Oklahoma § 8-183 - Certificate of authority - Application - Investigation Public hearing - Expenses

§ 8-183. Certificate of authority - Application - Investigation Public hearing - Expenses

(a) No organization subject to the provisions of this act shall

locate or establish a cemetery in any county of this state except

after a certificate of authority has been issued therefor by the

board of county commissioners of the county wherein such cemetery is

to be located and operated, except that no application shall be

required pursuant to Section 2 of this act. The issuance of such

certificate of authority shall rest solely in the discretion of the

board of county commissioners of the county wherein such cemetery is

to be located and operated. The request to establish such proposed

cemetery shall be set forth in a written application made to the

board of county commissioners, provided that the form of the

application shall be prescribed and furnished by the board and shall

contain such information as the board may require; provided,

however, that no such certificate of authority shall be required for

establishing or operating any cemetery, graveyard or burial ground

in such cities containing a population over three hundred thousand

(300,000), authority for the construction and operation of which

shall be obtained from the governmental planning commission having

jurisdiction over zoning and building regulations covering the area

wherein such cemetery, graveyard or burial ground is located.

(b) The board of county commissioners shall not approve an

application nor issue a certificate of authority until:

1. The board shall make or cause to be made an investigation

and examination of the applicant and the application.

2. The board shall give notice of such application, and the

hearing to be held thereon, by publication once a week for two (2)

consecutive weeks in a newspaper having a general circulation in the

Oklahoma Statutes - Title 8. Cemeteries

county in which the applicant proposes to locate and operate the

cemetery.

3. The board shall, after the date of the said publication,

hold a public hearing on the application in such place in the county

as it shall designate.

(c) After the filing of the application for a certificate of

authority, the board of county commissioners shall make or cause to

be made a careful investigation and examination relating to the

financial standing and character of the organizers of the proposed

cemetery, the character and qualifications and experience of the

officers and managers thereof, for the use of the board, which

information shall be considered confidential; of the adequacy of the

initial investment in the proposed cemetery; of the adequacy of the

planned perpetual care fund if the proposed cemetery is to be a

perpetual care cemetery; of the proximity of the proposed cemetery

to human dwellings and the sanitary and health conditions in regard

to the location of the proposed cemetery; and of the public

necessity for the cemetery in the community in which such proposed

cemetery is to be located and operated; and if the board of county

commissioners, after the public hearing herein provided, shall

determine any of the questions unfavorable to the applicant, the

applicant shall not be approved and the certificate of authority

shall not be issued, and if such questions be determined favorably

by the board, the board shall approve the application and the

certificate of authority shall be issued.

(d) At the public hearing any person who is interested may

appear and be heard, either in person or by his attorney. Within

sixty (60) days from the date of such hearing the board of county

commissioners shall render its findings and decision, in such form

and detail as it shall prescribe, and a copy of the same shall be

forwarded to the applicant and all persons who have entered an

appearance.

(e) All expenses which may be incurred by the board of county

commissioners in performing its duties as provided in this section

shall be paid to the board by the applicant at the time of filing

the application for the certificate of authority, provided such

expenses shall in no event exceed Five Hundred Dollars ($500.00) and

any balance remaining unexpended shall be returned to the applicant

by the board at the conclusion of the hearing.

Added by Laws 1955, p. 105, § 3, emerg. eff. May 23, 1955. Amended

by Laws 1963, H.J.R. No. 554, p. 764, § 2, emerg. eff. June 14,

1963; Laws 2014, c. 100, § 1, eff. Nov. 1, 2014.