2005 Nevada Revised Statutes - Chapter 689 — Funeral and Burial Services

CHAPTER 689 - FUNERAL AND BURIAL SERVICES

GENERAL PROVISIONS

NRS 689.015 Definitions.

NRS 689.035 Agentdefined.

NRS 689.045 Buyerdefined.

NRS 689.065 Netpurchase price defined.

NRS 689.105 Purchaseprice defined.

NRS 689.115 Salescommission defined.

NRS 689.125 Sellerdefined.

NRS 689.135 Trustfund defined.

NRS 689.137 Trustliability defined.

NRS 689.145 Trusteedefined.

FUNERAL SERVICES

NRS 689.150 Definitions.

NRS 689.155 Applicability.

NRS 689.160 Applicabilityof other provisions to agents and sellers.

NRS 689.165 Certificateof authority and compliance with provisions required.

NRS 689.175 Certificateof authority: Application and supporting documents; fee.

NRS 689.185 Certificateof authority: Surety bond.

NRS 689.195 Certificateof authority: Issuance; denial.

NRS 689.205 Certificateof authority: Expiration; renewal; fee for renewal.

NRS 689.215 Certificateof authority: Revocation; suspension.

NRS 689.225 Agentslicense required; exception; administrative fine.

NRS 689.235 Agentslicense: Qualifications; application; fee. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 689.235 Agentslicense: Qualifications; application; fee. [Effective on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 689.245 Agentslicense: Issuance; denial.

NRS 689.255 Agentslicense: Expiration; renewal; fee for renewal; validity. [Effective until thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 689.255 Agentslicense: Expiration; renewal; fee for renewal; validity. [Effective on the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 689.258 Paymentof child support: Statement by applicant for agents license; grounds fordenial of agents license; duty of Commissioner. [Expires by limitation on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 689.262 Suspensionof agents license for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of agents license. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 689.265 Agentslicense: Revocation; suspension.

NRS 689.275 Prepaidcontracts: Content; entire agreement; rescission.

NRS 689.285 Prepaidcontracts: Approval and disapproval of forms.

NRS 689.295 Prepaidcontracts: Credit life insurance.

NRS 689.305 Prepaidcontracts: Maximum sales commission.

NRS 689.315 Prepaidcontracts: Maintenance and administration of trust fund.

NRS 689.325 Prepaidcontracts: Distributions to seller from trust fund; financial reports oftrustee.

NRS 689.345 Prepaidcontracts: Net purchase price to be available on termination by buyer, estateor heirs.

NRS 689.355 Prepaidcontracts: Termination by buyer.

NRS 689.365 Prepaidcontracts: Termination on insolvency or other inability of seller to perform;distribution of money in trust fund.

NRS 689.375 Recordsof seller; examination by Commissioner.

BURIAL AND CEMETERY SERVICES

NRS 689.450 Definitions.

NRS 689.455 Burialmerchandise defined.

NRS 689.460 Burialservices defined.

NRS 689.465 Cemeteryauthority defined.

NRS 689.470 Performerdefined.

NRS 689.475 Prepaidcontract defined.

NRS 689.480 Applicability.

NRS 689.485 Sellerspermit required; exception; administrative fine.

NRS 689.490 Permit:Application and supporting documents; fee.

NRS 689.495 Permit:Surety bond required.

NRS 689.500 Permit:Issuance; denial.

NRS 689.505 Permit:Expiration; renewal; fee for renewal.

NRS 689.510 Permit:Revocation; suspension.

NRS 689.515 Agentslicense required; exception; administrative fine.

NRS 689.520 Agentslicense: Qualifications; application; fee. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 689.520 Agentslicense: Qualifications; application; fee. [Effective on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 689.525 Agentslicense: Issuance; denial.

NRS 689.530 Agentslicense: Expiration; renewal; fee for renewal; validity. [Effective until thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 689.530 Agentslicense: Expiration; renewal; fee for renewal; validity. [Effective on the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 689.535 Agentslicense: Revocation; suspension.

NRS 689.540 Prepaidcontracts: Content; entire agreement; rescission.

NRS 689.545 Prepaidcontracts: Approval and disapproval of forms.

NRS 689.550 Prepaidcontracts: Credit life insurance.

NRS 689.555 Prepaidcontracts: Maximum sales commission.

NRS 689.560 Prepaidcontracts: Maintenance and administration of trust fund.

NRS 689.565 Prepaidcontracts: Distributions to seller from trust fund; financial reports oftrustee.

NRS 689.570 Prepaidcontracts: Distributions from corpus of trust fund.

NRS 689.575 Prepaidcontracts: Termination by buyer.

NRS 689.580 Prepaidcontracts: Termination on insolvency or other inability of seller to perform;distribution of money in trust fund.

NRS 689.585 Recordsof seller; examination by Commissioner.

NRS 689.590 Exemptionof person maintaining cemetery but not operating as cemetery on July 5, 1971.

NRS 689.595 Applicabilityof other provisions to agents and sellers.

MISCELLANEOUS PROVISIONS

NRS 689.700 Moneyin trust fund exempt from attachment and other process.

NRS 689.715 Preneedsales agreement to be provided to person entitled to custody of remains;penalty.

NRS 689.720 Regulations.

NRS 689.730 Penalties.

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GENERAL PROVISIONS

NRS 689.015 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS689.035 to 689.145, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1971, 1393; A 1987, 1260; 1991, 2203)

NRS 689.035 Agentdefined. Agent means an individualauthorized by a seller to offer, sell or solicit the purchase of a prepaidcontract on behalf of the seller.

(Added to NRS by 1971, 1393)

NRS 689.045 Buyerdefined. Buyer means the purchaser of aprepaid contract.

