Montana Code Annotated 2023



Part 8. Perpetually Maintained Cemeteries -- Trusts

Inspection Of Cemeteries And Audit Of Cemetery Companies

37-19-808. Inspection of cemeteries and audit of cemetery companies. (1) For each cemetery examined or each cemetery company audited as provided in 37-19-807 and in accordance with this part, the cemetery company shall pay to the board a fee for each examination or audit as the board prescribes by rule. When an examination or inspection is ordered by the board, the cemetery company shall pay, at the state per diem rate, travel expenses, meals, and lodging for each day that a member of the board or an authorized examiner spends in examining the physical condition or appearance of a cemetery. Once audited, a cemetery company may not be required to submit to an audit at the request of the board for a period of 5 years unless complaints have resulted in a formal notice of disciplinary action by the department against the cemetery company.

(2) (a) In lieu of any financial examination that the board is authorized to make, the board may accept the audit of an independent certified or registered public accountant if the board has notified the cemetery company that the audit would be acceptable and the cemetery company has notified the board in writing that the audit will be prepared.

(b) The scope of the audit allowed under subsection (2)(a) must be at least equal to the scope of the examination required by the board.

History: En. Sec. 7, Ch. 52, L. 1997; amd. Sec. 11, Ch. 49, L. 2019.