rules and regulations not inconsistent with the provisions of this article, as may be necessary with respect to the form and content of applications for licenses, the reception thereof, the investigation of applicants and their qualifications, the operation of pet cemeteries and pet crematoriums whose licenses to operate such enterprises are suspended, revoked or not renewed, and the other matters incidental or appropriate to his powers and duties as prescribed by this article and for the proper administration and enforcement of the provisions of this article, and to amend or repeal any of such rules and regulations.

2. With respect to pet disposal for a fee, whether by earth burial, entombment, inurnment, cremation, or otherwise, by a veterinarian, pet cemetery or pet crematorium, the department of state shall have the power to adopt such rules and regulations not inconsistent with the provisions of this article, as may be necessary with respect to the form and content of pet disposal forms, registration of disposals by pet cemeteries or pet crematoriums, and the other matters incidental or appropriate to his powers and duties as prescribed by this article and for the proper administration and enforcement of the provisions of this article, and to amend or repeal any of such rules and regulations.

§ 750-e. License; application. 1. Any person desiring a license to engage in the business of operating a pet cemetery or pet crematorium under this article may make application to the secretary of state therefor. The application shall be subscribed by the applicant and affirmed by him or her as true under the penalties of perjury. Such application shall be in a form as the secretary of state shall prescribe setting forth:

(a) The name and address of the applicant: if an individual, the name under which he or she intends to conduct business; if a partnership, the name and business address of each member thereof, and the name under which business is to be conducted; if a corporation; the name of the corporation and the name and business address of each stockholder of the corporation holding stock interest of more than ten per centum.

(b) The place or places, including the complete address or addresses where the business is to be conducted.

(c) Α summary of all relevant experience of all persons listed in paragraph (a) of this subdivision in the operation of a cemetery, pet cemetery, crematorium, pet crematorium and/or the management of funds. (d) Satisfactory evidence of good moral character.

(e) Such further information as the secretary of state may prescribe by rule or regulation.

2. The secretary of state shall not issue a license to any person who: (a) has had their license to operate a pet cemetery or pet crematorium suspended or revoked by the secretary of state; or

(b) has been convicted within the last five years of a felony under the laws of this state involving fraud, bribery, perjury, or theft or has been convicted under the laws of any other state or of the United States of a criminal offense which, if committed and prosecuted in this state, would constitute a similar felony under such laws of this state. 3. Any person who has had an application for a license rejected by the secretary of state may appeal such determination pursuant to section seven hundred fifty-i of this article.

§ 750-f. Licenses; display; renewal; duplicates. shall be for a period of two years.

1.

All licenses

2. No license shall be assignable or transferable except as hereinafter provided.

3. A license to conduct the business of operating a pet cemetery or pet crematorium issued to an individual may be assigned or transferred for the remainder of the license period to a partnership or corporation if such individual is a member of such partnership or an officer of such corporation at the time of such assignment or transfer. A license issued to a partnership may be assigned or transferred for the remainder of the license period to any one member of such partnership, provided he obtains the consent of all of the other members of such partnership. A license issued to a corporation may be assigned or transferred for the remainder of the license period to any officer of the corporation provided he obtains the consent of all of the other officers of such corporation. The application for such transfer or assignment must be accompanied by the requirements of section seven hundred fifty-e of this EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

con

article and by proof satisfactory to the department that the requirements herein provided have been complied with. No assignment or transfer shall become effective unless and until the endorsement has been made on the face of the license by the department and such license, so endorsed, has been returned to the assignee or transferee. All such endorsements shall be made without payment of any fee. A bona fide purchaser of such business from the holder of the license thereof may tinue to use the license of the seller from the date of the sale, provided there is endorsed on the face thereof the name of the purchaser, the date of the sale, and the signature of the seller and the purchaser; and provided further within five days from the date of the sale, an application, in accordance with the provisions of this article, shall be presented by the purchaser to the secretary of state for a license to conduct the business of operating a pet cemetery or pet crematorium. Such license shall be valid until the purchaser's license application is either granted or denied by the secretary of state.