(Added to NRS by 1971, 1393)

NRS 689.065 Netpurchase price defined. Net purchase pricemeans the purchase price, including interest earned on the trust fundsattributable to the buyer, remaining after deduction of the sales commission.

(Added to NRS by 1971, 1394; A 2001, 2216)

NRS 689.105 Purchaseprice defined. Purchase price means the aggregateamount to be paid by a buyer to a seller for a prepaid contract.

(Added to NRS by 1971, 1394; A 1987, 1260)

NRS 689.115 Salescommission defined. Sales commission meansthat portion of the purchase price paid to or retained by the seller ascompensation in connection with the sale of a prepaid contract.

(Added to NRS by 1971, 1394)

NRS 689.125 Sellerdefined. Seller means any person selling aprepaid contract.

(Added to NRS by 1971, 1394)

NRS 689.135 Trustfund defined. Trust fund means a fundcontaining any money deposited with a trustee by a seller with respect to aprepaid contract.

(Added to NRS by 1971, 1394; A 1987, 1260)

NRS 689.137 Trustliability defined. Trust liability means100 percent of the purchase price after deducting commissions.

(Added to NRS by 1991, 2203; A 1993, 2616)

NRS 689.145 Trusteedefined. Trustee means:

1. A state or national bank;

2. A trust company;

3. A federally insured savings and loan association;or

4. A credit union insured by the National Credit UnionShare Insurance Fund or by a private insurer approved pursuant to NRS 678.755,

authorizedto transact such business in the State of Nevada and designated as the trusteeof the trust fund in a prepaid contract.

(Added to NRS by 1971, 1394; A 1999, 1550)

FUNERAL SERVICES

NRS 689.150 Definitions. As used in NRS 689.150to 689.375, inclusive, unless thecontext otherwise requires:

1. Funeral service or services means those servicesperformed normally by funeral directors or funeral or mortuary parlors andincludes their sales of supplies and equipment for burial. The term includescremations and crematory services. The term does not include services performedby a cemetery or the sale by a cemetery of services, interests in land,markers, memorials, monuments or merchandise and equipment in relation to thecemetery or the sale of crypts or niches constructed or to be constructed in amausoleum or columbarium or otherwise on the property of a cemetery.

2. Performer means any person designated in aprepaid contract to furnish the funeral services, supplies and equipmentcovered by the contract on the demise of the beneficiary.

3. Prepaid contract means any contract under which,for a specified consideration paid in advance in a lump sum or by installments,a person promises either before or upon the death of a beneficiary named in orotherwise ascertainable from the contract to furnish funeral services andmerchandise. The term does not include a contract of insurance or anyinstrument in writing whereby any charitable, religious, benevolent orfraternal benefit society, corporation, association, institution or organization,not having for its object or purpose pecuniary profit, promises or agrees toembalm, inter or otherwise dispose of the remains of any person, or to procureor pay the expenses, or any part thereof, of embalming, interring or otherwisedisposing of the remains of any person.

(Added to NRS by 1987, 1251; A 1993, 2616)

NRS 689.155 Applicability.

1. It is unlawful for any person to receive, hold,control or manage money or proceeds received or derived from the sale of, orfrom a contract to sell, any personal property, merchandise, funeral suppliesor services of any description not already existing, available, deliverable andsuitable for use in, or for the performance of, any service before the finaldisposition of the remains of any deceased person, whether such payments aremade in lump sum or on an installment basis, before the demise of the personpurchasing them or the person for whose use and benefit they are purchased,unless the provisions of NRS 689.150 to 689.375, inclusive, are complied with.

2. The provisions of subsection 1 do not apply to abona fide prepaid agreement whereby a licensed mortuary or funeral home is tofurnish funeral services to a person who has a medically diagnosed terminalillness and which agreement is entered into and fully performed by the mortuaryor funeral home on a date which is within 60 days of the date medicallypredicted for the demise of the person.

(Added to NRS by 1971, 1394; A 1987, 1260)

NRS 689.160 Applicabilityof other provisions to agents and sellers.

1. The provisions of NRS 683A.341, 683A.451, 683A.461, 683A.480 and 686A.010 to 686A.310, inclusive, apply to agents andsellers.

2. For the purposes of subsection 1, unless thecontext requires that a section apply only to insurers, any reference in thosesections to insurer must be replaced by a reference to agent and seller.

3. The provisions of NRS 679B.230 to 679B.300, inclusive, apply to sellers.Unless the context requires that a provision apply only to insurers, anyreference in those sections to insurer must be replaced by a reference toseller.

(Added to NRS by 1985, 1075; A 1987, 1260; 2001, 2216)

NRS 689.165 Certificateof authority and compliance with provisions required. Aperson shall not sell any prepaid contract or accept any money under such acontract unless:

1. He holds a valid certificate of authority as aseller issued by the Commissioner; and

2. The contract and the sale thereof are in compliancewith the provisions of NRS 689.150 to 689.375, inclusive.

(Added to NRS by 1971, 1395; A 1985, 349; 1987, 1261)

NRS 689.175 Certificateof authority: Application and supporting documents; fee.

1. The proposed seller, or the appropriate corporateofficer of the proposed seller, shall apply in writing to the Commissioner fora sellers certificate of authority, showing:

(a) The proposed sellers name and address, and hisoccupations during the preceding 5 years;

(b) The name and address of the proposed trustee;

(c) The names and addresses of the proposed performers,specifying what particular services, supplies and equipment each performer isto furnish under the proposed prepaid contract; and

(d) Such other pertinent information as theCommissioner may reasonably require.

