§ 65-57. Licenses for sales organizations, management organizations and brokers.
§ 65‑57. Licenses forsales organizations, management organizations and brokers.
(a) No legal entityshall engage in the business of a cemetery sales organization, a cemeterymanagement organization or a cemetery broker except as authorized by thisArticle, and without first obtaining a license from the Commission.
(b) Any legal entitywishing to establish and operate the business of a cemetery sales organization,a cemetery management organization or a cemetery broker shall file a writtenapplication for authority with the Commission on forms provided by theCommission which must contain such of the following documents and informationas may be required by the Commission:
(1) The appointment of aNorth Carolina resident to receive service of any lawful process in anynoncriminal proceedings arising under this Chapter against the applicant, itsprincipal owners, principal stockholders, directors and general manager ortheir personal representatives.
(2) The states or otherjurisdictions in which the applicant presently is conducting the businessactivity applied for or other similar businesses and any adverse order,judgment or decree entered against the applicant in each jurisdiction or by anycourt.
(3) The applicant'sname, address and the form, date and jurisdiction of the organization and theaddress of each of its offices within or without this State.
(4) The name, address,principal occupation for the past five years of every director and officer ofthe applicant or person occupying a similar status or performing similarfunctions.
(5) Copies of thearticles of incorporation or articles of partnership or joint venture agreementor other instrument establishing the legal entity of the applicant.
(c) The applicationshall be accompanied by an initial filing fee to be set by the Commission in anamount not to exceed one thousand dollars ($1,000) for cemetery salesorganization and cemetery management organization and an initial filing fee tobe set by the Commission in an amount not to exceed five hundred dollars($500.00) for a cemetery broker. If ninety percent (90%) or more of theapplicant is owned by an existing cemetery company operating under the NorthCarolina Cemetery Act, then the initial filing fee shall be one half of thesums set out herein. On or before July 1 of each year, each licensed cemeterysales organization, cemetery management organization, or cemetery broker shallpay a license renewal fee to be set by the Commission in an amount not toexceed six hundred dollars ($600.00) per year.
(d) Upon receipt of theapplication and filing fee, the Commission shall cause an investigation to bemade of the legal entity to conduct the business applied for and thequalification of said legal entity to do business in North Carolina.
(e) The Commission,after receipt of the investigation report, shall grant or refuse to grant theauthority to organize the organization applied for after it determines that theapplicant possesses good character and general fitness or, in the case of abusiness association, employs and is directed by personnel of good characterand general fitness.
(f) If the Commissionintends to deny an application, it shall give written notice to the applicantof its intention to deny. The notice shall state a time and a place for hearingbefore the Commission and a summary statement of the reasons for the proposeddenial. The notice of intent shall be mailed by certified mail to the applicantat the address stated in the application at least 15 days prior to thescheduled hearing date. Any appeals from the Commission's decision shall be tothe court having jurisdiction of the applicant, or in the event of an out‑of‑stateapplicant, then to the court having jurisdiction of the Commission.
(g) If the Commissionintends to grant the authority, it shall give written notice that the authorityto organize the business applied for has been granted and that a license tooperate will be issued upon presentment to the Commission of a statement ofemployment between the applicant and the cemetery or cemeteries to be servicedthereby.
(h) Any person or anycemetery sales organization or any cemetery management organization or anycemetery broker violating the provisions of this section is guilty of a Class 1misdemeanor, and shall be subject to revocation of the license to operate. (1975, c. 768, s. 1; 1977, c.686, ss. 9, 10; 1993, c. 539, s. 500; 1994, Ex. Sess., c. 24, s. 14(c); 2004‑202,s. 3.)