Section 1249.10  Definitions

 

Terms not defined in this Section shall have the same meaning as in the Cemetery Oversight Act.  The following definitions are applicable for purposes of this Part:

 

"Acre" means a United States survey acre of 43,560 square feet.

 

"Act" means the Cemetery Oversight Act [225 ILCS 411].

 

"Board" means the Cemetery Oversight Board.

 

"Burial index" means a set of burial records, kept alphabetically or chronologically, of sufficient detail to allow an informed person to uniquely locate the place of an interment on a cemetery's map or plat.

 

"Database" means the Cemetery Oversight Database under Section 20-6 of the Act.

 

"Confidential information" means information including a person's social security number, driver's license number, personal finance information, home or personal telephone number, home address, personal email addresses, and other information protected by law.

 

"Department" means the Department of Financial and Professional Regulation.

 

"Director" means the Director of the Division of Professional Regulation with the authority delegated by the Secretary.

 

"Division" means the Department of Financial and Professional Regulation-Division of Professional Regulation.

 

"Examination" means a review of the books, records, operations and affairs of the cemetery authority, including any subsidiary of or entity affiliated with the authority, conducted by a Division investigator.

 

"Renewal cycle" means the time period between either application or the last renewal, whichever is more recent, and the next renewal date under Section 1249.30, typically 2 years for licensees and 4 years for cemetery authorities maintaining a full or partial exemption.

 

"Renewal period" means the time during which the Division accepts renewal applications.

 

"Secretary" means the Secretary of the Department of Financial and Professional Regulation.

 

Section 1249.20  Fees

 

a)         Section 10-55 of the Act sets out initial licensure and licensure renewal fees.

 

b)         General Fees

 

1)         The fee for restoration from inactive status is the current renewal fee. The fee for the restoration of a license other than from inactive status is $50 plus payment of all lapsed renewal fees.

 

2)         The fee for the issuance of a duplicate/replacement license or a certificate issued for a change of name or address, other than during the renewal period, is $20.  No fee is required for name and address changes on Division records when no duplicate license is issued.

 

3)         The fee for a certification of a licensee's regulatory history for any purpose is $20.

 

4)         The fee for a roster of licensees or cemetery workers shall be the actual cost of producing the roster.

 

5)         The fee for approval of a continuing education sponsor is $100.

 

6)         The fee for renewal of approval as a continuing education sponsor is $75.

 

c)         The investigation and mediation fee under Section 25-3 of the Act shall be $150 per hour.

 

d)         The Division may waive fees provided in the Act or in this Part in whole or in part based on hardship.

 

1)         A cemetery authority may apply for a reduction or waiver of any fee based on extreme financial hardship or risk of cemetery abandonment.  To apply, the cemetery shall produce its most recent balance sheet, bank statement, and any other evidence that the Division requires that bears on the cemetery authority's financial status.  A cemetery authority applying for a fee reduction or waiver must do so with the good faith belief that a fee reduction or waiver is necessary to avoid extreme financial hardship or cemetery abandonment.

 

2)         Cemetery Manager or Customer Service Employee

 

A)        A cemetery manager or customer service employee may apply for a reduction or waiver of any fee based on extreme financial hardship or risk of abandoning his or her position at the cemetery.  To apply, the applicant or licensee shall produce:

 

i)          a signed statement from the cemetery authority stating that the cemetery authority is not able to pay the fee on behalf of the applicant or licensee;

 

ii)         a signed statement by the applicant or licensee stating that a fee reduction or waiver is necessary to avoid extreme financial hardship or abandoning his or her position at the cemetery; and

 

iii)        any other evidence that the Division requires that bears on the applicant's or licensee's financial status.

 

B)        A cemetery manager or customer service employee applying for a fee reduction or waiver must do so with the good faith belief that a fee reduction is necessary to avoid extreme financial hardship or abandonment of his or her position at the cemetery.

 

3)         A cemetery authority, cemetery manager or customer service employee tendering a bad faith or frivolous application for a fee reduction or waiver may be subject to disciplinary action for making a material misstatement in furnishing information to the Division under Section 25-10(a)(1) of the Act.

 

e)         The one-time transition fee required by Section 75-55(c) of the Act shall be submitted to the Division, along with the form supplied by the Division, no later than December 15, 2010.  All cemetery authorities not maintaining a full exemption or partial exemption shall pay a one-time fee of $20 to the Department plus an additional charge of $1 per burial within the cemetery during the calendar year 2009.  Invoices issued by the Division in 2010 shall be paid as indicated in the invoice.

