46-1-103 - Certificate of registration Temporary permit.
46-1-103. Certificate of registration Temporary permit.
(a) Except as otherwise provided in this chapter, it is a Class A misdemeanor for any cemetery company to operate a cemetery or separate geographical site of a cemetery in this state without a valid certificate of registration for the cemetery or separate site of the cemetery.
(b) An application for registration shall be submitted on the form prescribed by the commissioner. The applicant shall provide on such form:
(1) The location of the cemetery, or separate site of the cemetery;
(2) The name and address of the cemetery company, and, if a corporation, the date of incorporation;
(3) Proof of having established improvement care and pre-need merchandise and services trust funds in accordance with this chapter;
(4) Proof of a map showing all interment sites that will be available for sale and developed or planned for development upon approval of the application; and
(5) Other information that the commissioner may reasonably require.
(c) (1) Upon approval of the application and receipt of a filing fee as set by the commissioner, the commissioner shall issue a certificate of registration to the applicant.
(2) No certificate of registration is transferable.
(d) (1) Upon receipt of a satisfactory application on the prescribed form, the commissioner may issue a temporary permit authorizing operation of a cemetery, if the commissioner determines that:
(A) No cemetery company holds a valid certificate of registration for the cemetery;
(B) No cemetery company has submitted a sufficient application for a certificate of registration for the cemetery; and
(C) Issuance of the temporary permit would be clearly in the public interest.
(2) A temporary permit is subject to the conditions and limitations that the commissioner may set forth.
(3) The commissioner may, upon request, extend the duration of a temporary permit. In no case, however, shall a temporary permit authorize continuous operation of a cemetery for longer than one (1) year.
(4) The commissioner may terminate a temporary permit at any time, by giving written notice to the holder at least ten (10) days before the effective date of the termination.
[Acts 1968, ch. 557, § 1; impl. am. Acts 1971, ch. 137, § 1; Acts 1973, ch. 272, §§ 2, 3; 1976, ch. 773, § 1; 1979, ch. 307, § 3; T.C.A., § 46-103; Acts 1986, ch. 693, §§ 1, 4; 1989, ch. 591, §§ 1, 6, 113; 1992, ch. 922, § 2; 2006, ch. 1012, § 2.]