N.J. Admin. Code § 13:44J-5.2

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

Section 13:44J-5.2 - Cemetery price list; future services; general maintenance charges

(a) Every cemetery company shall have a price list which shall be posted by the cemetery company and filed with the Board pursuant to N.J.S.A. 45:27-18. Except as set forth in (b) below, a charge shall be posted and filed with the Board before it may take effect.

(b) Notwithstanding (a) above, a cemetery company may provide a unique or highly specialized good or service, and charge for that good or service, even if the price for the good or service is not listed on the price list. The following factors shall be considered in determining whether the good or service is unique or highly specialized:

1. The cemetery company has not provided the good or service in recent years or has provided it only rarely; or

2. The nature of the good or service would not be expected to be contained in the price list.

(c) A cemetery company which has no office on the cemetery grounds may satisfy the requirement to post its price list at the cemetery office by having copies of the price list available at the off-premises office and giving a copy of the price list upon request prior to rendering service or making a sale.

(d) The price list may be either printed or typed, but shall not be handwritten. The price list shall contain the name, address and telephone number of the cemetery company, the Certificate of Authority number, and shall be dated. The effective date of the price list shall be no earlier than the date on which the price list is filed with the Board.

(e) A cemetery company shall submit its price list to the Board with its annual Maintenance and Preservation Trust Fund Report. The price list shall supersede all previous price lists of the cemetery company.

(f) The cemetery company may amend its price list for charges for individual items at times other than when its annual Maintenance and Preservation Trust Fund Report is filed, provided that the cemetery company files such amendments with the Board, pays the filing fee as set forth in N.J.A.C. 13:44J-3.1(a)1 iii and posts the amendments at the office of the cemetery company and provides updated price lists upon request. A cemetery company shall not collect an amended charge until the amended price list has been filed with the Board.

(g) Any monies paid to a cemetery company for future services shall be subject to the requirements of N.J.S.A. 2A:102-13 through 17.

(h) A cemetery company may increase the general maintenance charges if the Board approves the increase. The Board shall approve the increase if it, after reviewing the cemetery company's income and operational expenses, finds that the increase is necessary to maintain the cemetery.

N.J. Admin. Code § 13:44J-5.2