reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.15 - Dishonest or Unethical Business Practices

Current through Rules and Regulations filed through June 27, 2024
(1) Every cemetery, preneed dealer,
				merchandise dealer, salesperson or person subject to the jurisdiction of the
				Act shall observe high standards of commercial honor and just and equitable
				principles of trade in the conduct of business.
(2) The Secretary of State may, at his or her
				discretion, undertake such investigations and take such actions as are
				authorized by the Act whenever he or she has reasonable grounds to believe that
				the Act has been violated or is about to be violated in any manner including,
				but not limited to, the following:
(a)
				Hypothecation of trust funds or escrow funds required by the Act to be
				maintained by a cemetery or preneed dealer;
(b) Disciplinary action taken against any
				person subject to the provisions of the Act by the appropriate board or agency
				of any state or territory governing the licensing and administration of
				cemeteries, cemetery salespersons, merchandise dealer, and any dealers and
				salesmen of preneed burial merchandise;
(c) The selling of or the offering to sell
				any cemetery property, burial rights, burial services, or burial merchandise by
				means of any oral or written untrue statement of material fact or any omission
				to state a material fact necessary in order to make the statements made, in the
				light of the circumstances under which they were made, not
				misleading;
(d) The
				misappropriation, conversion, illegally withholding, or failure to account for
				any cemetery trust funds, escrow funds, or other funds established or
				maintained pursuant to the Act;
(e)
				The willfully making or causing to be made, in any document filed with the
				Secretary of State or in any proceeding under the Act, any statement which is,
				at the time it is made and in the light of the circumstances under which it is
				made, false or misleading in any material respect;
(f) The employment of any device, scheme, or
				artifice to defraud a purchaser in connection with the offer, sale, or purchase
				of any cemetery property, burial rights, burial services, or burial
				merchandise, directly or indirectly;
(g) The engaging in any transaction, act,
				practice, or course of business which operates or has operated as a fraud or
				deceit upon a purchaser or seller in connection with the offer, sale, or
				purchase of any cemetery property, burial rights, burial services, or burial
				merchandise, directly or indirectly;
(h) Failing to provide a copy of any contract
				entered into by any person to such person or to his or her authorized
				representative; or
(i) Engaging in
				any act, omission, practice or activity which is otherwise a violation of the
				Act or these Rules.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.16 - Non-Payment of Statutory Fees or Penalties

Current through Rules and Regulations filed through June 27, 2024
(1) Every registration, annual report,
				filing, or administrative penalty required or imposed pursuant to the Code or
				any Rule or Regulation promulgated thereunder shall be accompanied by the
				required fee. No registration, annual report, filing or administrative penalty
				required pursuant to the Code or any Rule shall be considered officially
				received by the Secretary of State without the required fee.
(2) If a check submitted in payment of a fee
				is dishonored, the Secretary of State shall promptly notify the applicant,
				registrant or filer of the dishonor. The applicant, registrant or filer shall
				have fifteen (15) days from the date of notice to pay the required fee. If such
				payment is not made, the Secretary of State may take any action authorized by
				the Act.
(3) All fees are
				nonrefundable.
(4) In the event
				that a civil penalty is imposed upon any person pursuant to Code Section
				 10-14-19, the Secretary of State may, to collect such civil penalty, act under any or all
				of the following paragraphs:
(a) In addition
				to any other method provided by law for the collection of civil penalties
				imposed pursuant Code Section
				 10-14-19, any civil penalty assessed by the Secretary of State in any order that is not
				paid when due, including failure to pay any interest or costs thereon, may be
				collected by the Secretary of State by and with the same authority contained in
				Code Section
				 48-2-55, which provides for the collection of taxes by the state revenue commissioner.
				If any civil penalty imposed by the Secretary of State pursuant Code Section
				 10-14-19 is not paid within ten (10) days after notice and demand from the Secretary of
				State, the Secretary of State may notify the Attorney General. The Attorney
				General may, in his or her sole discretion, initiate appropriate proceedings to
				collect such penalty.
(b) In aid of
				collection or execution, the Secretary of State may do either, or both, of the
				following:
1. Examine any person, including
				the person liable, by taking depositions or propounding interrogatories as
				provided in the Georgia Civil Practice Act, Chapter 11 of Title 9 of the
				Official Code of Georgia; or
2.
				Compel the production of documents or other items as provided in the Georgia
				Civil Practice Act, Chapter 11 of Title 9 of the Official Code of
				Georgia.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.19 - Criminal History Access and Confidential Law Enforcement Informers

