reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13A - Practice of Funeral Service. › § 90-210.24 - Inspector.

§ 90-210.24. Inspector.
(a) The Board may appoint one or more agents who shall serve at the pleasure of the Board and who shall have the title "Inspector of the North Carolina Board of Funeral Service." No person is eligible for appointment as inspector unless at the time of the appointment the person is licensed under this Article as a funeral service licensee.
(b) To determine compliance with the provisions of this Article and regulations promulgated under this Article, inspectors may
(1) Enter the office, establishment or place of business of any funeral service licensee, funeral director or embalmer in North Carolina, and any office, establishment or place in North Carolina where the practice of funeral service or embalming is carried on, or where that practice is advertised as being carried on, or where a funeral is being conducted or a body is being embalmed, to inspect the records, office, establishment, or facility, or to inspect the practice being carried on or license or registration of any licensee and any resident trainee operating therein;
(2) Enter any hospital, nursing home, or other institution from which a dead human body has been removed by any person licensed under this Article or their designated representative to inspect records pertaining to the removal and its authorization; and
(3) May inspect criminal and probation records of licensees and applicants for licenses under this Article to obtain evidence of their character.
Inspectors may serve papers and subpoenas issued by the Board or any office or member thereof under authority of this Article, and shall perform other duties prescribed or ordered by the Board.
(c) Upon request by the Board, the Attorney General of North Carolina shall provide the inspectors with appropriate identification cards, signed by the Attorney General or his designated agent.
(d) The Board may prescribe an inspection form to be used by the inspectors in performing their duties. (1975, c. 571; 1979, c. 461, s. 10; 1993, c. 164, s. 2; 1997-399, s. 4; 2003-420, ss. 1, 6.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13A - Practice of Funeral Service. › §§ 90-210.25A: Recodified as G.S. 65-77 by Session Laws 2003-420, s. 8(b), effective October 1, 2003.

§ 90-210.25A: Recodified as G.S. 65-77 by Session Laws 2003-420, s. 8(b), effective October 1, 2003.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13A - Practice of Funeral Service. › § 90-210.25B - Persons who shall not be licensed under this Article.

§ 90-210.25B. Persons who shall not be licensed under this Article.
(a) The board shall not issue or renew any licensure, permit, or registration to any person or entity who has been convicted of a sexual offense against a minor.
(b) For purposes of this Article, the term "sexual offense against a minor" means a conviction of any of the following offenses: G.S. 14-27.23 (statutory rape of a child by an adult), G.S. 14-27.25(a) (statutory rape of a person who is 15 years of age or younger and where the defendant is at least six years older), 14-27.28 (statutory sexual offense with a child by an adult), G.S. 14-27.30 (statutory sexual offense with a person who is 15 years of age or younger and where the defendant is at least six years older), G.S. 14-190.16 (first-degree sexual exploitation of a minor), G.S. 14-190.17 (second degree sexual exploitation of a minor), G.S. 14-190.17A (third degree sexual exploitation of a minor), G.S. 14-190.18 (promoting prostitution of a minor), G.S. 14-190.19 (participating in prostitution of a minor), G.S. 14-202.1 (taking indecent liberties with children), G.S. 14-202.3 (solicitation of child by computer or certain other electronic devices to commit an unlawful sex act), G.S. 14-202.4(a) (taking indecent liberties with a student), G.S. 14-318.4(a1) (parent or caretaker commit or permit act of prostitution with or by a juvenile), or G.S. 14-318.4(a2) (commission or allowing of sexual act upon a juvenile by parent or guardian). The term shall also include a conviction of the following: any attempt, solicitation, or conspiracy to commit any of these offenses or any aiding and abetting any of these offenses. The term shall also include a conviction in another jurisdiction for an offense which if committed in this State has the same or substantially similar elements to an offense against a minor as defined by this section.
(c) If a person or entity holding a license, permit, or registration in another jurisdiction has the license revoked, suspended, or placed on probation because of a felony conviction other than those enumerated above, the board shall impose a sanction equal to or greater than to the sanction imposed by the other jurisdiction.
(d) If a person or entity holding a license, permit, or registration in another jurisdiction has the license revoked, suspended, or placed on probation because of conduct related to fitness to practice as described in G.S. 90-210.25(e), the board shall impose a sanction equal to or greater than the sanction imposed by the other jurisdiction. (2012-194, s. 71; 2015-62, s. 1(c); 2015-181, ss. 45, 47.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13A - Practice of Funeral Service. › § 90-210.25C - Notification forms for deceased voters.

