reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-7 - EYE ENUCLEATING TECHNICIANS › Section 395-X-7-.02 - Certification Training Course (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-151.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-7 - EYE ENUCLEATING TECHNICIANS › Section 395-X-7-.03 - Licensure And Renewal (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-151.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-8 - GENERAL PURPOSE, SCOPE, AUTHORITY, AND DEFINITIONS › Section 395-X-8-.01 - Purpose, Scope And Authority

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The purpose of this chapter is to
			 formalize the practice within the Alabama Board of Funeral Services preceding
			 the effective date of this chapter and set various fees and fine amounts
			 authorized in
Code of Ala. 1975
, §
								34-13-170 to -277 (2023), a part
			 of the Alabama Preneed Funeral and Cemetery Act,
Code of Ala.
			 1975
, §§
								34-13-170 to -277, et seq. (2023),
			 adjusted according to Alabama Act No. 2023-94.
(2) This chapter shall apply to all persons
			 subject to the Alabama Preneed Funeral and Cemetery Act.
(3) This chapter is adopted pursuant to
Code of Ala. 1975
, §§
								34-13-26 and
			 34-13-27 (2023).
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-27.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-8 - GENERAL PURPOSE, SCOPE, AUTHORITY, AND DEFINITIONS › Section 395-X-8-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The definitions set forth in §
								34-13-1,
Code of Ala.
				1975
, apply in this Chapter, together with the following
				definitions:
(1)
Board.
The Alabama Board of Funeral Services.
(2)
Department
. The Alabama
			 Department of Insurance.
(3)
GAAP (Generally Accepted Accounting Principles).
Uniform minimum
			 standards of, and guidelines to, financial accounting and reporting. The
			 Financial Accounting Standards Board (FASB) and the Governmental Accounting
			 Standards Board (GASB) are authorized to establish these principles.
(4)
FINANCIAL STATEMENT
. The
			 written disclosure of financial information by an applicant for or holder of a
			 preneed certificate of authority according to accounting principles and in a
			 form prescribed by this Chapter.
(5)
PRENEED CONTRACT.
As defined
			 in
Code of Ala. 1975
, §
								34-13-1 and Rule
			 395-X-9-.01.
(6)
PRINCIPAL.
In reference to a preneed contract, the total sum of
			 deposits on the individual items in the contract. In reference to a trust, the
			 total sum of deposits in trust for all preneed contracts.
(7)
THE ACT.
The Alabama Preneed
			 Funeral and Cemetery Act of 2023,
Code of Ala. 1975
,
			 §§
								34-13-170 to -277
			 (2023).
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-27.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-8 - GENERAL PURPOSE, SCOPE, AUTHORITY, AND DEFINITIONS › Section 395-X-8-.03 - Severability And Effective Date

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If any rule or portion of a rule or its
			 applicability to any person or circumstance is held invalid by a court, the
			 remainder of Rule 395-X-8, 395-X-9, 395-X-10, 395-X-11, and 395-X-12 or the
			 applicability of the provision to other persons or circumstances shall not be
			 affected.
(2) Rule 395-X-8,
			 395-X-9, 395-X-10, 395-X-11, and 395-X-12 shall become effective on the first
			 date eligible in accordance with the provisions of the Administrative
			 Procedures Act.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-27.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-9 - PRENEED CONTRACTS AND CERTIFICATE OF AUTHORITY › Section 395-X-9-.01 - Preneed Contract - Defined

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For purposes of this Chapter, a preneed
			 contract is a written contract:
(a) entered
			 into on a preneed basis (before the death of the contract purchaser or
			 beneficiary);
(b) under which the
			 purchaser pays or agrees to pay to the seller, before need and in whole or
			 part, a purchase price for funeral merchandise and services or cemetery
			 merchandise and services; and
(c)
			 the seller's responsibility to deliver the contracted-for merchandise or
			 perform the services, in whole or in part, is deferred until
			 need.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-9 - PRENEED CONTRACTS AND CERTIFICATE OF AUTHORITY › Section 395-X-9-.02 - Sale Of "Return Of Mortal Remains" Plans

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For purposes of this Chapter, a "return
			 of a mortal remains plan" refers to a contract or agreement by whatever title
			 or name, sold in conjunction with a preneed contract, in which a third party
			 provider other than the preneed contract seller agrees, in exchange for a cost
			 paid by or for the plan beneficiary, to cause transportation of the decedent's
			 remains in the event the decedent dies outside the scope of any radius clause
			 or geographical limitation expressed in a preneed contract for funeral or
			 cemetery merchandise or services. The plan may or may not:
(a) be a "membership"-type
			 arrangement;
(b) provide that the
			 agreement provider will arrange and pay for services actually provided by
			 others;
(c) provide that the
			 agreement provider will directly perform services; or
(d) include services like embalming or other
			 body preparation and merchandise such as a shipping container.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-9 - PRENEED CONTRACTS AND CERTIFICATE OF AUTHORITY › Section 395-X-9-.03 - Preneed Contract - Filing And Approval