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary
				of State's investigators who are certified as peace officers by the Georgia
				Peace Officers Standards and Training Council are authorized to request access
				to criminal history files maintained by any state or federal law enforcement
				agency.
(2) Criminal history
				information that the Secretary of State's investigators obtain from state or
				federal law enforcement agencies shall be securely maintained by the Secretary
				of State and his or her staff and shall be confidential.
(3) Any access to such criminal history
				information shall be made in accordance with applicable laws, conditions, and
				limits imposed by the providing enforcement agency.
(4) The Secretary of State may determine, in
				his or her sole discretion, whether the identity of a confidential informer
				shall be disclosed. The Secretary of State shall take into account the public
				interest and the safety and security of the confidential informer.
O.C.G.A. Secs.
				  10-14-13,   10-14-14.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.20 - Copies of Documents

Current through Rules and Regulations filed through June 27, 2024
(1) Upon request, the Secretary shall provide
				certified copies of any document, instrument, data, or paper officially filed
				as available on the automated database, microfilm files or other records
				maintained by or on behalf of the Secretary.
(2) Except as otherwise provided in the Act
				or by these Rules, the Secretary may accept telephonic or electronic requests
				for copies of documents and the certification of such documents, provided such
				requests specifically identify the documents requested.
O.C.G.A. Sec.
				  10-14-14.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-1 - RULES OF GENERAL APPLICABILITY › Rule 590-3-1-.21 - Certification of Forms

Current through Rules and Regulations filed through June 27, 2024
(1) At least thirty (30) days prior to using
				any new form each entity subject to the provisions of the Act and the Rules and
				Regulations shall file, in a format prescribed by the Secretary, a listing of
				new preneed forms including a fully executed certificate of compliance. Any
				such listing and the applicable certificate of compliance must be prepared
				individually for each contract and/or forms.
(2) Elements of Certification. The elements
				of certification as determined by the Secretary which must be included in all
				forms are as follows:
(a) The name of the
				entity;
(b) A statement that the
				officer signing the certification form is knowledgeable of the information
				contained in each preneed contract and/or forms, whichever is being
				certified;
(c) A statement that the
				officer signing the certification form has carefully reviewed the preneed
				contracts and/or forms which are attached to the certification;
(d) A statement that the officer signing the
				certification has read and understands each applicable law, regulation and
				policy statement as it pertains to the new forms; and
(e) A statement that the officer signing the
				certification form certifies that:
1. For the
				Listing of New Preneed Forms that the certifying officer has reviewed the
				proposed contracts and/or agreements and to the best of the officer's good
				faith, knowledge and belief, the preneed contracts and/or agreements identified
				on the listing of new policy forms are in full compliance with all Georgia
				cemetery laws and rules and regulations;
2. The name and title of the officer signing
				the certification form and the date the certification form is signed;
3. The original signature of the officer.
				Signature stamps, photocopies or a signature on behalf of the officer will not
				be accepted. Electronic signatures must be in compliance with the rules and
				regulations.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-2 - PRENEED SALES AGENTS › Rule 590-3-2-.01 - Preneed Sales Agents

Current through Rules and Regulations filed through June 27, 2024
(1) The registration of a preneed sales agent
				shall be valid for a period of twelve (12) months from its date of
				effectiveness as stated on the preneed sales agent permit issued by the
				Secretary of State.
(2) The
				registration must be renewed on or before the expiration date each year by the
				submission of a renewal application to the Secretary of State along with the
				payment of the renewal fee of $50.00.
O.C.G.A. Secs.
				  10-14-5,   10-14-14,  44-3-132, 44-3-139.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-2 - PRENEED SALES AGENTS › Rule 590-3-2-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  10-14-14,  44-3-132, 44-3-133, 44-3-139.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-2 - PRENEED SALES AGENTS › Rule 590-3-2-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				 44-3-131, 44-3-139.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-2 - PRENEED SALES AGENTS › Rule 590-3-2-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				 44-3-132, 44-3-139.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-2 - PRENEED SALES AGENTS › Rule 590-3-2-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				 44-3-132, 44-3-139.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-3 - PERPETUAL CARE CEMETERIES › Rule 590-3-3-.01 - Additional Documents to be Filed with Registration Application

