Iowa Law Quiz Review Flashcards

How many interns may a funeral home employ if they serve 73 families
per year?

1

What are the requirements if an intern utilizes 2 preceptors during
the internship?

(1) A single preceptor must act in the role of primary
preceptor(2) The primary preceptor is responsible for
coordinating all intern training and activities(3) The intern
shall be a full-time employee of the funeral establishment of the
primary preceptor, however, compensation may be shared between
preceptors(4) The Primary may make arrangements with a maximum
of two additional preceptors to share preceptor responsibilities for
such purposes as providing an intern with a higher volume practice or
a broader range of intern experience(5) Each preceptor shall be
individually responsible for directly supervising the intern's
activities performed under the preceptor's guidance, but the primary
preceptor remains responsible coordinating the inter's activities and
submitting all forms to the board

How long must a preceptor be licensed prior to serving as a preceptor
for an intern?

minimum of 5 years

How must an Iowa funeral director intern registration be displayed?

In a conspicuous place in the interns primary place of work

What acts may result in revocation or suspension from practicing
mortuary science (licensed funeral director)?

- Knowingly misrepresenting any material matter to a prospective
pruchaser of funeral merchandise, furnishings, or services.-
Violation of chapter 144 related to the practice of mortuary
schience- Knowingly aiding aiding, assisting, procuring,
advising, or allowing a person to unlawfully practice mortuary science

Within how many years prior to accepting an intern, must a preceptor
receive training to serve as a preceptor?

5 years

What activities are included in the practice of Mortuary Science?

Preparing for burial or disposal, or directing burial and disposal of
dead human bodies, using words funeral director or mortician implying
that person is engaged as a funeral director, embalming dead human
bodies for purpose of preservation or disinfection

If you are reactivating your license, which lapsed 6 years ago, what
steps do you need to complete?

- Verification of the license from every jurisdiction in which the
applicant is or has been licensed/pracied during the period the Iowas
license was inactive sent to the board office.- Completion of 48
hours of continuing education.- Completion of 1 hour of a
college course in current Iowa law and rules of mortuary science,
cremation, vital statistics, cemeteries, and preneed.

What is the amount of the triennial renewal fee for funeral establishments?

$90

During how many of the embalming and funeral cases, must the
preceptor be present while the intern is performing the functions?

5

How many human remains must an intern prepare for viewing?

25

To whom may a cremation establishment offer services?

To a funeral establishment, not to general public

Is an establishment license transferable?

No

How many embalming and funeral cases must an intern complete in the
first 6 months?

12

What activities are included in directing funeral services?

Greeting attendees, assisting casketbearers, preparing for
procession, driving vehicle in procession, assisting at graveside
committal, transporting flowers, coordinating with officiant and family

What is the minimum number of college credit hours needed in addition
to the Mortuary Science courses to become licensed?

60 hours

Under whom may a student serve a practicum?

Direct physical supervision of a licensed funeral director

What activities are included in the preparation of remains?

dressing, casketing, cosmetizing

What are the 7 general categories of activities which an intern must
complete during the internship?

assist/perform minimum of 10 transfers perform 25
embalmings minimum of 10 preparations of remains for
viewing cremation procedures minimum of 10
arrangements minimum of 10 visitations director at
least 25 funeral/memorial services

What changes by a funeral establishment require notification to the
Board within 30 days without a new license being issued?

Change in ownership, change in name of establishment, change of
address or in name of the funeral director in charge

What is the minimum number of embalmings an intern must complete
during the internship?

25

Must a funeral establishment list any funeral directors on the
application? If so what funeral directors?

Yes, names and license numbers of all funeral directors employed or
associated with establishment through contract or otherwise who
provide mortuary science services at or for the establishment

What activities may result in disciplinary action against a licensed establishment?

Aiding in somebody unlawfully practicing mortuary science. Failing to
keep and maintain records that are required by law.

What is the minimum length of internship?

12 month

What is the minimum number of funerals the intern must direct or
assist in directing during the internship?

25

How many interns may a funeral home employ if they serve 198 families
per year?

2

If you are reactivating your license, which lapsed 3 years ago, what
steps do you need to complete?

