State Burial Board are hereby transferred…

abolished - Transfer of funds. A. There is hereby created a fund to be known as the "State Burial Board Administration and Enforcement Fund," and all fees received by the Board under the provisions of this act shall be paid to the Board and shall by it be deposited to the credit …

trust fund - Mutual character - Members - Articles of agreement - Fees and assessments. That all burial associations now operating or that may be hereafter organized, as incorporated or nonincorporated associations, which are nonprofit sharing in their operations and pay no fees …

No burial association shall invest its trust funds except in bonds and securities which are the direct obligations of the United States or in cash deposits in regularly established national or state banks. Laws 1953, p. 131, § 6.

(a) No burial association shall transact any business until the Board has issued a formal license authorizing it to do so, which license shall not issue until it is satisfied that the association has complied with the provisions of this act. Licenses issued to such association sh…

(a) Any burial association may issue a burial agreement containing burial benefits not exceeding twice the burial benefits provided in the Articles of Agreement as specified in Section 5 of this act, by charging and levying twice the membership fee and assessments specified there…

The treasurer of every burial association, who shall be the custodian of the funds of the association, shall file with the Oklahoma State Board of Embalmers and Funeral Directors a bond, in the form prescribed by the Board, running in the favor of the State of Oklahoma, executed …

The Board shall have the authority, after a hearing held, to issue an order directing the officers of an association to reimburse the trust fund for any withdrawal therefrom when the Board finds that the officers have wrongfully paid a claim or have otherwise wrongfully disbursed…

Whenever the Board deems it necessary or advisable, and at least once in each year, it shall examine, through its authorized representative each burial association and thoroughly inspect and examine its financial condition, whether it has complied with the provisions of the law a…

No association and no director, trustee, officer, agent, employee, solicitor, or other representative thereof, or any other person, shall make, issue, circulate, or cause or permit to be made, issued, or circulated, a statement of any sort misrepresenting the terms, conditions or…

Discrimination between members of the same class in the amount of assessments, dues, and fees charged for or on any agreement, or in any benefits payable thereon, or in any of the terms or conditions of such agreement, or in any manner whatsoever is prohibited. This Act shall not…

Every burial association doing business in the State of Oklahoma under the provisions of Sections 201 et seq. of this title shall, annually, on or before the last day of June, report under oath of the president and secretary of said association to the Oklahoma State Board of Emba…

If the Board is of the opinion upon examination or from other evidence, that any burial association: (1) is in an insolvent condition in that it fails and is unable to provide any burial benefit in accordance with the terms and conditions of its burial agreement, or (2) has not c…

No person or party other than the Oklahoma State Board of Embalmers and Funeral Directors may appear in the courts of this state requesting the appointment of a receiver of a burial association. Laws 1953, p. 134, § 16; Laws 1992, c. 147, § 8, eff. July 1, 1992.

(a) No burial association shall merge, consolidate, or reinsure all of its business with another burial association, except with the approval of the Oklahoma State Board of Embalmers and Funeral Directors. (b) A copy of the agreement or document effecting such merger, consolidati…

Any person, who for a consideration solicits, negotiates, or effects, or offers to solicit, negotiate, or effect, any burial agreement in this state for or on behalf of any burial association shall be a burial agent within the intent of this Act, and shall become subject to all t…

No person shall, in this state, engage directly or indirectly, in the business as a burial agent for any burial association unless such person holds a burial agent license authorizing him to represent such burial association. Laws 1953, p. 134, § 19.

thereon. (a) Application for a burial agent license shall be made to the Board upon a form prescribed by the Board. (b) Upon receipt of the application the Board shall promptly determine the general reputation and character of the applicant as to honesty, integrity, and responsib…

Fee - Renewals. (a) Every burial association desiring to appoint a person as its agent shall apply to the Board, upon a requisition form prescribed by the Board, for a burial agent license for said person. The requisition of the burial association shall be accompanied by a burial…

(a) The Board may revoke or refuse to renew any burial agent license, if, after a hearing held, the Board finds: (1) That the agent has obtained or attempted to obtain any burial agent license through willful misrepresentation or fraud. (2) That the agent has materially misrepres…

license. A hearing before the Board for the purpose of revoking or refusing to renew a burial agent license shall be had only upon a sworn complaint signed by a complainant, or a show cause order issued by the Board, after a copy thereof has been served on the agent and the buria…

(a) No burial agreement shall be issued or delivered in this state by a burial association unless through its licensed resident agent. (b) No burial association or burial agent shall pay, allow or give, directly or indirectly, any money, commissions, or other valuable considerati…

Any person who shall solicit and shall procure an application for a burial agreement shall, in all matters relating to such application and the agreement issued in consequence thereof, be regarded as the agent of the burial association issuing the agreement and not the agent of t…

(a) In any proceeding arising under this act, any member of the Board, or any interested party, may take depositions as in civil proceedings and the Board may, on its own motion, and shall, upon request of any interested party, subpoena witnesses or documentary evidence, administ…

(a) The provisions of this Act shall apply to every burial association, corporation, partnership or person now engaged in the business of burial insurance or that hereafter engages in the business of burial insurance, which have not been issued a license to do business in the Sta…

No burial association or corporation which is organized or incorporated under the laws of another state shall be licensed to do business in this state under the provisions of this Act. Laws 1953, p. 137, § 30.

The Board may make and promulgate written rules and regulations reasonable, necessary and incidental to the enforcement and administration of the provisions of this act. Laws 1953, p. 137, § 31.

- Bond of Treasurer. The operative date of this Act shall be June 1, 1953. Provided that the provisions of this Act shall not apply to an association which has been issuing the individual certificate, and individual certificate only, prior to January 1, 1943, and which organizati…

A. At a meeting of the burial association held in accordance with the bylaws of such association, the burial association may vote to dissolve the association. B. Upon the affirmative order of the burial association, the burial association shall be deemed dissolved. The board of d…

A. At a meeting of an unincorporated burial association, pursuant to such procedural rules or practices as have been observed or adopted by the association, the members may vote to dissolve the association. B. If the vote to dissolve is affirmative, the officers of the associatio…

Any corporation, association, or director, trustee, officer, employee, agent or representative thereof, or any other person, who willfully violates any provisions of this act shall be guilty of a misdemeanor and shall be subject to a fine of not less than Fifty Dollars ($50.00) a…

Application of income. May hold real estate. Every cemetery corporation has power to purchase or take by gift, grant or devise and to hold real property not exceeding eighty (80) acres for the sole use and purpose of a burial ground and to lay out the same into blocks and lots wi…

As used in Sections 1 through 37 of Title 8 of the Oklahoma Statutes: 1. “Lot” means a tract of land or space used to inter one deceased individual; and 2. “Plot” means a tract of land made up of more than one burial lot. Added by Laws 2008, c. 47, § 1, eff. Nov. 1, 2008.

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corporation when formed. The owner of land, any part of which has been used for human burial and no cemetery corporation, including the same, has been formed, as is now provided by law, to which title can be made, may convey or devise any designated part or the whole of such land…

eff. July 1, 2010.

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