4. A license to conduct the business of operating a pet cemetery or pet crematorium issued to an individual or to a partnership may be used after the death of the licensed individual or co-partner by his next of kin or duly appointed administrator or executor in the name of the estate from the date of death of such individual or co-partner, provided that there is endorsed upon the face of the license after the name of the decedent the word "deceased", the date of death and the name of the next of kin, administrator or executor under whose authority the license is being used, provided that within thirty days from the date of death of the licensee, an application, in accordance with the provisions of this article, shall be presented by the next of kin, administrator or executor to the secretary of state for a license to conduct the business of operating a pet cemetery or pet crematorium. Such license shall be valid until the next of kin's, administrator's or executor's license application is either granted or denied by the secretary of state.

5. A license to conduct the business of operating a pet cemetery or pet crematorium shall be conspicuously posted upon the premises where the licensee is engaged in the business of operating a pet cemetery or pet crematorium.

6. Any license which has not been suspended or revoked, may, upon the payment of the renewal fee prescribed by this article, be renewed for additional periods of two years from its expiration, upon the filing of an application for such renewal, on a form to be prescribed by the secretary of state.

7. Any person failing to file application and fee for renewal of a license to conduct the business of operating a pet cemetery or pet crematorium within forty-five days immediately following the expiration of his or her last license shall pay an additional fee of sixty dollars, and if he or she fails to file application and fee for renewal within ninety days he or she shall be ineligible for such license until he she shall have again met the requirements set forth in this article.

or

8. A duplicate license may be issued for one lost, destroyed or mutilated upon application therefor on a form prescribed by the secretary of state and the payment of the fee prescribed therefor by this article. Each such duplicate license shall have the word "duplicate" stamped across the face thereof and shall bear the same number as the one it replaces.

9. Notice in writing shall be given the secretary of state within thirty days at his or her office in Albany by the holder of a license to conduct the business of operating a pet cemetery or pet crematorium of any change in address of the business or residence of the person engaged in the business of operating a pet cemetery or pet crematorium together with the return of license, whereupon a properly signed endorsement will be made on the face of the license as to such change and the license then returned to the licensee. A change of address by a licensee without such notice and endorsement of license shall operate to cancel the license.

§ 750-g. Fees. 1. The fee for a license to engage in the business of operating a pet cemetery or pet crematorium shall be one hundred fifty dollars. For each renewal thereof, the fee shall be one hundred fifty

dollars.

2. The fee for issuing a duplicate license in substitution for one lost, destroyed or mutilated shall be twenty-five dollars.

3. The fee for changing a name or address shall be ten dollars.

4.

The fees hereinabove set forth shall be those for licenses issued for the license period of two years or fraction of such period.

5. No fees listed in subdivisions one, two, three or four of this section shall be charged to any municipality seeking a license to operate a pet cemetery or pet crematorium.

§ 750-h. Denial of license application and suspension and revocation of licenses. 1. An application for a license under this article may be denied or a license to engage in the business of operating a pet cemetery or pet crematorium may be suspended or revoked, by the secretary of state, for any one or more of the following causes:

(a) Fraud or bribery in securing a license;

(b) The making of any false statement as to a material matter in any application or other statement or certificate required by or pursuant to this article;

(c) Incompetency in the operation of a pet cemetery or pet crematorium; (d) Failure to display the license as provided in this article;

(e) Violation of any provision of this article, or of any rule or regulation adopted hereunder;

(f), Conviction of a crime involving fraud, theft, perjury or bribery or other cause which would permit disqualifications from receiving license upon the original application;

a

(g) Failure to retain all pet disposal forms for a period of two years following receipt;

(h) Failure to comply with the duties of a pet cemetery owner or operator as set forth in section seven hundred fifty-v of this article; and (i) Conviction of a violation of article twenty-six of the agriculture and markets law involving cruelty to animals.

2. Whenever the license to engage in the business of operating a pet cemetery or pet crematorium is revoked, such license shall not be reinstated or reissued until after the expiration of a period of five years from the date of such revocation and the secretary of state approves the license application pursuant to section seven hundred fifty-e of this

article.