2. The application must be accompanied by:

(a) A copy of the proposed trust agreement and awritten statement signed by an authorized officer of the proposed trustee tothe effect that the proposed trustee understands the nature of the proposedtrust fund and accepts it;

(b) A copy of each contract or understanding, existingor proposed, between the seller and performers relating to the proposed prepaidcontract or items to be supplied under it;

(c) A certified copy of the articles of incorporationand the bylaws of any corporate applicant;

(d) A copy of any other document relating to theproposed seller, trustee, trust, performer or prepaid contract, as required bythe Commissioner;

(e) A complete set of his fingerprints and writtenpermission authorizing the Commissioner to forward those fingerprints to theCentral Repository for Nevada Records of Criminal History for submission to theFederal Bureau of Investigation for its report;

(f) A fee representing the amount charged by theFederal Bureau of Investigation for processing the fingerprints of theapplicant; and

(g) The applicable fee established in NRS 680B.010, which is not refundable.

(Added to NRS by 1971, 1395; A 1987, 464, 1261; 2003, 2868)

NRS 689.185 Certificateof authority: Surety bond.

1. Before the issuance of a certificate of authority,the seller shall post with the Commissioner and thereafter maintain in force abond in the principal sum of $50,000 issued by an authorized corporate suretyin favor of the State of Nevada, or a deposit of cash or negotiable securitiesor a combination of cash and negotiable securities. If a deposit is made inlieu of a bond, the deposit must at all times have a market value of not lessthan the amount of the bond required by the Commissioner.

2. The bond or deposit must be held for the benefit ofbuyers of prepaid contracts, and other persons as their interests may appear,who may be damaged by misuse or diversion of money by the seller or his agents,or to satisfy any judgments against the seller for failure to perform a prepaidcontract. The aggregate liability of the surety for all breaches of theconditions of the bond must not exceed the sum of the bond. The surety on thebond has the right to cancel the bond upon giving 30 days notice to theCommissioner and thereafter is relieved of liability for any breach ofcondition occurring after the effective date of the cancellation.

3. The Commissioner shall release the bond or depositafter the seller has ceased doing business as such and the Commissioner issatisfied of the nonexistence of any obligation or liability of the seller forwhich the bond or deposit was held.

(Added to NRS by 1971, 1395; A 1987, 1262)

NRS 689.195 Certificateof authority: Issuance; denial.

1. If the Commissioner finds that the application iscomplete and the applicant otherwise qualifies under the provisions of NRS 689.150 to 689.375, inclusive, he shall issue asellers certificate of authority to the applicant.

2. The Commissioner shall refuse to issue a sellerscertificate of authority to any applicant who does not comply with or otherwisemeet the requirements of NRS 689.150 to 689.375, inclusive. Upon such refusal, theCommissioner shall give written notice thereof to the applicant, setting forththe reasons for his refusal.

(Added to NRS by 1971, 1396; A 1987, 1263)

NRS 689.205 Certificateof authority: Expiration; renewal; fee for renewal.

1. Each sellers certificate of authority issuedpursuant to NRS 689.150 to 689.375, inclusive, expires at midnight onApril 30 of the third year following its date of issuance or renewal.

2. The Commissioner shall renew a certificate ofauthority upon receiving a written request for renewal from the seller,accompanied by the applicable fee for renewal, which is not refundable, if hefinds that the seller is, at that time, in compliance with all applicableprovisions of NRS 689.150 to 689.375, inclusive.

3. The Commissioner may accept a request for renewalreceived by him within 30 days after the expiration of the certificate if therequest is accompanied by a fee for renewal of 150 percent of the fee otherwiserequired.

(Added to NRS by 1971, 1396; A 1987, 464, 1263)

NRS 689.215 Certificateof authority: Revocation; suspension.

1. After giving written notice of charges to theseller, not less than 30 days in advance of a hearing, the Commissioner may,after the hearing, revoke the sellers certificate of authority if the seller:

(a) Obtained his certificate of authority throughmisrepresentation or concealment of a material fact;

(b) Is no longer qualified for such a certificate ofauthority; or

(c) Knowingly violates any provision of NRS 689.150 to 689.375, inclusive, or any lawful order orregulation of the Commissioner.

2. If a seller is found to be in violation of paragraph(c) of subsection 1, the Commissioner may, in lieu of revocation, suspend hissellers certificate of authority for a period not to exceed 90 days.

(Added to NRS by 1971, 1396; A 1977, 99; 1987, 1263)

NRS 689.225 Agentslicense required; exception; administrative fine.

1. It is unlawful for any person to solicit the saleof a prepaid contract in this state on behalf of a seller unless he holds avalid agents license issued by the Commissioner.

2. This section does not apply to a seller who holds avalid sellers certificate of authority.

3. A person who solicits the sale of a prepaidcontract in this state without a license is subject to an administrative fineof not more than $1,000 for each violation.

(Added to NRS by 1971, 1396; A 1987, 1263; 2001, 2216)

NRS 689.235 Agentslicense: Qualifications; application; fee. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. To qualify for an agents license, the applicant:

(a) Must file a written application with theCommissioner on forms prescribed by the Commissioner;

(b) Must have a good business and personal reputation;and

(c) Must not have been convicted of, or entered a pleaof guilty or nolo contendere to, forgery, embezzlement, obtaining money underfalse pretenses, larceny, extortion, conspiracy to defraud or any crimeinvolving moral turpitude.

2. The application must:

(a) Contain information concerning the applicantsidentity, address, social security number and personal background and business,professional or work history.

(b) Contain such other pertinent information as theCommissioner may require.

(c) Be accompanied by a complete set of thefingerprints of the applicant and written permission authorizing theCommissioner to forward those fingerprints to the Central Repository for NevadaRecords of Criminal History for submission to the Federal Bureau ofInvestigation for its report.

