§ 10-14-25. Waiver of Rights or Defenses in Cemetery Purchase Agreements Void
Any condition, stipulation, or provision binding any person acquiring any burial lot, burial right, burial merchandise, or burial services to waive: Compliance with any provision of this chapter or of the rules and regulations promulgated under this chapter; Any rights provided by this chapter or by the rules and regulations promulgated under this chapter; or […]
§ 10-14-11. Stop Order Suspending or Revoking a Registration; Denial or Refusal of Application for Registration; Penalties
The Secretary of State may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration and shall give notice of such issuance pursuant to Code Section 10-14-23 if he or she finds that the order is in the public interest and that: The registration as of its effective date, […]
§ 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 […]
§ 10-14-3.1. Authority of Boards
As provided in this Code section, the boards may have all administrative powers and other powers necessary to carry out the provisions of this chapter, including the authority to promulgate rules and regulations, and the Secretary of State may delegate to the boards all such duties otherwise entrusted to the Secretary of State; provided, however, […]