Current through Rules and Regulations filed through June 27, 2024
In addition to the documents specified in O.C.G.A. Sec.
				  10-14-4(b)(1),  each cemetery owner shall file:
(1) A
				certified copy of a plat of the land indicating the following:
(a) The plat has been recorded with the
				appropriate specified governmental agency and bearing the appropriate index
				number in accordance with Official Code of Georgia Annotated section
				 44-2-26, as now or hereafter amended;
(b)
				the name of the cemetery; and
(c)
				the total acreage of dedicated cemetery property.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-3 - PERPETUAL CARE CEMETERIES › Rule 590-3-3-.02 - Reports Subsequent to Effective Registration

Current through Rules and Regulations filed through June 27, 2024
Each cemetery owner required to register with the Secretary
				 of State shall file an annual report in a form specified by the Secretary of
				 State.
(1) The report shall be deemed
				to be timely filed if it is either:
(a)
				received in the office of the Division of Securities and Business Regulation
				during business hours not later than March 31 of each calendar year,
				or
(b) if it is mailed certified
				mail, return-receipt requested and post-marked not later than March 31 of each
				calendar year.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-3 - PERPETUAL CARE CEMETERIES › Rule 590-3-3-.03 - Evidence of Transfer of Burial Rights; Business, Corporate, and Financial Records

Current through Rules and Regulations filed through June 27, 2024
(1) Deed or Certificate. A deed or other
				certificate to a grave space or other burial right shall be issued by a
				cemetery whenever the space is used for the interment of human remains or
				whenever the space is fully paid for.
(2) Corporate and Financial Records. Each
				perpetual care cemetery required to register with the Secretary of State shall
				keep and maintain its business and financial records for the cemetery and its
				perpetual care trust fund as segregated records separate and apart from the
				records of any other cemetery, trust, or business, including any other cemetery
				or business of the cemetery owner, cemetery salespersons, or perpetual care
				trustee.
(3) Plat of Real Property.
				Each perpetual care cemetery required to register with the Secretary of State
				shall cause to be made a plat in accordance with Official Code of Georgia
				Annotated §
									44-2-26, as now or hereafter amended. A copy of said plat shall be kept and made
				available for public inspection at the cemetery's principal place of business
				in Georgia that is open to the public.
(4) Sales Journal. Each perpetual care
				cemetery required to register with Secretary of State shall keep and maintain a
				sales journal at the cemetery's principal place of business. Said sales journal
				shall contain, at a minimum, the following items:
(a) A record of each individual specified
				sales contract, indicating the sales contract number;
(b) The date of execution of each specified
				sales contract;
(c) The name of the
				person who purchased the property pursuant to each specified sales
				contract;
(d) The total sales price
				of the property subject to each specified sales contract;
(e) The number of lots subject to each
				specified sales contract;
(f) The
				location of property which must include section, lot and space number;
				and
(g) The amount due to the
				perpetual care trust fund.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-3 - PERPETUAL CARE CEMETERIES › Rule 590-3-3-.04 - Marking of Nonperpetual Care Sections

Current through Rules and Regulations filed through June 27, 2024
If a perpetual care cemetery required to register with the
				 Secretary of State contains lots, sections, or parcels for which perpetual care
				 is not promised and maintained, the nonperpetual care section shall be
				 physically separate or distinguished from the perpetual care sections, and both
				 nonperpetual care and perpetual care sections shall be clearly marked and
				 designated. This requirement may be satisfied by the installation of an
				 identifying sign, of a size not less than one-half (1/2) square foot, spaced
				 not less than every one hundred (100) feet along the perimeter of each
				 nonperpetual care section, identifying any nonperpetual care section as such.
				 Any plat of the cemetery filed with the Secretary of State, and any map of the
				 cemetery provided to any person, shall likewise identify any nonperpetual care
				 portion of the cemetery. In the event a cemetery does not post such signs and
				 depict such information on its plat with respect to any section or portion,
				 such property may be considered to be a perpetual care cemetery
				 portion.
O.C.G.A. Secs.
				  10-14-14,  44-3-139.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-3 - PERPETUAL CARE CEMETERIES › Rule 590-3-3-.05 - Perpetual Care Trust Fund

Current through Rules and Regulations filed through June 27, 2024
(1) Deposits to the perpetual care trust fund
				shall be whichever is the greatest of:
(a)
				the amount required by the Act;
(b)
				the amount required by the controlling trust agreement; or
(c) the amount represented to the purchaser
				as being the amount to be deposited.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-3 - PERPETUAL CARE CEMETERIES › Rule 590-3-3-.06 - Trustee of Perpetual Care Trust Fund

