5. A description of the board’s responsibilities, including where complaints may be filed. 6. Other relevant information. B. A funeral establishment shall provide a copy of the consumer information pamphlet for retention to each person who personally inquires about funeral arrangements or funeral goods or services. 32-1377. Rules; relation to federal trade commission regulations Except as authorized by the provisions of this article, rules adopted by the board to implement this article shall be at least as stringent as federal trade commission regulations relating to funeral industry practices as authorized by the federal trade commission act as amended and in effect on July 19, 1994 (16 Code of Federal Regulations part 453). prearranged funeral sales endorsement to its license and the salesperson has been issued a prearranged funeral salesperson registration by the board allowing the establishment and the person to sell prearranged funeral agreements funded by trust. 3. If the agreement is a payable on death account, the account is not under the control of the establishment. A funeral establishment or an agent or employee of a funeral establishment shall not accept a deposit for a payable on death account. 32-1391.03. Department of insurance and financial institutions powers and duties; prearranged funeral trust accounts A. The department of insurance and financial institutions shall determine all of the following in its examinations of prearranged funeral trust accounts: 1. The names and addresses of purchasers of prearranged funerals and the amount each purchaser paid to the funeral establishment. 2. The location and status of all monies received. 3. The total amount in trust accounts. 4. Whether a funeral establishment is complying with this article and rules adopted pursuant to this article. 5. Whether a funeral establishment is following recognized accounting procedures for prearranged funeral trust accounts and handling monies received from prearranged funeral sales. B. The department shall: 1. Conduct examinations on a random basis or in connection with an investigation pursuant to procedures established by the board. 2. Examine the prearranged funeral trust accounts of each funeral establishment at least once within the first twelve months after it begins to sell prearranged funerals and at least once every three years thereafter. 3. Include prearranged funeral trust accounts established before January 1, 1985, in its examinations. C. The department may examine and investigate prearranged funeral trust accounts pursuant to title 6, chapter 1, article 3 and pursuant to the powers of the board concerning prearranged funeral sales and trust accounts. D. If the department determines after investigation or examination of a prearranged funeral trust account that a violation of any provision of this article has occurred, it shall send a written report to the board within thirty days of completion of the investigation or examination that includes an identification of the violation and any relevant documents. E. The department shall assess each funeral establishment at the rate of not more than $520 per day for each examiner employed in the examination of the establishment’s prearranged funeral trust accounts pursuant to the requirements of this section.
B. If a person requests a price list by telephone, the establishment shall mail a price list to the caller and may charge a reasonable postage and handling fee of not more than two dollars. 32-1376. Consumer information pamphlet A. The board shall prepare and distribute to funeral establishments a consumer information pamphlet that provides the following information: 1. The meaning of terms used in funeral arrangements. 2. Legal requirements concerning funerals and the disposition of human remains. 3. A description of illegal practices. 4. A description of required disclosures to funeral consumers. Chapter 12, Article 5: Prearranged Funeral Agreements 32-1391.01. Powers and duties of the board A. The board shall adopt rules that: 1. Describe or define deceptive, misleading or professionally negligent practices concerning the offer or sale of prearranged funeral agreements funded by trust and the handling of these funds or accounts. 2. Implement and interpret consumer disclosure requirements of this article to provide adequate information to purchasers of prearranged funerals. 3. Prescribe funeral establishment recordkeeping requirements concerning prearranged funeral trust sales and trust accounts and the handling and disposition of trust funds. 4. Define terms and develop forms and procedures to implement this article. B. The board shall enter into an intergovernmental agreement with the department of financial institutions to examine and report on prearranged funeral trust accounts of funeral establishments and to review prearranged funeral trust sales and trust account forms and procedures used by funeral establishments. 32-1391.02. Prearranged funeral agreements; restrictions on sales A. A person shall not enter into a prearranged funeral agreement other than in accordance with the provisions of this article and the rules adopted pursuant to this article. B. The board shall adopt rules that require every funeral establishment that sells prearranged funeral agreements to give a standardized written or printed price list for retention to each person who personally inquires about prearranged funeral agreements. On beginning a discussion regarding prearranged funeral agreements, a registered prearranged funeral salesperson or a licensed insurance producer who a funeral establishment employs or contracts with to sell prearranged funeral agreements funded by insurance shall present the price list to the consumer. The list shall be presented in an accurate and readable manner in order to facilitate price comparisons by consumers. C. A prearranged funeral agreement shall be funded by insurance or trust. A funeral establishment or an agent or employee of a funeral establishment shall not accept payment for or agree to enter into any prearranged funeral agreement unless the name of a licensed funeral establishment appears on the statement of goods and services used in connection with the agreement and one of the following is true: 1. If the agreement is a prearranged funeral agreement funded by insurance, the funeral establishment employs or contracts with insurance producers who are licensed pursuant to title 20 to sell the funeral agreement. 2. If the agreement is a prearranged funeral agreement funded by trust, the establishment has been issued a
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