 

Section 1249.30  Renewal

 

a)         Beginning with the August 2014 renewal, every cemetery authority, cemetery manager and customer service employee license issued under the Act shall expire on August 31 every 2 years.  Beginning with the August 2016 renewal, every registration as a full exempt or partial exempt cemetery authority issued under the Act shall expire on August 31 every 4 years.  The holder of a license or a registration with full exempt or partial exempt status may renew his or her license or registration during the month preceding the expiration date by paying the required fee set forth in the Act. Any cemetery authority seeking renewal of its full exempt or partial exempt status must also certify to the Division that it continues to qualify for its full exempt or partial exempt status in accordance with Section 5-20 of the Act.

 

b)         It is the responsibility of each fully exempt cemetery authority, partially exempt cemetery authority, and licensee to notify the Division of any change of address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to renew one's license or registration or to pay the renewal fee.  Practicing on an expired license is unlicensed practice and subject to discipline under Section 25-10 of the Act.

 

c)         No cemetery authority shall, after the expiration of a cemetery manager or customer service employee license, permit the holder of the expired license to do any work requiring licensure.

 

Section 1249.40  Inactive Status

 

a)         Cemetery manager or customer service employee licensees who notify the Division, on forms provided by the Division, may place their licenses on inactive status and shall be excused from paying renewal fees until they notify the Division in writing of the intention to resume active practice.

 

b)         Licensees seeking restoration from inactive status shall do so in accordance with Sections 1249.20 and 1249.50.

 

Section 1249.50  Restoration

 

a)         Cemetery manager and customer service employee licensees seeking restoration of a license after it has expired or been placed on inactive status for more than 5 years shall file an application, on forms supplied by the Division, together with the following:

 

1)         The restoration fees specified in Section 1249.20.  When restoring a license from inactive status, a licensee is required to pay the current renewal fee set forth in the Act;

 

2)         Proof of completion of the required number of continuing education (CE) hours for one renewal cycle as specified in Section 1249.220.  Acceptable proof of completion shall be in the form of certificates of attendance provided by approved sponsors of CE programs; and

 

3)         One of the following:

 

A)        Sworn evidence of active practice in another jurisdiction.  The evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of the active practice or, if the profession is not licensed in the other jurisdiction, a statement from the licensee's employer;

 

B)        Sworn statement that the license expired or was placed on inactive status while the licensee was engaged in federal service on active duty with the Army of the United States, the United States Navy, the Marine Corps, the Air Force, the Coast Guard, or the State Militia called into the service or training of the United States of America and that the sworn statement is received by the Division within 2 years after the licensee's termination of service other than by dishonorable discharge;

 

C)        Sworn statement that the license expired or was placed on inactive status while the licensee was training or being educated under the supervision of the United States prior to induction into the military service and that the sworn statement is received by the Division within 2 years after the licensee's completion of the training or education or termination of training or education other than by dishonorable discharge; or

 

D)        Evidence of successful completion of a certification course as specified in the Act and Section 1249.210 or of other education or experience acceptable to the Division of the licensee's fitness to have the license restored.

 

b)         A licensee seeking restoration of a license that has expired or been on inactive status for less than 5 years, or has been placed in nonrenewed status for failure to comply with CE requirements, shall file an application on forms provided by the Division, together with the following:

 

1)         The restoration fees specified in Section 1249.20.  When restoring a license from inactive status, a person is required to pay the current renewal fee set forth in the Act; and

 

2)         Proof of completion of the required number of CE hours for one renewal cycle as specified in Section 10-30 of the Act and Section 1249.220.  Acceptable proof of completion shall be in the form of certificates of attendance provided by approved sponsors of CE programs.

 

c)         Any person seeking restoration of a license within 2 years after discharge from military service other than by dishonorable discharge will be required to pay only the current renewal fee and will not be required to submit proof of meeting the CE requirements.

 

d)         When the accuracy of any submitted documentation, or the relevance or sufficiency of the course work or experience, is questioned by the Division because of lack of information, discrepancies, or conflicts in information given, or a need for clarification, the licensee seeking restoration of a license will be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an interview before the Division to explain the relevance or sufficiency, clarify information, or clear up any discrepancies or conflicts in information.

