(a)

1. (1) A specific form is not required.
2. (2) However, one (1) original copy signed in the presence of a notary, and one (1) copy of the application to transfer ownership of a cemetery shall be filed with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
3. (3) The application shall include the information required in Arkansas Code § 20-17-1012.

(c)

1. (1) The application to transfer ownership shall be accompanied by a fee of fifteen hundred dollars ($1,500).
2. (2) However, the fee is not required if the person or entity who is to gain the controlling interest of the cemetery is an heir to the estate of the individual who previously held the controlling interest in the permit.

(d) The following provisions apply to all applications to transfer ownership of a cemetery:

1. (1) The cemetery company proposing to acquire the ownership or a controlling interest in a cemetery company currently holding a permit shall file the information set forth in 20 CAR § 830-105(d)(1) – (10), unless upon proper showing the board waives one (1) or more of the requirements;
2. (2) If any of the information required by 20 CAR § 830-105(d)(1) – (10) or Arkansas Code § 20-17-1012 is already on file with the board, then the applicant may incorporate the previous filings by reference; and
3. (3) The board may require the cemetery company proposing to acquire or the cemetery company proposing to dispose of the ownership of a cemetery to submit such other information as it deems necessary.

(f)

1. (1) Prior to the sale or transfer of ownership, the seller or transferor shall notify the board of the proposed sale or transfer.
2. (2) Such notification need not be in any specific form but it must be in writing and signed in the presence of a notary.

(g) The seller shall submit the following information:

1. (1) A report disclosing:

   1. (A) The balances as reported on last previous annual report;
   2. (B) The amounts of sales for which payment has been made in full since the annual report;
   3. (C) The corresponding deed or instrument numbers which have been issued;
   4. (D) The amounts and dates of each deposit made to the permanent maintenance fund; and
   5. (E) Such other information necessary to show that all amounts due to be paid into the permanent maintenance fund have been satisfied.

2. (2) Listings which detail each account receivable and each discounted note showing the:

   1. (A) Name of the lot purchaser;
   2. (B) Gross amount of the lot sale price; and
   3. (C) Outstanding balance;
3. (3) Report of the trustee disclosing the date and amount of all deposits to the trust fund since the annual report, the dates and amounts of income earned and disbursed since the annual report, and a listing of all assets of the permanent maintenance fund delineating between principal assets and income assets; and

4. (4)

   1. (A) All reports and listings required by subsection (g) of this section shall be as of the same date, which date shall not be more than forty-five (45) calendar days prior to the date of the board meeting at which the application shall be heard.
   2. (B) The reports and listings shall be filed at least seven (7) calendar days prior to such meeting date.

(i)

1. (1) If the board finds that the seller or transferor and the purchaser or transferee have submitted all required information, the board shall order the issuance of a new permit to the purchaser or transferee.
2. (2) The new permit shall supersede the previous permit.
3. (3) The date of the new permit shall coincide with the date of sale or transfer.
4. (4) The permit holder shall file a copy of the newly issued permit with the county clerk of the county in which the cemetery is located and shall send a copy of the new permit to the Department of Health.