Alabama Administrative Code

(1) On or after January 1, 2015, a preneed contract for funeral merchandise and services must have, at a minimum, the following required disclosures: (a) A thirty (30) day refund provision in the event of a cancellation. In the event of a cancellation prior to thirty (30) days th…

(1) On or after January 1, 2015, a preneed contract for cemetery merchandise and services must have, at a minimum, the following required disclosures: (a) A thirty (30) day refund provision in the event of a cancellation. In the event of a cancellation prior to thirty (30) days f…

(1) The sale of a vault or outer burial container on a preneed basis is a preneed contract even if the contract provides for installation of the vault or outer burial container before need. (2) On or after January 1, 2015, where a provider's practice is to install vaults or outer…

(1) Every preneed seller subject to the Act must have a valid preneed certificate of authority to sell preneed contracts and to collect payments for preneed contracts. Each branch affiliated with a certificate holder must have a valid branch registration. (2) The certificate of a…

(1) An applicant for a preneed certificate of authority must meet, and a certificate holder must maintain, the financial requirements set forth in this Rule demonstrating its ability to discharge its liabilities as they become due in the normal course of business, and must have s…

(1) A transaction which has the effect of transferring a certificate of authority or branch registration must be authorized by the Commissioner prior to the closing of the transaction. Without limitation, authorization is required for the sale of a certificate of authority or bra…

(1) Surrender of a certificate of authority must be accepted by the Commissioner to be effective. (2) The certificate holder shall give prior notice of the surrender in a form prescribed by the Commissioner and provide the following to the Commissioner: (a) Copies of the certific…

(1) For purposes of this Rule, "inactivity" means surrender of a certificate of authority, lapse of a certificate due to non-renewal, or revocation of a certificate, and also includes assumed inactivity due to the following circumstances: (a) The certificate holder has ceased tra…

(1) Each employee or agent selling preneed contracts or who execute contracts on behalf of a certificate holder must be registered by that certificate holder as a preneed sales agent (PSA). To sell preneed contracts, every certificate holder must have at least one PSA registered.…

(1) The Commissioner has the power to examine the books and records of any certificate holder or endowment care cemetery operating in the State. Examination authority extends to an endowment care cemetery irrespective of whether the cemetery authority is also a preneed certificat…

(1) If records, information, and/or a response are requested in writing of any applicant for or holder of a preneed certificate of authority by any duly appointed employee, examiner, or agent of the Commissioner, the requested records, information, or response shall be provided w…

(1) The provisions of this Chapter are severable. If any portion of this Chapter or the application of a provision to any person or circumstance is held invalid, the remainder of this Chapter, or the application of the provision to a person or persons or circumstances other than …

(1) The following are available for use as the funding methods to defray the cost of future performance of preneed contracts: (a) A funeral or cemetery merchandise and services trust. (b) Life insurance or annuities sold in conjunction with the preneed contract. (c) A preneed sel…

(1) A merchandise and services trust agreement must be approved by the Commissioner prior to use. The trust must be irrevocable. (2) On or after January 1, 2015, funds collected for preneed funeral merchandise and services contracts shall be trusted in a funeral merchandise and s…

(1) Any person who is paid, collects or receives funds under a preneed contract for funeral merchandise and services to be funded by trust shall timely deposit in trust an amount determined as follows: (a) 75% of the amount collected on the purchase price for all funeral services…

(1) At all times, the certificate holder shall be able to determine the amount held in trust attributable to each contract holder. (2) For all contracts entered into on or after January 1, 2015, the determination shall be based upon the fair market value of the trust at the time …

(1) Any person who is paid, collects or receives funds under a cemetery preneed contract to be funded by trust shall deposit in trust an amount as follows: (a) 110% of wholesale cost for all cemetery merchandise. (b) 60% of the purchase price specified in the preneed contract for…

(1) A surety bond may be used in lieu of establishing and maintaining a merchandise and services trust. The surety bond, its form, and amount must be approved by the Commissioner prior to use and written through an insurance company authorized to transact surety insurance in Alab…

(1) A letter of credit may be used in lieu of establishing and maintaining a merchandise and services trust. The letter of credit, its form, and amount must be approved by the Commissioner prior to use. (2) The letter of credit must be "evergreen," meaning it will not expire with…

(1) A preneed merchandise and services trust established for funds collected on preneed contracts entered into prior to May 1, 2002, may not be merged with a trust established for preneed contracts entered into on and after May 1, 2002, without the express permission of the Commi…

(1) Each endowment care cemetery must establish and maintain an irrevocable trust known as an endowment care fund irrespective of whether the cemetery authority holds a certificate of authority to sell preneed contracts. Each cemetery authority that operated an endowment care cem…

(1) The offering and sale of life insurance or annuities intended to fund future performance of funeral or cemetery preneed contracts must comply with all applicable sections of the Alabama insurance code [Ala. Code Tit. 27] and applicable insurance regulations. (2) Life insuranc…

(1) In order for a funeral merchandise and service trust to invest in life insurance and annuities as provided in Code of Ala. 1975, § 27-17A-32(d) (2014), the trust agreement must include language that permits such investment by the trustee. A preneed contract for which a trust …

(1) The provisions of this Chapter are severable. If any portion of this Chapter or the application of a provision to any person or circumstance is held invalid, the remainder of this Chapter, or the application of the provision to a person or persons or circumstances other than …

(1) This chapter is adopted pursuant to Section 27-2-17 and 27-17A-1 to -57 (2014), Code of Ala. 1975. (2) This Chapter sets forth rules, standards and requirements relating to funding methods for preneed contracts for funeral and cemetery merchandise and services and operation o…

