N.J. Admin. Code § 13:44J-13.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 13:44J-13.1 - Application for certificate of authority

(a) Every cemetery company shall hold a certificate of authority issued by the Board. All cemetery companies shall apply for this certificate to the Board pursuant to (c) or (f) below, as applicable.

(b) A cemetery company which exists solely for the maintenance and preservation of the cemetery shall have a certificate of authority and shall apply for the certificate pursuant to this section, but shall not pay an application fee.

(c) A cemetery company organized before December 1, 1971 applying for a certificate of authority shall submit to the Board:

1. A completed certificate of authority application;

2. A completed information sheet;

3. An application fee as set forth in N.J.A.C. 13:44J-3.1(a)1 iv(1), made payable to the New Jersey Cemetery Board;

4. A copy of articles of incorporation, charter, and bylaws, and other fundamental organizational documents of the entity;

5. A copy of the applicant's rules and regulations; and

6. A copy of the applicant's charges for interment spaces, niches and services.

(d) The Board may request additional information from the applicant regarding the application.

(e) The Board shall establish a register in which it shall record the applications for certificates of authority and the disposition of applications for all cemetery companies organized on or after December 1, 1971. This register shall be open to inspection by the public during the business hours of the Board. Applications shall be recorded upon receipt by the Board and no action shall be taken on the application for 60 days from the date of receipt of the application.

(f) A cemetery company organized on or after December 1, 1971, applying for a certificate of authority shall submit to the Board:

1. A completed certificate of authority application which shall include the information the Board needs to determine:

i. The necessity for the services the applicant seeks to provide, considering present or future public need and convenience, land or territorial qualifications;

ii. The applicant's fitness and ability to perform proposed services;

iii. The applicant's fitness and ability to conform to N.J.S.A. 45:27-1 et seq. and this chapter; and

iv. The applicant's fitness and ability to comply with health protection rules of the New Jersey Department of Health and Senior Services, the New Jersey Department of Environmental Protection, and a local health authority;

2. A completed information sheet;

3. An application fee as set forth in N.J.A.C. 13:44J-3.1(a)1 iv(1), made payable to the New Jersey Cemetery Board;

4. A copy of the certificate of incorporation pursuant to Title 15A of the New Jersey Statutes;

5. A copy of articles of incorporation and/or charter, and bylaws;

6. A copy of the applicant's rules and regulations;

7. A copy of the applicant's charges for interment spaces, niches and services;

8. A map of the cemetery, such as a tax map; and

9. A statement and supporting evidence, if any, that the cemetery company is financially able to establish a Maintenance and Preservation Fund of $ 75,000 pursuant to the requirements of N.J.S.A. 45:27-13, except that a cemetery company that has been engaged in the operation of a cemetery prior to December 1, 1971, shall not be required to provide such a statement.

(g) The Board may request additional information from the applicant regarding the application.

(h) Applications made pursuant to (c) and (f) above shall be made in writing and under oath on forms provided by the Board. Notice that an application has been received shall be provided in the Board agenda for the first meeting following receipt of the application. All applications shall be made available to the public upon request.

(i) Upon receipt of any written objections to an application for a certificate of authority, the Board shall schedule and conduct a public hearing pursuant to N.J.S.A. 52:14B-1 et seq. to decide whether to grant or deny the application. The Board shall notify the objector and the applicant as to when the public hearing will take place.

(j) If the Board receives no written objections to an application for a certificate of authority, it shall decide whether to grant or deny the application at the next regularly scheduled Board meeting that occurs 60 days after receipt of the application.

(k) After the Board has decided whether to grant or deny the cemetery company's application for a certificate of authority, it shall record in the register the grant or denial of the application.

N.J. Admin. Code § 13:44J-13.1

Amended by R.1995 d.581, effective 11/6/1995.
See: 27 New Jersey Register 3122(a), 27 New Jersey Register 4437(a).
Amended R.2000 d.487, effective 12/4/2000.
See: 32 New Jersey Register 3261(a), 32 New Jersey Register 4265(a).
Rewrote the section.
Amended by R.2003 d.399, effective 10/6/2003.
See: 35 New Jersey Register 504(a), 35 New Jersey Register 4726(a).
Amended the N.J.A.C. references in (c)3 and (f)3.
Amended by R.2006 d.203, effective 6/5/2006.
See: 37 N.J.R. 4877(a), 38 N.J.R. 2502(a).
Inserted ", niches" in (c)6 and (f)7; inserted "which shall include the information the Board needs to determine:" at the end of (f)1, inserted (f)1i through (f)1iv and in (f)9, substituted "a Maintenance and Preservation" for "an Initial Balance", "$ 75,000" for "$ 25,000" and "N.J.S.A. 45:27-13" for "N.J.S.A. 8A:4-3"; inserted present (h); and redesignated (h) through (j) as (i) through (k).

Amended by 53 N.J.R. 540(a), effective 4/5/2021