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27-17A-57
Section 27-17A-57 Jurisdiction of commissioner. The commissioner shall have the same jurisdiction
over funeral establishments, funeral directors, cemetery authorities, or third party sellers
who sell preneed contracts without a preneed certificate of authority as he or she has over
those preneed sellers who possess a preneed certificate of authority. (Act 2014-216, p. 653,
ยง4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-57.htm - 689 bytes - Match Info - Similar pages
27-17A-2
Section 27-17A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ALTERNATIVE CONTAINER. A nonmetal receptacle or enclosure, without ornamentation
or a fixed interior lining, which is designed for the encasement of human remains and which
is made of cardboard, pressed-wood, composition materials (with or without an outside covering),
or pouches of canvas or other materials. (2) ARRANGEMENT CONFERENCE. The meeting occurring
either at need or preneed between the seller and the purchaser during which funeral or cemetery
merchandise and services are discussed. (3) ARRANGEMENT CONFERENCE FEE. The charge to the
purchaser in conjunction with the arrangement conference. (4) AT NEED. At the time of death,
or immediately following death. (5) AUTHORIZING AGENT. One who is lawfully authorized to control
the final disposition of human remains. (6) BELOW-GROUND CRYPT. A preplaced enclosed chamber,
which is usually constructed of reinforced concrete,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-2.htm - 12K - Match Info - Similar pages
27-17A-18
Section 27-17A-18 Preneed sales agent. (a) All individuals who offer preneed contracts to the
public, or who execute preneed contracts on behalf of a certificate holder, shall be registered
with the commissioner as preneed sales agents, pursuant to this article. (b) All preneed sales
agents and funeral directors acting as preneed sales agents shall be affiliated with the certificate
holder that they are representing. (c) A certificate holder shall be responsible for the activities
of all preneed sales agents and all funeral directors acting as preneed sales agents, who
are affiliated with the certificate holder and who perform any type of preneed-related activity
on behalf of the certificate holder. In addition to the preneed sales agents and funeral directors
acting as preneed sales agents, each certificate holder shall also be subject to discipline
if its preneed sales agents or funeral directors acting as preneed sales agents violate any
provision of this article. (d) A preneed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-18.htm - 4K - Match Info - Similar pages
27-17A-13
Section 27-17A-13 Monies to be placed in trust; compliance by pre-existing preneed contracts.
(a) Except as provided in Sections 27-17A-3 and 27-17A-14, every preneed contract shall require
the monies paid to the seller or trustee to be placed in trust in accordance with Article
3, for funeral merchandise and services sold by funeral establishments or third party sellers,
or Article 4, for cemetery merchandise and services sold by cemetery authorities. (b) Although
this chapter does not apply to preneed contracts entered into prior to May 1, 2002, a preneed
provider which contends that a preneed trust fund which was in effect prior to May 1, 2002,
complies with this chapter with respect to the contracts entered into prior to May 1, 2002,
may provide to the commissioner documentary proof thereof. Upon the commissioner determining
that compliance has been established, the pre-existing preneed trust fund assets may be merged
with or into the trust fund required under this chapter or...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses,
etc.; hearing; fines. (a) The board may refuse to license any person or establishment for
violation of this chapter. If the board refuses to issue, grant, or renew a license based
on a violation of this chapter, including, but not limited to, violations listed in subsection
(c), the licensee or prospective licensee may request a public hearing before the board to
appeal the action of the board. The request for a public hearing shall be submitted to the
board in writing within 14 calendar days after the date of the refusal. Upon request, the
board shall provide the licensee or prospective licensee with 20 days' notice of the public
hearing by United States certified mail. The public hearing shall be conducted pursuant to
Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided
by the board to any licensee for whom the board is considering the probation,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-13-56.htm - 8K - Match Info - Similar pages
27-17A-32
Section 27-17A-32 Rights of seller; powers and duties of trustee. (a) If amounts paid by the
purchaser under a preneed contract for funeral merchandise have previously been deposited
in trust, the seller may withdraw the principal amount and trust appreciation attributable
to the delivered item at such time as the funeral merchandise is delivered or installed or,
if comprised of materials designed to withstand prolonged, protected storage without deterioration,
the merchandise is placed in storage with a responsible third party bonded and insured for
the wholesale value thereof and evidenced by a receipt specifically identifying the item,
the specific preneed contract, the location of the item, and the identity and address of the
bonding and insuring parties. For purposes of this subsection only, caskets and alternative
containers may not be held in storage by the seller or a third party storage facility prior
to the death of the funeral beneficiary. (b) The trustee shall make regular...
