reglab/housing_qa huggingface dataset:
ID Code § 54-1127 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1127 - INJUNCTION AGAINST VIOLATIONS OF ACT — VENUE.

54-1127. INJUNCTION AGAINST VIOLATIONS OF ACT — VENUE. The attorney general of the state of Idaho, the board, or any resident citizen may maintain an action in equity in their name or in the name of the state of Idaho to perpetually enjoin any person from persisting in the doing of any acts constituting a violation of this act or in failing to do any acts required by this act. Such action shall be brought in the district court of the county in which such acts or omissions, or some of them, are claimed to have been or are being committed, by filing a verified complaint. The court, or a judge thereof at chambers if satisfied from such complaint or by affidavits that the acts complained of have been or are being committed and will probably be persisted in, may issue a temporary writ, without notice or bond, enjoining the defendant from the commission of any such act or acts pending further hearing of the cause. The cause shall then proceed as in other cases for injunction.  History: [54-1127, added 1970, ch. 70, sec. 26, p. 167.]
ID Code § 54-1128 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1128 - VIOLATIONS CONSTITUTING MISDEMEANORS — EXCEPTIONS — ENFORCEMENT.

54-1128. VIOLATIONS CONSTITUTING MISDEMEANORS — EXCEPTIONS — ENFORCEMENT. Any person who knowingly violates any provision of this chapter, or any licensee under this chapter who shall commit an act of unprofessional conduct as defined and designated under the provisions of subsection (2) of section 54-1116, Idaho Code, except paragraphs (g), (i), and (p) thereof, shall be guilty of a misdemeanor unless such conduct is punishable as a felony elsewhere under the law. It shall be the duty of the board of morticians to see that the provisions of this chapter are properly administered and enforced throughout the state, and all peace officers and prosecuting attorneys shall aid in their several capacities in discharge of these duties.  History: [54-1128, added 1970, ch. 70, sec. 27, p. 167; am. 1974, ch. 13, sec. 108, p. 138; am. 2003, ch. 257, sec. 16, p. 676; am. 2020, ch. 175, sec. 19, p. 522; am. 2020, ch. 257, sec. 7, p. 748.]
ID Code § 54-1129 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1129 - DECLARATION OF INTENT.

54-1129. DECLARATION OF INTENT. It is the purpose of sections 54-1129 through 54-1138, Idaho Code, to provide for the certification of licensed funeral establishments selling or offering for sale prearrangement sales contracts, to provide for the creation and administration of prearrangement sales contract trust funds to assure funds for the performance to purchasers who contract through prearrangement sales contracts for the purchase of funeral and cemetery merchandise and funeral and cemetery services, and to provide for the disbursement and allocation of trust funds upon the certified seller’s performance of its contractual obligations. The sections of Idaho Code specified herein shall not affect the provisions of sections 54-1101 through 54-1121 and sections 54-1127 and 54-1128, Idaho Code.  History: [54-1129, added 1989, ch. 138, sec. 2, p. 311; am. 2020, ch. 257, sec. 8, p. 748.]
ID Code § 54-1130 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1130 - SCOPE AND EXCEPTIONS.

54-1130. SCOPE AND EXCEPTIONS. (1) Sections 54-1129 through 54-1138, Idaho Code, apply to all establishments that sell or offer for sale prepaid funeral or cemetery merchandise or services. (2) Sections 54-1133, 54-1134 and 54-1135, Idaho Code, do not apply to: (a) Agreements to sell or sales made for rights of interment or entombment in a cemetery section, lawn crypt section, mausoleum or columbarium that are in existence at the time of initial payment on the contract; or (b) Agreements to sell or sales made for monuments and grave markers that will be delivered and installed upon performance of payment.  History: [54-1130, added 1989, ch. 138, sec. 2, p. 311; am. 2020, ch. 257, sec. 9, p. 748.]
ID Code § 54-1132 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1132 - CERTIFICATE OF AUTHORITY — REQUIREMENTS — DISPLAY OF CERTIFICATE.

54-1132. CERTIFICATE OF AUTHORITY — REQUIREMENTS — DISPLAY OF CERTIFICATE. (1) Effective July 1, 2021, no licensed funeral establishment 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. The holder of the funeral establishment license shall be responsible for the certificate of authority and any agent of the establishment who operates under the certificate of authority. (2) 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 funeral establishments licensed under chapter 11, title 54, Idaho Code, shall be issued by the state board of morticians and shall be renewed annually at the same time as the funeral establishment license is renewed. (3) A licensed funeral establishment 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 licensed funeral establishment; and (c) Any information deemed necessary by the certificating authority to show compliance with section 54-1116, Idaho Code. (4) Upon issuance, the certificate of authority shall be posted conspicuously in the licensed funeral establishment. (5) The agent of any licensed funeral establishment holding a certificate shall present a copy of the certificate to the purchaser before engaging in the activity of selling a prearrangement sales contract. (6) 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. (7) 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; am. 2020, ch. 257, sec. 11, p. 750.]
ID Code § 54-1133 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1133 - FORM AND CONTENT OF CONTRACT — PRICE DISCLOSURE.