(d) Be accompanied by a fee representing the amountcharged by the Federal Bureau of Investigation for processing the fingerprintsof the applicant.

(e) Be accompanied by the statement required pursuantto NRS 689.258.

(f) Be accompanied by the applicable fee established inNRS 680B.010, which is not refundable.

3. A conviction of, or plea of guilty or nolocontendere by, an applicant or licensee for any crime listed in paragraph (c)of subsection 1 is a sufficient ground for the Commissioner to deny a licenseto the applicant, or to suspend or revoke the agents license pursuant to NRS 689.265.

(Added to NRS by 1971, 1397; A 1981, 1807; 1987,1263; 1997, 2199, 3033; 1999,520; 2003, 2868)

NRS 689.235 Agents license: Qualifications;application; fee. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. To qualify for an agents license, the applicant:

(a) Must file a written application with the Commissioneron forms prescribed by the Commissioner;

(b) Must have a good business and personal reputation;and

(c) Must not have been convicted of, or entered a pleaof guilty or nolo contendere to, forgery, embezzlement, obtaining money underfalse pretenses, larceny, extortion, conspiracy to defraud or any crimeinvolving moral turpitude.

2. The application must:

(a) Contain information concerning the applicantsidentity, address, personal background and business, professional or workhistory.

(b) Contain such other pertinent information as theCommissioner may require.

(c) Be accompanied by a complete set of hisfingerprints and written permission authorizing the Commissioner to forwardthose fingerprints to the Central Repository for Nevada Records of CriminalHistory for submission to the Federal Bureau of Investigation for its report.

(d) Be accompanied by a fee representing the amountcharged by the Federal Bureau of Investigation for processing the fingerprintsof the applicant.

(e) Be accompanied by the applicable fee established inNRS 680B.010, which is not refundable.

3. A conviction of, or plea of guilty or nolocontendere by, an applicant or licensee for any crime listed in paragraph (c)of subsection 1 is a sufficient ground for the Commissioner to deny a licenseto the applicant, or to suspend or revoke the agents license pursuant to NRS 689.265.

(Added to NRS by 1971, 1397; A 1981, 1807; 1987,1263; 1997, 2199, 3033; 2003, 2868,effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings)

NRS 689.245 Agentslicense: Issuance; denial.

1. If the Commissioner finds that the application iscomplete and the applicant meets the requirements of NRS 689.235 after an investigation not toexceed 30 days, he shall issue at the request of the holder of a valid sellerscertificate of authority an agents license to the applicant.

2. If the license is denied the Commissioner shallimmediately notify the applicant and the seller whom the applicant was torepresent setting forth the reasons for the denial.

(Added to NRS by 1971, 1397; A 1987, 1264)

NRS 689.255 Agentslicense: Expiration; renewal; fee for renewal; validity. [Effective until thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. Each agents license issued pursuant to NRS 689.150 to 689.375, inclusive, continues in force for3 years unless it is suspended, revoked or otherwise terminated.

2. An agents license may be renewed at the request ofthe holder of a valid sellers certificate of authority, upon filing a writtenrequest for renewal accompanied by the required fee for renewal and the statementrequired pursuant to NRS 689.258. Thefee for renewal is nonrefundable.

3. Any license not so renewed expires at midnight onthe last day of the month specified for its renewal. The Commissioner mayaccept a request for renewal received by him within 30 days after theexpiration of the license if the request is accompanied by a fee for renewal of150 percent of the fee otherwise required and the statement required pursuantto NRS 689.258.

4. An agents license is valid only while the agent isemployed by a holder of a valid sellers certificate of authority.

(Added to NRS by 1971, 1397; A 1981, 1807; 1987, 465,1264; 1997, 2199)

NRS 689.255 Agents license: Expiration; renewal;fee for renewal; validity. [Effective on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. Each agents license issued pursuant to NRS 689.150 to 689.375, inclusive, continues in force for3 years unless it is suspended, revoked or otherwise terminated.

2. An agents license may be renewed at the request ofthe holder of a valid sellers certificate of authority, upon filing a writtenrequest for renewal accompanied by the required fee for renewal, which is nonrefundable.

3. Any license not so renewed expires at midnight onthe last day of the month specified for its renewal. The Commissioner mayaccept a request for renewal received by him within 30 days after theexpiration of the license if the request is accompanied by a fee for renewal of150 percent of the fee otherwise required.

4. An agents license is valid only while the agent isemployed by a holder of a valid sellers certificate of authority.

(Added to NRS by 1971, 1397; A 1981, 1807; 1987, 465,1264; 1997, 2199, effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings)

NRS 689.258 Paymentof child support: Statement by applicant for agents license; grounds fordenial of agents license; duty of Commissioner. [Expires by limitation on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. An applicantfor the issuance or renewal of an agents license pursuant to this chaptershall submit to the Commissioner the statement prescribed by the Division ofWelfare and Supportive Services of the Department of Health and Human Servicespursuant to NRS 425.520. The statementmust be completed and signed by the applicant.

2. The Commissioner shall include the statementrequired pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Commissioner.