§ 90-210.25C. Notification forms for deceased voters.
(a) At the time funeral arrangements are made, a funeral director or funeral service licensee is encouraged to make available to near relatives of the deceased a form upon which the near relative may report the status of the deceased voter to the board of elections of the county in which the deceased was a registered voter.
(b) A funeral director or funeral service licensee may obtain forms for reporting the status of deceased voters from the county board of elections. (2013-381, s. 39.2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13A - Practice of Funeral Service. › § 90-210.26 - Good moral character.

§ 90-210.26. Good moral character.
Evidence of good moral character may be shown by the affidavits of three persons who have been acquainted with the applicant for three years immediately preceding the submission of the affidavit. (1979, c. 461, s. 22.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13A - Practice of Funeral Service. › § 90-210.28 - Fees.

§ 90-210.28. Fees.
The Board may set and collect fees, not to exceed the following amounts:
Establishment permit
Application $400.00
Annual renewal 250.00
Late renewal 150.00
Establishment and embalming facility reinspection fee 150.00
Courtesy card
Application 100.00
Annual renewal 75.00
Out-of-state licensee
Application 250.00
Embalmer, funeral director, funeral service
Application-North
Carolina-Resident 200.00
-Non-Resident 250.00
Annual Renewal-embalmer or
funeral director 75.00
Total fee, embalmer and funeral director
when both are held by the same person 100.00
-funeral service 100.00
Inactive Status 50.00
Reinstatement fee 50.00
Resident trainee permit
Application 50.00
Voluntary change in supervisor 50.00
Annual renewal 35.00
Late renewal 25.00
Duplicate license certificate 25.00
Chapel registration
Application 150.00
Annual renewal 100.00
Late renewal 75.00
The Board shall provide, without charge, one copy of the current statutes and regulations relating to Funeral Service to every person applying for and paying the appropriate fees for licensing pursuant to this Article. The Board may charge all others requesting copies of the current statutes and regulations, and the licensees or applicants requesting additional copies, a fee equal to the costs of production and distribution of the requested documents. (1979, c. 461, s. 22; 1981, c. 619, s. 5; 1985, c. 447, ss. 1, 2; 1987, c. 710; 1989 (Reg. Sess., 1990), c. 968; 1997-399, s. 15; 2001-294, s. 5; 2007-531, s. 6; 2018-78, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13A - Practice of Funeral Service. › § 90-210.29 - Students.

§ 90-210.29. Students.
(a) Students who are enrolled in duly accredited mortuary science colleges in North Carolina may engage in the practices defined in this Article if the practices are part of their academic training and if the practices are under the supervision of a licensed instructor of mortuary science or a licensee designated by the mortuary science college upon registration with the Board.
(b) Repealed by Session Laws 2001-294, s. 6. (1979, c. 461, s. 22; 2001-294, s. 6.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13A - Practice of Funeral Service. › § 90-210.29A - Identification of bodies before burial or cremation.

§ 90-210.29A. Identification of bodies before burial or cremation.
The funeral director or person otherwise responsible for the final disposition of a dead body shall, prior to the interment or entombment of the dead body, affix on the ankle or wrist of the dead body, or, if cremated, on the inside of the temporary container or urn containing the remains of the dead body, a tag of durable, noncorroding material permanently marked with the name of the deceased, the date of death, the social security number of the deceased, the county and state of death, and the site of interment or entombment. (1995, c. 312, s. 1; 2003-420, s. 10.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13A - Practice of Funeral Service. › § 90-210.29B - Exemptions from public records.

§ 90-210.29B. Exemptions from public records.
(a) The examination scores of applicants for licensure shall not be subject to the provisions of Chapter 132 of the General Statutes. The Board shall release to any person requesting examination scores whether or not the applicant has obtained a passing score within a reasonable amount of time.
(b) Records, papers, and other documents containing information collected or compiled by or on behalf of the Board as a result of a complaint, investigation, audit, disciplinary matter, or interview in connection with a licensee, permittee, or registrant, or any application for a license, permit, or registration, shall not be considered public records within the meaning of Chapter 132 of the General Statutes. Any notice of hearing or decision rendered in connection with a hearing shall be a public record subject to inspection. (2007-484, s. 43.9; 2007-531, s. 7; 2018-78, s. 4.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › §§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

Article 13C.
Cremations.
§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › § 90-210.41 - 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › § 90-210.42 - 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › § 90-210.43 - 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › § 90-210.44 - 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › § 90-210.45 - 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › § 90-210.46 - 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › § 90-210.47 - 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › § 90-210.48 - 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › § 90-210.49 - 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › § 90-210.50 - 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › § 90-210.51 - 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › § 90-210.52 - 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › § 90-210.53 - 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13C - Cremations. › § 90-210.54 - 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.

