Commissioner; powers

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  • (a) In addition to other powers conferred by this subchapter, the Commissioner shall have the power to:

    • (1) Formulate and promulgate reasonable rules and regulations governing the operation of cemetery companies doing business in the Virgin Islands, which shall have the force and effect of law and he shall have the power to enforce same.

    • (2) Restrict or prohibit the sale or rental of space where the Commissioner finds it necessary in the public interest.

    • (3) Investigate upon his own initiative, or upon a verified complaint in writing, the actions of any person engaged in the business or acting in the capacity of a licensee under this subchapter, within the Virgin Islands. The license of a licensee may be revoked or suspended for a period not exceeding two (2) years, or until compliance with a lawful order imposed in the final order of suspension, or both, upon a finding of facts showing that the licensee has either failed to:

      • (a) Pay the fees required herein,

      • (b) Make any reports so required by this subchapter,

      • (c) Remit to the care and maintenance fund the required amounts, or

      • (d) Abide by any other regulations promulgated by the Commissioner.

  • (b) No license shall be suspended or revoked except after a hearing. The Commissioner shall give the licensee at least ten (10) days written notice, in the form of an order to show cause, of the time and place of such hearing by registered or certified mail addressed to the principal place of business in the Virgin Islands of such licensee. The said notice shall contain the grounds of complaint against the licensee.

  • (c) Any order suspending or revoking such license shall recite the grounds upon which the same is based. The orders shall be entered upon the records of the Department of Public Safety and shall not be effective until thirty (30) days after a copy of such order of suspension or revocation has been, by registered or certified mail, furnished to the licensee at such principal place of business.

  • (d) Any person aggrieved by an order issued by the Commissioner suspending or revoking his license may apply for a review thereof by filing a petition for review in the District Court of the Virgin Islands within 15 days following the issuance of such order.

  • (e) At such time as the Commissioner finds it necessary, he may:

    • (1) Bring an action in the name of the Government of the Virgin Islands District Court against such person to enjoin such person from engaging in or continuing such violation or doing any act or acts in violation of this subchapter. In any such action, an order or judgment may be entered awarding such temporary or permanent injunction as may be deemed proper; provided that before any such action is brought the Commissioner shall give the cemetery at least twenty (20) days notice in writing stating the alleged violation and giving the cemetery an opportunity within the twenty (20) day period to cure the violation.

    • (2) In addition to all other means provided by law for the enforcement of a temporary restraining order, temporary injunction, or permanent injunction the District Court shall have the power and jurisdiction to impound and to appoint a receiver for the property and business of the defendant, including books, papers, documents, and records appertaining thereto or so much thereof as the Court may deem reasonably necessary to prevent further violation of this chapter through or by means of the use of said property and business.

    • (3) The Commissioner may institute proceedings against the cemetery or its officers, where after an examination, pursuant to the subchapter, a shortage in the care and maintenance trust fund is discovered, to recover said shortage.


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