Current through Rules and Regulations filed through June 27, 2024
(1) The following persons may act as the
				trustee of the perpetual care trust fund required by §
									10-14-6 of 
				the Act:
(a) A bank or financial institution
				incorporated pursuant to Official Code of Georgia Annotated §
										7-1-390,
et
				seq.,
and authorized to exercise and validly exercising the powers of
				a fiduciary pursuant to Article 2, Chapter 1 of Title 7 of the Official Code of
				Georgia Annotated, as now or hereafter amended;
(b) A building and loan or savings and loan
				association incorporated pursuant to Official Code of Georgia Annotated §
										7-1-770,
et
				seq.,
and authorized to exercise and validly exercising the powers of
				a fiduciary pursuant to Article 7, Chapter 1 of Title 7 of the Official Code of
				Georgia Annotated, as now or hereafter amended;
(c) A trust company incorporated pursuant to
				Official Code of Georgia Annotated §
										7-1-390,
et
				seq.,
and authorized to exercise and validly exercising the powers of
				a fiduciary pursuant to Article 2, Chapter 1 of Title 7 of the Official Code of
				Georgia Annotated, as now or hereafter amended;
(d) A national bank authorized to act as a
				fiduciary under the laws of the United States;
(e) A federally chartered savings and loan
				association authorized to act as a fiduciary under the laws of the United
				States; and
(f) Any other
				institution with trust powers authorized to be a depository for a perpetual
				care trust fund under the Act or which is approved by the Secretary of State or
				which meets standards set forth in these Rules.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-3 - PERPETUAL CARE CEMETERIES › Rule 590-3-3-.07 - Depository of Perpetual Care Trust Fund

Current through Rules and Regulations filed through June 27, 2024
(1) The following persons may act as the
				depository of the perpetual care trust fund required by Sec.
				 10-14-6 of 
				the Act:
(a) Those institutions specifically
				described in Sec.
				 10-14-6 of 
				the Act;
(b) An insurance company
				licensed to do business in Georgia and which has an A.M. Best rating of B+ or
				better;
(c) Any other financial
				institution not specifically noted in this Rule and which petitions the
				Secretary of State for approval. The Secretary of State may approve such
				institution as a depository if it demonstrates to the Secretary of State its
				financial soundness and responsibility and complies with the other requirements
				of this Rule.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-3 - PERPETUAL CARE CEMETERIES › Rule 590-3-3-.08 - Sales and Business Practices

Current through Rules and Regulations filed through June 27, 2024
(1) Discounting of Factoring of Accounts
				Receivable. If a cemetery discounts or factors the accounts receivable created
				by the sale of cemetery lots on a full recourse basis or signs a collateral
				agreement making the cemetery remain liable upon default of a cemetery lot
				contract, any sales contract involved is not deemed to be paid in full for a
				period not to exceed six (6) years from the execution date of the contract
				until the factor or purchaser of the accounts receivable is paid in full by the
				purchaser of the cemetery lot. If a cemetery discounts or factors said accounts
				receivable on a nonrecourse basis, any sales contracts involved is deemed to be
				paid in full at the time of discounting or factoring of the account.
(2) Repurchase and Subsequent Sale. If a
				cemetery, cemetery company, or cemetery salesperson repurchases or otherwise
				obtains a burial space from a previous purchaser and sells the lot again to a
				subsequent purchaser, a deposit to the perpetual care trust fund for the
				subsequent sale shall be made in accordance with section
				 10-14-6(b) of  the Act.
(3) In-Kind Trade. If a cemetery, cemetery
				company or cemetery salesperson makes an in-kind trade of a lot, mausoleum
				crypt, or niche in one cemetery for any other lot, mausoleum crypt, or niche in
				any other cemetery, a deposit to the perpetual care trust fund for the lot so
				given shall be made in accordance with section
				 10-14-6(b) of  the Act.
(4) Intra-cemetery Trades. If a cemetery lot,
				crypt, or niche is traded for another cemetery lot, crypt, or niche in the same
				cemetery, any amount actually deposited to the perpetual care trust fund for
				the lot, crypt, or niche so traded will be allowed as a credit for the deposit
				required to the perpetual care trust fund for the new purchase.
O.C.G.A. Secs.
				  10-14-6,   10-14-14,  44-3-134, 44-3-139.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-3 - PERPETUAL CARE CEMETERIES › Rule 590-3-3-.09 - Perpetual Care Trust Agreement

