This text of Iowa § 523A.503 (Denial, suspension, revocation, and surrender of licenses) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.The commissioner may, pursuant to chapter 17A, deny any license application, or
immediately suspend, revoke, or otherwise impose disciplinary action related to any license
issued under section 523A.501 or 523A.502 for several reasons, including but not limited to:
a.Committing a fraudulent act, engaging in a fraudulent practice, or violating any
provision of this chapter or any implementing rule or order issued under this chapter.
b.Violating any other state or federal law applicable to the conduct of the applicant’s or
licensee’s business.
c.Insolvency or financial condition.
d.The licensee, for the purpose of avoiding the trust requirement for funeral services,
attributes amounts paid under the purchase agreement to cemetery merchandise or funeral
merchandise that is delivered und
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1. The commissioner may, pursuant to chapter 17A, deny any license application, or
immediately suspend, revoke, or otherwise impose disciplinary action related to any license
issued under section 523A.501 or 523A.502 for several reasons, including but not limited to:
a. Committing a fraudulent act, engaging in a fraudulent practice, or violating any
provision of this chapter or any implementing rule or order issued under this chapter.
b. Violating any other state or federal law applicable to the conduct of the applicant’s or
licensee’s business.
c. Insolvency or financial condition.
d. The licensee, for the purpose of avoiding the trust requirement for funeral services,
attributes amounts paid under the purchase agreement to cemetery merchandise or funeral
merchandise that is delivered under section 523A.404 rather than to funeral services sold
to the purchaser. The sale of funeral services at a lower price when the sale is made in
conjunction with the sale of cemetery merchandise or funeral merchandise to be delivered
under section 523A.404 than the services are regularly and customarily sold for when not
sold in conjunction with cemetery merchandise or funeral merchandise is evidence that the
licenseeisactingwiththepurposeofavoidingthetrustrequirementforfuneralservicesunder
section 523A.201.
e. Engaging in a deceptive act or practice or deliberately misrepresenting or omitting
a material fact regarding the sale of cemetery merchandise, funeral merchandise, funeral
services, or a combination thereof under this chapter.
f. Conviction of a criminal offense involving dishonesty or a false statement including but
not limited to fraud, theft, misappropriation of funds, falsification of documents, deceptive
acts or practices, or other related offenses.
g. Inability to provide the cemetery merchandise, funeral merchandise, funeral services,
or a combination thereof which the applicant or licensee purports to sell.
h. The applicant or licensee sells the business without filing a prior notice of sale with the
commissioner. The license shall be revoked thirty days following such sale.
i. Selling by a person who is not a licensed sales agent.
j. The applicant or licensee is named in an order issued pursuant to section 523A.807,
subsection 3, paragraph “b”.
2. The commissioner may, for good cause shown, suspend any license for a period not
exceeding thirty days, pending investigation.
3. Except as provided in subsection 2, a license shall not be revoked, suspended, or
otherwise be the subject of disciplinary action except after notice and hearing under chapter
17A.
4. Any licensee may surrender a license by delivering to the commissioner written notice
that the licensee surrenders the license, but the surrender shall not affect the licensee’s civil
or criminal liability for acts committed before the surrender.
5. Denial, revocation, suspension, or surrender of a license does not impair or affect the
obligation of any preexisting lawful agreement between the licensee and any person.