N.J. Admin. Code § 13:44J-14.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:44J-14.1 - Applications for bulk sales of interment spaces or niches

(a) No bulk sales made by a cemetery company shall become effective until approved by the Board.

(b) No cemetery company shall sell 17 or more interment spaces or niches, in one or more transactions, to a membership or religious corporation or unincorporated association or society without prior Board approval.

(c) The Executive Director of the Board is authorized to grant approval for sales pursuant to (a) above. The Board shall be notified that such approval has been granted at the next regularly scheduled meeting.

(d) An application for approval of a bulk sale shall include the following:

1. A copy of the contract of sale, which shall include the names of the parties, the number of interment spaces or niches to be sold, the location of each, and the sales price;

2. A statement by the cemetery company that:

i. The transaction conforms to 45:27-32;

ii. The cemetery company will deposit into its Maintenance and Preservation Fund at least 15 percent of the current retail gross sales price of comparable graves or at least 10 percent of the current retail gross sale price of comparable crypts or niches as payments are received;

iii. The cemetery company is aware that, except as provided in N.J.A.C. 13:44J-5.3(j), if the purchaser resells or transfers an interment space or niche in the future, at least 15 percent of the current retail gross sales price of comparable interment spaces or niches must be deposited into the Maintenance and Preservation Fund of the cemetery company, and that a credit shall be given for any money previously paid into the Maintenance and Preservation Fund in connection with the interment space or niche; and

iv. The cemetery company is selling the interment spaces or niches in good faith and does not have any knowledge of any intent to resell on the part of the purchaser which would violate 45:27-32;

3. A certified statement by an officer of the membership or religious corporation or unincorporated association or society that provides interment spaces or niches solely for its members and their families that:

i. The purchaser is a membership corporation or religious corporation or society, or an unincorporated association or society;

ii. The purchaser will purchase the spaces pursuant to 45:27-32;

iii. The purchaser will resell or give the interment spaces or niches, or the right to use the interment spaces or niches, purchased in this bulk sale only to members, and the spaces will be provided solely for members and their families;

iv. If the purchaser transfers or resells any interment space or niche in the future, except as provided in N.J.A.C. 13:44J-5.3(j), it will transmit to the cemetery for deposit into the Maintenance and Preservation Fund of the cemetery company at least 15 percent of the current retail gross sales price of comparable interment spaces or niches and that the purchaser shall receive a credit for any money previously paid into the Maintenance and Preservation Fund in connection with the interment space or niche;

v. The purchaser is purchasing the interment spaces or niches in good faith and does not have any intent to resell which would violate 45:27-32;

vi. The purchaser shall send to the cemetery company the name and address of individuals who have the right of interment in an interment space and their next of kin;

vii. The purchaser shall notify the cemetery company when it sells, gives or assigns interment spaces and niches; and

viii. The purchaser shall designate in writing to the cemetery company an agent who has authority to consent to burials in interment spaces or niches owned by it or a change in the agent.

4. A copy of the cemetery company's price list; and

5. An application fee as set forth in 13:44J-3.1(a)1 iv(8).

(e) The Board may request additional information from the cemetery company regarding the application for the sale of spaces.

N.J. Admin. Code § 13:44J-14.1

Recodified from N.J.A.C. 13:44J-13.8(a) and amended by R.2000 d.487, effective 12/4/2000.
See: 32 N.J.R. 3261(a), 32 N.J.R. 4265(a).
Rewrote the section.
Amended by R.2003 d.399, effective 10/6/2003.
See: 35 N.J.R. 504(a), 35 N.J.R. 4726(a).
In (d), added 4.
Amended by R.2006 d.203, effective 6/5/2006.
See: 37 N.J.R. 4877(a), 38 N.J.R. 2502(a).
Section was "Applications for bulk sales of interment spaces". Rewrote (b) and (d).
Amended by R.2008 d.258, effective 9/2/2008.
See: 39 N.J.R. 4548(a), 40 N.J.R. 5049(a).
In (d)3v, deleted "and" from the end; and added (d)3vii and (d)3viii.

Amended by 52 N.J.R. 1849(a), effective 10/5/2020