§ 46-1-308. Fraud as to Pre-Need Sales Contract
In civil actions in which the prevailing party proves fraud relative to a pre-need sales contract for cemetery merchandise and services under this chapter, the prevailing party shall receive treble damages, together with attorney’s fees, costs, and interest.
§ 46-1-309. Revocation of Charter or Certificate of Authority
Failure to comply with § 46-1-204 or § 46-1-215 shall constitute grounds for the state to revoke the charter or certificate of authority of a corporate cemetery company. The revocation proceeding may be filed in the chancery court of the county where the cemetery is located, and may be brought on relation of the state […]
§ 46-1-310. Action by State for Recovery of Illegally Paid Dividends
The state is authorized to recover from stockholders, for the use of the company, dividends illegally paid under § 46-1-205. The state is also authorized to recover from the officers and directors of the company and the cemetery operators, at any time, for the use of the company, an amount sufficient to bring the improvement […]
§ 46-1-311. Deficiency in Improvement Care Fund — Failure to File Reports — Effect — Orders
The commissioner may, upon determining that a deficiency exists in the improvement care fund or that a cemetery company has willfully failed to file annual reports, as provided in § 46-1-302, of any cemetery or separate geographical site of a cemetery as required by this chapter, order the correction of the deficiency or failure to […]
§ 46-1-312. Requirements for Appointing a Receiver to Manage a Cemetery
The Davidson County chancery court, upon the petition of the commissioner, may appoint the commissioner as receiver to take charge of, control and manage a cemetery registered or required to be registered with the commissioner, upon determining that any of the following grounds exist: The cemetery has not maintained trust funds in the manner required […]
§ 46-1-313. Trespass on or Injury to Cemetery Property — Interference With Processions or Religious Exercises — Penalty
No person shall willfully destroy, deface, or injure any monument, tomb, gravestone, or other structure placed in the cemetery, or any roadway, walk, fence or enclosure in or around the cemetery, or injure any tree, plant or shrub, or hunt or shoot, play at any game or amusement, or loiter for lascivious or lewd purposes […]
§ 46-1-307. Violations — Penalties — Enforcement
Any cemetery company or seller who, having received any moneys under or in connection with a pre-need sales contract for cemetery merchandise and services, fails to deposit or keep on deposit the moneys as required in this chapter, or who fails to substantially perform the contract described in this chapter, commits a Class E felony. […]
§ 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 […]
§ 46-1-302. Penalty for Failure to File Report
Any owner or officer of a cemetery company or officer of the trustee of the respective improvement care fund who willfully fails to make the required report, or to file the report of the trustee, required in this chapter, commits a Class A misdemeanor. Upon failure to receive an annual report from any cemetery company […]
§ 46-1-303. Duties and Authority of Commissioner
It is the duty of the commissioner or the commissioner’s duly authorized representatives to examine the annual reports made by the cemetery companies and the annual reports made by the trustees, which shall be filed and carefully preserved as a part of the permanent records of the office. The commissioner or the commissioner’s duly authorized […]