West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Annual
				report" means the report required to be filed with the Department under the
				provisions of W. Va. Code '47-14-3
				and section 3 of this rule.
2.2.
				"Burial goods" means all goods supplied in regard to burial, entombment in a
				mausoleum, or inurnment in a columbarium, but does not include those services
				performed by a cemetery when acting only as a cemetery, or the sale by any
				person of cemetery lots, land, or interests therein, services incidental
				thereto, or the sale by any person of markers, memorials, monuments, equipment,
				crypts, urns, burial vaults, or vaults constructed or to be constructed in a
				mausoleum or columbarium. As used herein, "equipment" shall include only
				devices used to move, store or construct those other items specifically
				excluded from this definition. However, when any person, by the same contract,
				sells burial goods and other items or services excluded from this definition,
				such a contract shall be considered a "preneed funeral contract" within the
				meaning of this rule and W. Va. Code '47-14-1
				et seq.
2.3. "Funeral goods" means
				those items of merchandise sold or offered for sale directly to the public by
				any person which will be used in connection with a funeral or alternative for
				disposition of human remains, but does not include those services actually
				performed by a cemetery acting only as such, or in the sale by the cemetery of
				cemetery lots, land, or interest therein, services incidental thereto, or the
				sale by any person of markers, memorials, monuments, equipment, crypts, urns,
				burial vaults or vaults constructed or to be constructed in a mausoleum or
				columbarium. As used herein, "equipment" shall include only devices used to
				move, store or construct those other items specifically excluded from this
				definition. However, when any person, by the same contract, sells funeral goods
				and other items or services excluded from this definition, such a contract
				shall be considered a "preneed funeral contract" within the meaning of this
				rule and W. Va. Code '47-14-1
				et seq.
2.4. "Funeral services"
				means those services usually performed by a funeral service licensee,
				including, but not limited to, care and preparation of human remains and
				coordinating rites, ceremonies, and processions in connection with the
				disposition of human remains carried out at the request of any individual
				responsible for funeral and disposition arrangements. However, when any person,
				by the same contract, sells funeral services and other items or services
				excluded from this definition, such a contract shall be considered a "preneed
				funeral contract" within the meaning of this rule and chapter W. Va. Code
				'47-14-1
				et seq.
2.5. "Preneed funeral
				contract" means any contract, agreement, mutual understanding, series, or
				combination of contracts, agreements and mutual understandings, other than a
				contract of insurance, under which, for a specified consideration paid in
				advance of death in a lump sum or by installments, a person promises to furnish
				or make available or provide funeral services, funeral goods or burial goods
				for use at a time determinable by the death of the "contract beneficiary" who
				is either named or implied. The payment of money to a person who provides
				funeral goods or services or burial goods or who sells or makes available
				preneed funeral contracts, which payment is to be applied toward the eventual
				funeral or burial expenses of a "contract beneficiary," creates a preneed
				funeral contract even though no particular goods or services are selected or
				promised.
2.6. "Reporting year"
				means, for the 1987 reporting year, the period commencing on June 14, 1987, and
				ending at midnight on December 31, 1987; for the 1988 reporting year, the
				period commencing on January 1, 1988, and ending at midnight of August 31,
				1988; for all subsequent years, the twelve (12) month period commencing on
				September 1 and ending at midnight of August 31 in the following calendar
				year.
2.7. All other terms used in
				this rule shall be defined as those terms are defined in W. Va. Code
				'47-14-2.