The Bureau of Commercial Services, Licensing Division within the Department of Licensing and Regulatory Affairs regulates prepaid funeral providers and cemetery sales. Regulation of prepaid funeral and cemetery contracts in Michigan was created under Public Act 255 of 1986. The act regulates the sale and provision of certain funeral and cemetery merchandise and services and the use of funds received by sellers and providers of these goods and services. Individuals or companies who sell prepaid funeral and cemetery contracts must be registered with the department. The Department currently oversees the practice of approximately 582 prepaid funeral and cemetery sellers and providers.

New!  Renewals for these tasks are accessible through the Michigan Business One Stop portal.

A. NAME OF REGISTRATION OR APPROVAL:

Prepaid Funeral Provider and Cemetery Sales application form

Other Prepaid Funeral Provider and Cemetery Sales forms

B. STATUTORY AUTHORITY:

PA 255 of 1986 (Prepaid Funeral Provider and Cemetery Sales Act)

C. APPLICABLE REGULATION:

Administrative Rules

D. SUMMARY OF REGISTRATION/APPROVAL PROCESS:

 1.  Applicability (activities that require registration)

A person may not sell, provide or agree to provide funeral goods and services unless that person is registered with this department. To become registered as a prepaid funeral contract provider the applicant must file an Application For Seller/Provider Registration.

If a business entity is applying for the registration the application must include copies of the paperwork filed to form the business entity (e.g., certificate of assumed name, certificate of co-partnership, article of incorporation, articles of organization, etc.) at Bureau of Commercial Services, Corporation Division and must list all partners, members, officers, directors and each shareholder holding 10% or more interest in the business entity. The application must also list the names and addresses of escrow agents with whom funds have or will be deposited.

 2.  Pre-Application Requirements

N/A

 3.  Application Submission Requirements

Applicants must submit a signed application form and the information that is specified in P.A. 255 of 1986, as amended (Prepaid Funeral Provider and Cemetery Sales Act) laws and/or rules and directions for completing an application.

 4.  Procedures and Time-Frame for Obtaining Registration Approval

N/A

 5.  Operational Requirements

N/A

 6.  Fees

 7.  Appeal Process

For the occupations regulated under the Occupational Code, this generally describes the procedure that is followed when an applicant for a license has received a formal denial of the application. The Code calls what they file a Petition for Review and requires that the Department receive it within 30 days. The appeal/petition is placed on the board agenda for the next regularly scheduled board meeting. The Petitioner files a written request to appeal that is accompanied by any documents which would substantiate their reason why the denial should be overturned and a license granted. The two main categories of denial are: lack of good moral character and failure to meet the license requirements (lack of education, experience, failed exam, etc.) The Board and Department hear the appeal/Petition during the meeting. The Board vote must be agreed upon by the Department; in case of the Board voting to overturn the denial and the Department disagreeing (wanting the denial to stand), the Department has the final decision. If the Petitioner is in attendance, the Petitioner knows the outcome then but either way a letter outlining the results is mailed to the Petitioner. Should the Petitioner wish to appeal an upheld denial determination made at the Board meeting, the next step would be filing in Circuit Court. If the occupation is not under the Occupational Code, the Bureau Director would hear the appeal and any upheld denial by the Bureau Director could also be appealed to Circuit Court.

 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 29, 2010