- Verification of the licenses from every jurisdiction in which the
applicant is or has been licensed/practicing - Verification of
completion of 24 hours of continuing education- Completion of 2
hours of continuing education in current Iowa law and rules of
mortuary science

What board governs the practice of Mortuary Science in the state of Iowa?

Iowa Board of Mortuary Sciences

What must be done with the establishment license (the paper
certificate) issued by the Iowa Board of Mortuary Science?

Shall be displayed in a conspicuous place at the establishment

How often do funeral establishments renew their license?

3 years

What is the amount of the funeral establishment fee?

$90

What is the amount of the reactivation fee for a funeral director?

$180

How many complete arrangements must an intern complete?

10

When does an establishment renewal period begin/end?

begins July 1 and ends on June 30 of the 3rd year

When does a license become inactive?

Within 30 days after license expiration date

How many visitations does an intern coordinate?

10

What is the amount of the biennial funeral director license renewal fee?

$120

What is the amount of the licensure fee for license to practice
funeral directing?

$120

May a Practicum student complete work alone?

No

When does a licensee's renewal period begin/end?

Begins on the 16th day of licensee's birth month, and ends on the
15th of their birth month 2 years later

How often is a funeral directors license renewed?

every 2 years

How many transfers must an intern complete?

10

What information must be included with the initial establishment
license application?

Name, mailing address, telephone number of applicant, physical
location, address phone number email of establishment, legal name of
establishment, signature of responsible authority, names and license
numbers of all funeral directors, all felony/misdemeanors, all
disciplinary actions

What are the three preceptor requirements for a practicum?

preceptor training in last 5 years licensed funeral
director for at least 5 years with no discipline funeral
establishment had no disciplinary action in last 5 years

What crime may a funeral director be guilty of, if he/she pays a
monetary gift to a person for securing business for the funeral director?

Simple misdemeanor

What are the requirements for licensure as a funeral director in Iowa?

minimum of 60 non-mortuary science credit hours ABFSE
accredited Mortuary Science program complete college course
of at least 1 s.h. in Iowa Law

What is included in cremation procedures?

contacting medical examiner, completing required cremation forms,
preparing remains for cremation

May the internship be extended beyond 1 year? If so, for what reason?

Yes, if board determines the intern requires additional time or
supervision of a licensed funeral director

What is the length of time of the "grace period" allowed
for license renewal?

30 days after expiration date

What crime may a person be guilty of, if that person accepts a
monetary gift from a funeral director for securing business for a
funeral director?

simple misdemeanor

What activities are included in the complete arrangements for an intern?

presentation of funeral goods, products, and services
presentation of payment options for families
contracting 3rd party supplies completing obituary
presentation of GPL and other price lists preparation
and presentation of statement of goods and service

What is the maximum fine the board may impose upon an establishment?

$10,000

What are the general duties of a preceptor? (there are 6 items)

ensure intern completes the training program be
physically present and supervise first 5 embalming, funeral
arrangements, and funeral/memorial services familiarize
intern in areas specified by the preceptor training outline
read, add appropriate comments, and sign each of the 25
embalming reports and 25 funeral directing reports complete
a written 6 month report of intern, review and signed by intern and
submitted to board before end of rate 7th month at end of
internship, complete a confidential eval of intern and submit within
2 weeks of completion of internship

How may cremated remains be disposed of?

placed in a grave, crypt, niche scattering in
scattering garden remain in custody of authorized
person

Define topical disinfection.

the direct application of chemical substances on the surface of a
human remains for the purpose of preservation or disinfection

What must be contained on the initial permanent identification tag
placed on the deceased?

at minimum, name of deceased

In what type of contained must human remains be delivered in when
delivered to a crematory?

Leak-proof container that will control odor and prevent leakage

May two persons be cremated in the same retort chamber at the same time?

No

Define Embalming.

the disinfecting or preserving of dead human remains, entire or in
part, by the use of chemical substances, fluids or gases in the body,
or by the introduction of same into the body by vascular or hypodermic
injections, or by surface application into or on the organs or
cavities for the purpose of preservation or disinfection.

What items are required on the receiving receipt furnished by a crematory?

name of decedent, date and time remains are released, name of person
who takes remains, name and license number of funeral establishment,
signature of releasor and releasee, name of crematory operator and
date/time of cremation

Who issues the cremation permit?