54-1133. FORM AND CONTENT OF CONTRACT — PRICE DISCLOSURE. (1) Each contract shall be written in clear, understandable language and shall be printed or typed in an easy-to-read font, size, and style. (2) Each contract shall identify the seller, the certificate of authority number the certified seller is working under, purchaser, and the beneficiary if other than the purchaser. (3) Each contract shall specify the services and/or merchandise to be provided, as well as a statement of the law regarding substitution as provided in section 54-1137, Idaho Code. (4) Each contract shall set forth the purchase price and the terms under which it is to be paid. (5) Each contract shall conform to other state or federal regulations, including price disclosure. It is the contract seller’s duty to comply with such regulations. (6) Each contract shall state clearly whether it is a guaranteed price contract or a nonguaranteed price contract. (7) Each contract shall state clearly whether it is a revocable or nonrevocable trust. (8) Each contract shall state the amount of money to be placed in trust and the name of the trustee, but the contract may provide that the certified seller may designate a new trustee to obtain higher interest earnings on the trust funds. (9) Each contract shall explain the disposition of the interest and include a statement of the fees, expenses and taxes that may be deducted from the interest pursuant to section 54-1134, Idaho Code, and a statement of the purchaser’s responsibility for taxes owed on the interest. (10) Each contract shall explain the purchaser’s cancellation rights pursuant to section 54-1135, Idaho Code.  History: [54-1133, added 1989, ch. 138, sec. 2, p. 313; am. 2020, ch. 257, sec. 12, p. 750.]
ID Code § 54-1135 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1135 - CANCELLATION OF CONTRACT — REFUND OF TRUST DEPOSITS.

54-1135. CANCELLATION OF CONTRACT — REFUND OF TRUST DEPOSITS. A. At any time prior to the death of the beneficiary under a revocable prearrangement sales contract trust, the purchaser may cancel the contract and be entitled to a refund of all payments made, plus accrued interest thereon, less reasonable administrative expenses and taxes incurred in the operation of the trust. B. Prearrangement sales contracts which are irrevocable pursuant to the terms of such contract shall not be cancellable by the purchaser or by the beneficiary.  History: [54-1135, added 1989, ch. 138, sec. 2, p. 315.]
ID Code § 54-1136 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1136 - SOLICITATION — LIMITATIONS.

54-1136. SOLICITATION — LIMITATIONS. (1) The right of a certified seller to lawfully advertise shall not be restrained, nor shall general advertising be prohibited. (2) Advertising and marketing of prearrangement sales contracts is permitted provided that: (a) The certified seller and its agents clearly identify themselves and their product. (b) The certified seller and its agents show the certificate of authority as provided in section 54-1132, Idaho Code. If the marketing is by telephone, the certified seller and its agents must disclose the certificate of authority. (3) Advertising and marketing of prearrangement sales contracts is permitted provided that any contract seller shall not: (a) Directly or indirectly call upon or employ any agent, assistant, employee, independent contracting person, or any other person to call upon individuals or persons in hospitals, rest homes, or similar institutions for the purpose of soliciting prepaid contracts for making funeral or cemetery or final disposition arrangements without first having been specifically requested to do so by such person or by his next of kin. (b) Solicit for dead human bodies for the purpose of providing funeral or cemetery services, final disposition, or cemetery or funeral merchandise when such solicitation occurs where death is reasonably pending or after death. (c) Solicit or accept or pay any consideration for recommending specified persons to cause a dead human body to be provided funeral or cemetery services or funeral or cemetery merchandise, or the services of a crematory, mausoleum, or cemetery, except where such arrangement is subject to a prepaid contract. (d) Be involved in solicitation that comprises an uninvited invasion of personal privacy at the personal residence of a person, unless the solicitation has been previously and expressly requested by the person solicited.  History: [54-1136, added 1989, ch. 138, sec. 2, p. 315; am. 2003, ch. 257, sec. 19, p. 678; am. 2020, ch. 257, sec. 14, p. 752.]
ID Code § 54-1137 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1137 - SUBSTITUTIONS — MERCHANDISE, SERVICES OR PROVIDER.

