Section 0780-05-09-.04 - REGISTRATION, RENEWAL AND REINSTATEMENT(1) Every cemetery owner shall apply for a certificate of registration for each cemetery that an owner possesses or controls. Upon approval of the application and receipt of the appropriate nonrefundable filing fee, the Commissioner shall issue a certificate of registration to the applicant.(2) Renewal of a certificate of registration may be effected at any time during the two (2) months preceding the date of expiration, upon submission of an application to the Commissioner on the prescribed form, accompanied by the appropriate renewal fee.(3) An application for renewal shall be accompanied by a form, prescribed by the Commissioner, stating the number of preneed sales made during the preceding renewal period together with the appropriate consumer protection fee as set forth in T.C.A. § 46-1-105.(4) A certificate of registration becomes invalid if not renewed by the expiration date. After a certificate of registration has expired and has become invalid, a cemetery shall only be permitted to fulfill its preneed obligations for burials, to perform at need burials, and to perform basic maintenance of the cemetery property until the late renewal or reinstatement of the certificate of registration is effected.(5) An application for renewal received after the expiration date shall be accompanied by an additional fee for each month or fraction thereof that the application is late. Applications received later than nine (9) months after expiration shall not be renewed under this paragraph.(6) After the expiration of the nine (9) month period in paragraph (5) of this rule, a certificate of registration may, upon proper application to the Commissioner, and upon payment of a reinstatement fee, be reinstated.Tenn. Comp. R. & Regs. 0780-05-09-.04
Original rule filed October 22, 2002; effective January 5, 2003. Repeal and new rule filed November 2, 2007; effective January 16, 2008.Authority: T.C.A. §§ 46-1-103, 46-1-104, 46-1-105, and 46-1-301(b).