In addition to other powersconferred by this Article, the Cemetery Commission shall have the followingpowers and duties:
(1) The administratorshall be appointed by the Governor upon recommendation of the CemeteryCommission. The compensation of the administrator and such other personnel asis necessary to operate the Commission is subject to the provisions of Chapter126 of the General Statutes of North Carolina. The Commission is authorized andempowered to employ such staff, including legal counsel, as may be necessary.
(2) To examine acemetery company's records when a person applies for a change of control of thecompany.
(3) Investigate, uponits own initiative or upon a verified complaint in writing, the actions of anyperson engaged in the business or acting in the capacity of a licensee underthis Article. The license of a licensee may be revoked or suspended for aperiod not exceeding two years, or until compliance with a lawful order imposedin the final order of suspension, or both, where the licensee in performing orattempting to perform any of the acts specified in this Article has been guiltyof:
a. Failing to pay thefees required herein;
b. Failing to make anyreports required by this Article;
c. Failing to remit tothe care and maintenance trust fund, merchandise trust fund, or preconstructiontrust fund the required amounts;
d. Making anysubstantial misrepresentation;
e. Making any falsestatement of a character likely to influence or persuade;
f. A continued andflagrant course of misrepresentation or making of false promises throughcemetery agents or salesmen;
g. Violating anyprovision of this Article or rule promulgated by the Commission; or
h. Any other conduct,whether of the same or a different character than specified in this section,which constitutes fraud or dishonest dealing.
(4) In all proceedingsunder this Article for the revocation or suspension of licenses, the provisionsof Chapter 150B of the General Statutes shall be applicable.
(5) At such time as theCommission finds it necessary it may bring an action in the name of the Statein the court of the county in which the place of business is located againstsuch person to enjoin such person from engaging in or continuing such violationor doing any act or acts in furtherance thereof. In any such action, an orderor judgment may be entered awarding such temporary or permanent injunction asmay be deemed proper; provided, that before any such action is brought theCommission shall give the cemetery at least 20 days' notice in writing, statingthe alleged violation and giving the cemetery an opportunity within the 20‑dayperiod to cure the violation. In addition to all other means provided by lawfor the enforcement of a temporary restraining order, temporary injunction, orpermanent injunction, the court shall have the power and jurisdiction toimpound and to appoint a receiver for the property and business of thedefendant, including books, papers, documents, and records appertaining theretoor so much thereof as the court may deem reasonably necessary to preventfurther violation of this Article through or by means of the use of saidproperty and business. The Commission may institute proceedings against thecemetery or its officers, whereafter an examination, pursuant to this Article,a shortage in the care and maintenance trust fund, merchandise trust fund ormausoleum and belowground crypts preconstruction trust fund is discovered, torecover said shortage.
(6) Whenever any specialadditional audit or examination of a licensee's premises, facilities, books orrecords is necessary because of the failure of the licensee to comply with therequirements imposed in this Article or by the rules and regulations of theCommission, to charge a fee based on the cost of the special examination oraudit, taking into consideration the salary of any employees involved in thespecial audit or examination and any expenses incurred.
(7) Promulgate rules andregulations requiring licensees to file with the Commission plans and specificationsfor the minimum quality of any product sold. The sale of any product for whichplans and specifications required by the rules and regulations have not beenfiled or sale of any product of a lesser quality than the plans andspecifications filed with the Commission is a violation of this Article.
(8) When the Commissionfinds that failure by a licensee to maintain a cemetery properly has causedthat cemetery to be a public nuisance or a health or safety hazard, theCommission may bring an action for injunctive relief, against the responsiblelicensee, in the superior court of the county in which the cemetery or any partthereof is located. (1943, c. 644, s. 17; 1971, c. 1149, s. 8; 1973, c.732, s. 2; 1975, c. 768, s. 1; 1977, c. 686, ss. 4‑6; 1979, c. 888, ss. 1‑3;1981 (Reg. Sess., 1982), c. 1153; 1987, c. 488, s. 8, 827, s. 1; 1991, c. 653,s. 3.)
