Rule 590-3-1-.01 - Definitions(1) As used herein all citations to "the Act" refer to the Georgia Cemetery and Funeral Services Act of 2000, as set forth in Chapter 14 of Title 10 of the Official Code of Georgia Annotated.(2) As used in the Act and herein,"care and maintenance", in addition to those activities described in O.C.G.A. Sec. 10-14-3(6), which are incorporated herein, shall be defined as maintaining the cemetery in a reasonable condition, which shall include leveling of the grounds where interments have been made, sodding or planting of grass over interments when graves are closed, reasonable care of grass and other ground cover, subject to climatic and soil conditions, removal of all debris, regular mowing and edging, repair of potholes in pavement, resulting in a well kept appearance at all times. It shall be further defined as maintaining buildings, structures and other improvements located on cemetery property in accordance with all applicable laws and codes. It shall be further defined as maintaining the cemetery property free of inoperative vehicles and machinery, unless stored in a closed structure. It shall further be defined as appropriately marking each entrance to the cemetery property from any public road, with at least one such entrance having a sign indicating the name of the cemetery, and the location of the office for such cemetery if not located on that property.(3) As used in the Act and herein, all references to "developed cemetery property" shall be defined as that portion of the dedicated cemetery property that has been platted and pinned for the intended use of the permanent internment of human remains or that portion of the dedicated cemetery property that has been platted and pinned and is currently being used for the permanent internment of human remains.(4) As used in the Act and herein, all references to "the Division Director" or "The Director" shall refer to the Director of the Securities and Business Regulation Division of the Office of the Secretary of State, or such other person as the Secretary of State may by order designate.(5) As used in the Act and herein,"encumbrance" shall be defined as a claim, lien, charge, or liability attached to and binding real property; e.g., a mortgage; judgment lien; lease; security interest; easement or right of way; accrued and unpaid taxes.(6) As used in the Act and herein,"immediately" shall mean by close of business on the day following a filing, which includes but is not limited to, an amendment, a modification, an action or a request.(7) As used in the Act and herein, "insolvent" shall be defined as either having liabilities that exceed assets or obligations that cannot be met as they mature.(8) As used in the Act and herein,"promptly" shall be defined as seven (7) to ten (10) days following a filing, which includes but is not limited to, an amendment, a modification, an action or a request.(9) As used herein, all references to "the Secretary of State" or "Secretary of State" refer to the Secretary of State of the State of Georgia.Ga. Comp. R. & Regs. R. 590-3-1-.01
O.C.G.A. Secs. 10-14-14, 44-3-139.
Original Rule entitled "Definitions" was filed as Emergency Rule 590-3-1-0.8-.01 on July 7, 1983; effective July 1, 1983, the date of adoption, to remain in effect for 120 days or until the effective date of a permanent Rule covering the same subject matter is adopted, as specified by the Agency.Amended: Permanent Rule of the same title adopted. Filed September 9, 1983; effective October 5, 1983, as specified by the Agency.Amended: Filed December 20, 1988; effective January 9, 1989.Repealed: New Rule, same title adopted. F. July 26, 2000; eff. August 15, 2000. Amended: F. Dec. 11, 2003; eff. Dec. 31, 2003. Repealed: New Rule of same title adopted. F. May 19, 2005; eff. June 8, 2005.