§ 65-58. Licenses for persons selling preneed grave space.
§ 65‑58. Licenses forpersons selling preneed grave space.
(a) No person shalloffer to sell preneed grave spaces, mausoleum crypts, niches, memorials, vaultsor any other preneed cemetery merchandise or services under any plan authorizedfor any cemetery, cemetery sales group, or cemetery management group, beforeobtaining a license from the Commission.
(b) Persons wishing toobtain a license shall file a written application with the Commission on formsprovided by the Commission. The Commission may require such information anddocuments as it deems necessary to protect the public interest.
(c) The applicationshall be accompanied by a filing fee to be set by the Commission in an amountnot to exceed one hundred dollars ($100.00) to cover the expenses of processingand investigation. After processing and investigation, the Commission shallgrant, or refuse to grant, the license applied for. The license fee for a two‑yearterm shall be set by the Commission but shall not exceed one hundred dollars($100.00).
(d) If the Commissionrefuses to grant the license applied for, it shall give written notice to theapplicant. The notice shall state a time and a place for hearing before theCommission, and a summary statement of the reasons for the refusal to grant thelicense. The notice shall be mailed by registered mail or certified mail to theapplicant at the address stated in the application at least 30 days prior tothe scheduled hearing date.
(e) If the Commissionintends to grant the license, it shall give written notice that the licensewill be issued upon presentment to the Commission of a duly executed statementof employment between the applicant and the cemetery or cemeteries to beserviced thereby.
(f) The provisions ofArticle 4 of Chapter 150B of the General Statutes of North Carolina relating to"Judicial Review" shall apply to appeals or petitions for judicialreview by any person or persons aggrieved by an order or decision of theCommission.
(g) Repealed by SessionLaws 1977, c. 686, s. 12. (1943, c. 644, s. 15; 1967, c. 1009, s. 14; 1975, c.768, s. 1; 1977, c. 686, ss. 11, 12; 1987, c. 827, s. 1; 2004‑202, s. 4.)