(1) This Chapter is adopted pursuant to Code of Ala. 1975, §§ 27-2-17 and 27-17A-1 to -57 (2014). (2) This Chapter sets forth rules, standards and requirements relating to record keeping by preneed certificate holders and cemetery authorities operating endowment care cemeteries u…

Certificate holders selling preneed contracts for funeral and cemetery merchandise and services shall maintain accurate and up-to-date types of records specified in this Chapter in a manner so as to be readily retrievable and made available to the Commissioner and his designees f…

(1) Each certificate holder selling funeral preneed contracts shall have and maintain a preneed contract log that includes the information set forth in Rule 482-3-005-.04 for each preneed contract sold. (2) Each certificate holder selling cemetery preneed contracts shall have and…

If the Department's sample log form is not used, any substitute form of preneed contract log shall include the following information categories: (a) Sequentially ordered contract number. (b) Name of purchaser. (c) Date of contract. (d) Net amount of contract (contract price after…

If the Department's sample log form is not used, any substitute form of cemetery property sales log shall include the following information categories: (a) Sequentially ordered contract number. (b) Property owner. (c) Date of contract. (d) Net amount of contract (contract price a…

(1) A certificate holder shall maintain detailed records for each preneed contract written. The detailed records shall include, but not be limited to, a preneed contract file that includes all supporting documentation, such as the preneed contract; copies of insurance policies, a…

In addition to statutory requirements, endowment care cemeteries shall maintain the following records: (a) Cemetery property sales log as required in paragraph (2) of Rule 482-3-005-.03. (b) At-need files. (c) Interment log or list. (d) Manual cash receipts. (e) Plot maps/cemeter…

(1) The provisions of this Chapter are severable. If any portion of this Chapter or the application of a provision to any person or circumstance is held invalid, the remainder of this Chapter, or the application of the provision to a person or persons or circumstances other than …

The name of this board shall be the "Alabama Board for Registered Interior Designers", herein referred to as the "board." Notes Ala. Admin. Code r. 485-X-1-.01 New Rule: Filed September 15, 2000; effective October 20, 2000. Amended: Filed May 6, 2002; effective June 10, 2002. Rep…

(1) Certificate of Registration: the title of the license issued by the board to an applicant who has qualified under Chapter 15C, Title 34 of the Code of Alabama 1975. (2) Registered Interior Designer: an interior design professional, as defined by the NCIDQ, who is approved and…

(1) The board shall consist of seven members appointed by the Governor of the State of Alabama as provided by the Alabama Interior Design Registration Act.(a) One (1) board member shall be appointed from each of the five districts created in Section 34-15C-4(e)(1) and shall be re…

All board appointees shall file a Statement of Economic Interests as required by Code of Alabama, Section 36-25-14 by April 30 of each year and covering the period of the preceding calendar year in which an appointment was active. Forms and instructions may be obtained from the w…

(1) The purpose of the Statewide Nominating Committee is to provide to the Governor informational packets on individuals recommended by the nominating committee for board appointments. (2) The statewide nominating committee members shall be selected in district nomination meeting…

(1) District nomination meetings are to be called every (4) four years, or as needed to fill vacancies, in each of the five districts as comprised in Section 34-15C-4(e)(1) for the purpose of selecting the Statewide Nominating Committee members. (a) District nomination meetings s…

(1) Public notice and conduct of all board and committee meetings shall be in accordance with the Alabama Open Meetings Act. Violations of the Open Meetings Act may result in civil actions with monetary penalties of up to $1000 on each member of the board for each violation, temp…

The board shall elect officers from current board members annually and at least 60 days prior to the beginning of the next term. If elections do not occur prior to the end of an officer's term, the previous officer shall serve until a new officer is elected. A vacancy in an offic…

(1) Each board member and committee member, while in service to the state, shall receive the same per diem, travel, and expense allowance as is paid by law to state employees for the time spent in the performance of his or her duties and in necessary travel. (2) Board members and…

(1) The board shall establish fees that are adequate to ensure the continued operation of the board and to recover costs incurred by the Board for the administration of Chapter 15C, Title 34 of the Code of Ala. 1975. (2) All fees received by the board shall be deposited into a fu…

(1) The board shall maintain a roster of all registered interior designers, which shall be made available to the public and shall be posted on the web site of the Board. (2) The board shall publish other materials as needed to conduct board business, such as rules and regulations…

(1) Public Records may be viewed only by appointment and by completing a request form detailing the record or records desired. A board member or employee must be present at all times to ensure integrity of the records and privacy protections. No original records may be removed fr…

The Board shall cause to be prepared, published and distributed the following printed matter: Roster; rules and regulations; copy of Code of Ala. 1975, §34-15B; applications, guidelines, and forms as approved by the Board; and other printed matter. These materials shall be availa…

The Board shall maintain membership with NCIDQ. The Board shall cooperate with NCIDQ in furnishing information and rendering other assistance to aid in establishing uniform standards of professional qualification throughout the United States. Author: Alabama State Board of Regist…

(1) The Chairman may appoint a full-time or part-time executive director or administrative assistant to the Board, with the consent of the majority of the members of the Board. The executive director or administrative assistant shall serve at the pleasure of the Board. The execut…

The Board shall prepare and revise a "Code of Professional Conduct": which shall be published annually with the roster. It shall contain definitions, guidelines, business practice and other related information that pertains to interior design in the state of Alabama. Author: Alab…

The Board shall review these rules and regulations as necessary and make changes or amendments in accordance with Alabama state law by a majority vote of the Board. Any item not covered above shall be determined by the Board members at a scheduled Board meeting. Author: Alabama S…