§ 34-13-198 — Revoking, Suspending, or Placing on Probation the Certificate of Authority and the Establishment License of a Certificate Holder

Alabama § 34-13-198

• Jurisdiction: Alabama
• Title 34: Professions and Businesses
• Ch. 13: Funeral Services
• Art. 5: Alabama Preneed Funeral and Cemetery Act of 2023
• Div. 2: Certificate of Authority

Text

The board may fine and revoke, suspend, or place on probation the certificate of authority and the establishment license of a certificate holder on any of the following grounds:
(1) The certificate holder is impaired or insolvent.
(2) The certificate holder has refused to submit, or has withheld, any of its books, records, accounts, or affairs to examination by the board.
(3) The certificate holder has concealed or removed records or preneed assets, or both.
(4) The certificate holder has failed to comply with an order of the board.
(5) The certificate holder has transferred, or attempted to transfer, substantially its entire property or business, or has entered into any transaction the effect of which is to merge substantially its entire property or business with that of any other certificate holder, person, corporation, or entity without first having obtained the written approval of the board.
(6) The certificate holder has willfully violated its articles of incorporation or any law of this state, including any rule of the board.
(7) The certificate holder has an officer, director, or manager who has refused to be examined, under oath concerning the affairs of the certificate holder.
(8) If the board determines that the continued preneed sales of the certificate holder would be hazardous to purchasers, beneficiaries, or residents of this state.

Legislative History

(Act 2002-74, p. 221, §1; §27-17A-17; Act 2023-94, §5.)