Current through Rules and Regulations filed through June 27, 2024
(1) Filing.
(a) Each cemetery owner shall file with the
				Secretary of State an executed copy of a perpetual care trust agreement with an
				application for registration.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-3 - PERPETUAL CARE CEMETERIES › Rule 590-3-3-.10 - Charges for Removal and Relocation of Monuments

Current through Rules and Regulations filed through June 27, 2024
No cemetery owner may charge a fee for the removal,
				 reinstallation or relocation of any monument unless the fee is included in the
				 schedule of charges filed with the Registration Application or as an amendment
				 thereto.
O.C.G.A. Sec.
				  10-14-14.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-3 - PERPETUAL CARE CEMETERIES › Rule 590-3-3-.11 - Additional Exemptions from Registration

Current through Rules and Regulations filed through June 27, 2024
In addition to those exceptions expressly provided for by
				 statute, pursuant to O.C.G.A. Sec.
				  10-14-4(e),  a cemetery which meets the following criteria and which would otherwise be
				 required to register under the Act shall be exempt from registration:
(1) The cemetery is owned and operated by a
				Georgia not-for-profit corporation, or a foreign not-for-profit corporation
				qualified to do business in Georgia;
(2) No officer, director or member of such
				corporation receives any compensation in connection with the ownership,
				operation or management of the cemetery property;
(3) No officer, director or member of such
				corporation, nor any immediate family member thereof, conducts any business on
				the property of such cemetery, or supplies any cemetery or funeral services or
				merchandise on such property, provided that such an individual may be paid a
				reasonable amount for property maintenance services actually performed by such
				person on the property;
(4) The
				cemetery is less than 25 acres in size; and
(5) No consideration is received by the
				cemetery or its owner for any cemetery or funeral services or merchandise other
				than for burial spaces, provided that owners of such burial spaces, their
				family members, friends and heirs, may contribute funds and in-kind goods and
				services to the corporation for the purpose of maintaining the cemetery
				property.
O.C.G.A. Secs.
				  10-14-4,   10-14-14.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-3 - PERPETUAL CARE CEMETERIES › Rule 590-3-3-.12 - Allocation of Funds

Current through Rules and Regulations filed through June 27, 2024
In the event any sale is made on an installment basis, the
				 perpetual care trust fund shall receive the appropriate percentage of each
				 installment payment first prior to any additional allocation of funds until the
				 minimum amount required to be placed in the perpetual care trust fund, pursuant
				 to the Act, has been paid in full.
O.C.G.A. Sec.
				  10-14-14.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-4 - PRENEED DEALERS › Rule 590-3-4-.01 - Preneed Escrow Accounts

Current through Rules and Regulations filed through June 27, 2024
(1) Establishment of Account. Each preneed
				dealer that has not established a trust fund account pursuant to Section
				 10-14-7 or 
				 10-14-7.1 of  the Act shall establish one or more preneed escrow accounts into which
				deposits shall be made pursuant to Section
				 10-14-7 of  the Act. Said accounts shall be either segregated (containing the deposits
				required to be made as a result of a single transaction) or aggregated
				(containing deposits required to be made as a result of multiple transactions).
				In the event all services and merchandise under a contract have been provided
				or funds for any merchandise or services have been refunded pursuant to the Act
				and these Rules, and said funds were in a segregated account, the account may
				be closed upon payment of funds from the account. In the event funds are
				originally deposited into an aggregated account, they may subsequently be
				deposited into a segregated account, provided the amount of funds deposited on
				account of any transaction is not less than the amount which would be required
				to be refunded pursuant to Section
				 10-14-17(a)(3) 
				 or 
				 10-14-17(a)(4) 
				 of  the Act and these Rules.
(2)
				Funding through Insurance.
(a) In the event
				that an insurance policy is opened for the purpose of funding preneed burial or
				funeral services and is titled, either solely or jointly, in the name of a
				registrant, or if the purchaser makes an irrevocable payable-upon death
				designation in favor of the registrant, the registrant must establish and
				maintain a record of each insurance policy and the funds allocated to such
				policy. The insurance policy will be subject to the filing requirements of the
				Act and the Rules and Regulations with regard to the account.
(b) In the event thatan Insurance Policyis
				titled in the name of the customer only and no irrevocable payable-upon-death
				designation is made, the funds will not be subject to the escrow requirements
				of the Act. However, the cost of the insurance policy must be paid directly by
				the customer to the insurance provider. If a registrant takes possession of or
				accumulates funds for the purpose of purchasing a Insurance Policy on the
				customer's behalf, this will render the transaction a preneed sale requiring
				the registrant to hold the Insurance Policy in escrow as an asset of the
				account and will be subject to the funding and filing requirements of the Act
				and the Rules and Regulations.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-4 - PRENEED DEALERS › Rule 590-3-4-.02 - Burial Merchandise and Services