 

Section 1249.60  Cemetery Records and the Cemetery Oversight Database

 

a)         Each cemetery authority not fully exempt under the Act shall answer all questions when prompted by the Database, including information regarding:

 

1)         The section, mausoleum or columbarium;

 

2)         The block, wall or room;

 

3)         The lot or row;

 

4)         The plot, grave, crypt or niche;

 

5)         The term of burial in years, if any;

 

6)         The level or depth in the grave, crypt or niche, if applicable; and

 

7)         The date of interment, inurnment or entombment, as the case may be.

 

b)         A cemetery authority may only renumber or rename sections, blocks, lots, mausoleums, columbariums or any other sub-category of these areas in its internal recordkeeping system as long as the renumbering:

 

1)         Preserves any existing rights to interment, inurnment or entombment; and

 

2)         Does not affect the ability of the cemetery authority, Division or member of the public to locate remains or to find the location of interment, inurnment or entombment rights.

 

c)         When real-time access to the Database through an Internet connection becomes unavailable due to technical problems with the Database incurred by the database provider, the cemetery manager shall cause a record of the interment, entombment or inurnment to be entered into the Database via telephone by contacting the Database provider.  Inability to access the database does not relieve the cemetery authority of the duty to report through other means as provided for by the Database provider or the Division.

 

d)         When a cemetery manager claims obtaining use of an Internet connection would be an undue hardship, the cemetery manager shall provide a written statement to the Secretary describing the reason for the hardship and requesting the use of an alternative mechanism to report interments, entombments or inurnments.  The cemetery manager's written request shall be reviewed by the Secretary and the Secretary may approve or deny the request for an alternative mechanism.  If any entries by the cemetery manager are required by the Act before the cemetery manager receives notice of the Secretary's decision regarding the request, the cemetery manager may cause the required record of the interment, entombment or inurnment to be entered into the Database via telephone by contacting the Database provider.  

 

e)         Every required entry into the Database made before July 1, 2012 shall be accompanied by a fee paid to the Database provider as established by a written agreement between the Department and the Database provider.  All required entries into the Database made on or after July 1, 2012 shall be at no cost to the cemetery authority, and all fees due the Database provider thereafter shall be paid by the Division.

 

Section 1249.70  Granting Variances

 

The Secretary may grant variances from this Part in individual cases when he/she finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No party will be injured by the granting of the variance; and

 

c)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

Section 1249.100  Application for Full Exempt Status

 

Applicants for full exemption from licensure as a cemetery authority shall submit, prior to January 1, 2013, a completed application, on forms provided by the Division and signed by the applicant, on which all questions have been answered, including:

 

a)         The cemetery's name, street and city address, and telephone number.  If a cemetery does not have a telephone on the property, the cemetery authority shall provide the number of the telephone, located at another office of the cemetery authority or the cemetery must designate a phone number, for contact purposes, of someone who has authority over cemetery operations. If the cemetery authority does not receive mail at the street and city address of the cemetery, the cemetery authority shall provide an additional address where mail is or can be received;

 

b)         The cemetery owner's name, home address, and home telephone number or, if the applicant is a corporation, limited liability company, partnership, or other entity permitted by law, then the name and contact information for each principal, owner, member, officer, and shareholder holding 25% or more of corporate stock or other ownership interest;

 

c)         Whether the cemetery qualifies under the exemption defined in Section 5-20(a) of the Act as a family burying ground or religious burying ground, as a cemetery authority that has not engaged in an interment, inurnment or entombment of human remains within the last 10 years, or as a cemetery authority that is less than 3 acres;

 

d)         The size of the cemetery land in acres; and

 

e)         Any other information that the Division requests.

 

Section 1249.110  Application for Partial Exempt Status

 

Applicants for partial exemption from licensure as a cemetery authority shall submit, prior to January 1, 2013:

 

a)         The applicable fee in Section 10-55 of the Act.

