The Commissioner may deem a cemetery company, or any cemetery operator, to have violated the rules of professional conduct for:

1. (1) Failing to perform legal obligations under any contract with a purchaser;
2. (2) Negligently failing to protect the safety, health and welfare of the public in the performance of the registrant’s professional duties;
3. (3) Providing any false or misleading statement on any reports submitted to the Commissioner;
4. (4) Selling or offering to sell any contract in violation of the Tennessee Pre-paid Funeral Benefits Act [Tenn. Code Ann. §§ 62-5-401 et seq.];
5. (5) Failing to submit payment within the time provided by a written notice from Burial Services assessing a fee pursuant to statute or rule;
6. (6) Failing to respond within the time specified in any notice from Burial Services, provided, however, that the director may grant a request for extension submitted within the period of time stated in the original notice; or

7. (7) Treating members of the public in an unreasonable manner that, under the circumstances, falls below the standard of professional cemetery operators. Such treatment includes, but is not limited to:

   1. (a) Abusive, aggressive, hostile, or disrespectful conduct; or
   2. (b) Being unresponsive to a member of the public for an unreasonable period of time without justification, such as: not returning phone calls, not answering inquiries, or leaving a member of the public unattended.

Authority: T.C.A. §§ 46-1-206(c), 46-1-301(b), 46-1-306(a)(7), and 62-5-401, et seq. Administrative History: Original rule filed November 14, 2014; effective February 12, 2015.