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A preneed contract must be on a written
			 or preprinted contract form, approved by the Board, that is completely filled
			 in and signed by the purchaser and the preneed seller.
(2) Preneed contract forms, including forms
			 based on templates supplied by the Board, shall be filed for approval with the
			 Board, in a format and manner prescribed by the Board, and the forms approved
			 before use. A filed contract form may be used beginning thirty (30) days after
			 its filing date unless the Board has disapproved its use during the 30-day
			 period. Any revisions to a preneed contract form must be filed with and
			 approved by the Board prior to use. Revisions required as a result of this
			 Chapter shall be filed within sixty (60) days of the effective date of this
			 Chapter.
(3) In order to be
			 approved by the Board, a preneed contract form must adhere to the minimum
			 requirements set forth in Rules 395-X-9-.04 and 395-X-9-.05, as
			 applicable.
(4) It shall be the
			 responsibility of the Certificate of Authority holder to maintain proof of
			 approval of any preneed contract form(s) used by the Certificate of Authority
			 holder.
(5) Nothing in this section
			 shall prohibit a trust or insurance company from filing a contract for approval
			 on behalf of the certificate holder.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-27,
				  34-13-170 to -277.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-9 - PRENEED CONTRACTS AND CERTIFICATE OF AUTHORITY › Section 395-X-9-.05 - Preneed Contract - Minimum Requirements - Cemetery Providers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) On or after
			 January 1, 2015, a preneed contract for cemetery merchandise and services must
			 have, at a minimum, the following required disclosures:
(a) A thirty (30) day refund provision in the
			 event of a cancellation. In the event of a cancellation prior to thirty (30)
			 days for contracts funded by trust, letter of credit or surety bond, purchaser
			 shall be entitled to a complete refund of the amount paid. The contract shall
			 further provide that the purchaser is entitled to a refund of all money paid on
			 the contract in the event of a breach of contract by the seller.
(b) A disclosure as to which method of
			 funding the seller is using to fund the preneed contract.
(c) If the seller's practice is to install
			 vaults or outer burial containers before need, the additional provisions
			 described in Rule 395-X-9-.06.
(d)
			 If merchandise and services are to be provided as complimentary or free of
			 charge, such merchandise and services must be itemized on the preneed contract
			 and noted as "no charge."
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-9 - PRENEED CONTRACTS AND CERTIFICATE OF AUTHORITY › Section 395-X-9-.07 - Certificate Of Authority - Required

