2. The total contract amount for each purchaser listed in paragraph 1 of this subsection, the total monies previously paid on each contract and the monies paid by and refunded to the purchaser on each contract during the preceding calendar year. 3. The total trust funds contained in the funeral establishment’s prearranged funeral trust accounts as of the end of the preceding calendar year and the total funds received in the trust accounts during that year. 4. The total monies, if any, received from purchasers but not deposited in the trust accounts as of the end of the preceding calendar year, excluding initial service fees received by the funeral establishment. 5. The names, registration numbers and addresses of all salespersons employed or otherwise engaged by the funeral establishment during the preceding calendar year and the names and registration numbers of all salespersons terminated during that year. 6. The names and addresses of the financial institutions where the trust funds are on deposit and the account number of each account. 7. A statement of the owner of the funeral establishment that the establishment has complied with this article and rules adopted pursuant to this article. 8. Other information required by the board. D. Each funeral establishment that does not offer or sell prearranged funerals funded by trust or hold a prearranged funeral sales endorsement shall file with the board the annual report described in subsection C of this section concerning all prearranged funeral trust accounts established before January 1, 1985, and in existence during the preceding calendar year on or before May 1. For the purposes of this subsection, “prearranged funeral trust account” includes all prearranged funeral trust accounts or funds established pursuant to laws in existence before January 1, 1985. E. The board shall provide the department of insurance and financial institutions with a copy of each annual report filed pursuant to this section. 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 the society is a membership fee of not to exceed one hundred dollars. 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 injured person’s damages. A court shall award the prevailing plaintiff legal costs, including reasonable attorney fees, as determined by the court. This remedy is in addition to any other remedies provided by law.
6. Achieves a written score of at least seventy-five on a written examination conducted by the board on the provisions of this chapter and the rules adopted pursuant to this chapter. 7. As each applicant is registered by the board, the funeral establishment shall show evidence that the bond required under section 32-1391.12 has been increased by five thousand dollars for the applicant. 8. Submits a completed fingerprint card and the prescribed fingerprint background check fee to the board. 9. Provides any other relevant information reasonably required by the board. B. Except as provided in section 32-4301, a prearranged funeral sales registration shall be renewed annually by the prearranged funeral salesperson by payment of the prescribed renewal fee pursuant to section 32-1309 and by compliance with the requirements described in subsection A, paragraphs 2, 3, 4, 5, 7 and 8 of this section on or before July 31. C. Failure to pay the renewal fee by July 31 voids the registration. A registration voided under this subsection may be reinstated upon payment of the prescribed renewal and reinstatement fees. D. No person licensed by the board as a funeral director or embalmer is required to take the examination required by subsection A, paragraph 6 of this section. 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. Violating this article or any rule adopted pursuant to this article. 3. Violating any provision of title 44, chapter 10, article 7. 4. Making false or misleading statements concerning the salesperson’s initial or renewal application for registration. 5. Being convicted of any crime or the subject of any court decision described in section 32-1391.14, subsection A, paragraphs 3 and 4. 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 when the annual report is filed. C. The annual report shall contain the following information sworn to by the owner or owners of the funeral establishment: 1. The names and addresses of persons who were sold prearranged funerals funded by trust by the funeral establishment during the preceding calendar year, the names of the persons who are to be the beneficiaries of the prearranged funerals and the name of the registered salesperson selling each prearranged funeral.
Page 18
Book Code: FAZ0625
EliteLearning.com/Funeral
Powered by FlippingBook