§§ 90-210.40 through 90-210.54: Recodified as Article 13F of Chapter 90, G.S. 90-210.120 through 90-210.134.
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13D - Preneed Funeral Funds. › § 90-210.62 - Types of preneed funeral contracts; forms.

§ 90-210.62. Types of preneed funeral contracts; forms.
(a) A preneed licensee may offer standard preneed funeral contracts and inflation-proof preneed funeral contracts. A standard preneed funeral contract applies the trust funds or insurance proceeds to the purchase price of funeral services and merchandise at the time of death of the contract beneficiary without protection against potential future price increases. An inflation-proof contract establishes an agreement between the preneed licensee and the purchaser for funeral services and merchandise without regard to potential future price increases. Upon written disclosure to the purchaser of a preneed funeral contract, inflation-proof contracts may permit the preneed licensee to retain all of the preneed funeral contract trust funds on deposit, and all insurance proceeds, even those in excess of the retail cost of goods and services provided, when the preneed licensee has fully performed the preneed funeral contract. Preneed funeral contracts may be revocable or irrevocable, at the option of the preneed funeral contract purchaser.
(b) The Board may prescribe forms for preneed funeral contracts consistent with this Article. All contracts must be in writing on forms prescribed by the Board. Any use or attempted use of any oral preneed funeral contract or any written contract in a form not prescribed by the Board shall be deemed a violation of this Article. (1991 (Reg. Sess., 1992), c. 901, s. 2; 2007-531, s. 8.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13D - Preneed Funeral Funds. › § 90-210.63A - Amendment of preneed funeral contracts.

§ 90-210.63A. Amendment of preneed funeral contracts.
(a) Unless otherwise provided by this Article, preneed funeral contracts may be modified by mutual consent of the contracting preneed funeral establishment and the preneed contract purchaser, or after the death of the preneed contract purchaser, the preneed contract beneficiary or his or her legal representative.
(b) When the preneed contract purchaser and preneed contract beneficiary are the same, the preneed contract purchaser may designate one or more individuals to change the arrangements or performing funeral establishment, or may designate that the arrangements or performing funeral establishment may not be changed without an order from the clerk of superior court in the county where probate proceedings are instituted upon a finding that the change is in the best interest of the estate.
(c) If the preneed purchaser, or after his or her death, the preneed contract beneficiary or his or her legal representative, and the contracting preneed funeral establishment agree to modify any goods or services selected under an inflation-proof contract, the preneed licensee shall not be required to guarantee the price of the modified goods and services at the time of death and all other funeral goods and service selected shall remain guaranteed. If the modifications increase the purchase price, the provisions of G.S. 90-210.64(b) shall apply as if the modified contract had been executed on the original date. If the modifications decrease the purchase price, the preneed licensee shall refund all monies according to the provisions of G.S. 90-210.64(d). (2007-531, s. 9.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13D - Preneed Funeral Funds. › § 90-210.63B - Cancellation of insurance preneed contracts by preneed licensee.

§ 90-210.63B. Cancellation of insurance preneed contracts by preneed licensee.
A preneed licensee may cancel an insurance-funded preneed funeral contract by sending written notice by first-class mail, postage prepaid, to the last known address of the preneed funeral contract purchaser or, after the purchaser's death, the preneed contract beneficiary, or the beneficiary's legal representative if all the following conditions apply:
(1) The preneed funeral contract beneficiary has not used the preneed funeral contract to qualify for benefits from the Department of Health and Human Services.
(2) One or more insurance policies used as consideration for the preneed contract have lapsed or been revoked or cancelled by the preneed contract purchaser.
(3) The value of all insurance policies does not exceed five hundred dollars ($500.00). (2018-78, s. 7.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13D - Preneed Funeral Funds. › § 90-210.65 - Refund of preneed funeral funds.