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every preneed seller subject to the Act
			 must have a valid preneed certificate of authority to sell preneed contracts
			 and to collect payments for preneed contracts. Each branch affiliated with a
			 certificate holder must have a valid branch registration.
(2) The certificate of authority or branch
			 registration, as applicable, shall be prominently displayed in a public area of
			 the certificate holder's or branch registrant's facility. In the event a
			 certificate of authority or branch registration is surrendered, non-renewed,
			 suspended or revoked, the certificate or branch registration shall not be
			 displayed and must be returned to the Board.
(3) On or before July 1st of each year, every
			 certificate holder shall file an application for renewal which shall include
			 the certificate holder's annual statement and, if applicable, statement of
			 trust activities as required in Section
			 34-13-191(g).
(4) A certificate holder shall be subject to
			 a fine for each day after July 1 the certificate holder fails to file its
			 annual statement or, if applicable, statement of trust activities as provided
			 in Section
			 34-13-191(h). The
			 amount of the fine is set forth in Rule
			 395-X-2-.03.
(5) Upon notice to the certificate holder by
			 the Board of the failure of the certificate holder to file the annual statement
			 or, if applicable, statement of trust activities, the certificate holder's
			 authority to sell preneed contracts shall be suspended as provided in Section
			 34-13-191(h).
(6) A certificate of authority expires on
			 October 1 unless properly renewed as provided in this rule as provided in
			 Section 34-13-53 and
			 34-13-191(h).
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26, 34-16-27,
				  34-13-170 to -277.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-9 - PRENEED CONTRACTS AND CERTIFICATE OF AUTHORITY › Section 395-X-9-.08 - Certificate Of Authority - Financial Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An applicant for a preneed certificate of
			 authority must meet, and a certificate holder must maintain, the financial
			 requirements set forth in this Rule demonstrating its ability to discharge its
			 liabilities as they become due in the normal course of business, and must have
			 sufficient funds available to perform its obligations under its existing
			 preneed contracts.
(2) Unless
			 exempted under paragraph (8), a preneed seller must file with the Board a
			 financial statement in order to apply for a certificate of authority or renew
			 an existing certificate of authority. The financial statement shall, at the
			 preneed seller's option, be
(a) a financial
			 statement accompanied by a compilation, review or audit report from a licensed
			 certified public accountant prepared in conformity with GAAP, or
(b) a financial statement in the form
			 furnished by the Board and published on the Board's website using the alternate
			 basis of accounting described in paragraph (5).
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-9 - PRENEED CONTRACTS AND CERTIFICATE OF AUTHORITY › Section 395-X-9-.09 - Transfer Of Certificate Of Authority Or Branch Registration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A transaction
			 which has the effect of transferring a certificate of authority or branch
			 registration must be authorized by the Board prior to the closing of the
			 transaction. Without limitation, authorization is required for the sale of a
			 certificate of authority or branch registration, the sale of a certificate
			 holder's business or assets to the extent the transaction includes transfer of
			 the certificate of authority or branch registration, and sale of all or a
			 controlling interest in any business entity certificate holder or branch
			 registrant.
(2) Prior to the
			 closing of the transaction which will give rise to a transfer, the certificate
			 holder shall give notice of the proposed transaction in a form prescribed by
			 the Board and provide the following to the Board:
(a) A copy of any fully signed letter of
			 intent with any exhibits, attachments, or schedules referenced in the letter of
			 intent.
(b) A copy of the fully
			 signed purchase agreement or other form of contract which describes the terms
			 of the transaction which will result in a transfer with any exhibits,
			 attachments, or schedules referenced in the agreement or contract. Any such
			 purchase agreement or contract must be conditioned upon approval of the Board
			 to the transfer and must specifically address the parties' agreements
			 concerning performance of preneed contracts previously sold, but unperformed,
			 by the certificate holder. If the proposed transaction will result in a change
			 of ownership of the certificate holder, the agreement or contract must provide
			 that preneed contract holders will be notified in writing of the change of
			 ownership within ninety (90) days after the transfer is complete.
(c) If not otherwise addressed by the
			 purchase agreement or contract, evidence acceptable to the Board that all
			 required amounts have been deposited in trust and that the certificate holder's
			 interest in each trust will be conveyed to the purchaser or transferee as part
			 of the transaction without a diminution or pay out of trust assets or gain on
			 such assets to the transferring certificate holder or another as part of the
			 transaction.
(d) Any other
			 documentation requested by the Board of the seller or purchaser in order for
			 the Board to make a determination on the proposed transfer.
For sale or transfer of endowment care cemeteries, all payments
				required to be paid to the endowment care trust fund must be paid to date. The
				endowment care trust must continue to hold the trust funds after the sale or
				transfer. No funds held by the endowment care trust may be withdrawn as a
				result of a sale or transfer.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-9 - PRENEED CONTRACTS AND CERTIFICATE OF AUTHORITY › Section 395-X-9-.10 - Surrender Of Certificate Of Authority

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Surrender of a certificate of authority
			 must be accepted by the Board to be effective.
(2) The certificate holder shall give prior
			 notice of the surrender in a form prescribed by the Board and provide the
			 following to the Board:
(a) Copies of the
			 certificate holder's existing trust agreements if not already on file with the
			 Board.
(b) A sample copy of each
			 form of preneed contract sold.
(c)
			 The certificate holder's report of the status of all outstanding preneed
			 contracts sold current to the proposed time of the surrender.
(d) The trustee's report of the status of all
			 trusts current to the time of submission.
(e) The certificate of authority.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-9 - PRENEED CONTRACTS AND CERTIFICATE OF AUTHORITY › Section 395-X-9-.11 - Effect Of Certificate Surrender Or Other Inactivity

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For purposes of this Rule, "inactivity"
			 means surrender of a certificate of authority, expiration of a certificate due
			 to nonrenewal, or revocation of a certificate, and also includes assumed
			 inactivity due to the following circumstances:
(a) The certificate holder has ceased
			 transacting business, either in general, or with respect to the particular
			 business that is the subject of the certificate.
(b) The certificate holder has filed a
			 petition for relief under Chapter 7 of the United States Bankruptcy Code or a
			 bankruptcy court with jurisdiction has ordered relief according to said Chapter
			 7.
(c) If the certificate has been
			 suspended, the holder has failed to reinstate the certificate in the time set
			 forth in the order of suspension or, if not so addressed in the order, within
			 six months after the date of the order of suspension.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-9 - PRENEED CONTRACTS AND CERTIFICATE OF AUTHORITY › Section 395-X-9-.12 - Preneed Sales Agents

