Viewing an earlier, undated versionView current - (A) If a provider goes out of business or the provider's license issued by the State Board of Funeral Service is cancelled or the license to sell preneed funeral contracts is cancelled and application for a replacement license has not been filed, the provider shall within thirty days submit to the board a complete listing of names and addresses of all active contracts in its possession. The provider shall also notify all contract purchasers in writing that their contracts are to be transferred to another licensed provider of the purchaser's choice. The former licensee shall then transfer the contracts and notify the board of the providers selected within sixty days of the cancellation of the preneed license. All contracts funded by burial insurance or trust funds together with interest are to be transferred. The selling provider forfeits its right to any monies it otherwise would be entitled to. If the provider fails to provide for the transfer of contracts within sixty days, the purchasers may directly request the financial institution to transfer the account balance to another provider selected by the purchaser with payment jointly to the provider and its financial institution. The purchaser may also request that an insurance company assign another provider as beneficiary for the insurance policy.
- (B) The board has jurisdiction over the provider and the burial insurance policy or trust funds together with interest of all active contracts and has the authority to accomplish the necessary transfer of preneed funeral contracts in all cases in which the purchaser has failed to effectuate the transfer to a licensed provider within six months of the date the provider's license issued by the State Board of Funeral Service is cancelled or the license to sell preneed funeral contracts is cancelled and an application for a replacement license has not been filed.