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§ 23-78-101. Definitions

As used in this chapter: (1) “Association” or “burial association” means: (A) Any person, firm, association, copartnership, corporation, company, or other organization which, from and after February 18, 1953: (i) Undertakes for consideration paid by or on behalf of its members to defray all or a part of the funeral expenses of the members; (ii) […]

§ 23-78-102. Applicability

(a) (1) All burial associations organized or operating in the State of Arkansas as of February 18, 1953, shall be deemed in all respects to be organized or operating exclusively under the provisions of this chapter, and to have authority from the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to engage in […]

§ 23-78-103. Chapter exclusive authority

(a) This chapter shall be deemed and held exclusive authority for the organization and operation of burial associations within this state, and the associations shall not be subject to any other laws respecting insurance companies of any class, kind, or character. (b) However, this chapter shall not affect the validity of any membership certificate of […]

§ 23-78-104. Penalty

(a) A person, firm, association, copartnership, corporation, company, or other organization shall not organize, operate, or in any way solicit members for a burial association, or for participation in any plan, scheme, or device similar to burial associations, except in the manner provided by this chapter and the rules promulgated by the State Board of […]

§ 23-78-110. Certificate of authority

(a) Applications for a certificate of authority shall be on forms furnished by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, and a burial association shall not begin operation until the application has been approved and the certificate of authority has been granted by the board. (b) The following documents and information […]

§ 23-78-111. Fees — Oath at payment

(a) (1) In order to meet the expense of supervision and of carrying out the other provisions of this chapter, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may set license fees for burial associations subject to its jurisdiction as set forth in § 23-78-109. (2) The board shall collect the annual […]

§ 23-78-112. Certificate for benefits — Issuance

(a) No burial association shall issue a certificate for benefits for any member in excess of two thousand five hundred dollars ($2,500), and no certificate shall provide for free service, merchandise, or supplies in addition to the amount of benefits set forth in the certificate. (b) If other than the contract funeral home performs the […]

§ 23-78-113. Agent’s license required

(a) Before an agent or representative represents a burial association in this state, the agent or representative shall first apply to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for a license. (b) (1) The board shall have full power and authority to issue the license upon proof satisfactory to the board […]

§ 23-78-114. False claim, promise, or representation of agent

Any burial association official or agent or any representative of a burial association who for the purpose of inducing a member of one (1) association to change membership to another association shall make any false claim, promise, or representation not authorized in the bylaws of the association represented by him or her shall be guilty […]

§ 23-78-115. Rules and bylaws

All burial associations shall have and maintain rules and bylaws in such form and with such contents as prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

§ 23-78-116. Membership dues and assessments

(a) From and after February 18, 1953, a burial association organized or operating in this state shall not issue a certificate providing benefits for a member for an assessment or membership dues less than the minimum assessment or minimum dues prescribed for the benefits by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial […]

§ 23-78-117. Books, records, accounts, and documents — Inspection and audit

(a) The books, records, accounts, and documents of all burial associations organized or operating in this state shall at all times be open for inspection, examination, and audit by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, its agents and employees. (b) (1) Through its agents and employees, the board shall make […]

§ 23-78-118. Books — False entries prohibited

A person or burial association official who knowingly makes or allows to be made a false entry on the books of the association with intent to deceive or defraud a member of the association or with intent to conceal the true condition of the association from the State Board of Embalmers, Funeral Directors, Cemeteries, and […]

§ 23-78-119. Records — Failure to maintain

(a) A burial association secretary or secretary-treasurer who fails to maintain records to the minimum standards required by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall be removed by the board from office and another elected by the association in his or her stead. (b) The election shall be immediately upon […]

§ 23-78-120. Semiannual reports

(a) (1) Using forms provided by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, each burial association or society licensed in this state shall file a semiannual report showing the actual financial condition of the burial association or society as of June 30 and December 31 of each year. (2) The report […]

§ 23-78-121. Rules

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall make and promulgate reasonable rules for the administration of this chapter and for the purpose of carrying out the intent of this chapter. (b) The rules promulgated under subsection (a) of this section have the full force and effect of statute.

§ 23-78-122. Disposition of collections

(a) (1) (A) Seventy-five percent (75%) of the collections of any burial association or society shall be solely for the payment of benefits provided by membership certificates and shall not be used for the payment of operating expenses. (B) The annual license fee shall not be considered an operating expense, and the annual license fee […]

§ 23-78-123. Disposition of fees and charges

(a) (1) All fees and charges collected by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services under this chapter shall be deposited into a cash fund deposited to the State Treasury. (2) The board is empowered to expend the funds for the requirements, purposes, and expenses of the board under the provisions […]

§ 23-78-124. Revocation of certificate, license, charter, etc. — Hearing

(a) Before revoking a certificate of authority or license granted under this chapter or any charter or other authority granted to a burial association under any law effective before February 18, 1953, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall set the matter down for a hearing. (b) At least twenty […]