 

b)         A completed application, on forms provided by the Division and signed by the applicant, on which all questions have been answered, including:

 

1)         The cemetery's name, street and city address, and telephone number.  If a cemetery does not have a telephone on the property, the cemetery authority shall provide the number of the telephone located at another office of the cemetery authority or the cemetery must designate a phone number, for contact purposes, of someone who has authority over cemetery operations. If the cemetery authority does not receive mail at the street and city address of the cemetery, the cemetery authority shall provide an additional address where mail is or can be received;

 

2)         The cemetery owner's name, home address, and home telephone number or, if the applicant is a corporation, limited liability company, partnership, or other entity permitted by law, then the name and contact information for each principal, owner, member, officer, and shareholder holding 25% or more of corporate stock or other ownership interest;

 

3)         Whether the cemetery qualifies under a partial exemption, as defined in Section 5-20(b) of the Act, as a public or religious cemetery or a cemetery authority that has engaged in 25 or fewer interments, inurnments or entombments of human remains for each of the preceding 2 calendar years.  A religious society or association includes a not-for-profit entity formed for a religious purpose;

 

4)         The number of interments, inurnments and entombments at the cemetery for each of the two preceding calendar years; and

 

5)         Any other information that the Division requests.

 

Section 1249.120  Application for Licensure as a Cemetery Authority Not Maintaining a Full or Partial Exemption

 

a)         Applicants for licensure as a cemetery authority not maintaining a full or partial exemption shall submit, prior to January 1, 2013:

 

1)         A completed application, on forms provided by the Division and signed by the applicant, on which all questions have been answered, including:

 

A)        The cemetery's name, street and city address, and telephone number.  If a cemetery does not have a telephone on the property, the cemetery authority shall provide the number of the telephone located at another office of the cemetery authority or the cemetery must designate a phone number, for contact purposes, of someone who has authority over cemetery operations. If the cemetery authority does not receive mail at the street and city address of the cemetery, the cemetery authority shall provide an additional address where mail is or can be received; and

 

B)        The cemetery owner's name, home address, and home telephone number or, if the applicant is a corporation, limited liability company, partnership, or other entity permitted by law, then the name and contact information for each principal, owner, member, officer and shareholder holding 25% or more of corporate stock or other ownership interest;

 

2)         The applicable fee in Section 10-55 of the Act;

 

3)         A statement of assets and liabilities of the cemetery authority and any associated trust funds on forms provided by the Division;

 

4)         Proof that the applicant and, if a corporation or limited liability company, each principal, owner, member, officer and shareholder holding 25% or more of corporate stock or other ownership interest, meet the qualifications provided for in Section 10-21(a) of the Act as a condition of licensure;

 

5)         Authorization to conduct a criminal background check;

 

6)         If a partnership, a copy of the partnership agreement or, if no agreement exists, a list of partners and each partner's ownership interests; if a corporation, a copy of the Articles of Incorporation and a Certificate of Good Standing issued by the Secretary of State within the previous 60 days; if a foreign corporation, a copy of the authorization to conduct business in Illinois; if a limited liability company, a copy of the Articles of Organization and a Certificate of Good Standing issued by the Secretary of State within the previous 60 days; or, if another entity permitted by law, a copy of the relevant document creating the entity; and

 

7)         Any other information required by the Division.

 

b)         Licensure Requirements for Multiple Locations.  When a cemetery authority is applying for licensure at more than one location, the cemetery authority shall submit an application and provide an application fee in accordance with Section 10-55 of the Act and subsection (a) of this Section for each location. If all requirements are met, each location shall be issued a separate license.

 

Section 1249.130  Change of Status

 

A cemetery authority that has been issued a license or has been approved for full exempt status or partial exempt status by the Division shall report to the Division, on forms provided by the Division, any change in status that causes the cemetery authority to no longer require licensure or to be disqualified from maintaining full exempt status or partial exempt status. The report shall be made by the cemetery authority within 90 days after the change in status. Upon request by the Division, the cemetery authority shall provide further information or documentation relating to legal status, ownership, operations, finances or other matters required to assist the Division in determining the appropriate status of the cemetery authority or the eligibility of the cemetery authority for any fee waiver or variance authorized under this Part. Pursuant to the determination made by the Division, the cemetery authority shall make the appropriate application to the Division in accordance with this Section and/or Section 1249.30, 1249.100, 1249.110 or 1249.120 within one year following the date of the change in status.

 

Section 1249.140  Change of Ownership

 

a)         At least 30 days prior to the effective date of a change in ownership of a cemetery authority subject to the Act, a new application shall be filed with the Division in accordance with Section 1249.100, 1249.110 or 1249.120.

