Title 68, Title 68 CEMETERIES, MORGUES, AND HUMAN REMAINS

The definitions in chapter 68.04 RCW are applicable to this chapter and govern the meaning of terms used in this chapter, except as otherwise provided.[ 2005 c 365 s 46; 1953 c 290 s 26.]Notes:Short title—1953 c 290: "This act shall be known as 'The Cemetery Act.'" [ 1953 c 290 s…

The term "board" used in this chapter means the funeral and cemetery board.[ 2009 c 102 s 7; 1953 c 290 s 27.]Notes:Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.…

"Department" used in this chapter means the department of licensing.[ 1987 c 331 s 2.]

"Director" used in this chapter means the director of licensing.[ 1987 c 331 s 3.]

The terms "endowment care" or "endowed care" used in this chapter shall include special care funds and all funds held for or represented as maintenance funds.[ 2005 c 365 s 47; 1987 c 331 s 4; 1953 c 290 s 28.]

The board shall enforce and administer the provisions of chapters 68.04 through 68.50 RCW, subject to provisions of RCW 68.05.400. The board may adopt and amend bylaws establishing its organization and method of operation. The board may refer such evidence as may be available con…

The director, in consultation with the board, may employ and prescribe the duties of the program administrator or manager. The program administrator or manager must have a minimum of five years' experience in either cemetery or funeral management, or both, unless this requirement…

The board may establish necessary rules for the enforcement of this title and the laws subject to its jurisdiction. The board shall prescribe the application forms and reports provided for in this title.[ 2009 c 102 s 9; 2005 c 365 s 52; 1993 c 43 s 3; 1987 c 331 s 9; 1985 c 402 …

In addition to the authority in RCW 18.235.030, the board has the following authority under this chapter:(1) To adopt, amend, and rescind rules necessary to carry out this title; and(2) To adopt standards of professional conduct or practice.[ 2009 c 102 s 10; 2005 c 365 s 53; 200…

Prior to the sale or transfer of ownership or control of any cemetery authority or the creation of a new cemetery, any person or entity desiring to acquire such ownership or control or to create a new cemetery shall apply in writing to the board for a new certificate of authority…

The board is authorized to bring actions to enforce the provisions of the law subject to its jurisdiction, in which actions it shall be represented by the attorney general.[ 1953 c 290 s 38.]

In making such examination the board:(1) Shall have free access to the books and records relating to the endowment care funds and prearrangement trust funds;(2) Shall inspect and examine the endowment care funds and prearrangement trust funds to determine their condition and the …

To enter into prearrangement contracts as defined in RCW 68.46.010, a cemetery authority shall have a valid prearrangement sales license. To apply for a prearrangement sales license, a cemetery authority shall:(1) File with the board its request showing:(a) Its name, location, an…

If any examination made by the board, or any report filed with it, shows that there has not been collected and deposited in the endowment care funds the minimum amounts required by this title, or if the board finds that the cemetery authority has failed to comply with the require…

(1) Whenever the board finds, after notice and hearing, that any endowment care funds have been invested in violation of this title, it may by written order mailed to the person or body in charge of the fund require the reinvestment of the funds in conformity with this title with…

Upon violation of any of the provisions of this title, the board may revoke or suspend the certificate of authority or any other license issued by the board.[ 2005 c 365 s 57; 1987 c 331 s 24; 1953 c 290 s 49. Formerly RCW 68.05.250.]

A license or endorsement issued under chapter 18.39 RCW is required in order to operate a crematory or conduct a cremation, operate or conduct alkaline hydrolysis, operate or conduct natural organic reduction, or operate a natural organic reduction facility.[ 2019 c 432 s 12; 200…

Each cemetery authority in charge of cemetery endowment care funds shall annually, and within ninety days after the end of the calendar or fiscal year of the cemetery authority, file with the board a written report in form and content prescribed by the board.These reports shall b…

The board shall examine the reports filed with it as to their compliance with the requirements of the law.[ 1953 c 290 s 41.]