Medical Examiner

Who may issue a burial transit permit?

A licensed funeral director

If a person is not available to sign a cremation authorization in
person, what other methods are allowed?

may accept written authorization by facsimile, e-mail, or such
alternative written or electronic means the funeral director believes
to be credible

Are fetal death remains included as human remains by this chapter?

Yes

Define common carrier.

Any carrier engaged in the business of transportation of persons or
property from place to place for compensation, and who offers services
to the public generally.

A funeral director lives in Minnesota, and works at a funeral home
licensed in Minnesota, though not in Iowa. The funeral director
possesses both a Minnesota and an Iowa funeral director's license. May
that funeral director make a removal from Iowa?

Yes

Is there a difference in a crematory and cremation establishment?

Crematory is the building that houses a retort
Establishment is place of business that has anything to do
with cremation

Define disinterment.

To remove human remains from the place of final disposition.

May the cremated remains of two individuals be placed in the same urn?

Yes - only with express written permission of authorizing person

Define a holding facility.

An area isolated from the general public that is designated for the
temporary retention of human remains

What term describes the act of taking human remains from the place of
death or place where a human remains is being held, to a funeral
establishment or other designated place?

Transfer/Removal

What term describes any services which may be used to 1) care for a
prepare deceased human remains for burial, cremation or other final
disposition; and 2) arrange, supervise or conduct the funeral ceremony
or final disposition of deceased human remains?

Funeral services

Within how long after death must a body be interred, cremated or embalmed?

72 hours

Define cremation establishment.

A place of business which provides any aspect of cremation services

What items must a crematory receive in order to legally cremate a
human body?

cremation authorization form signed by authorized person, permit for
cremation from ME if required for jurisdiction, any other
documentation required by state

To whom does a funeral director send a disinterment application to
request authorization?

Department of public health

How may a funeral director dispose of cremated remains that are not
claimed by the authorized person?

Placing in a grave, crypt, niche; scattering garden, or remain in
custody of funeral establishment

What substances may be included in cremated remains?

casket material, bridgework, eye glasses, and cremated human remains

What term describes an unfinished wood box or other nonmetal
receptacle or enclosure, without ornamentation or a fixed interior
lining, which is designed for the encasement of human remains and
which is made of fiberboard, pressed wood, composition materials (with
or without an outside covering) or like materials which prevents the
leakage of body fluid?

Alternative container

Who can make a removal?

Funeral director - once funeral director acquires custody, can
delegate tasks to unlicensed employees

Must the purchaser sign the statement of goods and services?

yes

If refrigeration is used, how long is the extension which may be
granted prior to embalming, interment, or cremation?

72 hours

What type of identification tag must be placed with cremated remains?

a noncombustible tag or disc

When can the identification tag be removed?

Goes with remains - not removed

Define crypt

A chamber in a mausoleum of sufficient size to contain casketed human remains

Define disinterment application number

The number assigned to a disinterment application by the department
of public health, giving the funeral director the authority to
disinter casketed human remains or an urn containing cremated remains
from its place of final disposition

What items are required on the delivery receipt furnished by a crematory?

name, address, age, gender, cause of death date/time
of delivery and type of container name of funeral director
who sent remains signature of person who delivered
signature of person receiving name and address of
crematory

Who is responsible for attaching a permanent identification tag to a deceased?

the funeral director

For the definition of a change of ownership, what portion of the
establishment's ownership must change?

Change of controlling interest

A funeral director is late getting back from a committal service, and
another family comes in to make arrangements. May the unlicensed
spouse of the funeral director collect the data from the family for
the death certificate?

No

Who is the only person who can supervise a disinterment?

Funeral director

What term describes the placement of a casketed body in a structure
such as a mausoleum, crypt, tomb, or columbarium?

Entombment

Define First call

The original notification to the funeral director indicating the
place of death from which the human remain are to be removed

What term describes a recess or space in a columbarium or mausoleum
used for the placement of cremated human remains?

Niche

What items are required to be kept in the permanent records of a crematory?

