99 chapters · 1,384 sections in this title.
N.D.C.C. § 43-10.1-01 Definitions
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As used in this chapter: 1. "Cemetery association" means any person owning, conducting, or maintaining a cemetery or plot for the burial of dead human bodies. 2. "Cemetery merchandise" means all service or property to be used in funeral services or burials other than professional…
N.D.C.C. § 43-10.1-02 Pre-need funeral service contracts
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A person may not engage in the sale or execution of a pre-need funeral service contract unless that person is the operator, agent, employee, or manager of a licensed funeral establishment or cemetery association. As part of the sale of a pre-need funeral service contract, the sel…
N.D.C.C. § 43-10.1-03 Annual report filed with commissioner
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On or before January thirty-first of each year, the owner or manager of each cemetery association or licensed funeral establishment that has entered into any pre-need funeral service contracts during the preceding calendar year shall file a report covering the period of the prece…
N.D.C.C. § 43-10.1-04 Bond
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Each owner or operator of a licensed funeral establishment or cemetery association, who files an annual report, must file with the commissioner a corporate surety bond approved by the commissioner in an amount deemed adequate by the commissioner running to the state of North Dako…
N.D.C.C. § 43-10.1-05 Verification by commissioner
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Within ninety days after the filing of a report as required by section 43-10.1-03, the commissioner shall verify the report by mailing to the banks, credit unions, savings and loan associations, or trust companies where the report indicates the consideration has been deposited, a…
N.D.C.C. § 43-10.1-06 Special audits - Violations of law
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Repealed by S.L. 1979, ch. 463, § 7.
N.D.C.C. § 43-10.1-06.1 Fraudulent practices
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It is a fraudulent practice and it is unlawful: 1. For any person knowingly to subscribe to, or make or cause to be made, any material false statement or representation in any report or other document or statement required to be filed under any provision of this chapter, or to om…
N.D.C.C. § 43-10.1-06.2 Orders and injunctions
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Whenever it appears to the commissioner either upon complaint or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this chapter or by any order of the commissioner issued pursuant to any s…
N.D.C.C. § 43-10.1-06.3 Investigations and subpoenas
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1. The commissioner in the commissioner's discretion: a. May make such public or private investigation within or outside this state as the commissioner deems necessary to determine whether any person has violated or is about to violate any provision of this chapter or any rule or…
N.D.C.C. § 43-10.1-07 Prosecution for violations of law
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The commissioner may refer any evidence available concerning a violation of this chapter or of any rule or order issued under this chapter to the appropriate criminal prosecutor who, with or without the reference, may institute criminal proceedings under this chapter. The crimina…
N.D.C.C. § 43-10.1-07.1 Administration
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The commissioner has the power to promulgate rules and regulations having the force and effect of law, reasonably necessary to carry out the provisions of this chapter, in accordance with chapter 28-32. Any hearing held and any orders issued pursuant to this chapter must be in ac…
N.D.C.C. § 43-10.1-07.2 Statute of limitations
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No action may be brought under this chapter by the commissioner after five years from the date that the commissioner knew or reasonably should have known about the facts that are the basis for the alleged violation. This section does not apply to section 43-10.1-06.1.
N.D.C.C. § 43-10.1-08 Penalties
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1. Any person who willfully violates any provision of this chapter or any rule or order of the commissioner under this chapter is guilty of a class B felony. 2. An information must be filed or an indictment must be found under this chapter within five years after the commissioner…