USA Statutes : washington
Title : Cemeteries, morgues, and human remains
Chapter : Cemetery board
RCW 68.05.095Officers Executive secretary.The board shall elect annually a chairman and vice chairman and such other officers as it shall determine from among its members. The director, in consultation with the board, may employ and prescribe the duties of the executive secretary. The executive secretary shall have a minimum of five years' experience in cemetery management unless this requirement is waived by the board.[1987 c 331 § 8; 1953 c 290 § 34. Formerly RCW 68.05.070.] RCW 68.05.115Sale or transfer of cemetery authority or creation of a new cemetery Penalty for noncompliance.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 to operate a cemetery. The board shall enter any order deemed necessary for the protection of all endowment care funds and/or prearrangement trust fund during such transfer. As a condition of applying for a new certificate of authority, the entity desiring to acquire such ownership or control must agree to be bound by all then existing prearrangement contracts. Persons and business entities selling and persons and business entities purchasing ownership or control of a cemetery authority shall each verify and attest to an endowment care fund report and/or a prearrangement trust fund report showing the status of such funds on the date of the sale on a written report form prescribed by the board. Such reports shall be considered part of the application for authority to operate. Failure to comply with this section shall be a gross misdemeanor and any sale or transfer in violation of this section shall be void.[2005 c 365 § 54; 1987 c 331 § 11; 1979 c 21 § 11; 1973 1st ex.s. c 68 § 17; 1969 ex.s. c 99 § 5. Formerly RCW 68.05.255.] RCW 68.05.155Prearrangement sales license.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, and organization date;  (b) The kinds of cemetery business or merchandise it proposes to transact;  (c) A statement of its current financial condition, management, and affairs on a form satisfactory to or furnished by the board; and  (d) Such other documents, stipulations, or information as the board may reasonably require to evidence compliance with the provisions of this chapter; and  (2) Deposit with the department the fees required by this chapter to be paid for filing the accompanying documents, and for the prearrangement sales license, if granted.[1987 c 331 § 12; 1979 c 21 § 28. Formerly RCW 68.46.140.] RCW 68.05.173Revocation, suspension of certificate or license.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 § 57; 1987 c 331 § 24; 1953 c 290 § 49. Formerly RCW 68.05.250.] RCW 68.05.175Permit or endorsement required for cremation Regulation of affiliated and nonaffiliated crematories.A permit or endorsement issued by the cemetery board or under chapter 18.39 RCW is required in order to operate a crematory or conduct a cremation. Crematories owned or operated by or located on property licensed as a funeral establishment shall be regulated by the board of funeral directors and embalmers. Crematories not affiliated with a funeral establishment shall be regulated by the cemetery board.[1987 c 331 § 13; 1985 c 402 § 4. Formerly RCW 68.05.257.]Notes:Legislative finding -- 1985 c 402: See note following RCW 68.50.185. RCW 68.05.205Fees.The director with the consent of the cemetery board shall set all fees for chapters 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 the department shall collect the fees.[1993 c 43 § 4; 1987 c 331 § 16; 1983 1st ex.s. c 5 § 1; 1977 ex.s. c 351 § 4; 1969 ex.s. c 99 § 4; 1953 c 290 § 51. Formerly RCW 68.05.230.]Notes:Effective date of 1993 c 43 -- 1993 sp.s. c 24: See note following RCW 18.39.290.Severability -- 1983 1st ex.s. c 5: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 1st ex.s. c 5 § 3.]Severability -- 1977 ex.s. c 351: See note following RCW 68.05.040. RCW 68.05.215Certificates Regulatory charges Expiration.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 issued for the year and shall expire at midnight, the thirty-first day of January of each year, or at whatever time during any year that ownership or control of any cemetery authority is transferred or sold. Cemetery certificates shall not be transferable.[2005 c 365 § 60; 1987 c 331 § 17; 1969 ex.s. c 99 § 3; 1953 c 290 § 50. Formerly RCW 68.05.220.] RCW 68.05.225Sales licenses Terms Fees.All prearrangement sales licenses issued under this chapter shall be issued for the year and shall expire at midnight, the thirty-first day of January of each year, or at whatever time during any year that ownership or control of any cemetery authority is transferred or sold.  The director, in accordance with RCW 43.24.086, shall set and the department shall collect in advance the fees required for licensing.[2005 c 365 § 61; 1987 c 331 § 18; 1979 c 21 § 29. Formerly RCW 68.46.180.] RCW 68.05.235Reports Failure to file.(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 such information as required by this chapter and by the board.  (2) The failure to file a report as required under subsection (1) of this section constitutes unprofessional conduct for which the board may take disciplinary action against the prearrangement sales license of the cemetery authority. In addition, the board may take disciplinary action against any other license held by the cemetery authority.[2005 c 365 § 62; 2002 c 86 § 318; 1987 c 331 § 19; 1979 c 21 § 37. Formerly RCW 68.46.095.]Notes:Effective dates -- 2002 c 86: See note following RCW 18.08.340.Part headings not law -- Severability -- 2002 c 86: See RCW 18.235.902 and 18.235.903. RCW 68.05.254Examination of endowment funds and prearrangement trust funds.(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, or voluntarily files an annual financial report for the fund certified by a certified public accountant or a licensed public accountant in accordance with generally accepted auditing standards;  (b) One year following the issuance of a new certificate of authority;  (c) Whenever the cemetery authority in charge of endowment care or prearrangement trust fund or funds fails after reasonable notice from the board to file the reports required by this chapter; or  (d) Whenever it is requested by verified petition signed by twenty-five lot owners alleging that the endowment care funds are not in compliance with this title, or whenever it is requested by verified petition signed by twenty-five purchasers or beneficiaries of prearrangement merchandise or services alleging that the prearrangement trust funds are not in compliance with this title, in either of which cases, the examination shall be at the expense of the petitioners.  (2) The expense of the endowment care and prearrangement trust fund examination as provided in subsection (1)(a) and (b) of this section shall be paid by the cemetery authority. Such examination shall be privately conducted in the principal office of the cemetery authority.  (3) The requirements that examinations be conducted once every three years and that they be conducted in the principal office of the cemetery authority do not apply to any endowment care or prearrangement fund that is less than twenty-five thousand dollars. The board shall, at its discretion, decide when and where the examinations shall take place.  (4) Examination expenses incurred in conjunction with a transfer of ownership of a cemetery must be paid by the selling entity.  (5) All examination expense moneys collected by the department must be paid to the cemetery account created in RCW 68.05.285.[2005 c 365 § 65; 1987 c 331 § 21; 1979 c 21 § 7; 1973 1st ex.s. c 68 § 12; 1953 c 290 § 42. Formerly RCW 68.05.130.] RCW 68.05.259Payment of examination expenses.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 certificate of authority.[2005 c 365 § 66; 2002 c 86 § 319; 1987 c 331 § 22; 1973 1st ex.s. c 68 § 13; 1953 c 290 § 43. Formerly RCW 68.05.140.]Notes:Effective dates -- 2002 c 86: See note following RCW 18.08.340.Part headings not law -- Severability -- 2002 c 86: See RCW 18.235.902 and 18.235.903. RCW 68.05.285"Cemetery account."The cemetery account is created in the custody of the state treasurer. All moneys received under this chapter must be deposited in the account. Expenditures from the account may be used only for the purposes of this chapter. Only the cemetery board may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.[2005 c 365 § 67; 1953 c 290 § 29. Formerly RCW 68.05.270.]Notes:Cemetery fund abolished and moneys transferred to cemetery account in state treasury: RCW 43.79.330 through 43.79.334. RCW 68.05.300Unprofessional conduct Disciplinary action.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 condition that further execution of prearrangement contracts would be hazardous to purchasers or beneficiaries and the people of this state; or  (3) Is found by the board after investigation or receipt of reliable information to be managed by persons who are incompetent or untrustworthy or so lacking in managerial experience as to make the proposed or continued operation hazardous to purchasers, beneficiaries, or the public.[2002 c 86 § 320; 1987 c 331 § 25; 1979 c 21 § 30. Formerly RCW 68.46.190.]Notes:Effective dates -- 2002 c 86: See note following RCW 18.08.340.Part headings not law -- Severability -- 2002 c 86: See RCW 18.235.902 and 18.235.903. RCW 68.05.310Prearrangement sales Disciplinary action.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 prearrangement sale by an unlicensed cemetery authority shall be voidable by the purchaser who shall be entitled to a full refund.[2002 c 86 § 321; 1989 c 175 § 124; 1987 c 331 § 26; 1979 c 21 § 31. Formerly RCW 68.46.200.]Notes:Effective dates -- 2002 c 86: See note following RCW 18.08.340.Part headings not law -- Severability -- 2002 c 86: See RCW 18.235.902 and 18.235.903.Effective date -- 1989 c 175: See note following RCW 34.05.010. RCW 68.05.320Board action against authorities Administrative procedures.(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 delivery of cemetery merchandise or services, unconstructed crypts or niches, or undeveloped graves;  (b) Is violating or has violated any statute of the state of Washington or any rule of the board; or  (c) Is about to do an act prohibited in (a) or (b) of this subsection when the opinion is based upon reasonable cause.  (2) The notice shall contain a statement of the facts constituting the alleged violation or practice and shall fix a time and place at which a hearing will be held to determine whether an order to cease and desist should issue against the cemetery authority. The hearing shall be set not earlier than ten nor later than thirty days after service of the notice unless a later date is set by the board or its authorized representative at the request of the cemetery authority.  Unless the cemetery authority appears at the hearing by a duly authorized representative it shall be deemed to have consented to the issuance of a cease and desist order. In the event of this consent or if upon the record made at the hearing the board finds that any violation or practice specified in the notice of charges has been established, the board may issue and serve upon the cemetery authority an order to cease and desist from the violation or practice. The order may require the cemetery authority and its directors, officers, employees, and agents to cease and desist from the violation or practice and may require the cemetery authority to take affirmative action to correct the conditions resulting from the violation or practice.  (3) A cease and desist order shall become effective at the expiration of ten days after service of the order upon the cemetery authority except that a cease and desist order issued upon consent shall become effective as provided in the order unless it is stayed, modified, terminated, or set aside by action of the board or a reviewing court.  (4) The powers of the board under this section are in addition to the power of the board to take disciplinary action against a cemetery authority's prearrangement sales license.[2002 c 86 § 322; 1979 c 21 § 32. Formerly RCW 68.46.220.]Notes:Effective dates -- 2002 c 86: See note following RCW 18.08.340.Part headings not law -- Severability -- 2002 c 86: See RCW 18.235.902 and 18.235.903. RCW 68.05.330Violation Penalty Unfair practice Other laws applicable.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 chapter 19.86 RCW and shall be grounds for disciplinary action against the certificate of authority or any other license issued by the board under this chapter and chapter 18.235 RCW. Retail installment transactions under this chapter shall be governed by chapter 63.14 RCW. The provisions of this chapter shall not affect any other remedy available at law.[2005 c 365 § 69; 2002 c 86 § 323; 1987 c 331 § 27; 1984 c 53 § 6; 1979 c 21 § 39. Formerly RCW 68.46.210.]Notes:Effective dates -- 2002 c 86: See note following RCW 18.08.340.Part headings not law -- Severability -- 2002 c 86: See RCW 18.235.902 and 18.235.903. RCW 68.05.340Board action against authorities Cease and desist orders.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 authority's endowment care or prearrangement trust fund, the board, or its authorized representative, may issue a temporary order requiring the cemetery authority to cease and desist from the violation or practice. The order shall become effective upon service on the cemetery authority. The order shall remain effective unless set aside, limited, or suspended by a court in proceedings under RCW 68.05.350, until the board dismisses the charges specified in the notice, or until the effective date of a cease and desist order issued against the cemetery authority under RCW 68.05.320. Actions for unlicensed activity must be conducted under RCW 18.235.150.[2005 c 365 § 70; 2002 c 86 § 324; 1987 c 331 § 28; 1979 c 21 § 33. Formerly RCW 68.46.230.]Notes:Effective dates -- 2002 c 86: See note following RCW 18.08.340.Part headings not law -- Severability -- 2002 c 86: See RCW 18.235.902 and 18.235.903. RCW 68.05.350Delaying board action pending administrative proceedings.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 suspending the order pending completion of the administrative proceedings under RCW 68.05.320.[2002 c 86 § 325; 1987 c 331 § 29; 1979 c 21 § 34. Formerly RCW 68.46.240.]Notes:Effective dates -- 2002 c 86: See note following RCW 18.08.340.Part headings not law -- Severability -- 2002 c 86: See RCW 18.235.902 and 18.235.903. RCW 68.05.360Board action against authorities Hearing location Decision Review.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 decision is based and shall issue and serve upon each party to the proceeding an order or orders consistent with RCW 68.05.320.  Review of the decision shall be as provided in chapter 34.05 RCW.[1987 c 331 § 30; 1979 c 21 § 35. Formerly RCW 68.46.250.] RCW 68.05.370Board action against authorities Enforcement of orders.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 with the order.[1987 c 331 § 31; 1979 c 21 § 36. Formerly RCW 68.46.260.] RCW 68.05.400Exemptions from chapter.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 upon which any of its churches are or will be built; or  (2) Any cemetery controlled and operated by a coroner, county, city, town, or cemetery district.[1979 c 21 § 13; 1961 c 133 § 1; 1953 c 290 § 30. Formerly RCW 68.05.280.]