§ 90-210.65. Refund of preneed funeral funds.
(a) Within 30 days of receipt of a written request from the purchaser of a revocable preneed funeral contract who has trust funds deposited with a financial institution pursuant to G.S. 90-210.61(a), the financial institution shall refund to the preneed funeral contract purchaser the entire amount held by the financial institution.
(b) Within 30 days of receipt of a written notice of cancellation of any prearrangement insurance policy purchased pursuant to G.S. 90-210.61(a)(3), the issuing insurance company shall pay such amounts to such person or persons as is provided under the terms of the prearrangement insurance policy.
(c) After making refund pursuant to this section and giving notice of the refund to the preneed licensee, the financial institution or insurance company shall be relieved from all further liability.
(d) Notwithstanding any other provision of this Article, if a preneed funeral contract is revoked or transferred following the death of the preneed funeral contract beneficiary, the purchaser of the preneed funeral contract may be charged according to the contracting preneed licensee's price lists for any services performed or merchandise provided prior to revocation or transfer.
(e) This section shall not apply to irrevocable preneed funeral contracts. Irrevocable preneed funeral contracts may only be revoked or any proceeds refunded by the order of a court of competent jurisdiction, except as follows:
(1) The Board may order an irrevocable contract revoked when the preneed contract beneficiary is no longer domiciled in this State and has submitted a written copy to the Board of a new preneed funeral contract executed under the laws of the state where the preneed contract beneficiary is domiciled. Upon receipt of the Board's order, the original contracting preneed licensee shall immediately follow the provisions of G.S. 90-210.63 to transfer the funds to the successor firm.
(2) Irrevocable preneed funeral contracts purchased pursuant to G.S. 90-210.61(a)(3) shall also be revocable when the underlying insurance policy lapses or is otherwise cancelled and the lapsed or cancelled policy no longer provides any funding for the preneed funeral contract. (1969, c. 187, s. 3; 1981 (Reg. Sess., 1982), c. 1336, s. 2; 1983, c. 657, s. 3; 1985, c. 12, ss. 1, 2; 1991 (Reg. Sess., 1992), c. 901, s. 2; 2003-420, s. 13; 2007-531, s. 11.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13D - Preneed Funeral Funds. › § 90-210.71 - Nonregulation of insurance sales.

§ 90-210.71. Nonregulation of insurance sales.
The provisions of this Article do not regulate the issuance and sale of insurance policies, but apply only to the underlying preneed funeral contracts. (1991 (Reg. Sess., 1992), c. 901, s. 2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13D - Preneed Funeral Funds. › § 90-210.72 - Nonapplication to certain funeral contracts.

§ 90-210.72. Nonapplication to certain funeral contracts.
This Article does not apply to contracts for funeral services or merchandise sold as preneed burial insurance policies pursuant to Part 13 of Article 10 of Chapter 143B of the North Carolina General Statutes or to replacements or conversions of such policies pursuant to G.S. 143B-472.28. (1991 (Reg. Sess., 1992), c. 901, s. 2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13D - Preneed Funeral Funds. › § 90-210.73 - Not public record.

§ 90-210.73. Not public record.
The following records or documents shall not be subject to the provisions of Chapter 132 of the General Statutes:
(1) The names and addresses of the purchasers and beneficiaries of preneed funeral contracts filed with the Board.
(2) All financial information used to demonstrate solvency in connection with a bond required under G.S. 90-210.67. (1997-399, s. 33; 2018-78, s. 13.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.82 - Limitation of soliciting agents; licensing and qualifications; officers exempt from license; issuance of membership certificates.

§ 90-210.82. Limitation of soliciting agents; licensing and qualifications; officers exempt from license; issuance of membership certificates.
Each burial association shall have for each funeral home sponsoring the said burial association not more than five agents or representatives soliciting members other than the secretary-treasurer and president, and before any agent or representative shall or may represent any burial association in North Carolina, he or she shall first apply to the Board of Funeral Service for a license, and the Board of Funeral Service shall have full power and authority to issue such license upon proof satisfactory to such Board that such person is capable of soliciting burial association memberships, is of good moral character and recommended by the association in behalf of which such membership solicitations are to be made. The Board of Funeral Service may reject the application of any person who does not meet the requirements as to capacity and moral fitness. The Board of Funeral Service may, upon proof satisfactory to it that said licensed agent has violated any section of this law, revoke said license. Upon the issuing of a license to solicit membership in any burial association, such person shall be required to pay in cash, at the time of issuing license to such applicant, to the Board of Funeral Service, the sum of five dollars ($5.00); moneys derived from this fee or charge, are to be and remain in the department or office of such Board of Funeral Service, for supervision of burial associations in this State, subject to withdrawal for expenses of supervision by authority of the Board of Funeral Service. It shall not be necessary that the president or secretary-treasurer of any burial association obtain a license for soliciting membership in the association of which such person is president or secretary-treasurer. Membership certificates shall not be issued by a solicitor in the field, but shall be reported to the office of the association and there issued and a record made of such issuance at the time such certificate is so issued. (1941, c. 130, s. 5; 1945, c. 125, s. 2; 1947, c. 100, s. 2; 1949, c. 201, s. 3; 1975, c. 837; 1987, c. 864, s. 12; 1997-313, ss. 5, 6, 7; 2003-420, ss. 1, 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.83 - Assessments against associations.

