If a cemetery authority refuses or neglects to make a required report or to file an annual registration statement or willfully disobeys a valid order of the director or violates any provisions of the Endowed Care Cemetery Act or rule of the director, or if it appears to the director from any report or examination that a cemetery authority has committed a violation of law, that the care funds have not been administered properly or that it is unsafe or inexpedient for the cemetery authority or the trustee of the care funds of the cemetery authority to continue to administer those funds or that any officer of the cemetery authority or of the trustee of the care fund of the cemetery authority has abused his trust or has been guilty of misconduct in his official position injurious to the cemetery authority or that the cemetery authority has suffered as to its care funds a serious loss by larceny, embezzlement, burglary, repudiation or otherwise, the director may:
A. conduct an investigation or hold a hearing to investigate any allegations pertaining to violations of the provisions of the Endowed Care Cemetery Act;
B. issue any order in furtherance of the duty imposed on him by the Endowed Care Cemetery Act;
C. institute a lawsuit in the district court of the first judicial district for Santa Fe county to recover any amounts due to the care funds; or
D. apply to the district court of the first judicial district for Santa Fe county for other relief consistent with the duty imposed on him by the Endowed Care Cemetery Act.
History: 1953 Comp., § 67-29-14, enacted by Laws 1961, ch. 156, § 14; 1973, ch. 113, § 3; 1981, ch. 192, § 5; 2001, ch. 149, § 14.
ANNOTATIONSThe 2001 amendment, effective July 1, 2001, deleted "of the financial institutions division" following "director" in the first sentence of the undesignated paragraph; in Subsections C and D, substituted "the first judicial district for Santa Fe county" for "the county where the responsible cemetery authority or cemetery is located", and in Subsection C, deleted "endowed" preceding "care funds".