Current through Rules and Regulations filed through June 27, 2024
Subject to the provisions of Sec.
				  10-14-7(d) of  the Act, delivery of burial merchandise
				 for the purposes of Sec.
				  10-14-7(d) 
				 may be accomplished by either:
(1)
				Actual and physical delivery of the burial merchandise to the purchaser or the
				purchaser's representative at a place designated by him or her at the time of
				need, or in the case of merchandise other than a monument or outer burial
				container intended for use with a casket to be buried, and not intended to be
				affixed to realty above ground and to be monumental in character, at a time
				prior to the time of need; or
(2)
				With the permission of the purchaser or the purchaser's representative,
				physical attachment of the burial merchandise, if it is a monument, to a burial
				space, individual crypt or mausoleum space owned by the purchaser.
O.C.G.A. Secs.
				  10-14-14,   10-14-7,  44-3-139, 44-3-134.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-4 - PRENEED DEALERS › Rule 590-3-4-.03 - Preneed Escrow Agreement

Current through Rules and Regulations filed through June 27, 2024
(1) Filing.
(a) Each preneed dealer shall file with the
				Secretary of State an executed copy of a preneed escrow agreement with an
				application for registration as required by the Act.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-4 - PRENEED DEALERS › Rule 590-3-4-.04 - Records

Current through Rules and Regulations filed through June 27, 2024
(1) Corporate and
				Financial Records.Each preneed dealer required to register with the Secretary
				of State shall keep and maintain its business and financial records for the
				preneed dealer and its preneed escrow account as segregated records separate
				and apart from the records of any other preneed dealer, financial accounts, or
				business, including any other business of the preneed dealer, preneed dealer
				salespersons, or escrow account agent.
(2) Sales Contracts.
(a) Sales of burial and funeral merchandise
				and services by or on behalf of a preneed dealer required to register with the
				Secretary of State shall be made and evidenced by a written sales contract.
1. The sales contracts for each preneed
				dealer shall be consecutively numbered in one continuous numerical
				sequence.
2. If the sales contract
				also includes items, property, or services sold by a cemetery required to be
				registered with the Secretary of State, the sales contracts shall be in
				sequential numerical order as outlined in Rule
				 590-3-3-.03(1)  so
				that all sales contracts will be consecutively numbered for the entire
				cemetery.
3. Each preneed dealer
				shall maintain a legible copy (photostatic or otherwise) of every executed
				sales contract. Said copies shall be available for inspection upon request by
				representatives of the Secretary of State.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-4 - PRENEED DEALERS › Rule 590-3-4-.05 - Refunds

Current through Rules and Regulations filed through June 27, 2024
(1) The amount of
				interest accruing on the sales price of merchandise and services described in
				O.C.G.A. §
									10-14-17 and  to be refunded pursuant to the provisions thereof shall be computed as
				follows:
(a) In the case of a segregated
				account, the interest shall be the balance present in the account at the time
				the refund is made less the amount originally deposited.
(b) In the case of an aggregated account, any
				registrant:
1. May calculate the amount of
				interest or other earnings attributable to the individual initial deposit by
				multiplying the average U.S. Treasury Bill yield for the period during which
				the purchase price was on deposit by the amount of the initial deposit. The
				average U.S. Treasury Bill yield for said period shall be determined by
				averaging the yield on the three-month U.S. Treasury Bill on the last day of
				each calendar quarter during said period; or
2. In the alternative, a registrant may by
				rule filed with the Secretary set forth a formula reasonably calculated to
				compute the proportionate amount of the earnings of such account during the
				period between the time of the required initial deposit and the time of the
				refund; provided that in no event shall the proportional earnings on such
				account be less than the amount which would result from multiplying the initial
				deposit by one-half (1/2) of the legal rate of interest during such period on a
				simple interest basis. Records reflecting any calculation made pursuant to any
				such rule shall be retained in the records of the registrant and provided upon
				request to the person requesting the refund.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-4 - PRENEED DEALERS › Rule 590-3-4-.06 - Reports Subsequent to Effective Registration

