§ 20-17-1011 - Permit -- Amendment.
20-17-1011. Permit -- Amendment.
(a) Whenever it is proposed that any cemetery subject to this subchapter amend its present permit, whether for construction of a mausoleum, reduction of boundaries, reduction or increase in percentage of gross sales proceeds to be placed in the permanent maintenance fund, or other amendment, then the cemetery company shall file an application for amendment of the permit.
(b) The application shall be accompanied by:
(1) A fee of four hundred dollars ($400);
(2) A statement of each proposed amendment;
(3) Statements, documents, and other information necessary to provide justification for the amendment;
(4) If the amendment is for construction of a mausoleum or similar structure, the application shall also include:
(A) Plans and specifications of the structure;
(B) A report of the inspection of the plans by the Department of Health;
(C) A copy of the sales contracts and conveyance documents proposed to be used;
(D) A proposed contribution to the permanent maintenance fund;
(E) A statement of whether the amount of the sales force will be utilized and of how preconstruction sales and interments will be handled;
(F) The location of the proposed structure;
(G) The estimated completion date;
(H) Either of the following, when sales proceeds may be received by the cemetery company prior to completion of construction and payment in full of the structure:
(i) An executed escrow agreement approved by the Arkansas Cemetery Board with a federally insured financial institution or other financial institution approved by the board which provides among other things that one hundred percent (100%) of the sales proceeds collected prior to the completion and payment in full of the structure will be placed into escrow; or
(ii) (a) An executed copy of the construction agreement for the structure which sets forth the total construction cost and the date the construction will be completed with either an executed irrevocable letter of credit from a federally insured financial institution or other financial institution approved by the board equal to one hundred twenty-five percent (125%) of the total cost of the structure, a cash bond posted with a federally insured financial institution or other financial institution approved by the board equal to one hundred thirty percent (130%) of the total cost of the structure, or a construction performance bond payable to the board in the amount equal to the total cost of the structure as set forth in the construction agreement.
(b) All letters of credit and bonds, and their issuers, shall be approved by the board. The letter of credit shall state that the funds provided shall be paid to the board for the purpose of completing the construction of the structure or paying in full the completed structure if not done prior to the completion date set forth in the construction agreement. The construction performance bond shall state that the insurer shall advance the funds necessary to complete the construction of the structure or pay for the completed structure, if not done prior to the date set forth in the construction agreement. The cash bond shall provide that the financial institution shall pay the cash proceeds of the bond upon order of the board. The letters of credit or construction bonds shall state that if the structure is not completed and paid for in full within the maximum time provided for construction under this section, such letters of credit and bonds shall be used to complete and pay for the structure;
(I) Certification of an estimated start date for construction to take place no later than thirty-six (36) months after the date of the permit and further certifying completion within five (5) years after the date of the permit unless extended for good cause by the board; and
(J) Other information necessary to show that construction will be done in a good and workmanlike manner and be fireproof; and
(5) Other information as the board may by rule or order require.
(c) Eight (8) complete copies of the application for the amendment of the permit shall be filed with the Securities Commissioner at least twenty (20) calendar days prior to the meeting at which the board will consider the application.