3. An agents license may not be issued or renewed bythe Commissioner pursuant to this chapter if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Commissioner shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added to NRS by 1997, 2198)

NRS 689.262 Suspensionof agents license for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of agents license. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If theCommissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for thesuspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who is the holder of an agentslicense issued pursuant to this chapter, the Commissioner shall deem the licenseissued to that person to be suspended at the end of the 30th day after the dateon which the court order was issued unless the Commissioner receives a letterissued to the holder of the license by the district attorney or other publicagency pursuant to NRS 425.550 statingthat the holder of the license has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Commissioner shall reinstate an agents licenseissued pursuant to this chapter that has been suspended by a district courtpursuant to NRS 425.540 if theCommissioner receives a letter issued by the district attorney or other publicagency pursuant to NRS 425.550 to theperson whose license was suspended stating that the person whose license wassuspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2198)

NRS 689.265 Agentslicense: Revocation; suspension. TheCommissioner may proceed against an agents license in the same manner asprovided in NRS 689.215 if the agent:

1. Obtained his license through misrepresentation orconcealment of a material fact.

2. Is no longer qualified for such a license.

3. Knowingly violates any provision of NRS 689.150 to 689.375, inclusive, or any lawful order orregulation of the Commissioner.

(Added to NRS by 1971, 1397; A 1987, 1265)

NRS 689.275 Prepaidcontracts: Content; entire agreement; rescission.

1. All forms for a prepaid contract offered or sold inthis state must contain:

(a) The names and addresses of the seller, buyer,beneficiary and trustee and of each performer;

(b) A clear and unambiguous statement of the servicesand property to be supplied and by whom;

(c) The purchase price of each item of supply orservice and how payable;

(d) The date and place of execution;

(e) Other reasonable and appropriate provisions as prescribedby the Commissioner by regulation;

(f) The full percentage of the sales commission to beretained by the seller;

(g) The sellers or his agents signature on theoriginal contract and his identification by name and title on any duplicatecopy of the contract given to the buyer;

(h) A provision in 14-point type or larger, stating insubstance that the buyer is permitted to return the contract within 10 daysafter its delivery to the buyer and to have the full purchase price or amountpaid thereon refunded if the buyer is not satisfied with it for any reason;

(i) In print on its face sheet, in 14-point type orlarger, a notice stating, This is not an insurance contract.; and

(j) A provision for the return of the net purchaseprice at any time before the services are performed by the seller.

2. The written contract, when signed, constitutes theentire agreement between the parties relative to its subject matter.

3. If the buyer, pursuant to the provision required byparagraph (h) of subsection 1, returns the contract to the seller at his branchor home office or to the agent through whom it was purchased, the contract isvoid from the beginning and the parties return to the same position theyoccupied before the contract was entered into.

(Added to NRS by 1971, 1397; A 1987, 1265)

NRS 689.285 Prepaidcontracts: Approval and disapproval of forms.

1. A seller shall not offer, sell or deliver in thisstate any prepaid contract unless the form of the contract has been filed withand approved in writing by the Commissioner.

2. The Commissioner shall disapprove any form ofcontract which he finds:

(a) Printed or reproduced in such a manner as to besubstantially illegible in whole or in part;

(b) Contains ambiguous or misleading provisions,clauses or titles;

(c) Includes or combines in the prepaid contractprovisions for the purchase of a cemetery plot and incidental burial services;or

(d) Does not comply or is inconsistent with anyapplicable requirement of NRS 689.150 to689.375, inclusive, or for other goodcause shown.

3. No amendment or modification of any form may bemade unless the amendment or modification has been filed with and approved inwriting by the Commissioner.

4. Each filing is subject to a waiting period of up to30 days before it becomes effective.

5. Upon written application by the holder of asellers certificate of authority, the Commissioner may authorize a filingwhich he has reviewed to become effective before the expiration of the waitingperiod or any extension thereof.

6. A filing shall be deemed to meet the requirementsof NRS 689.150 to 689.375, inclusive, unless disapproved bythe Commissioner within the waiting period or any extension thereof.

(Added to NRS by 1971, 1398; A 1987, 1266)

NRS 689.295 Prepaidcontracts: Credit life insurance. If thepurchase price for a prepaid contract is to be paid in installments, the sellermay make available to the buyer credit life insurance on a form and terms filedwith and approved by the Commissioner. The buyer must be provided with acertificate of the credit insurance by the seller or as otherwise required bythe Commissioner.

(Added to NRS by 1971, 1398; A 1987, 1266)

NRS 689.305 Prepaidcontracts: Maximum sales commission. The salescommission on any prepaid contract shall not exceed 25 percent of the purchaseprice.

(Added to NRS by 1971, 1399)

NRS 689.315 Prepaidcontracts: Maintenance and administration of trust fund.

1. The seller shall establish and maintain a trustfund with an authorized trustee, for the benefit of the beneficiary of theprepaid contract, in accordance with the trust agreement filed with andapproved by the Commissioner.

2. The seller shall maintain unimpaired and shalldeposit in the trust fund, within 15 days after the end of the month in whichpayment was received, all installments received on prepaid contracts sold afterthe sales commission has been deducted.

3. The trustee shall, with respect to the money in thetrust fund, exercise the judgment and care under the circumstances thenprevailing which persons of prudence, discretion and intelligence exercise inthe management of their own affairs, not in regard to speculation, but inregard to the permanent disposition of their money, considering the probableincome as well as the probable safety of their capital. Within the limitationsof such standards, and subject to any express provision or limitation containedin any particular trust instrument, a trustee may acquire and retain every kindof investment, specifically including bonds, debentures and other corporateobligations and stocks, preferred or common, which persons of prudence,discretion and intelligence acquire or retain for their own account.

4. Except as otherwise provided in NRS 689.150 to 689.375, inclusive, or the trust agreementapproved in writing by the Commissioner or as may be required by an order of acourt of competent jurisdiction, the trustees shall maintain the trust fundintact and unimpaired and shall make no other payment or disbursement from thetrust fund.

(Added to NRS by 1971, 1399; A 1987, 1266; 1997,1626)

NRS 689.325 Prepaidcontracts: Distributions to seller from trust fund; financial reports oftrustee.