 

b)         Change of ownership is defined as, but not limited to:

 

1)         Whenever a person, partnership, corporation, limited liability company, government entity, or other legal entity comes to obtain 51% ownership of the cemetery authority after initial licensure or after application for full exempt or partial exempt status; or

 

2)         Change in the legal form under which the controlling entity is organized.

 

Section 1249.150  Signage and Consumer Brochure

 

a)         Every licensed cemetery authority and cemetery authority maintaining a partial exemption must conspicuously post the sign required by Section 20-30 of the Act and provided by the Division (contains the Division's consumer hotline number, information on how to file a complaint, and any other information the Division deems appropriate).  The sign shall be posted in color in each office where the cemetery authority conducts business with consumers and in each office where the cemetery authority makes contact with the public. If transactions with consumers or contact with the public occurs in a residence or office that is used primarily for business unrelated to the death care industry, the sign must be in clear view of the cemetery consumer or member of the public when that individual is present. The sign will be available to download on the Division's website. If the cemetery authority does not maintain an office, then it is not required to post the sign.

 

b)         Every licensed cemetery authority and cemetery authority maintaining a partial exemption must make available for potential consumers and visitors of the cemetery the consumer brochure provided by the Division that contains the Division's consumer hotline number, information on how to file a complaint, and any other information the Division deems appropriate.  The brochure will be available to download on the Division's website.  If the cemetery authority does not maintain an office, then it is not required to have the brochure available.

 

Section 1249.200  Application

 

An applicant for licensure as a cemetery manager or customer service employee under the Act shall file a completed application, on forms provided by the Division, with the applicable fee from Section 10-55 of the Act. The application shall include the following:

 

a)         Social Security Number and date of birth;

 

b)         Address of residence;

 

c)         Verification of successful completion of high school, the General Education Development (GED) tests, or possession of a High School Equivalency Diploma (HSED);

 

d)         Attestation that the applicant will, within one year after filing application, successfully complete a certification program approved by the Division;

 

e)         Authorization to conduct a criminal background check;

 

f)         Proof that the applicant meets the qualifications provided for in Section 10-21(b) of the Act as a condition of licensure;

 

g)         Name of cemetery authority employing the applicant, if any; and

 

h)         Any other information required by the Division.

 

Section 1249.210  Certification Programs

 

a)         A death care trade association meeting the qualifications established in Section 10-25 of the Act and intending to offer certification programs for cemetery manager and customer service employee applicants shall first obtain the approval of the Division by making application on forms provided by the Division. The application shall include:

 

1)         verification that the death care trade association has been in existence for more than 5 years;

 

2)         an outline of the program, materials to be used in instruction or as study guides, a bank of test questions to be used to formulate the examination, and the fee for the program; and

 

3)         the locations where the program will be offered and a description of each facility. A program provider shall only conduct the program in locations that are conducive to learning and that establish a controlled environment to promote the integrity of the examination. The Division may conduct an inspection of the facility during regular business hours.

 

b)         An approved program provider shall provide notice to the Division of any change in the information reported to the Division at time of application within 30 days after the change. The Division may withdraw its approval of the program in the event that any change results in non-compliance with the requirements of the Act or this Part.

 

c)         An approved program provider shall provide each applicant with a hard copy or digital copy of the materials to be used in instruction or as study guides, as submitted to the Division.

 

d)         The program provider shall provide to each applicant successfully passing the examination a certificate evidencing his or her successful completion of the program.

 

e)         The program provider shall submit a monthly report to the Division listing the names of persons certified that month and whether the certification is for cemetery manager or customer service employee.

 

f)         The program provider shall maintain for each applicant a record of the program undertaken, dates of attendance, and whether certification was issued to the applicant and, if so, the date of issuance. All records shall be maintained by the program provider for a period of 5 years and shall be made available to the applicant or to the Division upon request during regular business hours.

 

g)         No approved program provider shall advertise that it is endorsed, recommended or accredited by the Division. The program provider may indicate that it is approved by the Division to provide the certification program.

 

Section 1249.220  Continuing Education

 

a)         Pursuant to Section 10-30 of the Act, every cemetery manager shall complete 6 hours of continuing education (CE) during each renewal cycle, and every customer service employee shall complete 3 hours of CE during each renewal cycle.

 

b)         CE credit may be earned as follows:

 

1)         Verified attendance at or participation in a program given by a sponsor as set forth in this Section.

