Section 7-4A-01 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Advisory Committee” means the Family Security Trust Fund Advisory Committee.     (c)    “Fund” means the Family Security Trust Fund.

Section 7-4A-02 – Authority

    This subtitle does not limit the authority of the Board to:         (1)    Take any action against a licensee under the disciplinary provisions of §§ 7–316 through 7–320 of this title; or         (2)    Take any other disciplinary or other action authorized under this title.

Section 7-4A-03 – Family Security Trust Fund

    (a)    There is a Family Security Trust Fund.     (b)    The Board shall:         (1)    Administer the Fund; and         (2)    Over a reasonable period of time, build the Fund to a level of $1,000,000 and thereafter maintain the Fund at that level.     (c)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and […]

Section 7-4A-04 – Family Security Trust Fund Advisory Committee

    (a)    There is a Family Security Trust Fund Advisory Committee.     (b)    The Advisory Committee consists of the following five members:         (1)    Three members of the Board, including one consumer member, appointed by the Board;         (2)    One member designated by the Maryland State Funeral Directors Association; and         (3)    One member designated by the Funeral Directors and Morticians Association of Maryland, Inc. […]

Section 7-4A-05 – Payments by Funeral Establishment

    (a)    Before the Board issues an initial funeral establishment license, the funeral establishment shall pay, in addition to all other applicable fees, a fee of $375 to be credited to the Fund.     (b)    (1)    Each funeral establishment shall pay $375 per year into the Fund, until the Fund has accumulated a balance of $1,000,000.         (2)    If, after the Fund […]

Section 7-4A-06 – Claim for Loss

    (a)    Subject to the provisions of this subtitle, a person may recover compensation from the Fund for an actual pre–need trust fund loss that occurred on or after January 1, 2010, and is based on an act or omission as described in subsection (b) of this section.     (b)    A claim for the loss shall:         (1)    Be based on […]

Section 7-4A-07 – Claim for Loss — Form and Content

    (a)    Each claim against the Fund shall be made in accordance with this section.     (b)    Each claim shall:         (1)    Be in writing;         (2)    Be made under oath;         (3)    State the amount of loss claimed;         (4)    State the facts on which the claim is based; and         (5)    Be accompanied by any documentation or other evidence that supports the claim.

Section 7-4A-08 – Claim for Loss — Procedure for Handling

    (a)    The Board shall act promptly on a claim made under this subtitle.     (b)    On receipt of a claim, the Board shall:         (1)    Forward a copy of the claim:             (i)    To each licensee alleged to be responsible for the act or omission giving rise to the claim;             (ii)    To each unlicensed employee alleged to be responsible for the act or […]

Section 7-4A-09 – Claim for Loss — Hearing

    (a)    The Board shall give the following persons notice of the hearing and an opportunity to participate in the hearing:         (1)    The claimant;         (2)    Each licensee alleged to be responsible for the act or omission giving rise to the claim;         (3)    Each unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and […]

Section 7-4A-10 – Claim for Loss — Disciplinary Action

    (a)    If a claim against the Fund alleges that the act or omission giving rise to the claim was performed by a licensee, the Board may join the proceeding on the claim with any disciplinary proceeding against the licensee under this title arising from the same facts alleged in the claim.     (b)    (1)    For that part of a […]

Section 7-4A-11 – Claim for Loss — Payment

    (a)    The Board shall order full or partial payment of a claim by the Fund if, on the hearing, the claimant proves that the claimant has a valid claim under this subtitle.     (b)    The Board may order full or partial payment by the Fund only for the actual monetary loss suffered by the claimant as a result […]

Section 7-4A-12 – Claim for Loss — Liability of Licensee

    (a)    After payment of a claim by the Fund, a licensee who the Board finds responsible for the act or omission that gave rise to the claim shall reimburse the Fund in full for:         (1)    The amount paid by the Fund; and         (2)    Interest on the amount paid by the Fund at an annual rate of 6%.     (b)    Each […]

Section 7-4A-13 – Claim for Loss — Liability of Licensee — Suspension of License

    (a)    If the Board orders payment by the Fund of a claim based on an act or omission for which a licensee is responsible, the Board immediately and without further proceedings shall suspend the license of the licensee.     (b)    The Board may not reinstate a license that is suspended under this section until the person whose license […]