54-1137. SUBSTITUTIONS — MERCHANDISE, SERVICES OR PROVIDER. (1) If the particular merchandise or service specified in the contract is unavailable at the time of delivery, the certified seller shall furnish merchandise and services similar in style and at least equal in quality of material and workmanship. (2) The evaluation of quality shall be based on objective criteria. (3) The person making arrangements for the funeral of the contract beneficiary shall choose the goods and/or services to be substituted and this choice must be reasonable based on the standards in subsections (1) and (2) of this section. (4) If the certified seller is unable to provide merchandise and services or acceptable substitute merchandise or services under the terms of the contract, then the person responsible for arrangements for the funeral of the contract beneficiary may choose another provider and the funds in the trust shall be used to pay for the merchandise and services of the substitute provider.  History: [54-1137, added 1989, ch. 138, sec. 2, p. 316; am. 2020, ch. 257, sec. 15, p. 753.]
ID Code § 54-1138 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1138 - ENFORCEMENT PENALTY — DISCLOSURE OF CONTRACTS UPON SALE OF BUSINESS.

54-1138. ENFORCEMENT PENALTY — DISCLOSURE OF CONTRACTS UPON SALE OF BUSINESS. (1) Sections 54-1129 through 54-1143, Idaho Code, shall be enforced by the Idaho state board of morticians or by the Idaho state board of cemeterians, depending upon whether the seller is a mortician/funeral director or cemeterian, who shall have authority to promulgate rules to enforce the provisions. (2) Any person violating the provisions of sections 54-1129 through 54-1143, Idaho Code, shall be guilty of a misdemeanor unless such act is punishable as a felony elsewhere under law. (3) No funeral service or funeral merchandise provider, be it funeral home or cemetery or third party seller, shall go out of business or sell a substantial part or all of its assets to any other person or firm without first disclosing the full particulars of all prearrangement sales contracts entered into by such seller, including the date of such contract, the purchaser thereof, the beneficiary, the amount of the trust, the name and location of trustee, and the merchandise or services to be provided under the terms of the contract.  History: [54-1138, added 1989, ch. 138, sec. 2, p. 316; am. 2003, ch. 257, sec. 20, p. 679.]
ID Code § 54-1139 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1139 - INSTRUCTIONS FOR DISPOSITION OF PERSON’S REMAINS.

54-1139. INSTRUCTIONS FOR DISPOSITION OF PERSON’S REMAINS. (1) A person may provide written instructions as part of a prearranged funeral plan for disposition of the person’s remains by any lawful means. The person shall execute the prearranged funeral plan, containing the instructions, as provided in section 54-1133, Idaho Code. (2) As used in this section, "prearranged funeral plan" means a plan: (a) For the final disposition of a person’s remains; and (b) That has been funded in advance of the death of the person leaving instructions for the disposition of that person’s remains. (3) A person, as part of a prearranged funeral plan, shall have the authority to sign all necessary or required forms, authorizations or agreements pertaining to the disposition of his remains including, but not limited to, a cremation authorization form. (4) A person, as part of a prearranged funeral plan, may designate a person to make decisions regarding any substitutions under section 54-1137, Idaho Code. (5) To the extent any provisions relating to the disposition of a person’s remains are not clearly covered in a prearranged funeral plan, then the provisions of section 54-1142, Idaho Code, shall apply. The mere ownership of a burial plot, with or without a headstone or marker, does not constitute a prearranged funeral plan.  History: [54-1139, added 1994, ch. 423, sec. 1, p. 1329; am. 2009, ch. 51, sec. 1, p. 132.]
ID Code § 54-1140 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1140 - PERSON’S DIRECTIONS TO BE FOLLOWED — EXCEPTION.

54-1140. PERSON’S DIRECTIONS TO BE FOLLOWED — EXCEPTION. Unless a compelling public interest makes it impossible to comply with a person’s direction as provided in section 54-1139, Idaho Code, the remains of a person must be disposed of as instructed in such instrument.  History: [54-1140, added 1994, ch. 423, sec. 2, p. 1330.]
ID Code § 54-1141 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1141 - SURVIVOR’S SERVICES.

54-1141. SURVIVOR’S SERVICES. The provisions of sections 54-1140 and 54-1142, Idaho Code, shall not prevent the deceased person’s survivors from, at their own expense, pursuing alternate meaningful services and making arrangements for funeral services that do not conflict with the deceased’s instructions for disposition.  History: [54-1141, added 1994, ch. 423, sec. 3, p. 1330; am. 2003, ch. 257, sec. 21, p. 679; am. 2009, ch. 51, sec. 2, p. 133.]
ID Code § 54-1143 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1143 - RIGHT TO RELY.