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each
			 employee or agent selling preneed contracts or who execute contracts on behalf
			 of a certificate holder must be registered by that certificate holder as a
			 preneed sales agent (PSA). To sell preneed contracts, every certificate holder
			 must have at least one PSA registered. The fee for issuing or renewing a
			 certificate of authority does not include payment for any PSA
			 registrations.
(2) Application for
			 registration shall be made on the form published on the Board's website. Each
			 PSA registration requires payment of a registration fee, which is to be paid
			 with the initial registration and annually thereafter. Each PSA registration
			 must be renewed annually. The fees for PSA initial registration and annual
			 renewal are set forth in Rule
			 395-X-2-.03.
(3) A PSA registration is not active if the
			 registrant is not affiliated with any certificate holder.
(4) An individual may be registered as a
			 preneed sales agent on behalf of more than one certificate holder if the
			 individual has received written consent of all certificate holders. The consent
			 must be filed with the application for PSA registration.
(5) The certificate holder shall notify the
			 Board within 30 days after a registered PSA's affiliation with a certificate
			 holder has terminated.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-27,
				  34-13-170 to -277.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-9 - PRENEED CONTRACTS AND CERTIFICATE OF AUTHORITY › Section 395-X-9-.13 - Response To Requests For Information; Effect Of Pending Administrative Action

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If
			 records, information, and/or a response are requested in writing of any
			 applicant for or holder of a preneed certificate of authority by any duly
			 appointed employee, examiner, or agent of the Board, the requested records,
			 information, or response shall be provided within ten (10) business days of
			 receipt of the request unless the request specifies another time not less than
			 ten (10) business days from receipt. A failure to timely respond to a request
			 shall be deemed a violation of this chapter unless the Board or the person
			 making the request grants an extension in writing or the applicant or
			 certificate holder can demonstrate to the satisfaction of the Board that there
			 is reasonable justification for failure to timely respond.
(2) If the Board has notified an applicant
			 for or holder of a preneed certificate of authority of any administrative
			 action, that action must be addressed and/or resolved to the Board's
			 satisfaction before the Board will:
(a) issue
			 a certificate of authority or branch registration,
(b) renew a certificate or branch
			 registration,
(c) approve a
			 proposed transfer of a certificate or branch registration, or
(d) enter an order of termination on an
			 application for voluntary surrender of a preneed certificate.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-10 - PRENEED EXAMINATIONS › Section 395-X-10-.01 - Examinations, Generally

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Board has the power to examine the books and records of any certificate holder
			 or endowment care cemetery operating in the State. Examination authority
			 extends to an endowment care cemetery irrespective of whether the cemetery
			 authority is also a preneed certificate holder.
(2) Prior to a routine Preneed Mini
			 Examination or Special Preneed examination, a questionnaire will be provided
			 for completion by an authorized representative of the certificate holder or
			 cemetery authority.
(3) Prior to a
			 Special Preneed examination, the certificate holder or cemetery authority will
			 be issued a call letter given notice of the examination and listing the types
			 of records that must be made available during the examination. Additional
			 records or information may be requested during the examination or at any time
			 before or after the examination.
(4) Any forms, reports or other documentation
			 in response to or part of the examination, examination report, or subsequent
			 corrective action report, shall be signed by an authorized representative of
			 the certificate holder or cemetery authority.
(5) Upon conclusion of an examination, the
			 certificate holder or cemetery authority will be provided an examination report
			 which specifies any deficiencies or violations found by the examiner. The Board
			 will schedule an exit conference to review the examination report and any
			 findings either as part of the examination or at a later time.
(6) If deficiencies or violations are found
			 during the exam, the examiner may give the COA holder a specific period of
			 time, to be set by the inspector, to correct the deficiencies or violations.
			 Following the duration of such period the COA holder may be reexamined. If the
			 same violations remain, the COA holder will be notified to appear before the
			 Board to answer charges of violating the state preneed law. If the examination
			 report specifies issues for correction, the certificate holder or cemetery
			 authority shall have twenty (20) days from the date of the report within which
			 to object to the issues identified in the report. Any objection to the
			 examination report must be in writing and specifically state the objections the
			 certificate holder or cemetery authority has to the findings of the
			 report.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-27,
				  34-13-170 to
				  34-13-277.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-11 - PRENEED CONTRACT FUNDING AND TRUSTS › Section 395-X-11-.01 - Funding Methods

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 following are available for use as the funding methods to defray the cost of
			 future performance of preneed contracts:
(a) A
			 funeral or cemetery merchandise and services trust.
(b) Life insurance or annuities sold in
			 conjunction with the preneed contract.
(c) A preneed seller's current revenues if
			 the seller has in force an approved surety bond.
(d) A preneed seller's current revenues if
			 the seller has in force an approved letter of credit.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-11 - PRENEED CONTRACT FUNDING AND TRUSTS › Section 395-X-11-.02 - Merchandise And Services Trusts