 

2)         For a maximum of half of the required CE hours per renewal cycle:

 

A)        Personal preparation of an educational presentation pertaining to cemetery management and/or the practice of providing customer service at a cemetery that is orally delivered before a recognized professional cemetery organization;

 

B)        Writing of educational articles pertaining to cemetery management and/or the practice of providing customer service at a cemetery and having them published in recognized cemetery industry journals, trade publications, newsletters, or other publications upon approval by the Division;

 

C)        Completion of self-study courses taken through an accredited college or university or an approved sponsor. Self-study courses designed for CE credit must include an examination that tests the skills of the licensee and is of sufficient depth that answers are not readily apparent and have not been provided to the licensee. Sponsors have the obligation to craft examinations in ways to prevent candidates from obtaining unearned credit; and/or

 

D)        A licensee who serves as an instructor, speaker or discussion leader of an approved course will be allowed CE course credit for actual presentation time, plus actual preparation time of up to 2 hours for each hour of presentation.  Preparation time shall not be allowed for repetitious presentations of the same course and will only be allowed for additional study or research.

 

3)         The CE hours used to satisfy the CE requirements for renewal of an applicable license held in another jurisdiction shall be applied to fulfillment of the CE requirements for renewal of the applicant's Illinois license, upon approval by the Division.

 

4)         A CE hour means a minimum of 50 minutes of actual continuing education spent by a licensee in actual attendance at and completion of an approved CE activity.  A CE program shall not be presented during a dinner or social function.  The dinner or social function must be concluded before the CE program commences or be held after the CE program is completed.  If the program involves one or more hours of education, credit may be issued in one-half hour increments.

 

5)         Credit will not be given for activities that are not included in this subsection (b).

 

c)         CE Sponsors and Programs

 

1)         Sponsor, as used in this Section, shall mean any death care trade association, school, college or university, State agency or any other person, firm or association that has been approved and authorized by the Division to coordinate and present CE courses and programs in conjunction with this Section.

 

2)         A sponsor intending to offer CE courses and programs shall first obtain the approval of the Division by making application on forms provided by the Division and including the required fee under Section 1249.20. The application shall certify the following:

 

A)        That all courses and programs offered by the sponsor for CE credit will comply with the criteria in this Section;

 

B)        That the sponsor will be responsible for verifying attendance at each course or program and will provide a certificate of completion as set forth in this Section;

 

C)        That, upon request by the Division, the sponsor will submit evidence necessary to establish compliance with this Section.  The evidence shall be required when the Division has reason to believe that there is not full compliance with the Act and this Part and that this information is necessary to ensure compliance; and

 

D)        The sponsor shall report the locations where the courses or programs will be offered and a description of each facility. A sponsor shall only conduct courses and programs in locations that are conducive to learning. The Division may conduct an inspection of the facility during regular business hours.

 

3)         The approval of a sponsor by the Division shall be valid for a period of 4 years or until August 31, 2016, whichever comes first.  Sponsor approvals issued after August 31, 2016 will expire every 4 years thereafter.

 

4)         All courses and programs shall:

 

A)        Contain materials that contribute to the advancement, extension and enhancement of professional skills and knowledge in the practice of cemetery management and/or providing customer service at a cemetery.  The course content shall be designed to focus on such advancement and enhancement of professional skills and knowledge;

 

B)        Specify the course objectives, course content and teaching methods;

 

C)        Be developed and presented by persons with education and/or experience in the subject matter of the program;

           

D)        Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal; and

 

E)        Include some mechanism through which participants evaluate the overall quality and content of the program.

 

5)         All programs given by sponsors should be open to all licensees and not be limited to the members of a single organization or group.

 

6)         Certificate of Attendance or Participation.  It shall be the responsibility of the sponsor to provide each participant in an approved program or course with a certificate of attendance or participation that shall contain the following information:

 

A)        The name and address of the sponsor;

 

B)        The name and license number of the participant;

 

C)        A brief statement of the subject matter;

 

D)        The number of CE hours awarded in each program;

 

E)        The date and place of the program; and

 

F)         The signature of the sponsor.

 

7)         The certificate of attendance shall be distributed following the educational program or otherwise be provided to the attendee by the sponsor, by such means as mailing the certificate or summary of attendance.

 

8)         The sponsor shall maintain course materials and attendance records containing all information in subsection (c)(5) for not less than 5 years, except for the signature of the sponsor.

