54-1132. CERTIFICATE OF AUTHORITY — REQUIREMENTS — DISPLAY OF CERTIFICATE. (1) No individual may sell a prepaid contract or provide funeral or cemetery merchandise or funeral or cemetery services pursuant to a prepaid contract without first obtaining a valid certificate of authority.

A certificate of authority for public cemeteries shall be issued by the governing board, city council or board of county commissioners having overall supervision and control of the cemetery. A certificate of authority for privately owned cemeteries shall be issued by the Idaho board of cemeterians. A certificate of authority for persons licensed under chapter 11, title 54, Idaho Code, shall be issued by the state board of morticians.

(2) Any individual seeking to obtain a certificate of authority must submit a statement that includes the following:

(a) The types of prepaid contracts to be written;

(b) The name and address of the place of business of the individual; and

(c) Any information deemed necessary by the certificating authority to show evidence of good moral character, a reputation for fair dealing in business matters, and the absence of a criminal record.

(3) Upon issuance, the certificate of authority shall be posted conspicuously in the holder’s place of business.

(4) Any individual holding a certificate shall present a copy of the certificate to the purchaser before engaging in the activity of selling a prearrangement sales contract.

(5) A licensed mortician or licensed funeral director shall designate the licensed funeral establishment that shall be responsible to provide any funeral or cemetery merchandise or funeral or cemetery services under prearrangement sales.

(6) The licensed funeral establishment designated as responsible to provide the merchandise and services under a prearrangement sales contract shall maintain all contracts and documents associated with any prearrangement sales.

History:

[54-1132, added 1989, ch. 138, sec. 2, p. 313; am. 2003, ch. 257, sec. 18, p. 677; am. 2016, ch. 80, sec. 1, p. 259.]