54-1143. RIGHT TO RELY. (1) Any person signing a funeral service agreement or cremation authorization form or any other authorization for disposition, whether part of a prearranged funeral plan or at time of death, shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the deceased whose remains are sought to be buried or cremated and the signer’s authority to order such disposition. (2) A funeral establishment, cemetery or crematory establishment shall have the right to rely on such authorization and shall have authority to dispose of human remains upon the receipt of an authorization form signed by the decedent or by the person having the right to control disposition as set forth in section 54-1142, Idaho Code, or upon authorization by the county coroner pursuant to section 31-2802, Idaho Code. There shall be no liability of a funeral establishment, cemetery or crematory establishment that disposes of human remains pursuant to such authorization, or that releases or disposes of the remains pursuant to such authorization.  History: [54-1143, added 1994, ch. 423, sec. 5, p. 1331; am. 2003, ch. 257, sec. 22, p. 679; am. 2012, ch. 208, sec. 3, p. 563.]
ID Code § 54-1144 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS|Section 54-1144 - UNCLAIMED REMAINS OF VETERANS.

54-1144. UNCLAIMED REMAINS OF VETERANS. (1) The division of veterans services may assume control over the cremated remains of a deceased person if: (a) The decedent’s remains have not been disposed of pursuant to a prearranged funeral plan as set forth in section 54-1139, Idaho Code; (b) The persons vested with the right to control the disposition of the remains of a deceased person pursuant to section 54-1142, Idaho Code, have not made final arrangements for the disposition of the remains within one (1) year following the deceased person’s death or have not exercised control over those remains for a period of one (1) year; and (c) The division of veterans services certifies that the deceased person is eligible for interment at a state veterans cemetery as an armed forces member pursuant to the rules of the state veterans cemetery. (2) An Idaho chapter of a nationally chartered veterans services organization may assume control over the cremated remains of a deceased person if: (a) The decedent’s remains have not been disposed of pursuant to a prearranged funeral plan as set forth in section 54-1139, Idaho Code; (b) The persons vested with the right to control the disposition of the remains of a deceased person pursuant to section 54-1142, Idaho Code, have not made final arrangements for the disposition of the remains within one (1) year following the deceased person’s death or have not exercised control over those remains for a period of one (1) year; and (c) The Idaho chapter of a nationally chartered veterans services organization certifies that: (i) The deceased person is an armed forces member as defined in the rules of a state veterans cemetery; (ii) The Idaho chapter of a nationally chartered veterans services organization shall be solely responsible for the costs of interment, including the application for and receipt of any available governmental benefits. (3) There shall be no liability of a funeral establishment, mortuary, cemetery, crematory, or a related entity, a licensed mortician, or licensed funeral director, or any employee or agent thereof who transfers the cremated remains of a deceased person to the division of veterans services or an Idaho chapter of a nationally chartered veterans services organization pursuant to the provisions of this section. (4) There shall be no liability of the state of Idaho or any employee or agent thereof related to the transfer of the cremated remains of a deceased person to an Idaho chapter of a nationally chartered veterans services organization or the interment of such remains pursuant to the provisions of this section.  History: [54-1144, added 2003, ch. 53, sec. 1, p. 194; am. 2018, ch. 66, sec. 1, p. 157.]
ID Code § 54-1201 (2021)
2021 Idaho Code|Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES|Chapter 12 - ENGINEERS AND SURVEYORS|Section 54-1201 - DECLARATION OF POLICY.

54-1201. DECLARATION OF POLICY. To safeguard life, health and property, every person practicing or offering to practice professional engineering or professional land surveying, as herein defined, for any project physically located in this state, shall submit evidence of his qualifications and be licensed as hereinafter provided; and it shall be unlawful for any person to practice or offer to practice professional engineering or professional land surveying for any project physically located in this state, or to use in connection with his name or otherwise assume, use or advertise any title or description tending to convey the impression that he is a licensed professional engineer or professional land surveyor, unless such person has been duly licensed or is exempted under the provisions of this chapter. Except as exempted by section 54-1223, Idaho Code, an engineer shall be allowed to practice professional engineering as defined in this chapter only when he has become duly licensed as a professional engineer by the board under this chapter. Except as exempted by section 54-1223, Idaho Code, a land surveyor shall be allowed to practice professional land surveying as defined in this chapter only when he has become duly licensed as a professional land surveyor by the board under this chapter. The practice of professional engineering or professional land surveying shall be deemed a privilege granted by the Idaho board of licensure of professional engineers and professional land surveyors through the board, based on qualifications of the individuals as evidenced by the person’s license, which shall not be transferable.  History: [54-1201, added 1939, ch. 231, sec. 1, p. 516; am. 1957, ch. 234, sec. 1, p. 547; am. 1986, ch. 140, sec. 1, p. 377; am. 1996, ch. 357, sec. 1, p. 1186; am. 2001, ch. 247, sec. 1, p. 890; am. 2008, ch. 378, sec. 2, p. 1024.]