§ 90-210.83. Assessments against associations.
In order to meet the expenses of the supervision of the burial associations, the Board of Funeral Service shall prepare an annual budget for the office of the Board of Funeral Service. Thereafter, the Board of Funeral Service shall assess each burial association one hundred dollars ($100.00) and shall prorate the remaining amount of this budget, over and above any other funds made available to it for this purpose, and assess each association on a pro rata basis in accordance with the number of members of each association. Each burial association shall remit to the Board of Funeral Service its pro rata part of the total assessment, which expense shall be included in the thirty per centum (30%) expense allowance as provided in G.S. 90-210.81. This assessment shall be made on the first day of July of each and every year and said assessment shall be paid within 30 days thereafter. If any association shall fail or refuse to pay such assessment within 30 days, the Board of Funeral Service is authorized to transfer all memberships and assets of every kind and description to the nearest association that is found by the Board of Funeral Service to be in good sound financial condition. (1941, c. 130, s. 6; 1943, c. 272, s. 3; 1945, c. 125, s. 3; 1947, c. 100, s. 3; 1949, c. 201, s. 4; 1951, c. 901, s. 1; 1955, c. 259, ss. 1, 2; 1967, c. 985, s. 1; 1969, c. 1006, s. 2; 1973, c. 1476, s. 1; 1975, c. 837; 1977, c. 748, s. 3; 1981, c. 989, s. 6; 1983, c. 717, s. 12; 1987, c. 864, ss. 12, 14; 1997-313, ss. 5, 6, 7; 2003-420, ss. 16, 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.84 - Unlawful to operate without written authority of Board.

§ 90-210.84. Unlawful to operate without written authority of Board.
It shall be unlawful for any person, firm or corporation, association or organization to organize, operate, or in any way solicit members for a burial association, or for participation in any plan, scheme, or device similar to burial associations, without the written authority of the Board of Funeral Service, and any person, firm or corporation violating the provisions of this section shall be guilty of a Class 1 misdemeanor; provided, however, the Board of Funeral Service shall not withhold authority for the organization or operation of a bona fide burial association, meeting the requirements of this Article, unless it shall be found and established to the satisfaction of the Board of Funeral Service that the person or persons applying for authority to organize and operate such bona fide burial association is disqualified or does not meet the requirements of this Article. (1941, c. 130, s. 7; 1975, c. 837; 1987, c. 864, s. 12; 1993, c. 539, s. 1043; 1994, Ex. Sess., c. 24, s. 14(c); 1997-313, s. 5; 2003-420, ss. 1, 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.85 - Revocation of license.

§ 90-210.85. Revocation of license.
In the event it is proven to the satisfaction of the Board of Funeral Service that any burial association is being operated not in conformity with any provision of this Article, then it shall become the duty of the Board of Funeral Service upon hearing to revoke the license of said burial association and transfer said burial association, its membership and all its assets of every kind and description to another burial association that is found by the Board of Funeral Service to be in good sound financial condition; provided, that if said burial association gives notice of appeal as provided for in G.S. 90-210.94, then said burial association may continue to operate as before the revocation and until final adjudication. (1945, c. 125, s. 4; 1975, c. 837; 1987, c. 864, ss. 12, 15; 1997-313, s. 5; 2003-420, ss. 1, 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.86 - Deposit or investment of funds of mutual burial associations.

