N.J. Admin. Code § 13:44J-13.7

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:44J-13.7 - Application for for-profit management certificate of authority

(a) A for-profit entity that managed or operated a cemetery company or companies prior to January 14, 2004, that seeks to continue to manage or operate the same cemetery company or companies shall file with the Board the following:

1. Proof that the for-profit entity managed or operated a cemetery prior to January 14, 2004;

2. The management contract the entity has entered into with the cemetery. Such contracts shall be considered proprietary commercial information pursuant to N.J.S.A. 47:1A-1 et seq.;

3. A completed certificate of authority application;

4. A completed information sheet;

5. 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; and

6. A copy of articles of incorporation and/or charter, and bylaws, if the entity is incorporated.

(b) A for-profit management entity that did not manage or operate a cemetery company prior to January 14, 2004 and which seeks to provide management services for a cemetery company shall apply for a for-profit management services certificate of authority by submitting the following:

1. The management services contract the entity has entered into with the cemetery. Such contracts shall be considered proprietary commercial information pursuant to N.J.S.A. 47:1A-1 et seq.;

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

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

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

iii. 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, or a local health authority;

3. A completed information sheet;

4. 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; and

5. If the entity is incorporated, a copy of articles of incorporation and/or charter, and bylaws.

(c) For purposes of this rule, an entity that only provides sales services for a cemetery company shall not be considered as providing management services for a cemetery company and shall not be required to obtain a certificate of authority.

(d) A for-profit entity shall hold one certificate of authority, regardless of the number of cemeteries for which the entity provides management services.

(e) If the holder of a for-profit management and operation certificate of authority enters into a contract to provide management and operation services for a new cemetery company, it shall submit the contract to provide such services to the Board. Such contracts shall be considered proprietary commercial information pursuant to N.J.S.A. 47:1A-1 et seq.

(f) A holder of a for-profit management services certificate of authority seeking to provide management services for a cemetery company that is not currently receiving management services from the holder of the certificate shall apply to the Board for approval to provide such services by submitting the management contract the entity has entered into with the cemetery. Such contracts shall be considered proprietary commercial information pursuant to N.J.S.A. 47:1A-1 et seq.

(g) A holder of a for-profit management services certificate of authority or a for-profit management and operation certificate of authority shall notify the Board if it ends a management relationship with any cemetery company with which it has contracted.

(h) If the holder of a for-profit management services certificate of authority or a for-profit management and operation certificate of authority ends its management relationship with every cemetery company it has contracted with, the certificate of authority shall expire and the company shall submit the expired certificate of authority to the Board. A company whose certificate of authority has expired shall not provide management services for a cemetery company until it has obtained a new for-profit management certificate of authority pursuant to (b) above.

N.J. Admin. Code § 13:44J-13.7

New Rule, R.2000 d.487, effective 12/4/2000.
See: 32 N.J.R. 3261(a), 32 N.J.R. 4265(a).
Former N.J.A.C. 13:44J-13.7, Application to lease or license unused cemetery lands, recodified as N.J.A.C. 13:44J-13.6.
Amended by R.2003 d.399, effective 10/6/2003.
See: 35 N.J.R. 504(a), 35 N.J.R. 4726(a).
In (b), added 5.
Repealed by R.2006 d.203, effective 6/5/2006.
See: 37 N.J.R. 4877(a), 38 N.J.R. 2502(a).
Section was "Leasing unused cemetery lands to a for-profit entity".
New Rule, R.2010 d.041, effective 5/17/2010.
See: 41 N.J.R. 3027(a), 42 N.J.R. 939(c).