§ 750-i. Hearing on charges; decision. 1. No license shall be suspended or revoked nor shall any fine or reprimand be imposed until after a hearing had before an officer or employee of the department of state designated for such purpose by the secretary of state, upon notice to the licensee of at least ten days. The notice shall be served either personally or by registered mail and shall state the date and place of hearing and set forth the ground or grounds constituting the charges against the licensee. The licensee shall have the opportunity to be heard in his defense either in person or by counsel and may produce witnesses and testify in his behalf. A stenographic record of the hearing shall be taken and preserved. Within ten days after a hearing a licensee shall receive a stenographic record of the hearing upon payment of fifty percent the cost of preparation of such record. The hearing may be adjourned upon a showing of good cause at least five days before the hearing, in writing, to a hearing officer. The person conducting the hearing shall make a written report of his findings and a recommendation the secretary of state for decision. The secretary of state shall review such findings and the recommendation and, after due deliberation, shall issue an order accepting, modifying or rejecting such recommendation and dismissing the charges' or suspending or revoking the license or in lieu thereof imposing a fine or reprimand upon the licensee.

to

of

2. Any person who has had their application for a license rejected shall be entitled to a hearing before an officer or employee of the department of state designated for such purpose by the secretary of state, upon notice to such person of at least ten days. Notice shall be served either personally or by registered mail and shall state the date and place of hearing and set forth the ground or grounds constituting

the

rejection of such application for license. The applicant shall have the opportunity to be heard in his or her defense either in person or by Counsel and may produce witnesses and testify on his or her own behalf. A stenographic record of the hearing shall be taken and preserved. Within ten days after a hearing an applicant shall receive a stenographic record of the hearing upon payment of fifty percent of the cost of the preparation of such record. The hearing may be adjourned upon a showing of good cause at least five days before the hearing, in writing, to a hearing officer. The person conducting the hearing shall make a written report of his or her findings and a recommendation to the secEXPLANATION-Matter in italics is new; matter in brackets [] is old law

a

retary of state for decision. The secretary of state shall review such findings and the recommendation and, after due deliberation, shall issue an order accepting, modifying or rejecting such recommendation and either grant a license or reject the license application.

3. For the purpose of this article, the secretary of state or any of ficer or employee of the department of state designated by him or her, may administer oaths, take testimony, subpoena witnesses and compel the production of books, papers, records and documents deemed

the subject of investigation.

4.

pertinent to

Strict rules of evidence do not apply to hearings held pursuant to this article.

§ 750-j. Judicial review. The action of the secretary of state in suspending, revoking or refusing to issue or renew a license, or imposing a fine or reprimand on the holder thereof may be reviewed by a proceeding brought under and pursuant to article seventy-eight of the civil practice law and rules.

any

§ 750-k. Violations and penalties. Any person not licensed pursuant to this article who shall directly or indirectly engage in the business of operating a pet cemetery or pet crematorium or hold himself or herself out to the public as being able so to do, or who shall violate of the provisions of this article, or having had his license suspended or revoked, shall continue to engage in the business of operating a pet cemetery or pet crematorium or who, without a license to engage in the business of operating a pet cemetery or pet crematorium, directly or indirectly employs, permits or authorizes an unlicensed person to engage in the business of operating a pet cemetery or pet crematorium, shall for the first offense be guilty of a violation and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment for a term of not more than fifteen days, or by both such fine and imprisonment. If the conviction is for an offense committed after the first conviction of such person under this article, such person shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than two thousand five hundred dollars or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. Each violation of this article shall be deemed a separate offense.

§ 750-1. Official acts used as evidence. The official acts of the secretary of state, department of state and department of environmental conservation shall be prima facie evidence of the facts therein and shall be entitled to be received in evidence in all actions at law and other legal proceedings in any court or before any board, body or

officer.

§ 750-m. Dedication of moneys derived from operation of article. All moneys derived from the operation of this article shall on or before the tenth day of each month be paid into the pet cemetery and pet crematorium inspection and licensing fund established by section ninetyseven-nn of the state finance law.

§ 750-n. Dedication of real property for pet cemetery purposes. 1. The owner of any real property used or to be used for a pet cemetery shall file, or cause to be filed, in the office of the clerk or recorder of the county in which the real property is located, a dedication restricting the real property to be used only for such purposes as are usual and customary for the operation of a pet cemetery. Such person shall additionally file a certified copy of such dedication, together with notation of the date, time, book and page of filing by the clerk or recorder of said county, with the secretary of state. Such filing with the secretary of state shall additionally include a copy of a survey map and appropriate zoning approvals as may be reasonably required by the secretary of state.

