Indiana § 25-15-9-8 Sale and payment of funeral or burial expenses; duties of board

Indiana Statutes

§ 25-15-9-8 — Sale and payment of funeral or burial expenses; duties of board

Indiana·Title 25 PROFESSIONS AND OCCUPATIONS·Art. 15 EMBALMERS AND FUNERAL DIRECTORS·Ch. 9 State Board of Funeral and Cemetery Service; Education

The board shall do the following:

(1)Adopt rules under IC 4-22-2 to do the following:

(A)Establish standards for the sale and payment of funeral or burial services or merchandise in advance of need.

(B)Establish the terms of contracts authorized under IC 30-2-13.

(C)Implement IC 30-2-13.

(D)Implement IC 23-14-48.5.

(2)Register and issue certificates to sellers of merchandise or services under IC 30-2-13.

(3)Determine compliance with this article by persons engaged in the sale and payment of funeral or burial services or merchandise in advance of need under IC 30-2-13.

(4)Investigate any complaint alleging a violation of IC 30-2-13.

(5)Set fees under IC 25-1-8.

(6)For a violation of this article or IC 30-2-13 by a person engaged in the sale and payment of funeral or burial service

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The board shall do the following:
(1) Adopt rules under IC 4-22-2 to do the following:
(A) Establish standards for the sale and payment of funeral or
burial services or merchandise in advance of need.
(B) Establish the terms of contracts authorized under IC 30-2-13.
(C) Implement IC 30-2-13.
(D) Implement IC 23-14-48.5.
(2) Register and issue certificates to sellers of merchandise or
services under IC 30-2-13.
(3) Determine compliance with this article by persons engaged in
the sale and payment of funeral or burial services or merchandise
in advance of need under IC 30-2-13.
(4) Investigate any complaint alleging a violation of IC 30-2-13.
(5) Set fees under IC 25-1-8.
(6) For a violation of this article or IC 30-2-13 by a person
engaged in the sale and payment of funeral or burial services or
merchandise in advance of need under IC 30-2-13, if necessary,
take any combination of the following actions:
(A) Issue an appropriate order to correct the violation.
(B) Suspend the seller's certificate of authority.
(C) Permanently revoke the seller's certificate of authority.
(D) Censure the seller.
(E) Issue a letter of reprimand to the seller.
(F) Place the seller on probation.
(G) Assess a civil penalty against the seller in an amount not to
exceed one thousand dollars ($1,000) for each violation, except
for a finding of incompetency due to a physical or mental
disability. When imposing a civil penalty, the board shall
consider the seller's ability to pay the amount assessed. If the
seller fails to pay the civil penalty within the time specified by
the board, the board may suspend the seller's certificate of
authority without additional proceedings. However, a
suspension may not be imposed if the sole basis for the
suspension is the seller's inability to pay a civil penalty.
(H) Refer the matter to the attorney general or prosecuting
attorney for enforcement.
(7) In addition to any actions taken under subdivision (6),
permanently revoke a seller's certificate of authority, if the seller
demonstrates a pattern or practice of violating the following
provisions:
(A) The requirement under IC 30-2-13-12 that all property paid
or delivered to fund a contract for prepaid services or
merchandise be irrevocably deposited to trust or escrow thirty
(30) days after the contract is signed.
(B) The prohibition against knowingly inducing a purchaser to
breach an existing contract under IC 30-2-13-13(e).

Indiana § 25-15-9-8 (Sale and payment of funeral or burial expenses; duties of board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.