(b) Form of application.

1. (1) The application for a permit to establish and operate a cemetery is not required to be in any specific form, but it must be in writing and signed in the presence of a notary.

2. (2) The application shall include the following components:

   1. (A) Date of filing. One (1) original signed copy, under oath, and one (1) copy of the application must be filed with the board not less than twenty (20) calendar days prior to the board meeting at which the application is to be considered;
   2. (B) Fee.

(i) If the application is for a permit to establish a cemetery, then a fee of fifteen hundred dollars ($1,500.00) shall accompany the application.

1. (ii) If the application is to extend the boundaries of an existing cemetery, then a fee of four hundred dollars ($400) shall accompany the application; and

   1. (C) Survey and map.

      1. (i) The applicant shall file a survey and map with the board.
      2. (ii) If the survey and map are filed with the Department of Health, as part of the investigation undertaken by the department, then the applicant may submit proof of the filing with the department.
      3. (c) Protest to application for permit.
2. (1) Whenever any person desires to protest the issuance of a permit, the protestant shall file with the board a written protest setting forth any objections.
3. (2) Any such protest must be filed at least seven (7) calendar days before the board meeting at which the application is to be heard.

4. (3) The protestant shall send a copy of the protest to the cemetery company making application, and the protestant shall also submit to the board, proof that he or she sent a copy of the protest to the cemetery company.

   1. (d) Additional information required. In addition to the required information provided in Arkansas Code § 20-17-1008, any application to establish a new cemetery shall contain the following information:

5. (1)

   1. (A) The applicant’s form of business organization, e.g. corporation, partnership, sole proprietorship, limited liability company, etc.
   2. (B) If the form of business is a corporation or limited liability company, the applicant must identify under which state law the entity is incorporated or organized;

6. (2) If the applicant is a foreign corporation or limited liability company, the following information must be submitted:

   1. (A) The applicant’s resident agent for service of process;
   2. (B) The address of the applicant’s home office; and
   3. (C) A statement that the applicant has been registered with the Secretary of State as a foreign corporation or a limited liability company, doing business in the State of Arkansas;
7. (3) The names and addresses of applicant’s managing officers and board of directors, or if a partnership, the names and addresses of all partners and their respective share of the business;

8. (4)

   1. (A) The amount of outstanding capital stock of the applicant and a list of the stockholders of record who hold, own, or control at least twenty percent (20%) or more of the voting or capital of the applicant.
   2. (B) The list of stockholders must indicate if a stockholder of record holds the stock as trustee or agent for someone other than himself or herself;

9. (5)

   1. (A) A copy of the articles of incorporation, articles of organization, bylaws, or similar founding charter of the applicant.
   2. (B) The copy must be duly authenticated and certified by the proper authority.
   3. (C) If the applicant is a partnership, then it must submit a copy of the partnership agreement;

10. (6)

    1. (A) A statement as to whether the corporation or limited liability company is a subsidiary of another corporation or limited liability company.

    2. (B) If the applicant is a subsidiary, then it shall submit:

       1. (i) The name of the parent organization;
       2. (ii) The percentage of voting securities owned by the parent organization; or
       3. (iii) Any other basis of control by the parent organization;

11. (7)

    1. (A) A description of all property held by the applicant.
    2. (B) If any such property is not held in fee or is subject to any encumbrance, then the applicant must so state and briefly describe how held;
12. (8) A statement as to whether the applicant is the owner or operator of any other cemetery in this or any other state and the name and address of the cemetery (or cemeteries), and the contact information of the cemetery or cemeteries;

13. (9)

    1. (A) A statement briefly describing the nature of any legal proceedings against the applicant, any of its owners, officers, agents, or employees, or the partners of a partnership, or the owner of a proprietorship, which have occurred within the last ten (10) years.
    2. (B) The person responsible for the application shall also submit a statement about any final judgments or orders against an applicant, an owner, an officer, an agent, an employee, or a partner, or an owner of a proprietorship, and the person may submit copies of the final judgments or orders;
14. (10) A consolidated balance sheet and a profit and loss statement prepared by an independent certified public accountant showing the financial condition of the applicant as of thirty (30) calendar days before the filing of the application;

15. (11)

    1. (A) A statement showing an estimate of the volume of sales expected to be produced in the first five (5) years of operation.

    2. (B) The estimate should be based upon criteria such as:

       1. (i) Projected population growth in the area;
       2. (ii) The number of cemeteries in the area;
       3. (iii) The condition of these cemeteries; and
       4. (iv) Any other relevant facts; and
16. (12) Any other evidence which would show a public need for the cemetery.

(f)

1. (1) The applicant shall designate an individual to be responsible for the application.
2. (2) The individual shall undergo and pass a state criminal background check, the cost of which shall be borne by the applicant.