State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-210_80

Article 13E.

Mutual Burial Associations.

§ 90‑210.80.  Duties of Board; meetings.

It shall be the duty of the North Carolina Board of Funeral Service tosupervise, pursuant to this Article, all burial associations authorized by thisArticle to operate in North Carolina, to determine that such associations areoperated in conformity with this Article and the rules adopted pursuant to thisArticle; to prosecute violations of this Article or rules adopted pursuantthereto; and to protect the interest of members of mutual burial associations.

The North Carolina Board of Funeral Service, after a public hearing,may promulgate reasonable rules and regulations for the enforcement of thisArticle and in order to carry out the intent thereof. The Board is authorized anddirected to adopt specific rules to provide for the orderly transfer of amember's benefits in cash or merchandise and services from the funeral directorsponsoring the member's association to the funeral establishment whichfurnishes a funeral service, or merchandise, or both, for the burial of themember, provided that any funeral establishment to which the member's benefitsare transferred in accordance with such rules shall, if located in NorthCarolina, be a funeral establishment registered and permitted under theprovisions of G.S. 90‑210.25 or shall, if located in any other state,territory or foreign country, be a funeral establishment recognized by andoperating in conformity with the laws of such other state, territory or foreigncountry. One or more burial associations operating in North Carolina may mergeinto another burial association operating in North Carolina and two or moreburial associations operating in North Carolina may consolidate into a newburial association provided that any such plan of merger or plan ofconsolidation shall be adopted and carried out in accordance with rules adoptedby the Board pursuant to this Article.

All rules heretofore adopted by the North Carolina Mutual BurialAssociation Commission or the North Carolina Board of Funeral Service inaccordance with prior law and which have not been amended, rescinded, revokedor otherwise changed, or which have not been nullified or made inoperative orunenforceable because of any statute enacted after the adoption of any suchrule, shall remain in full force and effect until amended, rescinded, revokedor otherwise changed by action of the North Carolina Board of Funeral Serviceas set out above, or until nullified or made inoperative or unenforceablebecause of statutory enactment or court decision.

Members of the Board shall receive, when attending such regular orspecial meetings such per diem, expense allowance and travel allowance as areallowed other commissions and boards of the State. The legal adviser to theBoard shall be entitled to actual expenses when attending regular or specialmeetings of the Board held other than in Raleigh. All expenses of the Boardshall be paid from funds coming to the Board pursuant to this Article orappropriated for this purpose. (1967, c. 1197, s.2; 1971, c. 1151; 1973, c. 1147, s. 1; 1975, c. 837; 1987, c. 864, s. 12; 1997‑313,ss. 3, 5; 1999‑425, s. 1; 2003‑420, ss. 1, 17(b).)