Current through Rules and Regulations filed through June 27, 2024
Each preneed registrant required to register with the
				 Secretary of State shall file an annual report in a form specified by the
				 Secretary of State.
(1) The report
				shall be deemed to be timely filed if it is either:
(a) Received in the office of the Division of
				Securities and Business Regulation during business hours not later than March
				31 of each calendar year, or
(b) If
				it is mailed certified mail, return-receipt requested and post-marked not later
				than March 31 of each calendar year.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-4 - PRENEED DEALERS › Rule 590-3-4-.07 - Preneed Trust Fund

Current through Rules and Regulations filed through June 27, 2024
(1) Establishment of Trust Fund. Each preneed
				dealer that sells burial or funeral merchandise on a preneed basis or preneed
				burial or funeral services, other than preneed funeral services described in
				Section
				 10-14-7.1 of  the Act, and has not established either an escrow account pursuant to
				Section
				 10-14-7 of  the Act or a trust account for preneed funeral services pursuant to Section
				 10-14-7.1 of  the Act shall establish a trust fund into which deposits shall be made
				pursuant to Section
				 10-14-7 of  the Act.
(2) Preneed Trust
				Agreement.
(a) Each preneed dealer shall be
				under a continuing duty to file with the Secretary of State any and all
				changes, amendments, or revisions to the preneed trust agreement filed pursuant
				to Section
				 10-14-4(b)(2)(L) 
				 of  the Act.
(b) Each preneed trust
				agreement filed with the Secretary of State must include a certification clause
				verifying that the agreement is in accordance with the Act and the Rules and
				Regulations.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-5 - MERCHANDISE DEALERS › Rule 590-3-5-.02 - Installation of Merchandise

Current through Rules and Regulations filed through June 27, 2024
(1) A cemetery owner may require that any
				person engaged in the retail sale of merchandise or merchandise services to
				consumers who wishes to install, place or set merchandise provide the cemetery
				with evidence that the person has a valid registration with the Secretary of
				State. No cemetery owner may refuse to allow a merchandise dealer to install
				merchandise due to any failure to provide such evidence unless and until the
				cemetery has obtained confirmation from the Secretary of State that such person
				is not registered. If a cemetery wishes to require proof that a merchandise
				dealer has obtained all necessary local or occupational licenses, then the
				cemetery may require copies of such licenses. No merchandise dealer, as a
				condition of installing merchandise in a perpetual care cemetery, may be
				required by the cemetery owner or any other person to provide proof of
				registration with the Secretary of State or other licenses more frequently than
				once per year. Provided, however, a cemetery may by rule require a merchandise
				dealer to provide proof of a change in registration with the Secretary of State
				or the status of other licenses five (5) days prior to the installation of
				merchandise in the cemetery.
(2)
				Rules and Regulations.
(a) A cemetery may
				adopt rules and regulations setting forth reasonable standards for merchandise
				installed in the cemetery, provided that if a cemetery does adopt such rules
				and regulations, those rules and regulations shall include:
1. The style and size of merchandise or its
				foundation;
2. The content and
				material of which the merchandise and/or foundation is to be
				constructed;
3. The locations or
				gardens in which different merchandise may be installed;
4. The manner of installation of either a
				flat or upright monument;
5. The
				specific location on the grave for the installation of either flat or upright
				monuments;
6. The requirements for
				the removal and replacement of merchandise in the path that any installation
				equipment must take to install specific merchandise;
7. The clean-up necessary after installation;
				and
8. Any limitations on the date
				or time of installations.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-6 - MAUSOLEUM PRECONSTRUCTION › Rule 590-3-6-.01 - Mausoleum Preconstruction Trust Fund