 

9)         The sponsor shall be responsible for assuring that no participant shall receive CE credit for time not actually spent attending the program.

 

10)        If it is determined after a hearing before the Division that a sponsor has failed to comply with the foregoing requirements, the Division shall thereafter refuse to accept for CE credit attendance at any of the sponsor's CE activities until such time as the Division receives assurances of compliance with this Section.

 

11)        Notwithstanding any other provision of this Section, the Division may evaluate any sponsor of any CE program at any time.

 

12)        The Division shall maintain a list of all approved CE sponsors.

 

13)        No approved CE sponsor shall advertise that it is endorsed, recommended or accredited by the Division. The sponsor may indicate that it is approved by the Division to provide CE courses and programs.

 

d)         Certification of Compliance with CE Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsection (a).

 

2)         The Division may require additional evidence demonstrating compliance with the CE requirements.  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

 

3)         The Division may conduct random audits to verify compliance with this Section.

 

e)         Waiver of CE Requirements

 

1)         In cases of extreme hardship, a renewal applicant seeking renewal of a license without having fully complied with these CE requirements may file with the Division a request for waiver of the CE requirements with his or her renewal application, the required renewal fee, and a statement setting forth the facts concerning the non-compliance.  If the Division finds from the evidence submitted that extreme hardship has been shown, the Division may waive enforcement of CE requirements for that renewal cycle.

 

2)         Extreme hardship shall be determined on an individual basis by the Division and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable renewal cycle because of:

 

A)        Full-time service in the Armed Forces of the United States during a substantial part of the renewal cycle;

 

B)        An incapacitating illness, documented by a currently licensed physician;

 

C)        A physical inability to travel to the sites of approved programs documented by a currently licensed physician; or

 

D)        Other similar extenuating circumstances (i.e., family illness, prolonged hospitalization or advanced age).

 

3)         Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver pursuant to the provisions of this subsection (e) shall be deemed to be in good standing until the Division's final decision on the application has been made.

 

4)         Any applicant who submits a request for waiver that is denied may then request his or her license be placed on inactive status.  The applicant shall comply with the CE requirements prior to restoration of the license from inactive status in accordance with Section 1249.50 of this Part.

 

Section 1249.300  Mediation of Complaints against Cemetery Authorities Maintaining a Partial Exemption

 

For the purpose of conducting mediation of a complaint pursuant to Section 25-3 of the Act, the Secretary may appoint a Division representative who shall act as the mediator according to accepted standards of alternative dispute resolution. The fee for the investigation and mediation specified in Section 1249.20 shall be paid for by the cemetery authority if the mediator determines that the complaint is not frivolous.  The cost of investigation and mediation of complaints deemed frivolous by the Division shall be borne by the Division.

 

Section 1249.310  Violation Citations

 

a)         In lieu of the disciplinary procedures contained in Section 25-10 of the Act, the Division may dispose of any violation designated in this Section by issuing a citation to the subject within six months after the Division receives notice of the violation.

 

b)         The following are violations that may result in a fine through the citation process:

 

1)         Failure to notify the Division within 14 days after any change of address in accordance with Section 5-15 of the Act;

 

2)         Failure to maintain the cemetery in accordance with Section 20-5 of the Act. A cemetery authority maintaining a partial exemption may elect mediation under Section 1249.300 in place of accepting a citation for this violation;

 

3)         Failure to comply with the vehicle traffic control procedures under Section 20-8 of the Act;

 

4)         Failure to display a license in violation of Section 20-20 of the Act; or

 

5)         Failure of a licensee to respond to a written request within 10 days in violation of Section 25-10(a)(8) of the Act.

 

c)         Fines imposed under this Section shall not exceed $500 per violation.

 

Section 1249.320  Opportunity to Cure Violation

 

a)         A cemetery authority accused of violating Section 20-5 of the Act shall have a reasonable opportunity to cure the violation.  The cemetery authority shall have 10 business days from receipt of notice to cure the violation.  The opportunity of a cemetery authority maintaining a partial exemption to file a written response to a complaint pursuant to Section 25-3(b)(2) of the Act shall include the opportunity to cure the violation as provided in this Section.

