Ala. Admin. Code r. 395-X-10-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 395-X-10-.01 - Examinations, Generally

(1) The Board 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 certificate holder.

(2) Prior to a routine Preneed Mini Examination or Special Preneed examination, a questionnaire will be provided for completion by an authorized representative of the certificate holder or cemetery authority.

(3) Prior to a Special Preneed examination, the certificate holder or cemetery authority will be issued a call letter given notice of the examination and listing the types of records that must be made available during the examination. Additional records or information may be requested during the examination or at any time before or after the examination.

(4) Any forms, reports or other documentation in response to or part of the examination, examination report, or subsequent corrective action report, shall be signed by an authorized representative of the certificate holder or cemetery authority.

(5) Upon conclusion of an examination, the certificate holder or cemetery authority will be provided an examination report which specifies any deficiencies or violations found by the examiner. The Board will schedule an exit conference to review the examination report and any findings either as part of the examination or at a later time.

(6) If deficiencies or violations are found during the exam, the examiner may give the COA holder a specific period of time, to be set by the inspector, to correct the deficiencies or violations. Following the duration of such period the COA holder may be reexamined. If the same violations remain, the COA holder will be notified to appear before the Board to answer charges of violating the state preneed law. If the examination report specifies issues for correction, the certificate holder or cemetery authority shall have twenty (20) days from the date of the report within which to object to the issues identified in the report. Any objection to the examination report must be in writing and specifically state the objections the certificate holder or cemetery authority has to the findings of the report.

Ala. Admin. Code r. 395-X-10-.01

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 06, March 29, 2024, eff. 5/13/2024.

Author: Charles M. Perine

Statutory Authority:Code of Ala. 1975, §§ 34-13-26, 34-13-27, 34-13-170 to 34-13-277.