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11-89C-4
Section 11-89C-4 Powers of public corporation; requirements for development or adoption of
rules, procedures, ordinances, etc. (a) When expressly required to comply with storm water
laws, any public corporation created pursuant to this chapter shall have the following powers:
(1) To establish, maintain, and operate an organizational structure pursuant to this chapter,
its original or amended certification, and its bylaws or other rules of procedure, that will
enable it to implement the storm water laws for and on behalf of any governing body that exercises
the option to participate in or with a public corporation, provided that no new or greater
authorities or powers other than those specifically granted to the governing bodies are conferred
upon any public corporation formed pursuant to this chapter. Except for the authority provided
in subdivision (20), authority to enforce the storm water laws is retained wholly and exclusively
to the governing bodies and may not be further...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-89C-4.htm - 10K - Match Info - Similar pages
11-47-218
Section 11-47-218 Powers of authorities generally; location of projects; exercise of power
of eminent domain. (a) In addition to all other powers at any time conferred on it by law,
and subject to any express provisions of its certificate of incorporation to the contrary,
an authority shall have the following lawful powers, together with all powers incidental thereto
or necessary to discharge thereof in the corporate form: (1) To have succession by its corporate
name in perpetuity or for the duration specified in its certificate of incorporation. (2)
To sue and be sued in its own name in civil actions and to defend actions against it. (3)
To adopt and make use of a corporate seal and to alter the same at pleasure. (4) To adopt,
alter, and repeal bylaws, regulations, and rules, not inconsistent with this article or its
certificate of incorporation, for the regulation and conduct of the affairs and business of
the authority. (5) To acquire, receive, take, and hold, whether by purchase,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-47-218.htm - 12K - Match Info - Similar pages
27-17A-11
Section 27-17A-11 Application for certificate; statements; issuance; expiration; transfer.
(a) An application to the commissioner for a certificate of authority shall be accompanied
by the statement and other matters described in this section in the form prescribed by the
commissioner. Annually thereafter, within six months after the end of its fiscal period, or
within an extension of time therefor, as the commissioner for good cause may grant, the person
authorized to engage in the sale of preneed contracts shall file with the commissioner a full
and true statement of his or her financial condition, transactions, and affairs, prepared
on a basis as adopted by a rule of the commissioner, as of the preceding fiscal period or
at such other time or times as the commissioner may provide by rule, together with information
and data which may be required by the commissioner. (b) The statement shall include all of
the following: (1) The types of preneed contracts proposed to be written and the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-11.htm - 7K - Match Info - Similar pages
27-17A-16
Section 27-17A-16 Inactive certificate holder; surrender of license. (a) A certificate holder
shall be considered inactive upon the acceptance of the surrender of its license by the commissioner
or upon the nonreceipt by the commissioner of the certificate of authority renewal application
and fees. (b) A certificate holder shall cease all preneed sales to the public upon becoming
inactive. The certificate holder shall collect and deposit into trust all of the funds paid
toward preneed contracts sold prior to becoming inactive. (c) Any certificate holder desiring
to surrender its license to the commissioner shall first do all of the following: (1) File
notice with the commissioner. (2) Submit copies of its existing trust agreements. (3) Submit
a sample copy of each type of preneed contract sold. (4) Resolve to the commissioner's satisfaction
all findings and violations resulting from the last examination conducted. (5) Pay all outstanding
fines and invoices due the commissioner. (6)...
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