W. Va. Code R. § 150-28-1

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-28-1 - General

1.1. Scope. -- These Rules govern fees for installation of United States Department of Veterans Affairs Grave Markers provided free of charge to families of deceased United States Armed Service veterans.

1.2. Authority. -- W. Va. Code § 24F-1-1 et seq.

1.3. Filing Date. -- January 23, 2006.

1.4. Effective Date. -- March 24, 2006.

1.5. Purpose. -- These Rules establish maximum fees that may be charged by service providers, as defined herein, for the setting and installation of United States Department of Veterans Affairs Grave Markers provided free of charge to families of deceased United States Armed Services veterans.

1.6. Application.

1.6.a. These Rules apply to service providers as defined herein.

1.6.b. If hardship results from the application of any rule or if unusual difficulty is involved in immediately complying with any rule, application may be made to the Commission for the modification of the rule or for temporary or permanent exemption from its provisions. Provided, that no application for modification or exemption will be considered by the Commission unless there is submitted therewith a full and complete justification for such action.

1.6.c. The Service Provider may make application for modification of these Rules. Grounds for modification may include, but are not limited to, changes in cost, market forces, price fluctuations, labor costs, and/or any other relevant market conditions.

1.7. Definitions.

1.7.a. Basic Installation - The permanent installation of a Veteran's Marker on a concrete base not to exceed 28 x 16 inches.

1.7.b. Granite Installation - The permanent installation of a Veteran's Marker on a granite slab with or without a concrete base, where the customer provides the granite, which granite shall not exceed 28 x 16 inches.

1.7.c. Granite Purchase Installation - The permanent installation of a Veteran's Marker mounted on a granite slab with or without a concrete base, where the granite is purchased by the customer from the Service Provider, which granite shall not exceed 28 x 16 inches and be of industry standard color.

1.7.d. Market Price - The price that is listed on a Service Provider's standard price list kept on record, as part of the normal course of business by a Service Provider at the date of the installation of the Veteran's Marker.

1.7.e. Customer - A person or entity requesting installation of a Veteran's Marker as described in 1.7.a. at the grave of a deceased United States Veteran.

1.7.f. Perpetual Care Fee - A Service Provider charge to a Customer to pay for perpetual care of an installed Veteran's Grave Marker.

1.7.g. Service Provider - Any cemetery, cemetery association, cemetery company, and perpetual care cemetery company, irrespective of how each may be defined in W. Va. Code §§ 35-5-1 et seq., 35-5A-1 et seq. and 35-5B-1 et seq., and any company that sets and installs memorial monument markers, that operates within the State of West Virginia, and provides Customers with installation and/or perpetual care of Veterans' Markers.

1.7.h. Veteran's Marker - A marker given to the deceased veteran by the United States Government free of charge. According to the United States Department of Veterans Affairs, the style chosen must be consistent with existing monuments at the place of burial. This free marker shall consist of either of the following:

i. A flat marker in granite, marble, or bronze

ii. Upright headstones in either granite or marble.

W. Va. Code R. § 150-28-1