Current through Rules and Regulations filed through June 27, 2024
When computing the amount to be deposited to the
				 preconstruction trust fund, the initial cost of the land upon which the
				 mausoleum will be built shall not be included in the total project
				 price.
O.C.G.A. Secs.
				  10-14-14,   10-14-29.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.01 - Applicability and Scope of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) The Rules of this Chapter 590-3-6 shall
				govern all hearings in "contested cases," as that term is found in Rule
				 590-3-1-.05, which, if requested,
				will be conducted before the Secretary of State, the Division Director, a
				referee appointed by the Secretary of State, or an Administrative Law Judge
				designated by the Office of State Administrative Hearings. Hearings held by an
				Administrative Law Judge shall be subject to the policies, rules, and
				procedures of the Office of State Administrative Hearings. For the purposes of
				these Rules "the Hearing Officer" shall refer to the Secretary of State or the
				Division Director, and unless the context requires otherwise, to a referee or
				an Administrative Law Judge.
(2)
				The Hearing Officer shall afford a liberal construction of these Rules where
				respondents in a case are not represented by counsel. Moreover, at the
				discretion of the Hearing Officer, the procedural requirements of these Rules
				may be relaxed in appropriate cases where such relaxation will facilitate the
				resolution of the matter without prejudice to the parties and will not be
				inconsistent with the requirements of the Georgia Administrative Procedure Act
				(APA) or other applicable statute.
(3) Procedural questions arising at any stage
				of the proceeding that are not addressed in the APA, any other applicable law,
				or these Rules shall be resolved at the discretion of the Hearing Officer, as
				justice requires. The Hearing Officer may consult and utilize the Civil
				Practice Act, Code Section Title 9, Chapter 611, and the Uniform Rules for the
				Superior Courts in the exercise of his or her discretion.
(4) In the event any requirement of these
				Rules conflicts with, or is supplemented by, an applicable state or federal
				statute or a federal rule governing hearings, the requirement of the
				conflicting or supplementing state or federal statute or the federal rule shall
				be applied by the Hearing Officer either on the Hearing Officer's own
				initiative or on the written notice or motion of any party.
O.C.G.A. Sec.
				  10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.02 - Filing and Submission of Documents

Current through Rules and Regulations filed through June 27, 2024
(1) All submissions authorized or required to
				be filed with the Hearing Officer under the Act and these Rules shall be filed
				on 81/2 by 11 inch paper with the Hearing Officer's Clerk ("Clerk").
				Submissions shall be deemed filed on the date on which they are received by the
				Clerk, or the official postmark date such document was mailed, properly
				addressed to the Clerk with postage prepaid, whichever date comes first.
				Submissions may also be filed by facsimile machine or other approved electronic
				means designated by the Hearing Officer.
(2) The office hours of the Clerk shall be
				8:00 a.m. to 5:00 p.m., Monday through Friday, except State legal
				holidays.
(3) All submissions shall
				be signed by the person making the submission, or by said person's attorney or
				other authorized agent or representative, and shall state the name, address,
				telephone number and the representative capacity of the person making the
				submission. The signature of an attorney or party shall constitute a
				certification that the signer has read the submission and that it is not
				interposed for delay or any improper purpose.
(4) All legal authority referred to, or in
				any way relied upon, in any submission that is not already a part of the record
				shall be included in full and may not be incorporated by reference. This
				requirement does not apply to published decisions of the Georgia appellate
				courts, the Official Code of Georgia Annotated, Georgia Laws, Rules and
				Regulations published by the Secretary of State of Georgia, or any federal
				statutes, regulations, or published decisions.
(5) Failure to comply with this Rule, or any
				other requirement of the Act and these Rules relating to the form or content of
				submissions to be filed, may result in the exclusion from the record, and the
				consideration by the Hearing Officer, of the non-complying submission. If, on
				motion by any party or on the Hearing Officer's own motion, the Hearing Officer
				determines that a submission fails to meet any requirement of the Act and these
				Rules, the Hearing Officer may direct the Clerk to return the submission by
				mail together with a reference to the applicable Rule(s). A party whose
				submission has been returned shall have ten (10) days from the date the
				submission is mailed back by the Clerk within which to conform the submission
				to the applicable Rule(s) and refile the submission.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.03 - Computation of Time

Current through Rules and Regulations filed through June 27, 2024
(1) Computation of any period of time
				referred to in these Rules shall begin with the first day following the day on
				which the act that initiates such period of time occurs. When the last day of
				the period so computed is a day on which the office of the Hearing Officer's
				Clerk is closed, the period shall run until the end of the following business
				day.
(2) Whenever a party has the
				right, or is required, to do some act or take some action within a prescribed
				period after the service of notice or other paper, other than process, upon the
				party by another party within a period prescribed by these Rules and not
				otherwise specified by law, three days shall be added to that prescribed period
				if the notice or paper is served by mail.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.