No. 30359: R156-9. Funeral Service Licensing Act Rules

DAR File No.: 30359
Filed: 10/15/2007, 09:07
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

During a 09/20/2007 rule hearing, it was brought to the attention of the division and the Funeral Service Board that some wording was accidentally deleted that needed to remain in the rule.

Summary of the rule or change:

In Subsection R156-9-605(2), originally deleted wording is being added back in to the rule. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the September 15, 2007, issue of the Utah State Bulletin, on page 5. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

Section 58-9-504 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The division has determined there are no additional costs or savings beyond those identified in the original proposed rule amendment filing as a result of this change in proposed rule.

local governments:

The proposed amendment does not apply to local governments; therefore, no costs or savings are anticipated. The proposed amendments only apply to licensed funeral service establishments, funeral service directors, funeral service interns, and preneed funeral arrangement sales agents and applicants for licensure in those classifications.

small businesses and persons other than businesses:

The division has determined there are no additional costs or savings beyond those identified in the original proposed rule amendment filing as a result of this change in proposed rule.

Compliance costs for affected persons:

The division has determined there are no additional costs or savings beyond those identified in the original proposed rule amendment filing as a result of this change in proposed rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

This change to proposed rule replaces a provision inadvertently removed in the initial proposed rule change. Thus, no fiscal impact to businesses is anticipated. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/03/2007

This rule may become effective on:

12/10/2007

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-9. Funeral Service Licensing Act Rules.

 

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R156-9-605. Licensure of Persons Selling Preneed Funeral Arrangements to be Funded by Proceeds from Insurance or Annuity Policy.

(1) Any person who sells or represents that they will or intend to sell specific funeral goods or services, represents that goods or services will be provided by a specific funeral establishment, represents that specified amount of money will purchase defined funeral goods or services, or represents that payment for those goods or services to be provided at some future date shall be accomplished through the purchase of a life insurance policy or annuity policy, is engaged in the sale of a preneed funeral arrangement and is required to be licensed as a funeral service establishment or sales agent.

(2) Any person who sells or represents that they will or intend to sell an insurance or annuity policy which will provide a certain benefit at time of death, represents that such benefit will be available to pay for funeral arrangements and no reference is made to specific funeral goods or services, to the cost of specific funeral goods or services, or to the services of a specific funeral service establishment, is not engaged in the sale of a preneed funeral arrangement and is not required to be licensed as a funeral service establishment or preneed sales agent.

(3) Nothing in this section shall be interpreted to affect or modify any requirement under state law regarding licensure of persons engaged in the sale of insurance or annuity policies.

 

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KEY: funeral industries, licensing, funeral directors, preneed funeral arrangements

Date of Enactment or Last Substantive Amendment: 2007

Notice of Continuation: October 31, 2006

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504