California Business and Professions Code 7613.1 – The bureau shall examine the endowment care funds of a cemetery …
The bureau shall examine the endowment care funds of a cemetery authority:
(a) Whenever it deems necessary and at least once every five years.
Terms Used In California Business and Professions Code 7613.1
- Bureau: means the Cemetery and Funeral Bureau. See California Business and Professions Code 7601
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Director: means the Director of Consumer Affairs. See California Business and Professions Code 7601
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
(b) Whenever the cemetery authority in charge of endowment care funds fails to file the report required by this article.
(c) Whenever the accountant or auditor qualifies their certification of the report that is prepared and signed by a certified public accountant licensed in the state and prepared in accordance with Section 7612.6.
(d) Whenever the bureau receives a valid complaint alleging the authority has engaged in financial misconduct or neglect of duties.
(e) The reasonable and necessary cost of the examination performed under subdivision (b) or (c) shall be paid by the cemetery authority.
(f) A certified copy of the actual costs, or a good faith estimate of the costs where actual costs are not available, signed by the director or the director’s designee, shall be prima facie evidence of the reasonable and necessary costs of the examination.
(g) The actual and necessary expense of the examination under subdivision (a) shall, in the discretion of the bureau, be paid by the cemetery authority whenever the examination requires more than one day and the need for continuing the examination is directly related to identified omissions and errors in the management of endowment care funds.
(Amended by Stats. 2021, Ch. 442, Sec. 2. (AB 651) Effective January 1, 2022.)