§ 46-1-305. Attorney’s Fees
In addition to the liabilities declared in § 46-1-304, the suitor who brings suit and recovers from a stockholder, director or officer of a company shall also recover reasonable attorney’s fees, the amount of which shall be fixed and adjudged by the court before whom the case is tried.
§ 46-1-306. Reasons to Refuse to Issue or Renew, and to Revoke or Suspend Registration — Disciplinary Action — Civil Penalties — Compliance Examination or Independent Audit — Withholding of Earnings and Disbursements — Authority to Issue Citations — Notification and Sharing Information
The commissioner may refuse to issue or renew, and may revoke or suspend, the registration of any cemetery registered pursuant to this chapter or corresponding provisions of prior law for any one (1) or more of the following reasons: Fraud or deceit on the part of a cemetery operator in application for registration; Cancellation, revocation, […]
§ 46-1-215. Financial Reports
Within seventy-five (75) days after the end of the calendar year or its fiscal year and within seventy-five (75) days on an annual basis thereafter, each cemetery company shall file with the commissioner a report of its condition, on forms provided by the commissioner, which report shall contain the following information: The name of the […]
§ 46-1-216. Verification of Reports — Public Records
The annual reports required to be filed in this part shall be duly verified under oath by the owner of the cemetery company and the annual reports by the trustee of the trust fund. Upon filing, the reports shall become public records.
§ 46-1-217. Agreement With Owners of Real Property to Conduct Improvement Care to Graves Located on Property
Interested persons, as that term is defined in § 46-4-102, may enter into an agreement with the owners of real property that is not designated as a cemetery, but does have human remains with marked and identifiable graves, to conduct improvement care, as that term is defined in § 46-1-102, to the graves located on […]
§ 46-1-218. Net Earnings of Improvement Care Trust Fund Sufficient for Permanent Maintenance and Upkeep
When the improvement care trust fund has become sufficiently large that the net earnings, as defined in § 46-1-204, will ensure the permanent maintenance and upkeep of the cemetery, and the officers and board of directors are of the opinion that it is no longer necessary to continue to set aside twenty percent (20%) to […]
§ 46-1-301. Powers and Duties of Commissioner
The commissioner is responsible for administering and enforcing this chapter. The commissioner may promulgate rules and regulations that are reasonably necessary to effectuate the purposes of this chapter. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The commissioner may seek relief at […]
§ 46-1-205. Payment of Dividends — Restrictions — Recovery
No dividend, salary or compensation of any description shall be paid to any stockholder of any cemetery company or any cemetery operator until the company has first set up the improvement care trust fund in the manner and amount provided in § 46-1-204, and no dividend, salary or compensation shall be paid to any stockholder […]
§ 46-1-206. Sales of Pre-Need Cemetery Merchandise and Services
Except as provided in this section, no cemetery company shall directly or indirectly offer to or enter into a contract for the sale of cemetery merchandise or services to be used or performed in connection with the interment or commemoration of a deceased human being, if delivery of the cemetery merchandise, other than for incidental […]
§ 46-1-207. Pre-Need Sales Contracts — Pre-Need Trust Accounts
A sales contract shall be executed in duplicate, and a signed copy given to the purchaser. The contract shall contain the names of the purchaser and the seller and the name of any person, if other than the purchaser, who is to receive the cemetery merchandise or services contracted for, and a description of the […]