The Bureau of Commercial Services, Licensing Division
within the Department of Licensing and Regulatory Affairs licenses cemeteries. Statutory authority for the
regulation of cemeteries can be found in Act 251 of the Public Acts of 1968, as
amended. The Act requires the Cemetery Commissioner to audit cemetery trust
funds, approve cemetery ownership changes, investigate applications for new
cemeteries, and investigate complaints from the public regarding cemeteries.
Cemeteries owned and operated by a municipality, church or religious institution are exempt from the Act.
New! Renewals
for these tasks are accessible through the Michigan Business One Stop portal.
A. NAME OF PERMIT OR APPROVAL:
Application for Permit to Establish a New
Cemetery
Application for Permit to Establish a New
Crematory
Application for Approval of Cemetery Change
of Control
Other Cemetery forms
B. STATUTORY AUTHORITY:
PA 251 of 1968 (Cemetery Regulation Act)
C. APPLICABLE REGULATION:
Administrative Rules
Cemetery Corporations Act 87 of 1855
Cremation Companies Act 58 of 1915
Rural Cemetery Corporations Act 12 of 1869
D. SUMMARY OF PERMIT/APPROVAL PROCESS:
1.
Applicability (activities that require the permit)
Each person operating a cemetery shall register the cemetery by filing with
the commissioner a registration application before June 2 of each year, on a
form furnished by the commissioner, and accompanied by the registration fee. A
registration expires on July 1 of each year.
2.
Pre-Application Requirements
If a person proposes to purchase or otherwise acquire a controlling interest
in an existing cemetery company, that person shall first apply to the
commissioner for a certificate of approval of a proposed change of control of a
cemetery company. The application shall contain the name and address of the
proposed new owner or operator and other information as the commissioner
requires. The commissioner shall issue a certificate of approval only after he
or she is satisfied that the proposed new owner is qualified by character,
experience, and financial responsibility to control and operate the cemetery in
a legal and proper manner, and that the interest of the public generally will
not be jeopardized by the proposed change in ownership and management. The
application for a purchase or change of control must be accompanied by an
initial filing or investigation fee of $1,500.00. If a person fails to comply
with this section, the commissioner shall order that an administrative hearing
be held. If a transfer of controlling interest is found to have taken place
without prior commissioner approval, the commissioner may suspend or revoke the
registration of the cemetery or take other appropriate action until it
demonstrates compliance with this section.
3.
Application Submission Requirements
Applicants must submit a signed application form and the information that is
specified in of P.A. 251 of 1968, as amended (Occupational Code) laws and/or
rules and directions for completing an application.
4.
Procedures and Time-Frame for Obtaining Permit or Approval
N/A
5.
Operational Requirements
N/A
6.
Fees
Application fees:
- Approval of Cemetery Change
of Control - $1,500.00
- Permit to Establish New
Cemetery - $1,500.00
- Permit to Establish New
Crematory - $1,500.00
7.
Appeal Process
N/A
8.
Public Input Opportunities
The public has an opportunity to provide input in various ways. Typical
opportunities for input are when administrative rules are being considered at a
Public Hearing. The public has an opportunity to address specific draft rules
or the rule set overall either in writing or by testimony at the hearing. At
open Board Meetings, the public is given an opportunity to address the board on
either specific items or in general. At any time a member of the public wishes
to address a Bureau practice, policy or procedure, a letter to the Bureau
Director may be sent. The Bureau also receives many inquiries or comments by
way of letters to the Governor regarding Bureau operations or specific
licensure applications.
E. Contact Information:
Contact
Us
Creation/Revision Date:
September
22, 2010