In addition to other powersconferred by this Article, the Cemetery Commission shall have the followingpowers and duties:
(1) The administratorshall be appointed by the Governor upon recommendation of the CemeteryCommission. The compensation of the administrator and such other personnel asis necessary to operate the Commission is subject to the provisions of Chapter126 of the General Statutes of North Carolina. The Commission is authorized andempowered to employ such staff, including legal counsel, as may be necessary.
(2) To examine acemetery company's records when a person applies for a change of control of thecompany.
(3) Investigate, uponits own initiative or upon a verified complaint in writing, the actions of anyperson engaged in the business or acting in the capacity of a licensee underthis Article. The license of a licensee may be revoked or suspended for aperiod not exceeding two years, or until compliance with a lawful order imposedin the final order of suspension, or both, where the licensee in performing orattempting to perform any of the acts specified in this Article has been guiltyof:
a. Failing to pay thefees required herein;
b. Failing to make anyreports required by this Article;
c. Failing to remit tothe care and maintenance trust fund, merchandise trust fund, or preconstructiontrust fund the required amounts;
d. Making anysubstantial misrepresentation;
e. Making any falsestatement of a character likely to influence or persuade;
f. A continued andflagrant course of misrepresentation or making of false promises throughcemetery agents or salesmen;
g. Violating anyprovision of this Article or rule promulgated by the Commission; or
h. Any other conduct,whether of the same or a different character than specified in this section,which constitutes fraud or dishonest dealing.
(4) In all proceedingsunder this Article for the revocation or suspension of licenses, the provisionsof Chapter 150B of the General Statutes shall be applicable.
(5) At such time as theCommission finds it necessary it may bring an action in the name of the Statein the court of the county in which the place of business is located againstsuch person to enjoin such person from engaging in or continuing such violationor doing any act or acts in furtherance thereof. In any such action, an orderor judgment may be entered awarding such temporary or permanent injunction asmay be deemed proper; provided, that before any such action is brought theCommission shall give the cemetery at least 20 days' notice in writing, statingthe alleged violation and giving the cemetery an opportunity within the 20‑dayperiod to cure the violation. In addition to all other means provided by lawfor the enforcement of a temporary restraining order, temporary injunction, orpermanent injunction, the court shall have the power and jurisdiction toimpound and to appoint a receiver for the property and business of thedefendant, including books, papers, documents, and records appertaining theretoor so much thereof as the court may deem reasonably necessary to preventfurther violation of this Article through or by means of the use of saidproperty and business. The Commission may institute proceedings against thecemetery or its officers, whereafter an examination, pursuant to this Article,a shortage in the care and maintenance trust fund, merchandise trust fund ormausoleum and belowground crypts preconstruction trust fund is discovered, torecover said shortage.
(6) Whenever any specialadditional audit or examination of a licensee's premises, facilities, books orrecords is necessary because of the failure of the licensee to comply with therequirements imposed in this Article or by the rules and regulations of theCommission, to charge a fee based on the cost of the special examination oraudit, taking into consideration the salary of any employees involved in thespecial audit or examination and any expenses incurred.
(7) Promulgate rules andregulations requiring licensees to file with the Commission plans and specificationsfor the minimum quality of any product sold. The sale of any product for whichplans and specifications required by the rules and regulations have not beenfiled or sale of any product of a lesser quality than the plans andspecifications filed with the Commission is a violation of this Article.
(8) When the Commissionfinds that failure by a licensee to maintain a cemetery properly has causedthat cemetery to be a public nuisance or a health or safety hazard, theCommission may bring an action for injunctive relief, against the responsiblelicensee, in the superior court of the county in which the cemetery or any partthereof is located. (1943, c. 644, s. 17; 1971, c. 1149, s. 8; 1973, c.732, s. 2; 1975, c. 768, s. 1; 1977, c. 686, ss. 4‑6; 1979, c. 888, ss. 1‑3;1981 (Reg. Sess., 1982), c. 1153; 1987, c. 488, s. 8, 827, s. 1; 1991, c. 653,s. 3.)
