Ohio Administrative Code 1301:13 — Department of Commerce | Ohio Cemetery Dispute Resolution Committee

Chapter 1301:13-1 General Provisions

Ohio Adm.Code 1301:13-1-01 Public notice of intention to consider adopting, amending or rescinding rules.

(A) The cemetery dispute resolution commission, in giving public notice as to the adoption, amendment, or rescission of any rule required to be adopted under Chapter 119. of the Revised Code, shall publish a notice, at least once, in the register of Ohio and in such other publications as the commission may determine from time to time. The notice shall appear at least thirty days prior to the date set for the hearing of the proposed action on any such rule. The notice shall meet the requirements of division (A) of section 119.03 of the Revised Code.

(B) The public notice shall specify the date, time and place of the hearing and shall include

(1) A statement of the intention to consider adopting, amending or rescinding a rule and the purpose or reason therefore;

(2) A synopsis of the proposed rule, amendment or rescission or a general statement as to the subject to which it relates.

(C) The commission may give additional notice of such public hearing as it deems necessary; however, the giving of such additional notice shall not be mandatory and the failure to give notice by any means other than as specified in paragraph (A) of this rule shall not in any way invalidate any action which may be taken by the commission at such hearing.

Last updated September 8, 2023 at 11:51 AM

History

• Effective: September 7, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 1301:13-1-02 Public meetings.

(A) Meetings of the cemetery dispute resolution commission shall be held quarterly. Additional meetings may be held at the call of the chairperson, or the vice-chairperson when the chairperson is unavailable, or a majority of the members of the commission.

(B) Any person may ascertain the time and place of all regularly scheduled meetings and the time, place and purpose of all special meetings of the commission by:

(1) Writing to: "The Ohio Cemetery Dispute Resolution Commission, 77 South High Street 20th Floor, Columbus, Ohio 43215-6133";

(2) Calling the following telephone number during normal business hours (614) 466-4100, or

(3) Accessing the division of real estate and professional licensing website.

(C) Any person may receive notice of all meetings of the commission. The superintendent shall cause a list to be maintained of all persons who have requested such notification. Any person wishing to receive notification shall notify the superintendent that they wish to be included on the mailing list for such notices. Requests shall:

(1) Be given in writing to the address given in paragraph (B)(1) of this rule or by electronic mail sent to WebReal@com.state.oh.us or such other address as may from time to time be published on the division's web site.

(2) State that the requestor wishes to be notified of all public meetings of the commission or those at which specific topics stated by the requestor are to be discussed.

(3) Indicate if the requestor wishes to be notified by electronic mail, fax, or printed notice.

(4) Provide the requestor's electronic mail address, mailing address or fax number.

(5) State if the requestor is a media representative who wishes to be notified of special meetings pursuant to division (F) of section 121.22 of the Revised Code. If a media representative requests notice of special meetings the media representative shall also provide no more than two telephone numbers at which they may be reached.

(D) The superintendent shall cause a notice to be distributed to all persons on the mailing list at least five calendar days before each regularly scheduled meeting of the board. The superintendent shall make all reasonable effort to provide notice of all special meetings in compliance with division (F) of section 121.22 of the Revised Code.

(E) No fee shall be assessed to persons requesting to be notified by electronic mail. The superintendent may from time to time assess a reasonable fee on all persons requesting printed notices or fax transmission of notices of meetings. Such fee shall not exceed the cost of producing and mailing or transmitting the notices. The superintendent may request that such fees be paid in advance.

Last updated September 8, 2023 at 11:52 AM

History

• Effective: September 7, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 1301:13-1-03 Definitions.

As used in this chapter:

(A) "Cemetery," "interment," "burial right," "entombment right," and "columbarium right" shall have the same meanings as in section 1721.21 of the Revised Code.

(B) "Commission" means the Ohio cemetery dispute resolution commission created by division (A) of section 4767.05 of the Revised Code.

(C) "Complainant" means the person or persons that have filed a complaint.

