32-1369. Cease and desist orders; injunctive relief A. In addition to all other remedies, if it appears to the board, either on complaint or otherwise, that any person has engaged in or is engaging in any act, practice or transaction that constitutes a violation of this chapter, of title 44, chapter 10, article 7 or of any rule adopted pursuant to this chapter, the board may either: 1. Serve a cease and desist order on the person by certified mail or personal service requiring the person to cease and desist immediately from engaging in the act, practice or transaction. 2. Apply, through the attorney general or county attorney of the county in which the act, practice or transaction is alleged to have been committed, to the superior court in that county for an injunction restraining the person from engaging in the act, practice or transaction or doing any act in furtherance of the act, practice or transaction. On a proper showing, the court shall grant a temporary restraining Chapter 12, Article 3.1: Funeral Practices 32-1371. List of prices of funeral goods and services offered A. The board shall adopt rules that require every licensee or registrant to give a standardized written or printed price list for retention to each person who personally inquires about funeral arrangements or prices of funeral goods or services. A funeral establishment shall offer each person the price list on beginning a discussion either of funeral arrangements or of the selection of funeral goods or services. B. A price list shall be presented in an accurate and readable manner in order to facilitate price comparisons by funeral service consumers. 32-1372. Display of merchandise prices; rules The board shall adopt rules that require each funeral establishment to place a price card in a conspicuous place with each casket, alternative container, outer burial container, alkaline hydrolysis container or other item of funeral goods available for purchase. A funeral establishment shall place each price card in a location that enables a person to view the card without physically handling the card. Merchandise photographs must have the price of the merchandise displayed in a conspicuous manner. 32-1373. Statement of funeral goods and services A. A licensee or registrant shall not enter into a contract to furnish funeral goods or services in connection with the burial or other disposition of a dead human body until the licensee or registrant has first delivered to the potential purchaser a written or printed statement of funeral goods and services that contains the following information, if this information is available at the time the contract is executed: 1. The total charge for the services of the licensee or registrant and the use of the funeral establishment, including preparing the body and other professional services, and the charge for using automotive and other necessary equipment. 2. An itemization of charges for the casket or alternative container or alkaline hydrolysis container and any outer burial container. 3. An itemization of fees or charges and the total amount of cash advances made by the licensee or registrant for transportation, flowers, cemetery or crematory charges, newspaper notices, clergy honorarium, transcripts, telegrams, long-distance telephone calls, music and any other advances authorized by the purchaser. 4. The method of payment and any interest charges. 5. An itemization of any fees or charges not included in paragraphs 1 through 4 of this subsection.
order, a preliminary injunction or a permanent injunction without bond. Process in an action under this paragraph may be served on the defendant in any county of this state where the defendant transacts business or is found. B. A person who receives a cease and desist order issued by the board pursuant to subsection A, paragraph 1 is entitled to a hearing pursuant to title 41, chapter 6, article 10 within thirty days after the effective date of the order. C. If a person fails to comply with an order issued by the board pursuant to subsection A, paragraph 1, the board shall file an action pursuant to subsection A, paragraph 2 to restrain and enjoin the person from engaging in the act, practice or transaction. The court in the action shall proceed as in other actions for injunction. If the court finds that the person willfully failed to obey a valid cease and desist order issued by the board, the court shall impose a civil penalty of at least two hundred fifty and not more than one thousand dollars per violation. 6. The total amount of charges itemized and included pursuant to this subsection. 7. The location where the deceased will be held, embalmed or cremated or will undergo alkaline hydrolysis if the location is not the funeral establishment’s premises. 8. A statement containing the name, address and telephone number of any corporation, limited liability company, partnership or limited partnership that holds an ownership interest of ten percent or more in the funeral establishment or crematory. B. The statement of funeral goods and services delivered to the potential purchaser shall also contain a conspicuous statement informing the potential purchaser that a casket, outer burial container, alternative container used for cremation or covering used for alkaline hydrolysis may be purchased and used, at the option of the purchaser, in connection with the funeral services and final disposition of human remains, but that, except as provided pursuant to section 36-136, the purchase or use of caskets, outer burial containers, alternative containers used for cremation or coverings used for alkaline hydrolysis is not required by law. C. A licensee or registrant shall not bill or cause to be billed any item that is referred to as a cash advanced item unless the net amount paid for the item or items by the funeral establishment is the same as the amount billed by the funeral establishment. D. If the charge for any of the items prescribed in this section is not known at the time the contract is entered into, the licensee or registrant shall advise the purchaser of the charge for the item within a reasonable period after the information becomes available. E. A funeral director shall certify a statement of funeral goods and services with the funeral director’s license number and signature before conducting final services or within five days after the purchaser signs the statement, whichever is earlier. 32-1374. Price list requirement; exemption When a licensee or registrant makes arrangements by interstate telecommunications to perform services in this state with any person residing outside this state, the licensee or registrant is not required to provide the written price list required pursuant to section 32-1371. 32-1375. Price lists; telephone information A. A licensee or registrant shall provide accurate information about the retail prices of funeral goods or services readily available for sale at the establishment at which the licensee or registrant is employed to any person inquiring about these prices by telephone.
Page 27
Book Code: FAZ0724
EliteLearning.com/Funeral
Powered by FlippingBook