reglab/housing_qa huggingface dataset:
TN Code § 62-5-318 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 3 - Licensing|§ 62-5-318. Requirement That Removal Service Be Registered With Board of Funeral Directors and Embalmers — Registration Fee — Registration and Renewal Forms — Penalty

  On or after January 1, 2014, no removal service shall operate in this state unless the removal service is registered with the board of funeral directors and embalmers. All such registrations shall expire two (2) years from the date of the registration or renewal. The board may promulgate and adopt such rules and regulations to establish adequate registration and renewal fees to cover the administrative costs associated with the registration program.   In conjunction with the registration fee, the registrant must provide proof of liability insurance in an amount to be determined by the board by rule.   Included on each registration and renewal form shall be a section whereby the applicant or registrant shall declare, under penalty of perjury pursuant to § 39-16-702(a)(4), whether such registrant or any principal officer, director, or any person owning more than five percent (5%) of the removal service, has ever been convicted of a violation of this chapter or § 39-17-312.   An applicant shall be prohibited from registering under this section for five (5) years from the date of conviction if the applicant or any principal officer, director, or any person owning more than five percent (5%) of the applicant's removal service has been convicted of a violation of this chapter or § 39-17-312.   On or after January 1, 2014, it is an offense for a person to engage in the business of a removal service without registering or after falsely registering with the board.   A violation of this section is a Class C misdemeanor.   The registration of a removal service shall be immediately revoked by operation of law upon the conviction of the removal service or any principal officer, director, or person owning more than five percent (5%) of the removal service of any violation of this chapter or § 39-17-312. A copy of the judgment of conviction shall be transmitted to the board by the law enforcement agency responsible for the conviction.
TN Code § 62-5-401 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 4 - Tennessee Prepaid Funeral Benefits Act|§ 62-5-401. Short Title

 This part shall be known and may be cited as the “Tennessee Prepaid Funeral Benefits Act.”
TN Code § 62-5-402 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 4 - Tennessee Prepaid Funeral Benefits Act|§ 62-5-402. Scope of Part

 This part governs the qualifications and procedures for registration and general regulatory requirements for the sale of prepaid funeral benefits in this state.
TN Code § 62-5-404 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 4 - Tennessee Prepaid Funeral Benefits Act|§ 62-5-404. Registration Requirement

  No individual may offer or sell pre-need funeral contracts without first registering with the commissioner as a pre-need sales agent. No individual may sell, solicit or negotiate prearrangement insurance policies without first registering with the commissioner as a pre-need sales agent and obtaining an insurance producer license pursuant to title 56, chapter 6, part 1.   No funeral establishment or other individual, firm, partnership, company, corporation, or association may offer or sell pre-need funeral contracts without first registering with the commissioner as a pre-need seller. A funeral establishment or other individual, firm, partnership, company, corporation, or association with more than one (1) physical location in this state shall obtain a separate registration for each physical location where it acts as a pre-need seller.
TN Code § 62-5-405 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 4 - Tennessee Prepaid Funeral Benefits Act|§ 62-5-405. Procedure for Registration

  In order to obtain a pre-need seller registration or a pre-need sales agent registration, an individual, funeral establishment or other individual, firm, partnership, company, corporation, or association shall:  File an application with the department on a form prescribed by the commissioner; and   Pay a nonrefundable filing fee in an amount set by the commissioner.     A pre-need seller registration shall be valid only at the address provided in the application or at a new address approved by the commissioner.   All registrations issued under this part shall be valid for two (2) years.   All registrations become invalid unless renewed.   The commissioner shall send a renewal notice and the renewal of a registration may be effected at any time during the two (2) months preceding the date of expiration upon submission of an application to the commissioner on the prescribed form, accompanied by a renewal fee as set by the commissioner.   No later than seventy-five (75) days after the end of the pre-need seller's fiscal year, pre-need sellers and trustees shall file an annual report with the commissioner on forms prescribed by the commissioner. The report shall include a summary of the information contained in the accounts, books, and records required to be kept pursuant to rules promulgated by the commissioner, and other information as the commissioner may reasonably require. An additional report shall not be required based on the establishment of trusts pursuant to this title and title 46. In such instance, only one (1) report shall be required.
TN Code § 62-5-408 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 4 - Tennessee Prepaid Funeral Benefits Act|§ 62-5-408. Management of Funeral Contract Trust