(D) "Complaint" means a signed, written document filed with the division on a form provided by the division regarding the activity, practice, policy, or procedure of, or regarding an alleged violation of section 1721.19, 1721.20, 1721.21, 1721.211, 4767.02 or 4767.09 of the Revised Code, by, any person operating or maintaining a cemetery registered, or a cemetery that is not registered but is required to be registered, pursuant to section 4767.03 of the Revised Code, that adversely affects or may adversely affect the interest of an owner or family member of the owner of a cemetery lot or burial, entombment, or columbarium right.

(E) "Division" means the division of real estate and professional licensing in the Ohio department of commerce.

(F) "Parties" include the complainant and respondent.

(G) "Respondent" means the person shown by the cemetery registration records of the division as being the owner or the person responsible for the operation and/or maintenance of a cemetery, as defined in section 1721.21 of the Revised Code, that is the subject of the complaint.

(H) "Superintendent" means the superintendent of the division of real estate and professional licensing in the department of commerce.

Last updated September 8, 2023 at 11:52 AM

History

• Effective: June 7, 2019
• Promulgated Under: 119.03

Chapter 1301:13-3 Complaint Procedure

Ohio Adm.Code 1301:13-3-01 Complaint procedure.

(A) When a signed written complaint against a cemetery is filed, the registration status of the cemetery will be determined by the division:

(1) If it is determined that the cemetery is not registered because it is exempt from cemetery registration, the superintendent will return the complaint with a letter explaining that the division has no jurisdiction over a cemetery that is not required to be registered;

(2) If it is determined that the cemetery is not registered but is required to be registered, the superintendent will, within fourteen days, after a person files a signed written complaint acknowledge receipt of the complaint and shall send written notice of the complaint to the respondent, including a copy of the complaint. The division will also send a cemetery registration application to the cemetery operator. The operator shall have thirty days after the mailing of the registration application to respond to the division.

(3) If it is determined that the cemetery is registered, the superintendent will, within seven days, after a person files a signed written complaint acknowledge receipt of the complaint and shall send written notice of the complaint to the respondent, including a copy of the complaint.

(B) The respondent shall have thirty days after the mailing of the notice to respond to the division with respect to the complaint. Upon receipt of a response from the respondent, or if no response is received, the division may proceed to investigate the complaint and, if appropriate, attempt to resolve the matter using informal techniques of mediation, conciliation and persuasion. Notice of any offers to resolve a dispute that is the subject of a complaint and any responses to such offers, when communicated to the commission or division, shall be given to the other parties in person, by telephone, by electronic mail or by mail.

(C) The commission shall hear each complaint filed within one hundred eighty days after its filing with the division, unless it has been resolved by the parties to the complaint. If the division is notified in writing by both parties that a resolution was reached prior to being heard by the commission, the complaint file shall be closed. A hearing may be continued for good cause shown to a date certain.

If the hearing is pursuant to a complaint, notice shall be given to the parties not less than thirty days prior to the hearing. If the hearing is in connection with an audit, not less than fourteen days prior to the hearing.

(D) At the hearing, the chairperson or vice-chairperson of the commission, or a member of the commission appointed by the chairperson or vice-chairperson, shall preside. The division shall submit to the commission a report identifying the status of the investigation or the complaint filed, any responses, and the results of any investigations or attempts to resolve a complaint.

Hearings are to be conducted on an informal basis and shall be recorded by electronic devices. References may be made to rules of evidence but the commission shall not be bound by them. Parties and those giving testimony may be represented by counsel. Those subpoenaed to give testimony and others wishing to present testimony are to be sworn.

The commission may conduct nonpublic hearings and maintain commission proceedings and records of those proceedings as confidential when the commission determines that public disclosure of the nature of the complaint would cause severe emotional distress to the complainants or other persons, exclusive of the cemetery registrant.

(E) At the conclusion of the hearing, the commission may:

(1) Order further investigation or initiate additional attempts to resolve the complaint by using informal techniques of mediation, conciliation and persuasion;

(2) Make findings of fact and/or recommendations;

(3) Dismiss the complaint in accordance with section 4767.08 of the Revised Code;

(4) Order referrals or a review of financial records in accordance with section 4767.08 of the Revised Code.

