N.Y. Not-for-Profit Corporation Law § 1504: Cemetery board and general administration

§ 1504. Cemetery board and general administration.

(a) A cemetery board is hereby created within the division of

cemeteries in the department of state, subject to the following

requirements: (1) The members of such board shall be the secretary of

state, the attorney general and the commissioner of health, who shall

serve without additional compensation. (2) The secretary of state,

attorney general and commissioner of health may each, by official order

filed in the office of his respective department and in the office of

the board, designate a deputy or other representative in his department

to perform any or all of the duties under this section of the department

head making such designation, as may be provided in such order. Such

designation shall be deemed temporary only and shall not affect the

civil service or retirement rights of any person so designated. Such

designees shall serve without additional compensation. (3) The

secretary of state shall be chairman of such board, provided that in his

absence at any meeting of the board the attorney general or the

commissioner of health, in such order, if either or both be present,

shall act as chairman. When designees of such officers, in the absence

of all such officers, are present at any meeting of the board, the

designee of the secretary of state, if present, and in his absence one

of the other designees present, in the same order of preference as

provided for the officer appointing him, shall act as chairman. (4)

Technical, legal or other services shall be performed in so far as

practicable by personnel of the departments of state, law and health

without additional compensation but the board may employ and compensate

within appropriations available therefor such assistants and employees

as may be necessary to carry out the provisions of this section and may

prescribe their powers and duties. (5) Two members of the board shall

constitute a quorum to transact the business of the board at both

regular and special meetings. (6) The board shall meet at least once a

month, shall keep a record of all its proceedings and shall determine

the rules of its own proceedings. (7) Special meetings may be called

by the chairman upon his initiative, and must be called by him upon

receipt of a written request therefor signed by another member of the

board. Written notice of the time and place of such special meeting

shall be delivered to the office of each member of the board. (8) The

board shall have the duty of administering the provisions of this

chapter which deal with cemetery corporations other than the cemeteries

and cemetery corporations enumerated in section fifteen hundred three

and shall have all the powers herein provided and such other powers and

duties as may be otherwise prescribed by law.

(b) Director of the division of cemeteries. The cemetery board shall

appoint a director of the division of cemeteries who shall hold his

office for a term of six years. He shall receive an annual salary to be

fixed by the board within the appropriations available to the board.

Subject to the supervision, direction and control of the board, the

director of the division of cemeteries shall be responsible for the

administration of this article and he shall exercise and perform such

duties and functions of the board as it may assign or delegate to him

from time to time.

(c) Powers and duties of the cemetery board. With respect to any

cemetery or cemetery corporation, the cemetery board shall have the

following duties and powers: (1) To adopt such reasonable rules and

regulations as the cemetery board shall deem necessary for the proper

administration of this article. (2) To order any cemetery corporation

to do such acts as may be necessary to comply with the provisions of

this article or any rule or regulation adopted by the cemetery board or

to refrain from doing any act in violation thereof. (2-a) To adopt

reasonable rules and regulations to exempt those cemetery corporations

from the provisions of paragraph (h) of section fifteen hundred ten of

this chapter which because of a limited number of paid employees or

appropriate resources are unable to carry out such provisions. (2-b) To

adopt reasonable rules and regulations to extend the time period

mandated by the provisions of paragraph (h) of section fifteen hundred

ten of this chapter when necessary because compliance by a cemetery

corporation within such time period is impossible. (3) To enforce its

orders by mandamus or injunction in a summary proceeding or otherwise.

In connection with such action or proceeding, the attorney general is

authorized to take proof, issue subpoenas and administer oaths in the

manner provided in the civil practice law and rules. (4) To impose a

civil penalty upon a cemetery corporation not exceeding one thousand

dollars, after conducting an adjudicatory hearing pursuant to the

provisions of the state administrative procedure act, for a violation of

or a failure to comply with any provisions contained in this article or

any regulation, directive or order of the board, and without the need to

maintain a civil action pursuant to subdivision five of this paragraph.

(5) To maintain a civil action in the name of the people of the state to

recover a judgment for a money penalty imposed under the provisions of

this article.

(d) Judicial review. Any order or determination of the cemetery

board made pursuant to this article shall be subject to review by the

supreme court in the manner provided by article seventy-eight of the

civil practice law and rules; provided, however, that an application for

review of such order or determination must be made within one hundred

twenty days from the date of the filing of such order or determination,

and provided further that no stay shall be granted pending the

determination of the matter except on notice to the cemetery board and

for a period not exceeding thirty days. Proceedings to review such order

shall be entitled to a preference.