Ala. Admin. Code r. 482-3-003-.15

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

Section 482-3-003-.15 - Examinations, Generally

(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 certificate holder.

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

(3) Prior to a routine 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 Department 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 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 or to respond with a corrective action plan to resolve 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. A corrective action plan must be in writing and be mutually agreed to by the Department and the certificate holder or cemetery authority. The failure of the preneed entity or endowment care cemetery to respond to issues identified in the examination report shall cause suspension of the certificate of authority until such time as an adequate response has occurred.

Ala. Admin. Code r. 482-3-003-.15

Adopted by Alabama Administrative Monthly Volume XXXIII, Issue No. 02, November 26, 2014, eff. 1/1/2015.

Author: Commissioner of Insurance

Statutory Authority:Code of Ala. 1975, §§ 27-2-17, 27-17A-1 to -57 (2014).