(F) All notices, findings, and recommendations issued pursuant to this rule shall be mailed via regular mail.

Last updated September 8, 2023 at 11:52 AM

History

• Effective: June 7, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 1301:13-3-03 Reports.

(A) The division shall submit to the cemetery dispute resolution commission, for its review, a quarterly report of its activities related to the administration of Chapter 4767. of the Revised Code which shall include but not be limited to:

(1) The number of written complaints received during the quarter and the action taken with regard to the complaints;

(2) The number and nature of written and verbal inquiries received by the division during the quarter relating to the application of section 1721.19, 1721.20, 1721.21, 1721.211, or 4767.02 of the Revised Code and the duties and functions of the commission.

(B) Reports required by divisions (D) and (E) of section 4767.06 of the Revised Code shall be prepared by the division, subject to the approval of the commission.

Last updated September 8, 2023 at 11:53 AM

History

• Effective: September 7, 2017
• Promulgated Under: 119.03

Chapter 1301:13-5 Cemetery Registration

Ohio Adm.Code 1301:13-5-01 Sale or transfer of cemetery assets.

(A) A cemetery owner or operator intending to purchase cemetery assets, management rights, or stock from another cemetery owner or operator and intending to register the cemetery with this division, must provide the division with an audited financial statement to be reviewed by the commission, completed in compliance with generally accepted accounting principles, certifying either that the funds required to be maintained by sections 1721.21 and 1721.211 of the Revised Code are funded in accordance with the law or identifying any deficiency. In the case of a deficiency, the commission must approve a plan agreed to by the parties to properly correct any deficiencies and, if necessary, may conduct a mediation between the buyer and seller to reach an agreed plan which will cause the funds to be funded in accordance with the law. A registration shall not be issued to the purchaser until the commission is satisfied that all current funds required to be deposited and maintained pursuant to sections 1721.21 and 1721.211 of the Revised Code have been deposited and maintained.

(B) Upon receipt and review of the audit, if the division concludes that all registration requirements have been met, and the commission is satisfied that all current funds required to be deposited and maintained pursuant to sections 1721.21 and 1721.211 of the Revised Code have been deposited and maintained, the division shall issue registration in the name of the new owner or operator.

Last updated September 8, 2023 at 11:53 AM

History

• Effective: June 7, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 1301:13-5-02 Revocation of registration.

(A) If a cemetery owner or operator is found by a court of law to be in violation of section 1721.21 or 1721.211 of the Revised Code, then upon receipt of notice of the violation, the division shall immediately revoke said cemetery's registration and give notice to the cemetery of such action by certified mail.

(B) The owner or operator of a cemetery shall complete and submit in a form prescribed by the superintendent, an application to regain registered status; an audited financial statement, completed in compliance with generally accepted accounting principles, certifying that the funds required to be maintained by sections 1721.21 and 1721.211 of the Revised Code are funded in accordance with the law; and prove to the satisfaction of the superintendent that the owner or operator is honest, truthful and of good reputation.

Last updated September 8, 2023 at 11:53 AM

History

• Effective: February 4, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 1301:13-5-03 Compliance.

(A) For a five-year compliance audit conducted pursuant to division (B)(11) of section 4767.02 of the Revised Code or if the superintendent or cemetery dispute resolution commission determines that an audit is necessary or appropriate pursuant to division (A)(1) of section 4767.08 of the Revised Code, division personnel shall review financial records of the cemetery to insure compliance with sections 1721.21 and 1721.211 of the Revised Code.

(B) All cemeteries not otherwise exempt under section 1721.21 or 1721.211 of the Revised Code shall be required to keep distinct records for the sale of burial lots, burial rights, entombment rights, or columbarium rights covered under section 1721.21 of the Revised Code and merchandise and services covered under section 1721.211 of the Revised Code and records for deposit of sales proceeds into trust accounts.

(C) Upon completion of an audit, results shall then be presented to the commission. The commission may refer results to the county prosecutor in the county in which the cemetery is located and/or the attorney general, for further action as may be appropriate.