1. Not more than 75 percent of the earnings of suchinvestments, including capital gains, as they accrue and are received, may bedisbursed by the trustee to the seller or his designee. The remainder of anyearnings must be held by the trustee to establish a reserve for securitiesvaluation until the reserve equals 25 percent of the total trust liabilities.

2. The trustee shall maintain in the trust fund anamount of money equal to 125 percent of the total trust liabilities.

3. If money in the trust fund is invested orreinvested in:

(a) Securities which are issued or guaranteed by theUnited States of America;

(b) Bonds of this state or the bonds of any otherstate;

(c) Bonds of counties or municipalities of any state;

(d) Deposits in any bank, credit union or savings andloan association that is federally insured or insured by a private insurerapproved pursuant to NRS 678.755; or

(e) With the written approval of the Commissioner, anyinvestment which would have guaranteed liquidity,

then noearnings of those investments, including capital gains, if any, as suchearnings accrue and are received, may be disbursed by the trustee to the selleror his designee which would reduce the corpus of the trust fund below 100percent of the required value of the trust. Earnings in excess of 100 percentof the required value of the trust or 125 percent of the total trust liability,whichever is appropriate, may be distributed annually.

4. Earnings are defined as any sum remaining in thetrust fund after deducting costs of administration over and above 100 percentof the required value of the trust.

5. Every trustee handling money in a trust fundpursuant to NRS 689.150 to 689.375, inclusive, shall file with theCommissioner, within 15 days after the first day of each calendar quarter, afinancial statement showing the activity of all trusts required to bemaintained by any seller and the total market value of each trust as of thefirst day of the calendar quarter. The statement must be on forms prescribedand adopted by the Commissioner. Every quarterly report must be accompanied bya fee of $10. If the statement is not received by the Commissioner as required,he may, after giving the seller 10 days written notice, revoke the sellerscertificate of authority.

6. The trust must be valued quarterly and averagedannually to determine the total value of the trust. If the average market valueas of December 31 of each year is below 100 percent of the required value ofthe trust or 125 percent of the total trust liability, the Commissioner maysuspend the sellers certificate of authority until the deficiency is made up.

(Added to NRS by 1971, 1399; A 1987, 1267; 1999, 1551)

NRS 689.345 Prepaidcontracts: Net purchase price to be available on termination by buyer, estateor heirs. The net purchase price of thepreneed contract shall be available to the buyer or his estate or heirs at anytime prior to performing the service described in the preneed contract uponwritten notice to the seller and trustee of the intent of the buyer or hisestate or heirs to terminate the preneed contract and withdraw trust fundsattributable to the buyer.

(Added to NRS by 1971, 1400)

NRS 689.355 Prepaidcontracts: Termination by buyer.

1. Except as otherwise provided in subsection 2, ifthe buyer moves to another geographic area beyond the normal facilities of theseller and performers under the prepaid contract, the contract automaticallyterminates upon the buyers written notice to the seller and trustee of hismove and of his desire to terminate the contract. The trustee, as soon asreasonably possible after receipt of the notice, shall refund to the buyer allmoney in the trust fund, including earned interest, held for the buyersaccount.

2. If the contract continues in force and the buyer isnot in default thereunder, upon the demise of the contract beneficiary, thecontract automatically terminates. Upon termination, the seller shall refund tothe buyer or to his representative or estate, or transfer to a substitutedperformer, if any, all money paid on the contract.

(Added to NRS by 1971, 1400; A 1987, 1268; 2001, 2216)

NRS 689.365 Prepaidcontracts: Termination on insolvency or other inability of seller to perform;distribution of money in trust fund.

1. An executory prepaid contract automaticallyterminates if the seller or any performer under the contract goes out ofbusiness, dies, becomes insolvent or bankrupt, makes an assignment for thebenefit of creditors or is otherwise unable to fulfill the obligations underthe contract unless, within 30 days after the going out of business, death,insolvency or bankruptcy of the seller, or within any extension of time grantedby the Commissioner, the contract is assigned to a holder of a valid sellerscertificate of authority who agrees in writing to accept the liabilities underthe contract and agrees to fulfill all obligations set forth therein.

2. Upon any such termination, the money in the trustfund, including earned interest, held by the trustee for the account of thebuyer must be distributed by the trustee to the buyer or to a qualified selleror performer assuming the outstanding contractual liabilities, as authorized bythe Commissioner.

(Added to NRS by 1971, 1400; A 1987, 1268; 2001, 2216)

NRS 689.375 Recordsof seller; examination by Commissioner.

1. Every seller shall keep:

(a) Accurate accounts, books and records of alltransactions;

(b) Copies of all agreements and dates and amounts ofpayments made and accepted;

(c) The names and addresses of the contracting parties;and

(d) The persons for whose benefit the payments areaccepted and the names of the depositories in which the payments are deposited.

2. The seller shall keep within this State, at theaddress shown upon the certificate of authority, complete records of alltransactions made under his certificate of authority. Those records and theaffairs of the seller are subject to audit and examination by the Commissionerat any reasonable time. The seller shall keep such records for not less than 5years after the completion of all transactions to which they relate.

(Added to NRS by 1971, 1401; A 1987, 1269)

BURIAL AND CEMETERY SERVICES

NRS 689.450 Definitions. As used in NRS 689.450to 689.595, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 689.455 to 689.475, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1987, 1251)

NRS 689.455 Burialmerchandise defined. Burial merchandisemeans those items normally supplied by a cemetery authority under a preneedsales agreement, including urns, memorials, scrolls, vases, foundations, basesand other similar merchandise, but does not include the sale of space forinterment, entombment or inurnment.