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A merchandise and services trust
			 agreement must be approved by the Board prior to use. The trust must be
			 irrevocable.
(2) On or after
			 January 1, 2015, funds collected for preneed funeral merchandise and services
			 contracts shall be trusted in a funeral merchandise and services trust. Funds
			 collected for preneed cemetery merchandise and services contracts shall be
			 trusted in a cemetery merchandise and services trust. Sellers that offer both
			 preneed funeral merchandise and services contracts and cemetery merchandise and
			 services contracts shall include caskets on the preneed funeral merchandise and
			 services contract form and trust accordingly as provided in this
			 Chapter.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-27,
				  34-13-170 to -277.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-11 - PRENEED CONTRACT FUNDING AND TRUSTS › Section 395-X-11-.03 - Funeral Merchandise And Services Trust - Deposits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person who is paid, collects or
			 receives funds under a preneed contract for funeral merchandise and services to
			 be funded by trust shall timely deposit in trust an amount determined as
			 follows:
(a) 75% of the amount collected on
			 the purchase price for all funeral services and funeral merchandise sold,
			 transportation and facilities rented, other than outer burial
			 containers.
(b) 60% of the amount
			 collected on the purchase price for outer burial containers.
(c) 110% of the wholesale cost of memorials
			 from the amount collected on the purchase price of memorials.
(d) 100% of the amount collected on the
			 purchase price for all cash advance items sold.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-11 - PRENEED CONTRACT FUNDING AND TRUSTS › Section 395-X-11-.04 - Funeral Merchandise And Services Trust - Administration, Withdrawals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At all times,
			 the certificate holder shall be able to determine the amount held in trust
			 attributable to each contract holder.
(2) For all contracts entered into on or
			 after January 1, 2015, the determination shall be based upon the fair market
			 value of the trust at the time of determination and the proportionate share of
			 the fair market value attributable to each contract holder.
(3) For all contracts in effect before
			 January 1, 2015, the valuation of each contract may be calculated using any
			 valuation method that had been approved by the Board.
(4)
(a) For
			 a withdrawal from the trust based on performance of a preneed contract, the
			 certificate holder must present valid proof of death to the trustee of the
			 trust. Such proof may take the following forms:
1. A copy of the published obituary;
			 or
2. A copy of the burial transit
			 permit; or
3. A working copy of the
			 death certificate or coroner's report.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-11 - PRENEED CONTRACT FUNDING AND TRUSTS › Section 395-X-11-.05 - Cemetery Merchandise And Services Trust - Deposits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person who is paid, collects or
			 receives funds under a cemetery preneed contract to be funded by trust shall
			 deposit in trust an amount as follows:
(a)
			 110% of wholesale cost for all cemetery merchandise.
(b) 60% of the purchase price specified in
			 the preneed contract for outer burial containers.
(c) 60% of the purchase price specified in
			 the preneed contract for cemetery services.
(d) 100% of the purchase price specified for
			 all cash advance items sold in the preneed contract.
(e) 75% of the purchase price for
			 caskets.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-11 - PRENEED CONTRACT FUNDING AND TRUSTS › Section 395-X-11-.06 - Use Of Surety Bond In Lieu Of Trusting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A surety bond may be used in lieu of
			 establishing and maintaining a merchandise and services trust. The surety bond,
			 its form, and amount must be approved by the Board prior to use and written
			 through an insurance company authorized to transact surety insurance in
			 Alabama.
(2) The amount of the
			 initial surety bond must be not less than the aggregate value of outstanding
			 liabilities on undelivered preneed contracts of the certificate holder as of
			 the end its last fiscal year. For purposes of determining the amount of the
			 surety bond, "outstanding liabilities" means the original retail amount of
			 services and cash advances and the actual cost to the certificate holder to
			 provide the undelivered merchandise sold on each contract written after April
			 30, 2002. The surety bond shall be in an amount sufficient to cover the
			 outstanding liability at the time each contract is executed.
(3) After initial approval, the amount of the
			 bond shall be increased or decreased as necessary to correlate with changes in
			 the outstanding liabilities for the previous calendar quarter and the projected
			 liability for the immediately following quarter.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-27,
				  34-13-170 to -277.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-11 - PRENEED CONTRACT FUNDING AND TRUSTS › Section 395-X-11-.07 - Use Of Letter Of Credit In Lieu Of Trusting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A letter of credit may be used in lieu of
			 establishing and maintaining a merchandise and services trust. The letter of
			 credit, its form, and amount must be approved by the Board prior to
			 use.
(2) The letter of credit must
			 be "evergreen," meaning it will not expire without an affirmative action by the
			 issuer of the letter of credit. The amount of the letter of credit shall be
			 determined in the same manner as indicated in Rule 395-X-11-.06 for the amount
			 of surety bonds.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-27,
				  34-13-170 to -277.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-11 - PRENEED CONTRACT FUNDING AND TRUSTS › Section 395-X-11-.08 - Pre-Act Trusts