In addition to other powersconferred by this Article, the Cemetery Commission shall have the followingpowers and duties:
(1) The administratorshall be appointed by the Governor upon recommendation of the CemeteryCommission. The compensation of the administrator and such other personnel asis necessary to operate the Commission is subject to the provisions of Chapter126 of the General Statutes of North Carolina. The Commission is authorized andempowered to employ such staff, including legal counsel, as may be necessary.
(2) To examine acemetery company's records when a person applies for a change of control of thecompany.
(3) Investigate, uponits own initiative or upon a verified complaint in writing, the actions of anyperson engaged in the business or acting in the capacity of a licensee underthis Article. The license of a licensee may be revoked or suspended for aperiod not exceeding two years, or until compliance with a lawful order imposedin the final order of suspension, or both, where the licensee in performing orattempting to perform any of the acts specified in this Article has been guiltyof:
a. Failing to pay thefees required herein;
b. Failing to make anyreports required by this Article;
c. Failing to remit tothe care and maintenance trust fund, merchandise trust fund, or preconstructiontrust fund the required amounts;
d. Making anysubstantial misrepresentation;
e. Making any falsestatement of a character likely to influence or persuade;
f. A continued andflagrant course of misrepresentation or making of false promises throughcemetery agents or salesmen;
g. Violating anyprovision of this Article or rule promulgated by the Commission; or
h. Any other conduct,whether of the same or a different character than specified in this section,which constitutes fraud or dishonest dealing.
(4) In all proceedingsunder this Article for the revocation or suspension of licenses, the provisionsof Chapter 150B of the General Statutes shall be applicable.
(5) At such time as theCommission finds it necessary it may bring an action in the name of the Statein the court of the county in which the place of business is located againstsuch person to enjoin such person from engaging in or continuing such violationor doing any act or acts in furtherance thereof. In any such action, an orderor judgment may be entered awarding such temporary or permanent injunction asmay be deemed proper; provided, that before any such action is brought theCommission shall give the cemetery at least 20 days' notice in writing, statingthe alleged violation and giving the cemetery an opportunity within the 20‑dayperiod to cure the violation. In addition to all other means provided by lawfor the enforcement of a temporary restraining order, temporary injunction, orpermanent injunction, the court shall have the power and jurisdiction toimpound and to appoint a receiver for the property and business of thedefendant, including books, papers, documents, and records appertaining theretoor so much thereof as the court may deem reasonably necessary to preventfurther violation of this Article through or by means of the use of saidproperty and business. The Commission may institute proceedings against thecemetery or its officers, whereafter an examination, pursuant to this Article,a shortage in the care and maintenance trust fund, merchandise trust fund ormausoleum and belowground crypts preconstruction trust fund is discovered, torecover said shortage.
(6) Whenever any specialadditional audit or examination of a licensee's premises, facilities, books orrecords is necessary because of the failure of the licensee to comply with therequirements imposed in this Article or by the rules and regulations of theCommission, to charge a fee based on the cost of the special examination oraudit, taking into consideration the salary of any employees involved in thespecial audit or examination and any expenses incurred.
(7) Promulgate rules andregulations requiring licensees to file with the Commission plans and specificationsfor the minimum quality of any product sold. The sale of any product for whichplans and specifications required by the rules and regulations have not beenfiled or sale of any product of a lesser quality than the plans andspecifications filed with the Commission is a violation of this Article.
(8) When the Commissionfinds that failure by a licensee to maintain a cemetery properly has causedthat cemetery to be a public nuisance or a health or safety hazard, theCommission may bring an action for injunctive relief, against the responsiblelicensee, in the superior court of the county in which the cemetery or any partthereof is located. (1943, c. 644, s. 17; 1971, c. 1149, s. 8; 1973, c.732, s. 2; 1975, c. 768, s. 1; 1977, c. 686, ss. 4‑6; 1979, c. 888, ss. 1‑3;1981 (Reg. Sess., 1982), c. 1153; 1987, c. 488, s. 8, 827, s. 1; 1991, c. 653,s. 3.)
