[1953 c 290 § 26.]

NOTES:

     Short title -- 1953 c 290: "This act shall be known as 'The Cemetery Act.'" [1953 c 290 § 55.]

[1953 c 290 § 27.]

[1987 c 331 § 2.]

[1987 c 331 § 3.]

[1987 c 331 § 4; 1953 c 290 § 28.]

[1987 c 331 § 5; 1977 ex.s. c 351 § 1; 1953 c 290 § 31.]

NOTES:

     Severability -- 1977 ex.s. c 351: "If any provision of this 1977 amendatory 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." [1977 ex.s. c 351 § 7.]

[1979 c 21 § 5; 1977 ex.s. c 351 § 2; 1953 c 290 § 32.]

NOTES:

     Severability -- 1977 ex.s. c 351: See note following RCW 68.05.040.

[1984 c 287 § 102; 1975-'76 2nd ex.s. c 34 § 156; 1953 c 290 § 33.]

NOTES:

     Legislative findings -- Severability -- Effective date -- 1984 c 287: See notes following RCW 43.03.220.

     Effective date -- Severability -- 1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

[1987 c 331 § 6; 1953 c 290 § 35.]

[1987 c 331 § 7; 1979 c 21 § 6; 1953 c 290 § 39.]

NOTES:

     *Reviser's note: RCW 68.05.280 was recodified as RCW 68.05.400 pursuant to 1987 c 331 § 89.

[1987 c 331 § 8; 1953 c 290 § 34. Formerly RCW 68.05.070.]

[1993 c 43 § 3; 1987 c 331 § 9; 1985 c 402 § 8; 1953 c 290 § 36.]

NOTES:

     Effective date of 1993 c 43 -- 1993 sp.s. c 24: See note following RCW 18.39.290.

     Legislative finding -- 1985 c 402: See note following RCW 68.50.165.

     (1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this title;

     (2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings;

     (3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this title;

     (4) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this title;

     (5) To compel attendance of witnesses at hearings;

     (6) In the course of investigating a complaint, to conduct practice reviews;

     (7) To take emergency action pending proceedings by the board;

     (8) To use the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. However, the board shall make the final decision;

     (9) To use consultants or individual members of the board to assist in the direction of investigations and issuance of statements of charges. However, those board members shall not subsequently participate in the hearing of the case;

     (10) To enter into contracts for professional services determined to be necessary for adequate enforcement of this title;

     (11) To contract with persons or organizations to provide services necessary for the monitoring and supervision of licensees, or authorities who are for any authorized purpose subject to monitoring by the board;

     (12) To adopt standards of professional conduct or practice;

     (13) To grant or deny authorities or license applications, and in the event of a finding of unprofessional conduct by an applicant, authority, or license holder, to impose any sanction against a license applicant, authority, or license holder provided by this title;

     (14) To enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant, holder of an authority to operate, or license holder shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action;

     (15) To revoke the license or authority;

     (16) To suspend the license or authority for a fixed or indefinite term;

     (17) To restrict or limit the license or authority;

     (18) To censure or reprimand;

     (19) To cause compliance with conditions of probation for a designated period of time;

     (20) To fine for each violation of this title, not to exceed one thousand dollars per violation. Funds received shall be placed in the cemetery account;

     (21) To order corrective action.

     Any of the actions under this section may be totally or partly stayed by the board. In determining what action is appropriate, the board must first consider what sanctions are necessary to protect or compensate the public. All costs associated with compliance with orders issued under this section are the obligation of the license or authority holder or applicant.

[1987 c 331 § 10.]

[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.]

[1953 c 290 § 38.]

     (1) Shall have free access to the books and records relating to the endowment care funds, their collection and investment, and the number of graves, crypts, and niches under endowment care;

     (2) Shall inspect and examine the endowment care funds to determine their condition and the existence of the investments;

     (3) Shall ascertain if the cemetery authority has complied with all the laws applicable to endowment care funds;

     (4) Shall have free access to all records required to be maintained pursuant to this chapter and to chapter 68.46 RCW with respect to prearrangement merchandise or services, unconstructed crypts or niches, or undeveloped graves; and

     (5) Shall ascertain if the cemetery authority has complied with the laws applicable to prearrangement trust funds.

[1979 c 21 § 8; 1973 1st ex.s. c 68 § 14; 1953 c 290 § 44.]

     (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.]

[1979 c 21 § 9; 1973 1st ex.s. c 68 § 15; 1953 c 290 § 45.]

     (2) The board may bring actions for the preservation and protection of endowment care funds in the superior court of the county in which the cemetery is located and the court shall appoint substitute trustees and make any other order which may be necessary for the preservation, protection and recovery of endowment care funds, whenever a cemetery authority or the trustees of its fund have:

     (a) Transferred or attempted to transfer any property to, or made any loan from, the endowment care funds for the benefit of the cemetery authority or any director, officer, agent or employee of the cemetery authority or trustee of any endowment care funds; or,

     (b) Failed to reinvest endowment care funds in accordance with a board order issued under subsection one of this section; or,

     (c) Invested endowment care funds in violation of this title; or,

     (d) Taken action or failed to take action to preserve and protect the endowment care funds, evidencing a lack of concern therefor; or,

     (e) Become financially irresponsible or transferred control of the cemetery authority to any person who, or business entity which, is financially irresponsible; or,

     (f) Is in danger of becoming insolvent or has gone into bankruptcy or receivership; or,

     (g) Taken any action in violation of Title 68 RCW or failed to take action required by Title 68 RCW or has failed to comply with lawful rules, regulations and orders of the board.