Last updated September 8, 2023 at 11:53 AM

History

• Effective: June 7, 2019
• Promulgated Under: 119.03

Chapter 1301:13-7 Eligibility for Grants

Ohio Adm.Code 1301:13-7-01 Criteria for eligibility.

Grants shall only be approved for applicants who are eligible to be grantees pursuant to section 4767.10 of the Revised Code and this chapter.

(A) Applicants shall be cemetery operators properly registered pursuant to section 4767.02 of the Revised Code. Registered cemetery operators that are for-profit companies do not qualify. Grant applicants must provide to the division documentation of eligibility in accordance with the grant guidelines and grant application form.

(B) Any cemetery required to establish and maintain an endowment care trust pursuant to section 1721.21 of the Revised Code and/or a preneed cemetery merchandise and services trust pursuant to section 1721.211 of the Revised Code must be in compliance with those sections to be eligible for a grant.

(C) An eligible applicant may apply every other year for one grant of up to two thousand, five hundred dollars. Operators of five or more cemeteries registered with the division may apply each year for up to two thousand, five hundred dollars.

Last updated May 26, 2022 at 10:19 AM

History

• Effective: May 26, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1301:13-7-02 General provisions.

(A) A grant cycle shall be the state fiscal year and the division shall distribute grant cycle announcements and guidelines via the division's website (https://www.com.ohio.gov/real/) and any other means of distribution deemed appropriate by the division and to those persons or organizations that file a request with the division to be notified of such announcements.

(B) The grant announcement and guidelines in any grant cycle shall clearly delineate the following:

(1) Available funding during the grant period;

(2) Limitations on utilization of resources or activities; and

(3) The application review process and the criteria utilized for funding decisions.

(C) The superintendent may establish any additional policies and procedures as may be deemed necessary or appropriate to carry out the intent of this chapter.

(D) In reviewing grant applications, exceptional maintenance shall be construed broadly to cover non-routine, non-repetitive maintenance. Reasonable maintenance, pursuant to section 4767.09 of the Revised Code, done in the day-to-day operations of a cemetery is not considered exceptional for purposes of awarding grants.

Last updated September 8, 2023 at 11:54 AM

History

• Effective: June 7, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 1301:13-7-03 Grant applications.

(A) Grant applications shall be submitted on forms prescribed by the division and shall bear the original signature of the principal administrative officer or financial officer of the applicant.

(B) All grant applications shall include, at a minimum, the following documents and information:

(1) Federal tax identification number;

(2) Internal revenue service tax exempt certificate, if applicable;

(3) Contact information for the fiscal representative of the applicant;

(4) Contact information for the programmatic representative of the applicant, if different than fiscal representative;

(5) The acreage of the cemetery, how much acreage is fully developed and at capacity and how much acreage has inventory of available interment spaces;

(6) Number of interments made in the two previous years;

(7) The operating budget of the cemetery;

(8) Designation of the percentage of the estimated total cost of the project for which the grant will provide funding;

(9) Description of how the applicant will provide the remainder of the estimated total cost of the project, if applicable;

(10) Project description and purpose along with the goals of the project;

(11) Description of training, including agenda, syllabus or other content material, how the training relates to the maintenance and operations of cemeteries, name and contact information of the provider, if applicable;

(12) How grant funds will be accounted for separately from other sources of funding, if applicable;

(13) Additional information as required by the division as set forth in its grant guidelines.

(C) In addition to submitting a grant application, all applicants must submit an original W-9 form to the division.

(D) All completed grant applications must be received by the prescribed deadline.

(E) Incomplete or illegible applications, or applications that are not consistent with the terms of section 4767.10 of the Revised Code and this chapter, will not be considered for funding.

Last updated September 8, 2023 at 11:54 AM

History

• Effective: June 7, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 1301:13-7-04 Grant restrictions and requirements.

(A) Grant funds shall not be used for activities or purchases related to an approved grant project prior to formal approval of the grant application by the superintendent and receipt by the division of the original, signed grant agreement from the awardee.

(B) Grant funds shall only be expended by the grantee to whom the grant was awarded and all grant funds must be expended or obligated by a grantee within the grant cycle for which they were awarded. Any grant funds not expended or obligated by the date contained in the grant conditions shall be remitted to the division within thirty days following the end of the grant cycle.