§ 90-210.86. Deposit or investment of funds of mutual burial associations.
Funds belonging to each mutual burial association over and above the amount determined by the Board of Funeral Service to be necessary for operating capital shall be invested in:
(1) Deposits in any federally insured depository institution or any trust institution authorized to do business in this State.
(2) Obligations of the United States of America.
(3) Obligations of any agency or instrumentality of the United States of America if the payment of interest and principal of the obligations is fully guaranteed by the United States of America.
(4) Obligations of the State of North Carolina.
(5) Bonds and notes of any North Carolina local government or public authority, subject to restrictions as the Board of Funeral Service may impose.
(6) Shares of or deposits in any savings and loan association organized under the laws of this State and shares of or deposits in any federal savings and loan association having its principal office in this State, provided that the savings and loan association is insured by the United States of America or any agency thereof or by any mutual deposit guaranty association authorized by the Commissioner of Insurance of North Carolina to do business in North Carolina pursuant to Article 7A of Chapter 54 of the General Statutes.
(7) Obligations of the Federal Intermediate Credit Banks, the Federal Home Loan Banks, Fannie Mae, the Banks for Cooperatives, and the Federal Land Banks, maturing no later than 18 months after the date of purchase.
Violation of the provisions of this section shall, after hearing, be cause for revocation or suspension of license to operate a mutual burial association. (1957, c. 820, s. 1; 1975, c. 837; 1987, c. 864, s. 12; 1997-313, s. 5; 2001-487, s. 14(l); 2003-420, ss. 1, 17(b); 2017-25, s. 1(i).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.87 - Unclaimed funds of defunct burial association.

§ 90-210.87. Unclaimed funds of defunct burial association.
All unclaimed funds of any burial association that is no longer in operation shall be disposed of in accordance with Chapter 116B. (1969, c. 1083; 1975, c. 837; 1979, 2nd Sess., c. 1311, s. 7; 1987, c. 864, s. 12; 2003-420, s. 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.88 - Penalty for failure to operate in substantial compliance with bylaws.

§ 90-210.88. Penalty for failure to operate in substantial compliance with bylaws.
If any burial association or other organization or official thereof, or any person operates or allows to be operated a burial association on any plan, scheme or bylaws not in substantial compliance with the bylaws set forth in G.S. 90-210.81, the Board of Funeral Service may revoke any authority or license granted for the operation of such burial association, and any person, firm or corporation or association convicted of the violation of this section shall be guilty of a Class 1 misdemeanor. (1941, c. 130, s. 8; 1975, c. 837; 1987, c. 864, ss. 12, 16; 1993, c. 539, s. 1044; 1994, Ex. Sess., c. 24, s. 14(c); 1997-313, s. 5; 2003-420, ss. 1, 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.89 - Penalty for wrongfully inducing person to change membership.

§ 90-210.89. Penalty for wrongfully inducing person to change membership.
Any burial association official, agent or representative thereof or any person who shall use fraud or make any promise not part of the printed bylaws, or who shall offer any rebate, gratuity or refund to cause a member of one association to change membership to another association, shall be guilty of a Class 1 misdemeanor. (1941, c. 130, s. 9; 1975, c. 837; 1987, c. 864, s. 12; 1993, c. 539, s. 1045; 1994, Ex. Sess., c. 24, s. 14(c); 2003-420, s. 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.90 - Penalty for making false and fraudulent entries.

§ 90-210.90. Penalty for making false and fraudulent entries.
Any person or burial association official who makes or allows to be made any false entry on the books of the association with intent to deceive or defraud any member thereof, or with intent to conceal from the Board of Funeral Service or its deputy or agent, or any auditor authorized to examine the books of such association, under the supervision of the Board of Funeral Service, shall be guilty of a Class 1 misdemeanor. (1941, c. 130, s. 10; 1945, c. 125, s. 5; 1975, c. 837; 1987, c. 864, s. 12; 1993, c. 539, s. 1046; 1994, Ex. Sess., c. 24, s. 14(c); 1997-313, ss. 5, 6; 2003-420, ss. 1, 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.91 - Accepting applications without collecting fee and first assessment.

§ 90-210.91. Accepting applications without collecting fee and first assessment.
Any burial association official, agent or representative, or any other person who shall accept any application for membership in any association without collecting the membership fee and first assessment due thereon from any such person making such an application for membership, shall be guilty of a Class 1 misdemeanor.
Any burial association official, agent or representative, or any other person who shall accept an application for an additional benefit from a member of a burial association without collecting the additional membership fee and the additional assessment due thereon from any such person making such an application for an additional benefit shall be guilty of a Class 1 misdemeanor. (1941, c. 130, s. 11; 1975, c. 837; 1987, c. 864, s. 12; 1993, c. 539, s. 1047; 1994, Ex. Sess., c. 24, s. 14(c); 2003-420, s. 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.92 - Removal of secretary-treasurer for failure to maintain proper records.