  Moneys held in a pre-need funeral contract trust shall be held in trust, both as to principal and income earned on the principal, and shall remain intact, except that the trustee shall have the right to use trust fund income to pay applicable taxes and reasonable expenses related to the administration of the trust, including reasonable trustee's fees for services rendered pursuant to the terms of the applicable trust agreement or to others for the preparation of fiduciary tax returns. In no event shall the principal be diminished.   The pre-need seller shall be liable to the trustee and to third parties to the extent that income from the trust is not sufficient to pay the expenses of the trust.   The trustee shall make regular valuations of assets it holds in trust and provide a report of the valuations to the pre-need seller at least annually.   The trustee shall invest the moneys paid and placed in a pre-need funeral contract trust, by exercising the judgment and care under the circumstances then prevailing, that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.   Except as otherwise provided by this part, all payments made by the purchaser of a pre-need funeral contract shall remain trust funds with a trustee or as paid insurance premiums with an insurance company, as the case may be, until the death of the pre-need funeral contract beneficiary and until full performance of the pre-need funeral contract.
TN Code § 62-5-410 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 4 - Tennessee Prepaid Funeral Benefits Act|§ 62-5-410. Death of Contract Beneficiary — Proof of Death — Payments

  Upon the death of the contract beneficiary, the trustee or the insurance company shall pay the funeral establishment or other provider that furnished the services or merchandise only after they have been furnished with a certified copy of the death certificate of the person, or other proof of death acceptable to the trustee or insurance company together with a copy of the statement of funeral merchandise and services, signed by the funeral director or other provider and representative of the contract beneficiary, setting forth that all of the terms and conditions of the pre-need funeral contract have been fully performed by the funeral establishment or other provider.   After payment for the merchandise and services as set forth in the pre-need funeral contract, the trustee or insurance company shall pay any balance remaining in the pre-need funeral trust fund or the prearrangement insurance policy to the purchaser, the purchaser's estate or otherwise named beneficiary.
TN Code § 62-5-411 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 4 - Tennessee Prepaid Funeral Benefits Act|§ 62-5-411. Maintenance of Accounts, Books and Records — Annual Examination of Pre-Need Sellers and Sales Agents

  Every pre-need seller shall keep and maintain, at a minimum, accurate accounts, books, and records in this state of all pre-need funeral contract and prearrangement insurance policy transactions, copies of all agreements, insurance policies, instruments of assignment, the dates and amounts of payments made and accepted thereon, the names and addresses of the pre-need funeral contract purchasers, the names and addresses of the pre-need funeral contract beneficiaries, the names of the trustees holding pre-need funeral trust funds, copies of the trustee's regular valuations of assets required in § 62-5-408, and the names of insurance companies issuing prearrangement insurance policies. The records shall be kept for a minimum of five (5) years after the death of the pre-need funeral contract beneficiary.   The commissioner may investigate or examine the affairs of any pre-need seller or pre-need sales agent whenever it is deemed appropriate to do so. However, the commissioner shall require an annual examination to ensure that each person, firm, or corporation promising to pay or arrange for funeral services under this part will be able to perform its contract with the purchaser.   The pre-need seller shall pay all costs of any examination conducted under subsection (b), including, but not limited to, the reasonable fees of actuaries, accountants, attorneys and other professionals with whom the commissioner may enter into a contract to perform examination services on behalf of the commissioner.   Trustees of pre-need funeral trusts shall disclose to the commissioner any information regarding pre-need funeral trust accounts overseen by the trustee.   A certified public accountant acting as a trustee pursuant to § 62-5-403(15)(B) shall submit proof of errors and omissions liability coverage with each trustee report to be filed with the commissioner.
TN Code § 62-5-412 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 4 - Tennessee Prepaid Funeral Benefits Act|§ 62-5-412. Transfer of Registration

