§ 34-13-201 — Hearing; Procedures; Penalties

Alabama § 34-13-201

• 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

(a) Whenever the board has reason to believe that any person has engaged, or is engaging, in this state in any unfair method of competition or any unfair or deceptive act or practice as defined in this chapter, or is engaging in the sale of preneed contracts without being properly licensed as required by this chapter, or is otherwise acting in violation of this chapter, and that a proceeding by the board in respect thereto would be in the interest of the public, the board shall institute a proceeding in accordance with this section.
(b) A statement of charges, notice, or order or other process under this chapter may be served by anyone authorized by the
board
. Service may be made either in the manner provided by law for service of process in civil actions or by certifying and mailing a copy of the statement to the person affected by the statement, notice, or order or other process at the person’s residence or principal office or place of business. The verified return by the person serving the statement, notice, or order or other process, setting forth the manner of the service, shall be proof of the service, and the return postcard receipt for the statement, notice, or order or other process, certified and mailed as provided in this subsection, shall be proof of service of the statement, notice, or order or other process.
(c) The
board
shall conduct or cause to have conducted a hearing in accordance with
this chapter
, and, during the conduct of the hearing, shall have those powers necessary to enforce this chapter
and rules of the board
; however, the penalties for failure to comply with a subpoena or with an order directing discovery shall be limited to a fine not to exceed one thousand dollars ($1,000) per violation.
In accordance with Section 36-12-40, evidence introduced and presented in a hearing conducted under this chapter shall be deemed a public writing.

Legislative History

(Act 2002-74, p. 221, §1; §27-17A-20; Act 2023-94, §5.)