Name of deceased, date/time of cremation, copies of
delivery/receiving receipts, disposition of cremated remains,
cremation authorization, permit for cremation from ME if required

What term describes a service commemorating the decedent?

Memorial ceremony

Define mausoleum

An above ground structure designed for entombment of human remains

How long will a disinterment application approved by the department
of health, remain valid?

30 days

May an unlicensed employee of the funeral home, take a deceased
person to a cemetery for burial?

Yes

Who is allowed in the embalming room during embalming?

Funeral director, intern, immediate family, or student

Define outer burial container

Any container which is designed for placement in the ground around a
casket or an urn including, but not limited to, containers commonly
known as burial vaults, urn vaults, grave boxes, grave liners, and
lawn crypts

Must human remains be embalmed to be cremated?

No

If the authorized person does not claim cremated remains, how long
must the funeral director wait to dispose of them?

60 days

Who gives a funeral director authority to disinter human remains?

Department of public health

What information must be on a permanent identification tag at the
time of disposition?

Name of deceased, Date of birth, date of death, social security #,
name and license # of funeral home in charge of disposition

What information needs to be included on an identification tag placed
with cremated remains?

name & license number of crematory, city & state where they
are located

What FTC items must the funeral director provide at the arrangement conference?

GPL Statement of funeral goods/services
prices of all goods/services types of ceremonies
specific goods/services

Can a cremation establishment contract with the general public for a cremation?

No

Within what time limit must a crematory cremate a body?

2 hours of delivery receipt

What term describes the concept of care based upon the assumption
that all blood and body fluids, and materials that have come into
contact with blood or body fluids, are potentially infectious?

Universal precautions

Define preparation room

A room in a funeral establishment where human remains are prepared,
sanitized, embalmed, or held for ceremonies and final disposition

What is the only location in which cremated remains may be commingled
without permission from the authorizing agents of each human remains?

Scattering garden

Define columbarium

A structure, room, or space in a mausoleum or other building
containing niches or recesses for disposition or cremated remains

When may an unlicensed person transport human remains, without a
licensee present?

Internship

Define casket

A rigid container which is designed for the encasement of human
remains and which is usually constructed of wood, metal, fiberglass,
plastic or like material and ornamented and lined with fabric

Define Funeral ceremony

A service commemorating the decedent

What information must be included on a cremation authorization form?

vital statistics DOD name & license # of
funeral home signature of authorized person
representation of authorization / no potentially hazardous
equipment, etc.

May the board impose civil penalties against an unlicensed person?

Yes

What information must be included in the proof of attendance provided
for continuing education?

date(s), location, course title, presenters # of
program contact hours certificate of completion or evidence
provided by course sponsor

How many continuing education hours are required for each renewal period?

Minimum 24 hours

What is the maximum civil penalty the board may fine a licensee who
is being disciplined by the board?

Not to exceed $1,000

After the second renewal biennium, can any of the continuing
education hours be carried over tot he next biennium?

No

How many continuing education hours may be earned for a licensed
funeral director who takes a 2 semester hours college credit course
relating to funeral service?

20 con ed hours

How many continuing education hours may be received by a presenter of
a 2 hour continuing education program?

6

May continuing education hours taken during the first biennial
renewal period be carried over to the second renewal period?

Yes

What categories are accepted for continuing education credit?

public health & technical, business management, social sciences,
legal ethical & regulatory

How many hours of continuing education hours needed for renewal must
be completed either in- person or live, real-time interactive media?

At least 12

During each renewal period, how many hours of continuing education
must be in the subject area of Iowa Laws and Rules?

2

What are the 6 duties that only a funeral director may complete?

Removal embalming & completing reports
conducting funeral arrangements conducting funeral
services cremation services signing death
certificates

What is the one task that a funeral director can accomplish, which
may not be accomplished by an intern?

Signing death certificates

May a funeral director refuse to give cremated remains to the family
if the family has not paid their bill?

No

What is the minimum information which must be included in the
permanent record of a funeral establishment?

name of deceased date and name of funeral director who
assumed custody date, place, & method of final
disposition of dead body date, time & place of
death name & address to funeral home date, time,
name of funeral director completing disposition

Who long may embalming records be retained by a funeral establishment?