 A pre-need seller registration may be transferred to a new owner upon payment of a fee fixed by the commissioner and upon submission of an audit report prepared and signed by an independent certified public accountant licensed in this state. All the fees and expenses in connection with the audit are not the responsibility of the trustee or the trust. The audit report shall include an unqualified opinion on the accuracy of the trust fund balances and a report of compliance with this part. Shortages in the trust funds shall be funded by the pre-need seller or new owner prior to a transfer of registration.
TN Code § 62-5-413 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 4 - Tennessee Prepaid Funeral Benefits Act|§ 62-5-413. Administration of Part by Commissioner — Civil Penalties

  The commissioner shall administer this part.   The commissioner shall promulgate rules and regulations to effectuate the intent of this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.   The commissioner shall collect a fee for the registration of any person, association, partnership, firm or corporation engaged in selling any agreement, contract or plan permitted under this part.   The commissioner may deny an application for a registration, or may suspend, revoke, or refuse to issue or renew any registration under this part upon finding that the registrant or applicant has:  Violated this part, or any rule promulgated under this part;   Practiced fraud, deceit or misrepresentation;   Knowingly and willfully made a material misstatement in connection with an application for registration;   Been convicted by a court of competent jurisdiction of any felony, if the commissioner finds that the conviction reflects unfavorably on the fitness for the registration;   Engaged in dishonorable, unethical, or unprofessional conduct of a character likely to defraud, deceive or harm the public;   Violated any disciplinary order of the commissioner; or   Failed or refused to cooperate with any audit, inspection or investigation to determine compliance with this part or rules and regulations promulgated pursuant to this part.     In addition to or in lieu of any lawful disciplinary action under this part, the commissioner may, at the commissioner's discretion, assess civil penalties in an amount not to exceed one thousand dollars ($1,000) for each separate violation of this part, or any rule or regulation promulgated under this part. Each day of continued violation constitutes a separate violation.   The commissioner is authorized to assess a civil penalty in an amount not to exceed one thousand dollars ($1,000) against the trustee of a pre-need trust fund required by this part, for each separate violation of this part, or of any rule or regulation promulgated under this part. Each day of continued violation constitutes a separate violation.
TN Code § 62-5-415 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 4 - Tennessee Prepaid Funeral Benefits Act|§ 62-5-415. Violations

 A violation of this part is a Class C misdemeanor.
TN Code § 62-5-416 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 4 - Tennessee Prepaid Funeral Benefits Act|§ 62-5-416. Injunction

 In addition to other remedies, an action of injunction may be brought and maintained by the state or any other interested party to enjoin the violation of this part.
TN Code § 62-5-417 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 4 - Tennessee Prepaid Funeral Benefits Act|§ 62-5-417. Fraud — Treble Damages

 In civil actions, in which the prevailing party proves fraud relative to a contract for future services under this part, the prevailing party shall receive treble damages together with attorneys' fees, costs and interest.
TN Code § 62-5-501 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 5 - Cremation|§ 62-5-501. Part Definitions

 As used in this part, unless the context otherwise requires:   “Body parts” means limbs or other portions of the anatomy that are removed from a living person for medical purposes during biopsy, treatment or surgery. “Body parts” also includes dead human bodies that have been donated to science for purposes of medical education or research and any parts of such a dead human body that were removed for those purposes. Nothing in this part shall be construed to permit the cremation of medical waste at the request of a hospital or other institution. Only the individual from whose body the parts were removed or the individual's duly appointed representative may make arrangements with the crematory for the cremation of body parts;   “Casket” means a rigid container that is designed for the encasement of a dead human body and that is constructed of wood, metal or another rigid material, is ornamented and lined with fabric and may or may not be combustible;   “Temporary container” means a receptacle for cremated remains composed of cardboard, plastic, metal or another material that can be closed in a manner that prevents the leakage or spillage of the cremated remains and the entrance of foreign material and that is of sufficient size to hold the cremated remains until they are placed in an urn or scattered; and   “Urn” means a receptacle designed to encase cremated remains permanently.
TN Code § 62-5-508 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 5 - Cremation|§ 62-5-508. Final Disposition of Remains — Unclaimed Cremated Remains