§ 90-210.92. Removal of secretary-treasurer for failure to maintain proper records.
Any burial association secretary-treasurer who fails to maintain records to the minimum standards required by the Board of Funeral Service shall be by such Board removed from office and another elected in his stead, such election to be immediate and by the board of directors of said burial association upon notice of such removal. (1941, c. 130, s. 12; 1975, c. 837; 1987, c. 864, s. 12; 1997-313, s. 5; 2003-420, ss. 1, 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.93 - Free services; failure to make proper assessments, etc., made a misdemeanor.

§ 90-210.93. Free services; failure to make proper assessments, etc., made a misdemeanor.
Any person or persons who offer free funeral services or free embalming, free ambulance service or any other thing free of charge, acting for any burial association, directly or indirectly, or who so acting shall in any way fail to assess for the amount needed to pay death losses and allowable expenses, shall be guilty of a Class 1 misdemeanor. (1941, c. 130, s. 13; 1967, c. 1197, s. 5; 1975, c. 837; 1987, c. 864, s. 12; 1993, c. 539, s. 1048; 1994, Ex. Sess., c. 24, s. 14(c); 2003-420, ss. 1, 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.94 - Right of appeal upon revocation or suspension of license.

§ 90-210.94. Right of appeal upon revocation or suspension of license.
Upon the revocation or suspension of any license or authority by the Board of Funeral Service, under any of the provisions of this Article, the said association or individual whose license or authority has been revoked or suspended shall have the right of appeal from the action of the Board of Funeral Service in revoking or suspending such license or authority to the Superior Court of Wake County or to the superior court of the county in which the said association or the said individual is domiciled or, upon agreement of the parties to the appeal, to any other superior court of the State. The association or individual appealing from the order of the Board of Funeral Service shall give notice of appeal in writing to the Board of Funeral Service, with a copy of such notice to the clerk of the superior court to which the appeal is taken, within 10 days of the date of notice of the order revoking or suspending the said license or authority and shall pay such appeal fees to the clerk of superior court as are required by law. Within 30 days after receipt of the notice of appeal, the Board of Funeral Service shall file with the clerk of the superior court of the county in which the appeal is to be heard the decision of the Board of Funeral Service. Upon receipt of such decision, the clerk of superior court shall place the matter upon the civil issue docket of the superior court and the same shall be heard de novo. Pending such appeal, the burial association or individual whose license or authority has been suspended or revoked shall continue to operate or function as before the revocation or suspension and until final adjudication by the superior court. (1941, c. 130, s. 14; 1943, c. 272, s. 4; 1957, c. 820, s. 3; 1973, c. 108, s. 20; 1975, c. 837; 1987, c. 864, s. 12; 1997-313, s. 5; 2003-420, ss. 1, 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.95 - Bond of secretary or secretary-treasurer of burial associations.

§ 90-210.95. Bond of secretary or secretary-treasurer of burial associations.
The secretary or secretary-treasurer of each burial association shall, before entering upon the duties of his office, and for the faithful performance thereof, execute a bond payable to the Board of Funeral Service as trustee for the burial association in some bonding company licensed to do business in this State, to be approved by the Board of Funeral Service. Said bond shall be in an amount not less than one thousand dollars ($1,000), nor more than ten thousand dollars ($10,000), in the discretion of the Board, for those associations whose assets, as determined by the Board's audit, are ten thousand dollars ($10,000) or less. For those associations whose assets, as determined by the Board's audit, are in excess of ten thousand dollars ($10,000), said bond shall be in an amount of ten thousand dollars ($10,000) plus twenty-five per centum (25%) of all assets over ten thousand dollars ($10,000); provided, however, that the bond required by this section shall not in any event exceed fifty thousand dollars ($50,000). If any association operates a branch or subsidiary and the officers of both associations are the same, for purposes of this section, it shall be treated as one association. Any burial association, with the consent of the Board of Funeral Service, may give a bond secured by a deed of trust on real estate situated in North Carolina, in lieu of procuring said bond from a bonding company. The bond thus given shall not be acceptable in excess of the ad valorem tax value for the current year of the real estate securing said bond. The deed of trust shall be recorded in the county or counties wherein the land lies and shall be deposited with the Board of Funeral Service, name the Board as trustee for the burial association and must constitute a first lien on the property secured by the deed of trust. Said deed of trust shall contain a description of the encumbered property by metes and bounds together with evidence by title insurance policy or by certificate of an attorney-at-law, certifying that said trustor is the owner of a marketable fee simple title to such lands. (1941, c. 130, s. 15; 1943, c. 272, s. 5; 1967, c. 985, s. 2; 1975, c. 837; 1987, c. 864, s. 12; 1997-313, s. 5; 2003-420, ss. 1, 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.96 - Assessments.