(Added to NRS by 1987, 1251)

NRS 689.460 Burialservices defined. Burial services meansthose services normally performed by a cemetery authority under a preneed salesagreement for the opening and closing of graves, crypts and niches, and otherservices in relation thereto.

(Added to NRS by 1987, 1251)

NRS 689.465 Cemeteryauthority defined. Cemetery authority meansany natural person, partnership, corporation, association or cemetery districtowning or controlling lands or property for a cemetery and engaged in theoperation of a cemetery in this State which provides endowment care or sellsburial merchandise or services under prepaid contracts.

(Added to NRS by 1987, 1251; A 1993, 2617)

NRS 689.470 Performerdefined. Performer means any person designatedin the prepaid contract to furnish the burial merchandise and supplies and toperform the services covered by the contract, on the demise of the beneficiary.

(Added to NRS by 1987, 1251)

NRS 689.475 Prepaidcontract defined.

1. Prepaid contract means any contract under which,for a specified consideration paid in advance in a lump sum or by installments,a person promises, either before or upon the death of a beneficiary named in orotherwise ascertainable from the contract, to provide burial services and tofurnish adaptable or suitable personal property, merchandise, supplies orfacilities in connection with such services.

2. Prepaid contract does not include a contract ofinsurance or any instrument in writing whereby any charitable, religious,benevolent or fraternal benefit society, corporation, association, institutionor organization, not having for its object or purpose pecuniary profit,promises or agrees to embalm, inter or otherwise dispose of the remains of anyperson, or to procure or pay the expenses, or any part thereof, for embalming,interring or otherwise disposing of the remains of any person.

(Added to NRS by 1987, 1252)

NRS 689.480 Applicability.

1. It is unlawful for any person to receive, hold,control or manage money or proceeds received or derived from the sale of, orfrom a contract to sell, any personal property, equipment, merchandise orsupplies of any description not then already existing, available, deliverableand suitable for use in, or for the performance of, any services connected withthe interment, entombment or inurnment of the remains of any deceased person,whether any such payment is made in lump sum or on an installment basis, beforethe demise of the contract beneficiary for whom purchased, unless theprovisions of NRS 689.450 to 689.595, inclusive, are complied with.

2. The provisions of subsection 1 do not apply to:

(a) The sale of grave plots, interests in land of acemetery or space in a mausoleum vault or crypt or columbarium niche by anycemetery authority otherwise authorized to make such sales under NRS 689.450 to 689.595, inclusive, which sales must beseparated and distinctly defined in any agreement for burial merchandise andservices.

(b) A bona fide prepaid agreement whereby a cemeteryauthority is to furnish burial merchandise and services to a person who has amedically diagnosed terminal illness and which agreement is entered into andfully performed by the cemetery authority within 60 days of the date medicallypredicted for the demise of the beneficiary named in any such agreement.

(Added to NRS by 1987, 1252)

NRS 689.485 Sellerspermit required; exception; administrative fine.

1. It is unlawful for any cemetery authority, or anyperson on behalf of a cemetery authority, to offer or sell any burialmerchandise or services under a prepaid contract unless the cemetery authorityhas been issued a sellers permit by the Commissioner.

2. Subsection 1 does not apply to cemeteries owned andoperated by governmental agencies.

3. A person who offers or sells any burial merchandiseor services under a prepaid contract in this state in violation of theprovisions of this section is subject to an administrative fine of not morethan $1,000 for each violation.

(Added to NRS by 1987, 1252; A 1993, 2617; 2001, 2217)

NRS 689.490 Permit:Application and supporting documents; fee.

1. The proposed seller, or the appropriate corporateofficer of the seller, shall apply in writing to the Commissioner for asellers permit, showing:

(a) The proposed sellers name and address and hisoccupations during the preceding 5 years;

(b) The name and address of the proposed trustee;

(c) The names and addresses of the proposed performers,specifying what particular services, supplies and equipment each performer isto furnish under the proposed prepaid contract; and

(d) Such other pertinent information as theCommissioner may reasonably require.

2. The application must be accompanied by:

(a) A copy of the proposed trust agreement and awritten statement signed by an authorized officer of the proposed trustee tothe effect that the proposed trustee understands the nature of the proposedtrust fund and accepts it;

(b) A copy of each contract or understanding, existingor proposed, between the seller and performers relating to the proposed prepaidcontract or items to be supplied under it;

(c) A certified copy of the articles of incorporationand the bylaws of any corporate applicant;

(d) A copy of any other document relating to theproposed seller, trustee, trust, performer or prepaid contract, as required bythe Commissioner;

(e) A complete set of his fingerprints and writtenpermission authorizing the Commissioner to forward those fingerprints to theCentral Repository for Nevada Records of Criminal History for submission to theFederal Bureau of Investigation for its report;

(f) A fee representing the amount charged by theFederal Bureau of Investigation for processing the fingerprints of theapplicant; and

(g) The applicable fee established in NRS 680B.010, which is not refundable.

(Added NRS by 1987, 1252; A 1993, 2617; 2003, 2869)

NRS 689.495 Permit:Surety bond required.

1. Before the issuance of a permit to a seller, theseller shall post with the Commissioner and thereafter maintain in force a bondin the principal sum of $50,000 issued by an authorized corporate surety infavor of the State of Nevada, or a deposit of cash or negotiable securities ora combination of cash and negotiable securities. If a deposit is made in lieuof a bond, the deposit must at all times have a market value not less than theamount of the bond required by the Commissioner.