  Except as provided in subsection (b), no person shall:  Dispose of the cremated remains of a dead human body or body parts in such a manner or in such a location that the cremated remains are commingled with those of another decedent or body parts removed from another decedent or living person; or   Place the cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person in the same urn or temporary container.     Notwithstanding subsection (a), a person may:  Scatter cremated remains at sea, by air or in a dedicated area at a cemetery used exclusively for the scattering on the ground of the cremated remains of dead human bodies or body parts;   Commingle cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person or the placement in the same urn or temporary container of the cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person if operating under specific instructions from the decedent or decedents or an heir or personal representative designated by the decedent or decedents to make such a decision; and   If the person is operating under the decedent's instructions, commingle the cremated remains or body parts removed from another decedent or living person, after receipt of the cremated remains or the body parts, with those of another decedent or body parts removed from another decedent or living person.     Unless otherwise specified by any written agreement between the operator of the crematory facility or funeral establishment and the person or entity requesting the cremation of human remains, any cremated human remains unclaimed one hundred eighty (180) calendar days from the date of cremation, may be interred, entombed, or inurned by the operator of the crematory facility, and a record of the disposition of such unclaimed cremated human remains shall be made available by the operator of the crematory facility or funeral establishment for inspection on weekdays between the hours of eight o’clock a.m. (8:00 a.m.) and four-thirty p.m. (4:30 p.m.).
TN Code § 62-5-510 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 5 - Cremation|§ 62-5-510. Removal of Devices or Implants From Remains

 If a funeral director delivers the decedent to a crematory facility, the funeral director shall take reasonable precautions to ensure necessary actions are taken to remove a device or implant from the decedent or to render the device or implant nonhazardous prior to delivering the decedent to the crematory facility if the funeral director is aware of such a device or implant.
TN Code § 62-5-511 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 5 - Cremation|§ 62-5-511. Crematory Facility Operator Liability

  The operator of a crematory facility is not liable for damages in a civil action for any of the following actions or omissions, unless the actions or omissions were made with malicious purpose, in bad faith or in a wanton or reckless manner:  Having performed the cremation of the decedent, or having released or disposed of the cremated remains, in accordance with the instructions set forth by the decedent or an heir or personal representative of the decedent;   Having performed the cremation of the decedent or body parts removed from the decedent or living person or having released or disposed of the cremated remains in accordance with the instructions set forth by the decedent or an heir or personal representative of the decedent; or   Any failure to correctly identify a dead human body prior to cremation.     The operator of a crematory facility is not liable for damages in a civil action for refusing to accept a dead human body or body parts or to perform a cremation under any of the following circumstances, unless the refusal was made with malicious purpose, in bad faith or in a wanton or reckless manner:  The operator has actual knowledge that there is a dispute regarding the cremation of the decedent or body parts, and the operator has not received an order of the court having jurisdiction ordering the cremation of the decedent or body parts;   The operator has a reasonable basis for questioning the accuracy of any of the information or statements provided to the operator with respect to the cremation of the decedent or body parts; or   The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the cremation.     The operator of a crematory facility is not liable for damages in a civil action in connection with the cremation of or disposition of the cremated remains of any dental gold, jewelry or other items of value delivered to the facility with a dead human body or body parts unless the actions or omissions of the operator were made with malicious purpose, in bad faith or in a wanton or reckless manner.   This section does not create a new cause of action or substantive legal right against the operator of a crematory facility.   This section does not affect any immunities from civil liability or defenses established by law to which the operator of a crematory facility may be entitled.
TN Code § 62-5-512 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 5 - Cremation|§ 62-5-512. Cremation Without a Casket

 No operator of a crematory facility shall require a person to be cremated in a casket; provided, that in the discretion of the operator of a crematory facility, a container composed of readily combustible materials that is suitable for cremation, other than a casket, may be required.
TN Code § 62-5-513 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 5 - Funeral Directors and Embalmers|Part 5 - Cremation|§ 62-5-513. Delay of Cremation

 If a person who signs the death certificate, a district attorney general or any law enforcement officer, or an emergency medical or rescue worker, emergency medical technician or paramedic who attended the person immediately prior to or after the person's death, signs a written statement requesting the delay of a cremation based upon a reasonable belief that the cause of death may have been due to other than accidental or natural causes, then the cremation of a dead human body shall be delayed based upon that request.