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 preneed merchandise and services trust established for funds collected on
			 preneed contracts entered into prior to May 1, 2002, may not be merged with a
			 trust established for preneed contracts entered into on and after May 1, 2002,
			 without the express permission of the Board.
(2) To approve the merger of the trusts, the
			 Board must be satisfied that the minimum amounts required to be trusted under
			 the law have been trusted on the contracts entered into prior to the
			 law.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-27,
				  34-13-170 to -277.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-11 - PRENEED CONTRACT FUNDING AND TRUSTS › Section 395-X-11-.10 - Using Life Insurance Or Annuities To Fund A Preneed Contract For Funeral Or Cemetery Merchandise And Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The offering and sale of life insurance
			 or annuities intended to fund future performance of funeral or cemetery preneed
			 contracts must comply with all applicable sections of the Alabama insurance
			 code [Ala. Code Tit. 27] and applicable insurance regulations.
(2) Life insurance or annuities may only be
			 offered through insurance companies authorized by the Board to engage in the
			 business of life insurance in Alabama. All policy and related forms must have
			 been reviewed and approved by the Board prior to use.
(3) Except as provided in paragraph (4), any
			 registered preneed sales agent or other employee of a preneed provider who
			 engages in the solicitation, negotiation, or sale of an individual life
			 insurance policy or annuity contract must be actively licensed as an insurance
			 producer qualified in the life line and as to the type of annuity offered, and
			 must be properly appointed by the insurance company whose product is being
			 offered. A business entity certificate holder may hold a business entity
			 producer license, but at least one employee of that entity must hold an
			 individual producer license and be designated by the entity as the person
			 responsible for the entity's compliance with insurance laws. Appropriate
			 licensing and insurer appointment are required in order to receive payment of
			 commissions for the sale of life insurance or annuities.
(4) A registered preneed sale agent or other
			 employee of a preneed provider need not hold an insurance producer license if:
(a) The life insurance product being offered
			 is group life insurance;
(b) The
			 agent's or employee's insurance-related activity is strictly limited to
			 obtaining information needed to enroll a preneed contract beneficiary in a
			 group insurance plan or to issue that person a certificate of insurance under a
			 group insurance plan; and
(c) The
			 agent or employee is not paid a commission for the activity.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-11 - PRENEED CONTRACT FUNDING AND TRUSTS › Section 395-X-11-.11 - Investment In Life Insurance And Annuities By Preneed Funeral Merchandise And Services Trusts

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In
			 order for a funeral merchandise and service trust to invest in life insurance
			 and annuities as provided in
Code of Ala. 1975
, §
								34-13-232(d), the
			 trust agreement must include language that permits such investment by the
			 trustee. A preneed contract for which a trust invests in insurance policies or
			 annuities as allowed by
Code of Ala. 1975
, §
								34-13-232(d) is a
			 trust-funded contract for purposes of the Act and this Chapter.
(2) A trustee of a funeral merchandise and
			 services trust has a limited insurable interest in the life of a preneed
			 contract purchaser or a preneed contract beneficiary. The extent of the
			 insurable interest of the trustee is limited to the lesser of $20,000 or 100%
			 of the purchase price of the preneed contract.
(3) If so authorized by the trust agreement,
			 the trustee of a funeral merchandise and services trust may invest any portion
			 or all of the funds deposited in trust for preneed contracts in life insurance
			 contract or annuities issued on the lives of the preneed contract purchasers or
			 preneed contract beneficiaries if the following requirements are met:
(a) The insurer is properly licensed by the
			 Board and by the insurer's domiciliary jurisdiction.
(b) Prior to the investment, the insured or
			 annuitant consents, in writing, to the investment in a life insurance contract
			 or annuity on the person's life.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-12 - REQUIRED FUNERAL AND CEMETERY TRANSACTION RECORDS › Section 395-X-12-.01 - Records Availability

Current through Register Vol. 42, No. 9, June 28, 2024
Certificate holders selling preneed contracts for funeral and
				cemetery merchandise and services shall maintain accurate and up-to-date types
				of records specified in this Chapter in a manner so as to be readily
				retrievable and made available to the Board and his designees for examination
				or other purposes.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-27,
				  34-13-170 to -277.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-12 - REQUIRED FUNERAL AND CEMETERY TRANSACTION RECORDS › Section 395-X-12-.02 - Preneed Contract Log; Cemetery Property Sales Log - Required

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each
			 certificate holder selling funeral preneed contracts shall have and maintain a
			 preneed contract log that includes the information set forth in Rule
			 395-X-12-.03 for each preneed contract sold.
(2) Each certificate holder selling cemetery
			 preneed contracts shall have and maintain a cemetery property sales log that
			 includes the information set forth in Rule 395-X-12-.04 for each preneed
			 contract sold.
(3) Each certificate
			 holder offering both funeral and cemetery preneed contracts shall have and
			 maintain a preneed contract log and a cemetery property sales log.
(4) Each log must be formatted so that:
(a) The company name is on each page of the
			 log.
(b) Each page of the log is
			 sequentially numbered at the bottom.
(c) The log is typed or printed
			 legibly.
(d) If the log is not
			 being created using a computer spreadsheet, all contract items shall be
			 completed using black or blue ink, except the columns for the current payment
			 status, amount in trust, and cumulative amount in trust, may be written in
			 pencil until the contract is paid in full.
(e) The log can be copied and
			 scanned.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-12 - REQUIRED FUNERAL AND CEMETERY TRANSACTION RECORDS › Section 395-X-12-.03 - Preneed Contract Log - Required Content

