§ 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.