 

b)         If a cemetery authority cannot cure the violation in the time allotted by subsection (a), the cemetery authority may request a time extension in order to cure the violation.  The request for an extension shall be made in writing to the Division and must be postmarked within the time allotted to cure in subsection (a).  The request shall outline all reasons for the extension and an estimated date by which the cure will be accomplished.  Acceptable reasons include, but are not limited to, delays caused by weather conditions, season or climate; equipment failures or acquisitions of materials or supplies being addressed by the authority in a timely manner; unexpected temporary absences of personnel; etc.  The Division may approve or deny the extension.  If the extension is denied, the cemetery authority must cure the violation within 10 days after the date of receipt of the Division's extension denial.

 

Section 1249.330  Professional Standards

 

a)         "Dishonorable, unethical or unprofessional conduct", as used in Section 25-10(a)(9) of the Act, is defined as follows:

 

1)         In determining what constitutes dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public, the Division shall consider whether the questioned activities:

 

A)        Violate ethical standards of the profession, including the standards set by Section 10-23 of the Act and Section 1249.330;

 

B)        Caused actual harm to any consumer or member of the public; or

 

C)        Are reasonably likely to cause harm to any consumer or member of the public in the future.

 

2)         Dishonorable, unethical or unprofessional conduct includes, but is not limited to:

 

A)        Disclosing financial or other confidential information regarding the deceased or the person providing for the burial;

 

B)        Discrimination based on race, color, sex, sexual orientation, age, religion, national origin or other characteristics protected by applicable laws.  A religious cemetery may restrict its services to those of the same religious faith;

 

C)        Intentionally or recklessly not providing adequate protection in upholding the sanctity of handling and disposition of human remains;

 

D)        Intentionally or recklessly misrepresenting any laws concerning burial or funeral regulations; and

 

E)        Defrauding or deceiving the consumer by misrepresenting goods or services sold.

 

b)         "Professional incompetence", as used in Section 25-10(a)(5) of the Act, is defined as follows:

 

1)         In determining what constitutes professional incompetence, the Division shall consider whether the questioned activities:

 

A)        Violate standards of the profession or rules, regulations or laws governing the cemetery or profession;

 

B)        Caused actual harm to any consumer or member of the public; or

 

C)        Are reasonably likely to cause harm to any consumer or member of the public in the future.

 

2)         Professional incompetence includes, but is not limited to:

 

A)        Negligent failure to keep accurate and complete records, including failure to include all prices of goods/services in the contract or failure to give a receipt for full or partial payment;

 

B)        Negligently misrepresenting rules, regulations or laws governing the cemetery or profession; or

 

C)        Negligently misrepresenting goods or services sold.

 

Section 1249.340  Receivership

 

a)         When a cemetery authority is suspended or revoked, an unlicensed person has conducted activities requiring cemetery authority licensure under the Act, or the cemetery authority is winding up the business for dissolution, the Division, through the Attorney General, may petition the circuit courts of this State for appointment of a receiver to operate the cemetery.  The Director shall nominate a receiver who shall, upon approval by the Circuit Court and under the Director's direction, for the purpose of receivership, take possession of and title to the books, records and assets of the cemetery authority.  The Director shall require of the receiver such security as he or she deems proper.  The receiver may operate the cemetery until the Director determines that the business is dissolved or possession should be restored to a licensee and the Circuit Court terminates the receivership.

 

b)         In the case of dissolution, upon the order of a circuit court, the receiver may sell or compound any bad or doubtful debt and may sell the personal property of the cemetery on terms approved by the court. The receiver shall succeed to whatever rights or remedies the unsecured creditors of the cemetery may have against the owners, operators, stockholders, directors, members, managers or officers arising out of their claims against the cemetery.  Nothing shall prevent creditors from filing their claims in the liquidation proceeding.

 

c)         All expenses of the receivership, including reasonable receiver's and attorney's fees approved by the Director and the Circuit Court, and all expenses of any preliminary or other examinations into the condition of the cemetery or receivership incurred by the Division, and all expenses incident to the possession and control of any property or records of the cemetery incurred by the Division shall be paid out of the assets of the cemetery. The foregoing expenses shall be paid prior to and ahead of all claims.

 

Section 1249.350  Grants under Cemetery Relief Fund

 

Units of local government and not-for-profit organizations, including, but not limited to, not-for-profit cemetery authorities, may apply to the Division on forms provided by the Division for grants to clean up cemeteries that have been abandoned or neglected or that are otherwise in need of additional care.