{"data":{"id":"us-ok/okla.-stat.-tit.-8-8-183","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 8, § 8-183","heading":"Certificate of authority - Application - Investigation -","body":"Public hearing - Expenses.\n\n(a) No organization subject to the provisions of this act shall\n\nlocate or establish a cemetery in any county of this state except\n\nafter a certificate of authority has been issued therefor by the\n\nboard of county commissioners of the county wherein such cemetery is\n\nto be located and operated, except that no application shall be\n\nrequired pursuant to Section 2 of this act. The issuance of such\n\ncertificate of authority shall rest solely in the discretion of the\n\nboard of county commissioners of the county wherein such cemetery is\n\nto be located and operated. The request to establish such proposed\n\ncemetery shall be set forth in a written application made to the\n\nboard of county commissioners, provided that the form of the\n\napplication shall be prescribed and furnished by the board and shall\n\ncontain such information as the board may require; provided,\n\nhowever, that no such certificate of authority shall be required for\n\nestablishing or operating any cemetery, graveyard or burial ground\n\nin such cities containing a population over three hundred thousand\n\n(300,000), authority for the construction and operation of which\n\nshall be obtained from the governmental planning commission having\n\njurisdiction over zoning and building regulations covering the area\n\nwherein such cemetery, graveyard or burial ground is located.\n\n(b) The board of county commissioners shall not approve an\n\napplication nor issue a certificate of authority until:\n\n1. The board shall make or cause to be made an investigation\n\nand examination of the applicant and the application.\n\n2. The board shall give notice of such application, and the\n\nhearing to be held thereon, by publication once a week for two (2)\n\nconsecutive weeks in a newspaper having a general circulation in the\n\ncounty in which the applicant proposes to locate and operate the\n\ncemetery.\n\n3. The board shall, after the date of the said publication,\n\nhold a public hearing on the application in such place in the county\n\nas it shall designate.\n\n(c) After the filing of the application for a certificate of\n\nauthority, the board of county commissioners shall make or cause to\n\nbe made a careful investigation and examination relating to the\n\nfinancial standing and character of the organizers of the proposed\n\ncemetery, the character and qualifications and experience of the\n\nofficers and managers thereof, for the use of the board, which\n\ninformation shall be considered confidential; of the adequacy of the\n\ninitial investment in the proposed cemetery; of the adequacy of the\n\nplanned perpetual care fund if the proposed cemetery is to be a\n\nperpetual care cemetery; of the proximity of the proposed cemetery\n\nto human dwellings and the sanitary and health conditions in regard\n\nto the location of the proposed cemetery; and of the public\n\nnecessity for the cemetery in the community in which such proposed\n\ncemetery is to be located and operated; and if the board of county\n\ncommissioners, after the public hearing herein provided, shall\n\ndetermine any of the questions unfavorable to the applicant, the\n\napplicant shall not be approved and the certificate of authority\n\nshall not be issued, and if such questions be determined favorably\n\nby the board, the board shall approve the application and the\n\ncertificate of authority shall be issued.\n\n(d) At the public hearing any person who is interested may\n\nappear and be heard, either in person or by his attorney. Within\n\nsixty (60) days from the date of such hearing the board of county\n\ncommissioners shall render its findings and decision, in such form\n\nand detail as it shall prescribe, and a copy of the same shall be\n\nforwarded to the applicant and all persons who have entered an\n\nappearance.\nAt the public hearing any person who is interested may\n\nappear and be heard, either in person or by his attorney. Within\n\nsixty (60) days from the date of such hearing the board of county\n\ncommissioners shall render its findings and decision, in such form\n\nand detail as it shall prescribe, and a copy of the same shall be\n\nforwarded to the applicant and all persons who have entered an\n\nappearance.\n\n(e) All expenses which may be incurred by the board of county\n\ncommissioners in performing its duties as provided in this section\n\nshall be paid to the board by the applicant at the time of filing\n\nthe application for the certificate of authority, provided such\n\nexpenses shall in no event exceed Five Hundred Dollars ($500.00) and\n\nany balance remaining unexpended shall be returned to the applicant\n\nby the board at the conclusion of the hearing.","path":["OK Code","Title 8"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os8.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"609eb535e3df074be6a853fdd05d7a9208f152e60d0faa405d370526e115d67c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-8-8-182","next":"us-ok/okla.-stat.-tit.-8-8-184"},"notice":"GroundRules: Original legal text. Not legal advice."}