§ 90-210.96. Assessments.
Every burial association now or hereinafter organized shall make 12 assessments, or their equivalent, per year per member. The Board of Funeral Service shall order any association to make more than 12 assessments per year when, after notice and hearing, it shall appear to the Board of Funeral Service that the death loss of any association so requires in order to protect the interest of the members. (1943, c. 272, s. 6; 1969, c. 1041, s. 1; 1971, c. 650; 1975, c. 837; 1987, c. 864, s. 12; 1997-313, s. 5; 2003-420, ss. 1, 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.97 - Making false or fraudulent statement a misdemeanor.

§ 90-210.97. Making false or fraudulent statement a misdemeanor.
Any officer or employee of any burial association authorized to do business under this Article, who shall knowingly or willfully make any false or fraudulent statement or representation in or with reference to any application for membership or for the purpose of obtaining money or any benefit from any burial association transacting business under this Article, or who shall make any false financial statement to the Board of Funeral Service or to the membership of the burial association of which such person is an officer or employee shall be guilty of a Class 1 misdemeanor. (1943, c. 272, s. 6; 1975, c. 837; 1987, c. 864, s. 12; 1993, c. 539, s. 1049; 1994, Ex. Sess., c. 24, s. 14(c); 1997-313, s. 5; 2003-420, ss. 1, 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.98 - Statewide organization of associations.

§ 90-210.98. Statewide organization of associations.
It shall be lawful for the several mutual burial associations of the State of North Carolina, in good standing, to organize and provide for a statewide organization of mutual burial associations, which organization shall be for the mutual and general suggestive control of mutual burial associations in the State of North Carolina. Such organization shall be known as the North Carolina Burial Association, Incorporated, and shall be composed of members who are lawfully operating burial associations in this State and who pay their dues to such association. (1941, c. 130, s. 16; 1975, c. 837; 1987, c. 864, s. 12; 2003-420, s. 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.99 - Article deemed exclusive authority for organization, etc., of mutual burial associations.

§ 90-210.99. Article deemed exclusive authority for organization, etc., of mutual burial associations.
This Article shall be deemed and held exclusive authority for the organization and operation of mutual burial associations within the State of North Carolina, and such associations shall not be subject to any other laws respecting insurance companies of any class. (1941, c. 130, s. 17; 1975, c. 837; 1987, c. 864, s. 12; 2003-420, s. 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.100 - Operation of association in violation of law prohibited.

§ 90-210.100. Operation of association in violation of law prohibited.
No person, firm or corporation shall operate as a burial association in this State unless incorporated under the laws of the State of North Carolina and unless such association shall be operated in compliance with all the provisions of this Article, and unless such association shall be licensed and approved by the Board of Funeral Service. (1941, c. 130, s. 18; 1975, c. 837; 1987, c. 864, s. 12; 1997-313, s. 5; 2003-420, ss. 1, 17(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 13E - Mutual Burial Associations. › § 90-210.101 - Member of Armed Forces failing to pay assessments; reinstatement.

§ 90-210.101. Member of Armed Forces failing to pay assessments; reinstatement.
If a member of a burial association who is in the Armed Forces of the United States fails to pay any assessment, the member shall be in bad standing, and unless and until restored, shall not be entitled to benefits. However, the member shall be reinstated in the burial association upon application made by the member at any time until 12 months after the member's discharge from the Armed Forces of the United States, notwithstanding the member's physical condition and without the payment of assessments which have become due during the member's service in the Armed Forces of the United States. Benefits will be in force immediately after such reinstatement. (1943, c. 732, s. 2; 1975, c. 837; 1987, c. 864, s. 12; 2003-420, s. 17(b); 2011-183, s. 64.)