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If the Board's sample log form is not
			 used, any substitute form of preneed contract log shall include the following
			 information categories:
(a) Sequentially
			 ordered contract number.
(b) Name
			 of purchaser.
(c) Name of
			 beneficiary (i.e., the person for whom the contract will cover at the time of
			 need).
(d) Date of
			 contract.
(e) Net amount of
			 contract (contract price after insurance credits and all discounts).
(f) Itemization of purchase price of
			 merchandise and services collected under the contract.
(g) Amount to be trusted (if
			 applicable).
(h) Type of payments
			 (paid-in-full or installments).
(i)
			 Cumulative amount trusted for merchandise and services as of the paid-in-full
			 date.
(j) Face amount of insurance
			 sold (if applicable).
(k)
			 Paid-in-full amount or cumulative installment payments.
(l) Partial delivery (yes/no).
(m) Date delivered.
(n) Date of burial (at need).
(o) Date contract voided or
			 cancelled.
(p) Last payment
			 date.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-12 - REQUIRED FUNERAL AND CEMETERY TRANSACTION RECORDS › Section 395-X-12-.04 - Cemetery Property Sales Log - Required Content

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If the Board's sample log form is not
			 used, any substitute form of cemetery property sales log shall include the
			 following information categories:
(a)
			 Sequentially ordered contract number.
(b) Property owner.
(c) Date of contract.
(d) Net amount of contract (contract price
			 after all discounts; if complimentary or free so designate on the
			 log).
(e) Itemization of purchase
			 price of merchandise and services collected under the contract.
(f) Amount to be trusted (if
			 applicable).
(g) Paid-in -full
			 amount or cumulative installment payments.
(h) Paid-in-full date.
(i) Cumulative amount due endowment care
			 trust.
(j) Cumulative amount of
			 endowment care contributions.
(k)
			 Date of endowment care contributions.
(l) Date of burial (at need).
(m) Date contract voided or
			 cancelled.
(n) Last payment
			 date.
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-12 - REQUIRED FUNERAL AND CEMETERY TRANSACTION RECORDS › Section 395-X-12-.05 - Additional Required Preneed Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A certificate holder shall maintain
			 detailed records for each preneed contract written. The detailed records shall
			 include, but not be limited to, a preneed contract file that includes all
			 supporting documentation, such as the preneed contract; copies of insurance
			 policies, annuity contracts or proof of deposits in trust; copies of any
			 documentation requesting or authorizing withdrawals from a merchandise and
			 services trust; notices of fulfillment and cancellation; and all correspondence
			 to and from the preneed entity to the purchaser including copies of default
			 notices or cancellation letters. The certificate holder must have available
			 this information on all preneed contracts sold since May 1, 2002.
(2) Funeral merchandise and services
			 certificate holders shall maintain the following:
(a) The preneed contract log required in
			 paragraph (1) of Rule 395-X-12.02.
(b) Preneed files and at-need
			 files.
(c) Monthly death reports.
			 (In lieu thereof, the Board will accept timely reporting of death certificates
			 so long as the Board maintains access to the EDRS system or any successor
			 thereto maintained by the Alabama Department of Public Health.)
(d) Funeral services log or list.
(e) Manual cash receipts for preneed and
			 at-need.
(f) Accounts
			 receivable.
(g) The current and
			 historical versions of the dated price lists of available services and
			 merchandise required by
Code of Ala. 1975
, §
									34-13-9 (2014).
(h) Advertising
(i) Bank records and statements.
(j) Cash disbursement records.
(k) Balance sheet and financial
			 records.
(l) Any changes in
			 ownership and control.
(m) All
			 wholesale price lists utilized.
(n)
			 For funeral merchandise and services trusts:
1. Quarterly trust statements.
2. Trust transmittal records.
3. Copy of merchandise and services trust
			 agreement.
(o) For
			 contracts secured under a surety bond:
1. The
			 bond(s).
2. Detailed bond
			 reports.
3. Wholesale price of
			 merchandise.
(p) For
			 contracts funded by life insurance or annuities:
1. Policy transaction status
			 reports
Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-12 - REQUIRED FUNERAL AND CEMETERY TRANSACTION RECORDS › Section 395-X-12-.06 - Required Endowment Care Cemetery Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In addition to statutory requirements,
			 endowment care cemeteries shall maintain the following records:
(a) Cemetery property sales log as required
			 in paragraph (2) of Rule 395-X-12-.02.
(b) At-need files.
(c) Interment log or list.
(d) Manual cash receipts.
(e) Plot maps and Cemetery rules and
			 regulations.
(f) Pre-construction
			 plans and sales.
(g) The current
			 and historical versions of the dated price lists of available burial services
			 and merchandise required by
Code of Ala. 1975
, §
									8-30-2 (2002).
(h) Advertising
(i) Bank records and statements.
(j) Cash disbursement records.
(k) Balance sheet and financial
			 records.
(l) Stored preneed
			 merchandise.
(m) Any changes in
			 ownership and control.
(n)
			 Endowment care trust fund board members, if applicable.
(o) Bond records or exemption notice from the
			 Board, if applicable.
(p) Quarterly
			 trust statements.
(q) Trust
			 transmittals.
(r) Copy of endowment
			 care trust agreement(s).
Alabama Administrative Code › Title 400 - STATE OIL AND GAS BOARD OF ALABAMA › GOVERNING ONSHORE LANDS OPERATIONS › Chapter 400-1-1 - GENERAL › Section 400-1-1-.01 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
The following rules and regulations shall govern onshore
				  lands operations. These rules apply to all lands within the territorial
				  jurisdiction of the State, except those lands in Mobile Bay and coastal areas
				  of Baldw in and Mobile Counties overlain by water. However, the rules governing
				  onshore lands operations do not apply to coalbed methane gas operations. Wells
				  drilled from surface locations in submerged offshore lands to onshore bottom
				  hole locations shall be permitted, drilled, completed, and plugged pursuant to
				  offshore rules and regulations, but shall be spaced on a spacing unit in
				  accordance with onshore rules and regulations. Wells drilled from onshore
				  surface locations to bottom hole locations in submerged offshore lands shall be
				  permitted, drilled, completed, and plugged pursuant to onshore rules, but shall
				  be spaced in accordance with the offshore rules. The Supervisor may require
				  notice and hearing on any permit application in which the operator requests
				  approval to drill a well from a surface location in submerged offshore lands to
				  an onshore bottom hole location or from an onshore surface location to a bottom
				  hole location underlying submerged offshore lands.
Author:
Marvin Rogers
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-17-1,
et
seq
.
Alabama Administrative Code › Title 400 - STATE OIL AND GAS BOARD OF ALABAMA › GOVERNING ONSHORE LANDS OPERATIONS › Chapter 400-1-1 - GENERAL › Section 400-1-1-.02 - Application Of Other Rules

