Authority: IC 25-15-9-8; IC 30-2-13-34

Affected: IC 30-2

Sec. 3. (a) Requests for restitution from the preneed consumer protection fund shall be subject to the review and approval of the board. The board has complete discretion to allow or reject the requests for restitution in whole or in part.

(b) Requests for restitution from the preneed consumer protection fund must be in writing and on a form prescribed by the board. The following documentation shall be submitted with the request to the board:

1. (1) A copy of the original preneed contract.
2. (2) Documentation, such as canceled checks or payment receipts, verifying the total funds paid to the seller on the contract and demonstrating that applicant for restitution has not defaulted on the contract.
3. (3) Documentation showing that the seller is incapable or has failed to provide the services or merchandise on a preneed contract.
4. (4) Documentation concerning efforts to obtain reimbursement from the seller, insurance companies, trustees, escrow agent, or others.
5. (5) Documentation of amounts recovered from any source in partial payment of the loss.

(c) The board has the right to review, investigate, or request additional documentation in order to determine the validity and correct amount of restitution, if any, to be paid.

(State Board of Funeral and Cemetery Service; 832 IAC 8-1-3; filed Mar 11, 2013, 2:50 p.m.: 20130410-IR-832120198FRA; readopted filed Nov 27, 2019, 3:13 p.m.: 20191225-IR-832190184RFA)