10 years

What record must be retained by a funeral establishment for at left
10 years?

general price list; beginning on most recent effective
date each completed statement of goods and services;
beginning on date signed cremation records
embalming records each pre-need contract; beginning on
date of death

Are funeral directors required to have a burial-transit permit in
order to make a removal?

No

How long following a fetal death, does the physician have to complete
the medical certification?

24 hours

Can a family member revoke a decedent's wishes for anatomical
donation following the death?

No

How old must a person be to donate his/her body to science?

at least 18 years of age (or a minor 14-17 with parental consent)

What document needs to accompany bodies brought into this state for burial?

State's sufficient burial permit

If someone other than a funeral director is transporting a dead human
body, what type of container is required?

Any container that will control odor, and prevent leakage of body fluids

How long must a funeral director keep records for a body which the
funeral home performed the final disposition?

At least 10 years

Can cremated remains be scattered on public property?

Not without permission

Can a durable power of attorney make an anatomical donation?

Yes

Who issues a disinterment permit?

Department of public health

How many weeks gestation is an unborn child required to reach in
order to have a fetal death certificate issued?

20 weeks & 350 grams weight

How long after death and donation to anatomical donation college does
a family member have to claim the body by paying any expenses of the
college to receive the donation?

30 days

If an extension of time is needed to complete the medical
certification, what is the maximum time that will be allowed for the extension?

15 days

Who can accomplish a disinterment?

Only a funeral director

When must a death certificate be filed?

Within 3 days of death and prior to final disposition

If the father objects, may the mother of a decedent request an autopsy?

No, both have equal power and must agree

For what purposes can a body be disinterred?

Reburial or autopsy

When can cremated remains be scattered on private property/

Only with authorization from property owner

Who is responsible for filing a death certificate?

Funeral director who had original custody of the body

What offices services as the county registrar for vital statistics?

county recorder

How long are disinterment permits valid?

30 days

How long does a physician have to complete the medical certification
and sign a death certificate?

72 hours

Is a human skeletal remains (only the bones remain) considered to be
a dead body?

Yes, if by the state of the bones you can tell that the death
recently occurred.

What form must be filed prior to receiving a burial transit permit?

death certificate

How are anatomical donations disposed of, following use for
scientific purposes?

buried or cremated

To whom is the burial transit permit given by the funeral director?

anyone other than the fd, EMS or medical examiner who assumes custody
of the body

May the information on the death certificate by handwritten?

No, only typed

What acts under chapter 144, may constitute a serious misdemeanor if performed?

false statements on death certificate, alters/destroys death
certificate, fraudulently uses a death certificate, faking a birth
certificate, disinterring a body other than for autopsy/reburial

What term is utilized to refer to a person who names another person
in charge of their final disposition?

Declarant

What is the term which refers to a person who is named to be
responsible for another person's final disposition decisions after death?

designee

Where must a final disposition declaration be contained?

With a durable power of attorney form

What may be named in a final disposition declaration?

who you are designating as your chosen final disappear only

May funeral arrangements be included in the final disposition declaration?

No

List those persons who may not service as a designee.

Funeral director, attorney, agent/employee of the funeral home,
cemetery, crematory, elder home group, assisted living program, adult
day service program, or hospice program (unless related within the 3rd
degree of consanguinity)

List the persons in the order in which they have the right to control
final disposition

designee spouse child or majority of
parents grandchildren or majority of
sibling(s) grandparent(s) person in next degree
of kinship person who knows decedent and comes forward

Who must sign a final disposition declaration?

declarant & at least 2 individuals who are not named within
declaration (in front of a notary)

What effect does a divorce have on a final disposition declaration?

Nullifies declaration

May a person ho is not the designee have a funeral service with the
body present (if the designee objects)?

No

What term is defined by any natural person specified or included in a
purchase agreement, upon whose future death cemetery merchandise,
funeral merchandise, funeral services, or a combination thereof are to
be provided under the purchase agreement?

Beneficiary

What items are included in cemetery merchandise?

foundations, grave markers, tombstones, ornamental merchandise,
memorials and monuments sold under a purchase agreement that does not
require installation within 12 months of the purchase

What term describes the definition: the price of the merchandise and
services selected has not been fixed and will be determined by
existing prices at the time the merchandise and services are delivered
or provided?