Any person other than persons defined in RCW 68.50.160 who buries or scatters human remains by land, air, or sea or performs any other disposition of human remains outside of a cemetery must have a permit issued in accordance with RCW 68.05.100 and are subject to that section.[ 2…

The director with the consent of the board must set all fees for chapters 18.39, 68.05, 68.20, 68.24, 68.28, 68.32, 68.36, 68.40, 68.44, and 68.46 RCW in accordance with RCW 43.24.086, including fees for licenses, certificates, regulatory charges, permits, or endorsements, and th…

The board may require such proof as it deems advisable concerning the compliance by such applicant to all the laws, rules, regulations, ordinances and orders applicable to it. The board shall also require proof that the applicant and its officers and directors are financially res…

The regulatory charges for cemetery certificates at all periods of the year are the same as provided in this chapter. All regulatory charges are payable at the time of the filing of the application and in advance of the issuance of the certificates. All certificates shall be issu…

All prearrangement sales licenses issued under this chapter shall be issued for the year and shall expire at midnight, the 31st day of March of each year, or at whatever time during any year that ownership or control of any cemetery authority is transferred or sold.The director, …

(1) Each authorized cemetery authority shall, within ninety days after the close of its accounting year, file with the board an endowment care trust fund report and a prearrangement trust fund report for the preceding year. The reports shall be on such forms and shall contain suc…

It shall be a misdemeanor for any cemetery authority to make any interment without a valid, unsuspended certificate of authority. Each interment shall be a separate violation.[ 2005 c 365 s 63; 1953 c 290 s 52.]

(1) All permits, licenses, or endorsements issued under this chapter must be issued for the year and expire at midnight, the 31st day of March of each year, or at whatever time during any year that ownership or control of any cemetery authority that operates such facility is tran…

(1) The board shall examine the endowment care and prearrangement trust fund or funds of a cemetery authority:(a) Whenever it deems necessary, but at least once every three years after the original examination except where the cemetery authority is either required by the board to…

If any cemetery authority refuses to pay any examination expenses within thirty days of completion of the examination or refuses to pay certain examination expenses in advance as required by the department for cause, the board may take disciplinary action against any existing cer…

Members of the board shall be immune from suit in any action, civil or criminal, based upon any official acts performed in good faith as members of the board. The state shall defend, indemnify, and hold the members of the board harmless from all claims or suits arising in any man…

In addition to the unprofessional conduct described in RCW 18.235.130, the board may take disciplinary action if the cemetery authority:(1) Fails to comply with any provision of this chapter or any proper order or regulation of the board;(2) Is found by the board to be in such co…

No cemetery authority whose prearrangement sales license has been the subject of disciplinary action shall be authorized to enter into prearrangement contracts unless specifically authorized by the board and only upon full compliance with the conditions required by the board. Any…

(1) The board or its authorized representative may issue and serve upon a cemetery authority a notice of charges if in the opinion of the board or its authorized representative the cemetery authority:(a) Is engaging in or has engaged in practices likely to endanger the future del…

Unless specified otherwise in this title, any person who violates or aids or abets any person in the violation of any of the provisions of this title shall be guilty of a class C felony punishable under chapter 9A.20 RCW. A violation shall constitute an unfair practice under chap…

Whenever the board or its authorized representative determines that a cemetery authority is in violation of this title or that the continuation of acts or practices of the cemetery authority is likely to cause insolvency or substantial loss of assets or earnings of the cemetery a…

Within ten days after a cemetery authority has been served with a temporary cease and desist order issued under RCW 68.05.320, the cemetery authority may apply to the superior court in the county of its principal place of business for an injunction setting aside, limiting, or sus…

Any administrative hearing under RCW 68.05.320 may be held at such place as is designated by the board and shall be conducted in accordance with chapter 34.05 RCW.Within sixty days after the hearing the board shall render a decision which shall include findings of fact upon which…

The board may apply to the superior court of the county of the principal place of business of the cemetery authority affected for enforcement of any effective and outstanding order issued under RCW 68.05.320 or 68.05.340, and the court shall have jurisdiction to order compliance …

The provisions of this chapter do not apply to any of the following:(1) Nonprofit cemeteries which are owned or operated by any recognized religious denomination which qualifies for an exemption from real estate taxation under RCW 84.36.020 on any of its churches or the ground up…

The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.[ 2002 c 86 s 326.]Notes:Effective dates—2002 c 86: See note following RCW 18.08.340.Pa…

This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987.[ 1987 c 331 s 91.]