La. Admin. Code tit. 46 § XIII-709

Current through Register Vol. 50, No. 11, November 20, 2024

Section XIII-709 - Refusal to Grant or Renew Certificate of Authority or License [Formerly section 707]

A. If the director or directors designee refuses to grant or renew any certificate of authority to engage in the business of a cemetery, or the applicant has unresolved or outstanding violations of title 8 or these rules and/or is subject to a pending investigation for violation of title 8 or these rules, the director or directors designee shall give the applicant written notice of the decision and all of his or her reasons therefor. The applicant shall have 30 days after receipt of notice of the decision in which to initiate an adjudication proceeding before the board in accordance with §1101 et seq. If no such proceeding is initiated, the action shall be deemed a final decision of the board.

B. If the director or directors designee refuses to grant or renew any license to engage in the business of a cemetery sales organization or a cemetery management organization, or the applicant has unresolved or outstanding violations of title 8 or these rules and/or is subject to a pending investigation for violation of title 8 or these rules, the director or directors designee shall give the applicant written notice of the decision and all of his or her reasons therefor. The applicant shall have 30 days after receipt of notice of the decision in which to initiate an adjudication proceeding before the board in accordance with §1101 et seq. If no such proceeding is initiated, the action shall be deemed a final decision of the board.

C. The board may require the applicant to pay the costs of the adjudication proceeding.

La. Admin. Code tit. 46, § XIII-709

Promulgated by the Department of Commerce, Cemetery Board, LR 1:522 (December 1975), amended by the Office of the Governor, Cemetery Board, LR 39:2741 (October 2013), Amended by LR 432150 (11/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 8:67.