Non-guaranteed

Define a provider under Chapter 523A

A person that provides funeral services, funeral merchandise, or
cemetery merchandise purchased in a purchase agreement.

By definition, what is included in the total purchase price of
funeral merchandise and services?

Aggregate amount the purchaser is obligated to pay for merchandise or
services pursuant to the purchase agreement, excluding any taxes,
administrative charges, or financing charges

What is the minimum percentage that must be trusted for pre-need trusts?

80%

If a consumer is making 4 installments on a pre-need agreement, what
percentage of each payment is to be placed into trust?

80%

Can the seller withdraw any of the principal that is in a trust account?

Not until death of the beneficiary

When must trust funds be deposited?

within 15 days after the close of the calendar month in which it was received

How often must an establishment file a pre-need report with the commissioner?

Annually each April 1st for the previous year's pre-need activity

During the last year, a funeral establishment sold 136 pre-need
purchase agreements. What is the amount of the filing fee included
with the annual pre-need trust report?

$1,360

If a trust fund is non-guaranteed and irrevocable, wha must be done
if there is money remaining after the funeral has been paid for?

The seller may pay any claims presented by the personal
representative, and will notify the director of human services within
60 days of date of death

May a seller of a trust withdraw the interest from the trust?

No, no one can take interest or income out

If funding a pre-need agreement with a new insurance policy, what is
the maximum amount the seller may be assigned?

No less than the amount of principal and interest

What are four alternative funding methods that may be used for
preened agreements, if trust is not used?

Insurance, annuity, certificate of deposit, surety bond

How long is the seller license to sell preened valid?

4 years

How often is a sales agent license for preened trusts renewed?

3 years

What is the amount of the fee a seller pays for each preened contract?

$10

What reasons may cause disciplinary actions to an establishment under
chapter 523A?

committing a fraudulent act, engaging in a deceptive act or practice,
selling by a person who is not a licensed sales agent

What is the minimum time that a consumer may be given in which to
rescind a pre-need agreement?

until midnight the 3rd business day

If a purchaser rescinds a pre-need agreement within the required time
frame, how much money is returned to the purchaser?

full refund

If a purchaser rescinds a pre-need agreement within the required time
frame, how long does the seller have to return the funds to the purchaser?

Within 10 days after recision

If a consumer cancels a pre-need agreement after the time to rescind
has expired, must the seller refund the funds?

Yes, but the funeral home may keep the actual expenses incurred for
the contract not to exceed 10% of the purchase price adjusted for inflation

If a consumer cancels a pre-need purchase agreement after the time to
rescind has expired, how long does a seller have to refund or transfer
the funds?

30 days

Which term (seller or sales agent) refers to the establishment?

Seller

What must a seller do if they only trust 80% of the trust money received?

Have a fidelity bond in order to trust less than 100%

What is the amount of a fidelity bond if required for trusting?

$50,000

What is the amount of fee for filing the annual report late?

$500

How often are pre-need sellers audited by the state office?

no less than once every 3 years

How can a seller present audits by the Insurance commissioner?

if the seller has had an audit from an independent CPA and provided
the audit to the commissioner

If money is returned to the Director of Human Services, what is the
maximum amount the seller may retain for administrative costs?

$50

Which pre-need sales agents must complete continuing education?

non-funeral director sales agents

Who must sequentially number the pre-need contracts - sellers or
sales agents?

Seller

What is the crime for a person who knowingly disturbs an interment space?

criminal mischief in the 3rd degree (aggravated misdemeanor)

What is the amount of the audit fee paid each year with the annual
report of a cemetery?

$5

Can a cemetery deny access to a licensed funeral director who is
attempting to conduct a graveside service?

No

What cemeteries are covered under chapter 523 I?

all but 1) private family burial sites 2) private burial site where
interment rights are given without payment & 3) pioneer cemetery

By when must the money be deposited into the care fund of a perpetual cemetery?

no later than the 15th day of the month when the cemetery receives
the final payment from a purchaser of interment rights

Six years following the setting of a monument, the monument settles
or sinks and then tilts on the grave. Who may pay to correct the problem?