2. The Owner or operator of every pet cemetery shall keep adequate records of all purchasers of space for pet remains within the grounds of such pet cemetery.

§ 750-0. Removal of dedication. Upon the filing of a dedication restricting real property for the operation of a pet cemetery, such dedication may only be amended or removed by order of the supreme court of the county where the pet cemetery is located. Such petition for amendment or removal of dedication shall include written consent by all persons who purchased or otherwise are entitled to rights of disposal rights to continuing care of a pet grave in that portion of the pet cemetery for which the dedication is sought to be amended or removed. If the portion of the pet cemetery for which the dedication is sought to be amended or removed includes pet remains, such pet remains must be

or

removed, upon the written consent of all persons who purchased or are otherwise entitled to rights of disposal or rights to continuing care of a pet grave, their heirs or assigns, with the removal to be entirely at the cost of the owner of the pet cemetery. The court, upon proof of diligent efforts and as determined by the court, may dispense with the written consent of any person who purchased or is otherwise entitled to rights of disposal whose whereabouts, identity or heirs or assigns are unknown. In the event that the court has dispensed with any person's written consent under this section, the court may make a determination as to the consideration appropriate for such consent and order that such monies be deposited with the court, which shall then be paid to such person upon appropriate proof of claim. If the premises are a pet cemetery, such petition may additionally include an environmental audit if required by the court, which audit shall identify any environmental problems caused by the pet cemetery activity, including an identification of pet disposal sites. If the environmental audit identifies any environmental problem, it shall additionally include a plan for the correction or remediation of such problems, including financial, human and other resources estimates, projected time schedules for the completion of the corrective and remedial actions, with the court to make any order on the petition conditional upon the completion of such corrective and remedial action or upon the deposit with the court with such money as determined necessary for such remediation or correction.

§ 750-p. Area requirements for pet cemeteries. A pet cemetery which commences operations on or after the effective date of this article and which provides for the permanent interment of pets shall consist of not less than five contiguous acres of real property in total area, inclusive of any structures, facilities, or buildings situated thereon and used for the business purposes of the pet cemetery. The secretary of state may grant a waiver of the minimum size limit based on factors including the number of above-ground entombments, the number of remains buried and the nature of the surrounding community. Nothing contained in this section shall restrict any town, village or city from enacting any local law which provides for an area requirement greater than as set forth herein.

§ 750-q. Maintenance fees for pet cemeteries. 1. A pet cemetery owner may charge a permanent maintenance endowment fee for the care of the pet cemetery, which if charged, shall be placed by the pet cemetery owner into a permanent maintenance endowment care or similar trust fund.

2. In lieu of a permanent maintenance endowment fee, the operator of a pet cemetery and a pet owner may enter into a contract for care of the pet cemetery on an annual basis. The pet owner then shall be charged an annual maintenance fee which shall be paid in the manner described below. However, only one contract for annual maintenance shall be entered into per gravesite and shall state specifically the amount of the annual maintenance fee to be paid each year. The contract shall also state that failure to pay these annual fees can result in the disinterment of the pet.

(a) The annual maintenance fee, billed each calendar year shall be placed by the pet cemetery owner in the general account of the pet cemetery to be used for pet cemetery operation and maintenance during the succeeding years. For the purposes of this section and section

a

seven hundred fifty-r of this article, the term pet cemetery operation and maintenance shall mean all costs incurred to operate and maintain pet cemetery including salaries and bonuses for employees, officers and directors, but shall not include any fines or penalties imposed by the secretary of state or other agency or court.

(b) If the annual maintenance fee is not paid within ninety days of the date of which it is due, the pet cemetery owner shall notify the pet Owner in writing that such fee is due and payable. If such annual maintenance fee is not paid within ninety days of such writing, the disposal rights or rights to continuing care of a pet grave of the pet owner shall terminate.

(c) If the annual maintenance fee is not paid within one hundred eighty days of the date of which it is due, the disposal rights of a pet Owner shall then terminate and the pet cemetery owner may at anytime thereafter remove such pet and if removed dispose of remains by mass cremation or mass burial.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law