Section 1249.320  Opportunity to Cure Violation

a)         A cemetery authority accused of violating Section 20-5 of the Act shall have a reasonable opportunity to cure the violation.  The cemetery authority shall have 10 business days from receipt of notice to cure the violation.  The opportunity of a cemetery authority maintaining a partial exemption to file a written response to a complaint pursuant to Section 25-3(b)(2) of the Act shall include the opportunity to cure the violation as provided in this Section.

b)         If a cemetery authority cannot cure the violation in the time allotted by subsection (a), the cemetery authority may request a time extension in order to cure the violation.  The request for an extension shall be made in writing to the Division and must be postmarked within the time allotted to cure in subsection (a).  The request shall outline all reasons for the extension and an estimated date by which the cure will be accomplished.  Acceptable reasons include, but are not limited to, delays caused by weather conditions, season or climate; equipment failures or acquisitions of materials or supplies being addressed by the authority in a timely manner; unexpected temporary absences of personnel; etc.  The Division may approve or deny the extension.  If the extension is denied, the cemetery authority must cure the violation within 10 days after the date of receipt of the Division's extension denial.