32-1391.12. Prearranged funeral sales endorsement; requirements

A. A funeral establishment that desires to offer or sell prearranged funeral agreements funded by trust shall apply to the department for an endorsement to its establishment license. The department 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 percent 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 department and that is recoverable by this state for the benefit of any person injured by a violation of this article. The department 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 department shall be at least $15,000 but not more than $50,000 for each funeral establishment.

5. Provides the full name and address of the funeral director designated by the funeral 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 department.

B. A prearranged funeral sales endorsement does not expire and remains valid unless either of the following occurs:

1. The department subsequently revokes the endorsement.

2. The endorsement is considered void because the licensee did not pay the application fee before the fee due date.