(C) A final report accounting for all grant funds by a grantee shall be submitted to the division not later than thirty days after the end of the grant cycle. All expenditures and disbursements of grant funds by a grantee shall be subject to generally accepted accounting principles. Any equipment purchased with grant funds shall be retained by the grantee and used in accordance with the terms of the grant award for the useful life of the equipment.

(D) At any time during the grant funding cycle or after a final report has been submitted by the grantee, the division may require that the grantee undergo an audit of the project administration and implementation. Within ten days after a request by the division, a grantee shall supply original or verifiable copies of all receipts and other appropriate documentation related to disposition of the grant funds and make available for on-site inspection by the division any and all records, books, documents and financial reports upon reasonable notice. These materials must be held for two years from the acceptance of the project final report in the offices of the grantee.

(E) Failure to comply with any paragraphs of this rule may be considered a misappropriation of funds and shall be investigated by the division. A misappropriation or failure to properly administer grant funds shall result in forfeiture of unexpended grant funds. The grantee shall repay any funds determined by the division to have been inappropriately expended and the grantee may be considered ineligible for funding in future grant cycles.

(F) If, as a result of an investigation, the superintendent believes that a grantee committed a criminal violation, the superintendent shall report the findings to the appropriate authorities.

Last updated May 26, 2022 at 10:19 AM

History

• Effective: May 26, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1301:13-7-05 Cemetery grant advisory committee.

(A) For purposes of assisting in the administration of the cemetery grant fund, as provided in section 4767.10 of the Revised Code, the Ohio cemetery dispute resolution commission may appoint a grant advisory committee.

(B) The committee shall consist of seven voting members with three-year staggered terms. A chairperson and vice-chairperson may be appointed annually by the commission, upon the qualification of the commission member(s) appointed in such year. The commission shall fill any committee vacancy within one hundred twenty days of such vacancy.

(C) Membership shall be comprised of the superintendent or the superintendent's designee, one representative of the Ohio township association, one representative of the Ohio municipal league, one representative of the Ohio cemetery association, one representative of the catholic conference of Ohio, one public member of the commission and one person actively involved in the operations of a cemetery registered with the division. The commission may remove any member who misses two consecutive meetings without an excused absence. A majority of the committee members shall constitute a quorum.

(D) The committee shall hold at least one meeting annually.

(E) The committee may:

(1) Suggest methods of advertising funding availability;

(2) Review and score grant applications of eligible grantees in accordance with the established grant guidelines and standard conditions;

(3) Recommend to the superintendent whether special circumstances of the application fall within exceptional maintenance as set forth in section 4767.10 of the Revised Code and this chapter;

(4) Recommend to the superintendent grant applications for funding.

(F) The division shall:

(1) Provide administrative support to the committee;

(2) Advertise funding availability through, including but not limited to, issuing newsletter articles, press releases or website postings;

(3) Provide tracking information on funded programs and projects, budget information and other information requested by the committee or commission.

Last updated May 26, 2022 at 10:19 AM

History

• Effective: May 26, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1301:13-7-06 Distribution of grant funds.

(A) The superintendent shall review the recommendations of the cemetery grant advisory committee.

(B) Except as otherwise provided in law or regulation, the superintendent may approve or deny any, all, or a portion of a grant application.

(C) A grant award agreement, including any special conditions or requested revisions, will be signed by the superintendent and will be sent to all successful applicants to activate the grant award process.

(D) A successful applicant has forty-five days from the date of the grant award notice to sign and return the grant award agreement. If the division does not receive the signed grant award agreement within forty-five days, or other agreed upon reasonable time after notification, the grant award may be rescinded by the division with a written notice to the applicant. After a successful applicant has timely returned the signed grant award agreement, the grant funds will be processed and disbursed in the name of the successful applicant.

(E) The division will send written notice to all unsuccessful applicants.

Last updated May 26, 2022 at 10:19 AM

History

• Effective: May 26, 2022
• Promulgated Under: 119.03