Sec 32-1391.14. Prearranged funeral salespersons; registration requirements; renewal; exemption  


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  • A. Except for funeral directors designated to sell prearranged funerals pursuant to section 32-1391.12, a person employed or otherwise engaged by a funeral establishment to solicit, offer or sell prearranged funeral agreements funded by trust shall apply to the board for registration. The board shall issue the registration if the applicant satisfies the following requirements:

    1. Pays the prescribed application fee pursuant to section 32-1309.

    2. Provides the applicant's full name and current address, a recent photograph, any prior names or aliases, all prior addresses for the immediately preceding seven year period and the date and location of the applicant's birth.

    3. Declares that the applicant has not been convicted of any felony or convicted of any other crime involving dishonesty, fraud, deception, misrepresentation, embezzlement or breach of fiduciary duty in any state or federal court within the seven year period immediately preceding the date of application.

    4. Declares that the applicant has not been the subject of a consumer fraud, securities fraud or civil racketeering judgment or consent order in any state or federal court within the seven year period immediately preceding the date of application.

    5. Provides satisfactory evidence of employment or engagement or of an offer of employment or engagement by a funeral establishment holding a prearranged funeral sales endorsement issued pursuant to this article.

    6. Achieves a written score of at least seventy-five on a written examination conducted by the board on the provisions of this chapter and the rules adopted pursuant to this chapter.

    7. As each applicant is registered by the board, the funeral establishment shall show evidence that the bond required under section 32-1391.12 has been increased by five thousand dollars for the applicant.

    8. Submits a completed fingerprint card and the prescribed fingerprint background check fee to the board.

    9. Provides any other relevant information reasonably required by the board.

    B. Except as provided in section 32-4301, a prearranged funeral sales registration shall be renewed annually by the prearranged funeral salesperson by payment of the prescribed renewal fee pursuant to section 32-1309 and by compliance with the requirements described in subsection A, paragraphs 2, 3, 4, 5, 7 and 8 of this section on or before July 31.

    C. Failure to pay the renewal fee by July 31 voids the registration. A registration voided under this subsection may be reinstated upon payment of the prescribed renewal and reinstatement fees.

    D. No person licensed by the board as a funeral director or embalmer is required to take the examination required by subsection A, paragraph 6 of this section.