The monument company

What areas are not included in the definition of a cemetery?

pioneer cemetery, private family burial plots, private burial spaces
open to a slim margin of the public (where money is not exchanged for
interment rights)

What are the 4 requirements for a perpetual care cemetery?

any cemetery organized after July 1, 1995 any cemetery
that has established a care fund any cemetery that
represents that it si a perpetual care cemetery in its interment
rights agreement any cemetery that represents that it
provides perpetual care

May a person who has purchased interment rights from a cemetery sell
those rights to a third party?

Yes

What term is defined by any care provided or to be provided for the
general maintenance of memorials?

memorial care

Must a cemetery allow a third party memorial dealer access to the
cemetery for installation of a monument?

No

May the initial despot made by the perpetual care cemetery into the
care fund be withdrawn?

Yes when the care fund balance reaches $100,000

If human remains are discovered who must be notified?

Medical examiner or law enforcement

What term is defined by a space of ground in a cemetery that is used
or intended to be used for an in-ground burial?

grave space

What term is defined by the rights to place remains in a specific
location for use as a final resting place or memorial?

interment rights

What term is defined by any product, including any foundation other
than a mausoleum or columbarium, use for identifying an interment space?

memorial

May a cemetery take out a loan on the cemetery property?

Yes

What term is defined by the funds set aside for the maintenance of a
non perpetual care cemetery?

maintenance fund

What term is defined by a cemetery that is not operating on a regular
basis, is not offering to sell or provide interments or other services
reasonably necessary for interment, and does not provide or permit
reasonable ingress and egress for the purposes of visiting interment spaces?

inactive cemetery

If a cemetery files an action to obtain the quiet title for bonded
grave spaces, how long does the owner of the interment rights have to
claim them?

3 years

What term is defined by an area within a cemetery established by the
cemetery as a subdivision for organizational purposes, not for sale purposes?

Garden

How long prior to installing a monument, must a third party memorial
dealer notify a cemetery prior to installation?

7 business days

What term is defined by a recess or s pace in a columbarium or
mausoleum used for placement of cremated human remains?

Niche

Who has jurisdiction over a grave space which is discovered and found
to be over 150 years old?

State archaeologist

What term is defined by a cemetery where there has been failure to
cut grass or weeds or care for graves, memorials, etc.?

Neglected cemetery

After this length of time, a cemetery may file to quiet title
interment rights which have not been used and is considered abandoned?

75 years

How long after the cemetery notices that a memorial has been damaged
does the cemetery have to report the damage to the owner of the
interment rights?

60 days

How much money must be deposited into a care fund for each grave
space in a perpetual cemetery?

No less than $50 or 20% of the gross selling price received by the
cemetery for each sale of interment rights, whichever is more

What term is defined by any area this is or was open to use by the
public in general or any segment thereof and is used or is intended to
be used to inter or scatter remains?

cemetery

Who may serve as the trustee of a care fund which has a balance
greater than $200,000?

the bank

Can a person privately care for the grave space of a family member?

Yes

What term is defined by a cemetery where there were six or fewer
burials in the preceding 50 years?

pioneer cemetery

Following the interment of Mrs. Smith, the cemetery discovers that it
buried her in the wrong space. What must be done to move Mrs. Smith to
the correct space within the same cemetery?

disinterment permit notice the commissioner and to the
person with right to control interment notify by
certificate mail 60 days before disinterment

Any new cemetery that established a care fund must deposit this
amount in the care fund

$25,000

What term is defined by an area in a cemetery containing more than
one interment space which is uniquely identified by an alphabetical,
numeric, or alphanumerical identification system?

lot

If a perpetual care cemetery is sold to a new owner, what happens to
the care fund trust?

goes to the new owner; also exists perpetually

What term is defined by funds set aside for the care of a perpetual
care cemetery?

care fund

What is the maximum civil penalty the commissioner may impose on a cemetery?

$10,000 per offense

For what reasons may the commissioner place a cemetery in a receivership?

it is insolvent it has utilized trust funds for
personal use/business use not appropriate amount held in
trust is less than required amount by law for a seller
subject to chapter 523A who owns/operates a cemetery subject to
chapter 523I

What percentage of money from a care fund may be withdrawn to pay for expansion?

20%