State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-210_122

§ 90‑210.122.  CrematoryAuthority established.

(a)        The North CarolinaCrematory Authority is established as a Committee within the Board. TheCrematory Authority shall suggest rules to the Board for the carrying out andenforcement of the provisions of this Article.

(b)        The CrematoryAuthority shall initially consist of five members appointed by the Governor andtwo members of the Board appointed by the Board. The Governor may consider alist of recommendations from the Cremation Association of North Carolina.

(c)        The initial termsof the members of the Crematory Authority shall be staggered by the appointingauthorities so that the terms of three members (two of which shall beappointees of the Governor) expire December 31, 1991, the terms of two members(both of which shall be appointees of the Governor) expire December 31, 1992,and the terms of the remaining two members (one of which shall be an appointeeof the Governor) expire December 31, 1993.

As the terms of the membersappointed by the Governor expire, their successors shall be elected from amonga list of nominees in an election conducted by the Board in which all licensedcrematory operators are eligible to vote. The Board shall conduct the electionfor members of the Crematory Authority and shall prescribe the procedures andestablish the time and date for nominations and elections to the CrematoryAuthority. A nominee who receives a majority of the votes cast shall bedeclared elected. The Board shall appoint the successors to the two positions forwhich it makes initial appointments pursuant to this section.

The terms of the electedmembers of the Crematory Authority shall be three years. The terms of themembers appointed by the Board, including the members initially appointedpursuant to this subsection, shall be coterminous with their terms on theBoard. Any vacancy occurring in an elective seat shall be filled for theunexpired term by majority vote of the remaining members of the CrematoryAuthority. Any vacancy occurring in a seat appointed by the Governor shall befilled by the Governor. Any vacancy occurring in a seat appointed by the Boardshall be filled by the Board.

(d)        The members of theCrematory Authority shall receive per diem and necessary travel and subsistenceexpenses in accordance with the provisions of G.S. 93B‑5 for all timeactually spent upon the business of the Crematory Authority. All expenses,salaries and per diem provided for in this Article shall be paid from fundsreceived and shall in no manner be an expense to the State.

(e)        The CrematoryAuthority shall select from its members a chairman, a vice chairman and asecretary who shall serve for one year or until their successors are electedand qualified. No two offices may be held by the same person. The CrematoryAuthority, with the concurrence of the Board, shall have the authority toengage adequate staff as deemed necessary to perform its duties.

(f)         The CrematoryAuthority shall hold at least one meeting in each year. In addition, theCrematory Authority may meet as often as the proper and efficient discharge ofits duties shall require. Four members shall constitute a quorum. (1989 (Reg. Sess., 1990), c.988, s. 1; 2003‑420, s. 2; 2007‑531, s. 19.)