§ 10-14-26. Secretary of State Immune From Liability
For any action taken or any proceeding had under the provisions of this chapter or under color of the law, the Secretary of State shall be immune from liability and action to the same extent that any judge of any court of general jurisdiction in this state would be immune. History. Code 1981, § 44-3-150, […]
§ 10-14-12. Separate Accounts and Records; Owner Acting as Trustee; Bond; Removal of Trustee or Escrow Agent; Allocation of Funds; Financial Reports
Each registrant under paragraph (1) or (2) of subsection (b), or both, of Code Section 10-14-4 shall establish and maintain a separate and distinct account for the perpetual care trust fund for each cemetery and for the preneed escrow account. There shall be no commingling, codeposits, or transfers of funds between the accounts, except pursuant […]
§ 10-14-28. Actions Pending Under Prior Law
Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 2000, except that no civil action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause […]
§ 10-14-13. Venue for Civil or Criminal Actions
For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated this chapter, […]
§ 10-14-14. Administration of Chapter; Rules and Regulations
The administration of the provisions of this chapter shall be vested in the Secretary of State. The Secretary of State shall keep a record of all proceedings related to his or her duties under this chapter and shall keep records in which shall be entered the names of all cemeteries, preneed dealers, preneed sales agents, […]
§ 10-14-15. Investigations by Secretary of State; Subpoenas; Hearings
The Secretary of State, at his or her discretion: May make such public or private investigations or examinations inside or outside this state as he or she deems necessary to determine whether any person has violated or is about to violate any provision of this chapter or any rule, regulation, or order under this chapter […]
§ 10-14-16. Cemetery Rules and Regulations; Service Charges
The owner of every cemetery may make, adopt, and enforce rules and regulations for the use, care, control, management, restriction, and protection of such cemetery and of all parts and subdivisions thereof; for restricting, limiting, and regulating the use of all property within such cemetery; for regulating and preventing the introduction and care of plants […]
§ 10-14-17. Prohibited Acts; Fees
It shall be unlawful for any person: To sell or offer to sell any burial rights, burial or funeral services, or burial or funeral merchandise by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in […]
§ 10-14-18. Duties of Registrant; Written Contract
A registrant offering to provide burial rights, burial or funeral merchandise, or burial or funeral services to the public shall: Provide by telephone, upon request, accurate information regarding the retail prices of burial or funeral merchandise and services offered for sale by the registrant; Fully disclose all regularly offered services and merchandise prior to the […]
§ 10-14-19. Enforcement of Chapter; Civil Penalties
Whenever it may appear to the Secretary of State that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Secretary of State promulgated or issued pursuant to any […]