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the rules and regulations governing onshore
				  lands operations set forth in Rule
				  400-1-1-.01,
et
				  seq
., the following rules and regulations shall apply to onshore
				  lands operations:
(1) Rules and
				Regulations of the State Oil and Gas Board of Alabama Governing Class II
				Underground Injection Control Operations, Rule
				400-4-1-.01,
et
				seq
., and
(2) Rules
				and Regulations of the State Oil and Gas Board of Alabama Governing Practice
				and Procedure and Forced Integration or Forced Pooling, Rule
				400-7-1-.01,
et
				seq
.
Author:
State Oil and Gas Board
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-17-1,
et
seq
.
Alabama Administrative Code › Title 400 - STATE OIL AND GAS BOARD OF ALABAMA › GOVERNING ONSHORE LANDS OPERATIONS › Chapter 400-1-1 - GENERAL › Section 400-1-1-.03 - Repealed Rules, Special Field Rules, And Orders

Current through Register Vol. 42, No. 9, June 28, 2024
All rules and regulations governing the conservation of oil
				  and gas in Alabama which have been heretofore promulgated by the Board under
				  the authority of Act No. 1, approved May 22, 1945, General Act of Alabama,
				  Regular Session 1945, are hereby repealed, rescinded, and superseded by these
				  rules and regulations; provided, however, no special field rules or other
				  orders of the Board are so repealed, rescinded, or superseded. Special field
				  rules and orders will be issued when required and shall prevail over these
				  rules and regulations, where in conflict therewith.
Author:
State Oil and Gas
				  Board
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-17-1,
et
seq
.
Alabama Administrative Code › Title 400 - STATE OIL AND GAS BOARD OF ALABAMA › GOVERNING ONSHORE LANDS OPERATIONS › Chapter 400-1-1 - GENERAL › Section 400-1-1-.04 - Authority

Current through Register Vol. 42, No. 9, June 28, 2024
Rules, regulations, special field rules, orders, changes,
				  renewals, or extensions thereof, shall be adopted in accordance with the
				  requirements of Section
				  9-17-1
et
				  seq
. of the
Code of Ala. 1975
.
Author: State Oil and Gas
				  Board
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-17-1,
et
seq
.