     (3) Whenever the board or its representative has reason to believe that endowment care funds or prearrangement trust funds are in danger of being lost or dissipated during the time required for notice and hearing, it may immediately impound or seize documents, financial instruments, or other trust fund assets, or take other actions deemed necessary under the circumstances for the preservation and protection of endowment care funds or prearrangement trust funds, including, but not limited to, immediate substitutions of trustees.

[1987 c 331 § 23; 1969 ex.s. c 99 § 1; 1953 c 290 § 46.]

[1987 c 331 § 24; 1953 c 290 § 49. Formerly RCW 68.05.250.]

[1987 c 331 § 13; 1985 c 402 § 4. Formerly RCW 68.05.257.]

NOTES:

     Legislative finding -- 1985 c 402: See note following RCW 68.50.165.

     These reports shall be verified by the president or vice president, one other officer of the cemetery authority, the accountant or auditor preparing the same, and, if required by the board for good cause, a certified public accountant in accordance with generally accepted auditing standards.

[1979 c 21 § 10; 1977 ex.s. c 351 § 3; 1973 1st ex.s. c 68 § 16; 1953 c 290 § 40.]

NOTES:

     Severability -- 1977 ex.s. c 351: See note following RCW 68.05.040.

[1987 c 331 § 14; 1943 c 247 § 56; Rem. Supp. 1943 § 3778-56. Formerly RCW 68.48.050.]

[1953 c 290 § 41.]

[1987 c 331 § 15.]

[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.

[1969 ex.s. c 99 § 2; 1953 c 290 § 48.]

[1987 c 331 § 17; 1969 ex.s. c 99 § 3; 1953 c 290 § 50. Formerly RCW 68.05.220.]

     The director, in accordance with RCW 43.24.086, shall set and the department shall collect in advance the fees required for licensing.

     Failure to pay the regulatory charge fixed by the director before the first day of February for any year shall automatically suspend the license. Such license may be restored upon payment to the department of the prescribed charges.

[1987 c 331 § 18; 1979 c 21 § 29. Formerly RCW 68.46.180.]

     (2) The board shall suspend or revoke the prearrangement sales license of any cemetery authority which fails to comply with the request.

[1987 c 331 § 19; 1979 c 21 § 37. Formerly RCW 68.46.095.]

[1953 c 290 § 52.]

     The director shall set and the department shall collect in advance the fees required for licensing.

     Failure to pay the regulatory charge fixed by the director before the first day of February for any year shall automatically suspend the permit or endorsement. Such permit or endorsement may be restored upon payment to the department of the prescribed charges.

[1987 c 331 § 20.]

     (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.

[1987 c 331 § 21; 1979 c 21 § 7; 1973 1st ex.s. c 68 § 12; 1953 c 290 § 42. Formerly RCW 68.05.130.]

[1987 c 331 § 22; 1973 1st ex.s. c 68 § 13; 1953 c 290 § 43. Formerly RCW 68.05.140.]

[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.

[1979 c 21 § 12.]

     (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;

     (3) Refuses to be examined, or refuses to submit to examination or to produce its accounts, records, and files for examination by the board when required;

     (4) 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; or

     (5) Is found by the board to use false, misleading, or deceptive advertisements or sales methods.

[1987 c 331 § 25; 1979 c 21 § 30. Formerly RCW 68.46.190.]

     No cemetery authority whose prearrangement sales license has been suspended, revoked, or refused shall be authorized to enter into prearrangement contracts. Any prearrangement sale by an unlicensed cemetery authority shall be voidable by the purchaser who shall be entitled to a full refund.

[1989 c 175 § 124; 1987 c 331 § 26; 1979 c 21 § 31. Formerly RCW 68.46.200.]

NOTES:

     Effective date -- 1989 c 175: See note following RCW 34.05.010.

     (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 (1)(a) or (1)(b) of this section 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 refuse to renew or to revoke or suspend a cemetery authority's prearrangement sales license.

[1979 c 21 § 32. Formerly RCW 68.46.220.]

[1987 c 331 § 27; 1984 c 53 § 6; 1979 c 21 § 39. Formerly RCW 68.46.210.]

[1987 c 331 § 28; 1979 c 21 § 33. Formerly RCW 68.46.230.]

[1987 c 331 § 29; 1979 c 21 § 34. Formerly RCW 68.46.240.]

     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.]

[1987 c 331 § 31; 1979 c 21 § 36. Formerly RCW 68.46.260.]

[1987 c 331 § 32.]

     (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.]

[1987 c 331 § 91.]