N.J. Admin. Code § 13:36-11.16

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:36-11.16 - Preneed ledgers of active prepaid funeral agreements and preneed funeral arrangements; maintenance of records of prepaid agreements and preneed arrangements; compilation of preneed ledger; biennial registration

(a) Every provider shall maintain in his, her or its registered mortuary, in a single identifiable and accessible location, a ledger of all active prepaid funeral arrangements (the "Preneed Ledger"), provided, however, that any provider who operates more than one registered mortuary may keep all preneed ledgers so maintained in one location.

(b) The Preneed Ledger may be kept manually or electronically.

(c) The Preneed Ledger shall contain current data and shall be revised and updated at least once per month. The Preneed Ledger shall, at a minimum, contain:

1. The name and address of each purchaser, and if different, the name and address of each intended funeral recipient;

2. The amount of moneys prepaid, including any periodic payments made by the purchaser and the dates of each payment;

3. An identification of the agreement as revocable or irrevocable;

4. The value and balance of each prepaid funeral trust fund or value of each funeral insurance policy, as of the most recent transaction, annual statement or accounting; and

5. The location of all prepaid funds, including:

i. The number of any bank account;

ii. The location of any passbook;

iii. The name of any insurance company receiving funds in payment for a funeral insurance policy; and

iv. The policy number, when available.

(d) All other records of prepaid funeral agreements, including statements of goods and services in connection therewith and any other writings or notifications, which are required to be made by this subchapter or by the preneed statutes, shall be maintained in a single identifiable and accessible location in the registered mortuary where such prepaid funeral agreements were made.

(e) The records of prepaid funeral agreements referred to in (d) above shall accurately reflect:

1. The amount of refunds, if any, including the name and address of the recipient of the refund and the amount thereof;

2. Any assignment or transfer of prepaid funeral agreements to any other registered mortuaries prior to the time of need, including the name of the receiving mortuaries and the dates of said transfers;

3. The death of an intended funeral recipient, including:

i. The date of death;

ii. The cost of the at need funeral arrangement;

iii. The original and any revised preneed Statement of Funeral Goods and Services Selected, and the at need Statement of Funeral Goods and Services Selected;

iv. The amount of refund or additional cost if any; and

v. The name of any person receiving a refund or paying any additional moneys.

(f) The Preneed Ledger of active prepaid funeral agreements required pursuant to (a) above shall be maintained continuously for as long as the mortuary remains in business, regardless of changes in registration, ownership, managers, deaths of licensees, transfers to new locations or bankruptcy. There shall be no deletions of active prepaid funeral agreements from the Preneed Ledger for any reason other than mistaken entries. When a mistaken entry is corrected, the correction shall include the date of said correction.

(g) All other records made and maintained pursuant to (d) above shall be retained for a period of seven years from the date of death of the intended funeral recipient, or the transfer, assignment, or refund of the prepaid funds, or the revocation of the preneed funeral arrangement.

(h) All records required to be maintained by this section shall be made available by the provider to any authorized representative of the Division of Consumer Affairs and, upon request or as required by this subchapter, to the Board and its Executive Director.

(i) The provider shall certify in the biennial renewal application of all registered mortuaries that all records maintained pursuant to this section are in existence and are available for inspection.

N.J. Admin. Code § 13:36-11.16

Amended by 51 N.J.R. 880(b), effective 6/3/2019