32-1391.01. Powers and duties of board A. The board shall adopt rules that: 1. Describe or define deceptive, misleading or professionally negligent practices concerning the offer or sale of prearranged funeral agreements funded by trust and the handling of these funds or accounts. 2. Implement and interpret consumer disclosure requirements of this article to provide […]
32-1391.02. Prearranged funeral agreements; restrictions on sales A. A person shall not enter into a prearranged funeral agreement other than in accordance with the provisions of this article and the rules adopted pursuant to this article. B. The board shall adopt rules that require every funeral establishment that sells prearranged funeral agreements to give a […]
32-1391.03. Department of insurance and financial institutions powers and duties; prearranged funeral trust accounts A. The department of insurance and financial institutions shall determine all of the following in its examinations of prearranged funeral trust accounts: 1. The names and addresses of purchasers of prearranged funerals and the amount each purchaser paid to the funeral […]
32-1391.04. Prearranged funeral trust accounts; books and records; inspection and examination A. All funeral establishments and financial institutions shall, on request of the department of insurance and financial institutions, make their prearranged funeral trust account books and records available for inspection and examination by the department. B. All financial institutions with trust funds deposited pursuant […]
32-1391.05. Prearranged funeral agreements funded by trusts; definition A. All monies paid under a prearranged funeral agreement funded by trust, except as provided in subsection B of this section, shall be deposited, within five business days after the receipt of the monies, in a prearranged funeral trust account with a financial institution doing business in […]
32-1391.06. Service fees; prearranged funeral agreements funded by trust A. A funeral establishment may charge an initial service fee when a person enters into a prearranged funeral agreement funded by trust of not to exceed fifteen per cent of the total amount agreed to be paid by the purchaser pursuant to the prearranged funeral agreement. […]
32-1391.07. Cancellation; prearranged funeral agreements funded by trust A. If a funeral establishment receives a written request from a purchaser of a prearranged funeral agreement funded by trust to terminate the agreement and refund the trust funds, the funeral establishment shall refund the remaining trust funds to the purchaser within five business days after it […]
32-1391.08. Prearranged funeral agreements funded by trust; death of beneficiary A. After the death of a beneficiary of a prearranged funeral agreement funded by trust, the financial institution shall release a portion of the remaining trust funds equal to the funeral establishment’s charges for funeral goods and services for the beneficiary’s funeral arrangement to the […]
32-1391.09. Prearranged funeral agreements funded by trust; consumer disclosures A. Each prearranged funeral agreement funded by trust shall contain the following conspicuous notice that shall be initialed by the purchaser: Notice to Purchaser This prearranged funeral agreement is for the future funeral arrangements of (name of beneficiary) . The payments you make under this prearranged […]
32-1391.10. Waiver of purchaser rights The rights granted by this article to purchasers of prearranged funeral agreements funded by trust shall not be abrogated, modified or limited except as provided in this article.
32-1391.11. Prearranged funeral agreements funded by trust; sales; restrictions It is unlawful for a person to offer or sell prearranged funeral agreements funded by trust unless the person is a registered salesperson or the designated funeral director employed or otherwise engaged by a funeral establishment that has been issued a prearranged funeral sales endorsement to […]
32-1391.12. Prearranged funeral sales endorsement; requirements; renewal A. A funeral establishment that desires to offer or sell prearranged funeral agreements funded by trust shall apply to the board for an endorsement to its establishment license. The board shall issue the endorsement if the funeral establishment satisfies the following requirements: 1. Pays the prescribed application fee […]
32-1391.13. Grounds for denial or refusal to renew funeral establishment sales endorsement or disciplinary action The board may deny or refuse to renew a prearranged funeral sales endorsement or may take disciplinary action against a funeral establishment if any of the following occurs: 1. The funeral establishment fails to satisfy the requirements of section 32-1391.12. […]
32-1391.14. Prearranged funeral salespersons; registration requirements; renewal; exemption A. Except for funeral directors designated to sell prearranged funerals pursuant to section 32-1391.12, a person employed or otherwise engaged by a funeral establishment to solicit, offer or sell prearranged funeral agreements funded by trust shall apply to the board for registration. The board shall issue the […]
32-1391.15. Grounds for denial or refusal to renew prearranged funeral salesperson registration or disciplinary action The board may deny or refuse to renew a prearranged funeral sales registration or may take disciplinary action against a registered prearranged funeral salesperson for any of the following reasons: 1. Failing to satisfy the requirements of section 32-1391.14. 2. […]
32-1391.16. Annual trust report A. On or before May 1, each funeral establishment holding a prearranged funeral sales endorsement shall file an annual report with the board concerning its prearranged funeral sales and trust account activities during the preceding calendar year. B. The funeral establishment shall pay the annual report fee prescribed in section 32-1309 […]
32-1391.17. Exemptions This article does not apply to: 1. The sale of cemetery lots, mausoleum or columbarium spaces, monuments, grave markers, outer burial containers, grave liners, vaults, cremation urns or similar burial or final disposition items by a licensed cemetery broker or cemetery salesperson. 2. A cremation or memorial society if the only payment to […]
32-1391.18. Violation; classification; penalties and remedies A. Except as otherwise provided by law, a person who recklessly violates this article is guilty of a class 1 misdemeanor. B. A person who violates this article is civilly liable to any person injured as a result of the violation in an amount equal to three times the […]
