32-1391.12. Prearranged funeral sales endorsement; requirements; renewal

A. A funeral establishment that desires to offer or sell prearranged funeral agreements funded by trust shall apply to the board for an endorsement to its establishment license. The board shall issue the endorsement if the funeral establishment satisfies the following requirements:

1. Pays the prescribed application fee pursuant to section 32-1309.

2. Provides the name and address of each person owning ten per cent or more of the common shares or other ownership or beneficial interest in the funeral establishment.

3. Provides the name and address, any prior names or aliases, all prior addresses for the immediately preceding seven year period, and the date and location of birth of any responsible funeral director, manager, officer, owner, trustee or other person controlling the funeral establishment and who has been convicted of any of the crimes or has been the subject of any of the court actions described in section 10-202, subsection D, paragraph 1, subdivisions (a), (b) and (c).

4. Delivers a corporate surety bond in favor of this state, executed by a surety company authorized to do business in this state, in the amount that is prescribed by the board and that is recoverable by this state for the benefit of any person injured by a violation of this article. The board shall establish, in its rules, a separate bond requirement amount for each of the following:

(a) Funeral establishments that sold fewer than one hundred prearranged funeral agreements funded by trust during the immediately preceding calendar year.

(b) Funeral establishments that sold one hundred or more but fewer than two hundred fifty prearranged funeral agreements funded by trust during the immediately preceding calendar year.

(c) Funeral establishments that sold two hundred fifty or more prearranged funeral agreements funded by trust during the immediately preceding calendar year.

Bond amount requirements established by the board shall not be less than fifteen thousand dollars or more than fifty thousand dollars for each establishment, except that as each salesperson is registered by the board, the funeral establishment shall increase its bond by an additional five thousand dollars during the employment of that salesperson.

5. Provides the full name and address of the funeral director designated by the establishment to offer or sell prearranged funerals and all of the following:

(a) A recent photograph of the designated funeral director.

(b) Any prior names or aliases used by the designated funeral director.

(c) All prior addresses of the designated funeral director for the immediately preceding seven year period.

(d) The date and location of the designated funeral director's birth.

(e) A declaration from the designated funeral director that the funeral director has not been convicted of any felony or convicted of any other crime involving dishonesty, fraud, deception, misrepresentation, embezzlement or breach of fiduciary duty in any state or federal court within the seven year period immediately preceding the date of application.

(f) A declaration from the designated funeral director that the funeral director has not been the subject of a consumer fraud, securities fraud or civil racketeering judgment or consent order in any state or federal court within the seven year period immediately preceding the date of application.

6. Provides information about existing prearranged funeral agreements funded by trust of the funeral establishment required by the board.

B. A prearranged funeral sales endorsement shall be renewed annually by the funeral establishment by payment of the prescribed renewal fee pursuant to section 32-1309 and by compliance with the requirements described in subsection A, paragraphs 2, 3 and 4 of this section on or before July 31.

C. Failure to pay the renewal fee by July 31 voids the endorsement. An endorsement voided under this subsection may be reinstated on compliance with subsection B of this section and payment of the prescribed reinstatement fee.