2. The bond or deposit must be held for the benefit ofbuyers of prepaid contracts, and other persons as their interests may appear,who may be damaged by misuse or diversion of money by the seller or his agents,or to satisfy any judgments against the seller for failure to perform a prepaidcontract. The aggregate liability of the surety for all breaches of the conditionsof the bond must not exceed the sum of the bond. The surety on the bond has theright to cancel the bond upon giving 30 days notice to the Commissioner andthereafter is relieved of liability for any breach of condition occurring afterthe effective date of the cancellation.

3. The Commissioner shall release the bond or depositafter the seller has ceased doing business as such and the Commissioner issatisfied of the nonexistence of any obligation or liability of the seller forwhich the bond or deposit was held.

(Added to NRS by 1987, 1253; A 1993, 2617)

NRS 689.500 Permit:Issuance; denial.

1. If the Commissioner finds that the application iscomplete, that the cemetery authority is in compliance with all requirementstherefor, that the applicant otherwise qualifies under the provisions of NRS 689.450 to 689.595, inclusive, and upon satisfactoryevidence that a burial merchandise and service trust fund has been established,he shall issue a sellers permit to the applicant.

2. The Commissioner shall refuse to issue a sellerspermit to any applicant who does not comply with or otherwise meet therequirements of NRS 689.450 to 689.595, inclusive. Upon such refusal, theCommissioner shall give written notice thereof to the applicant setting forththe reasons for his refusal.

(Added to NRS by 1987, 1253; A 1993, 2618)

NRS 689.505 Permit:Expiration; renewal; fee for renewal.

1. Each sellers permit issued pursuant to NRS 689.450 to 689.595, inclusive, continues in effect for3 years unless it is suspended, revoked or otherwise terminated.

2. The Commissioner shall renew a sellers permit uponreceiving a written request for renewal from the seller, accompanied by theapplicable fee for renewal, which is not refundable, if he finds that theseller is, at that time, in compliance with all applicable provisions of NRS 689.450 to 689.595, inclusive.

3. A permit which is not renewed expires at midnighton the last day specified for its renewal. The Commissioner may accept arequest for renewal received by him within 30 days after the expiration of thepermit if the request is accompanied by a fee for renewal of 150 percent of thefee otherwise required.

(Added to NRS by 1987, 1254; A 1993, 2618)

NRS 689.510 Permit:Revocation; suspension.

1. After giving written notice of charges to theseller, not less than 30 days in advance of a hearing, the Commissioner may,after the hearing, revoke the sellers permit if he:

(a) Obtained his permit through misrepresentation orconcealment of a material fact;

(b) Is no longer qualified for such a permit; or

(c) Violates any provision of NRS 689.450 to 689.595, inclusive, or any lawful order orregulation of the Commissioner.

2. If a seller is found to be in violation ofparagraph (c) of subsection 1, the Commissioner may, in lieu of revocation,suspend his sellers permit for a period not to exceed 90 days.

(Added to NRS by 1987, 1254; A 1993, 2618)

NRS 689.515 Agentslicense required; exception; administrative fine.

1. It is unlawful for any person to solicit the saleof a prepaid contract in this state on behalf of a seller unless he holds a validagents license issued by the Commissioner.

2. This section does not apply to a seller who holds avalid sellers permit.

3. A person who solicits the sale of a prepaidcontract in this state without a license or sellers permit is subject to an administrativefine of not more than $1,000 for each violation.

(Added to NRS by 1987, 1254; A 1993, 2619; 2001, 2217)

NRS 689.520 Agentslicense: Qualifications; application; fee. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. To qualify for an agents license, the applicant:

(a) Must file a written application with theCommissioner on forms prescribed by the Commissioner; and

(b) Must not have been convicted of, or entered a pleaof guilty or nolo contendere to, forgery, embezzlement, obtaining money underfalse pretenses, larceny, extortion, conspiracy to defraud or any crimeinvolving moral turpitude.

2. The application must:

(a) Contain information concerning the applicantsidentity, address, social security number, personal background and business,professional or work history.

(b) Contain such other pertinent information as theCommissioner may require.

(c) Be accompanied by a complete set of fingerprintsand written permission authorizing the Commissioner to forward thosefingerprints to the Central Repository for Nevada Records of Criminal Historyfor submission to the Federal Bureau of Investigation for its report.

(d) Be accompanied by a fee representing the amountcharged by the Federal Bureau of Investigation for processing the fingerprintsof the applicant.

(e) Be accompanied by the statement required pursuantto NRS 689.258.

(f) Be accompanied by the applicable fee established inNRS 680B.010, which is not refundable.

3. A conviction of, or plea of guilty or nolocontendere by, an applicant or licensee for any crime listed in paragraph (b)of subsection 1 is a sufficient ground for the Commissioner to deny a licenseto the applicant, or to suspend or revoke the agents license pursuant to NRS 689.535.

(Added to NRS by 1987, 1254; A 1997, 2200, 3034; 1999, 520; 2003, 2869)

NRS 689.520 Agents license: Qualifications;application; fee. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. To qualify for an agents license, the applicant:

(a) Must file a written application with the Commissioneron forms prescribed by the Commissioner; and

(b) Must not have been convicted of, or entered a pleaof guilty or nolo contendere to, forgery, embezzlement, obtaining money underfalse pretenses, larceny, extortion, conspiracy to defraud or any crimeinvolving moral turpitude.

2. The application must:

(a) Contain information concerning the applicantsidentity, address, personal background and business, professional or workhistory.

(b) Contain such other pertinent information as theCommissioner may require.

(c) Be accompanied by a complete set of fingerprintsand written permission authorizing the Commissioner to forward thosefingerprints to the Central Repository for Nevada Records of Criminal Historyfor submission to the Federal Bureau of Investigation for its report.

(d) Be accompanied by a fee representing the amountcharged by the Federal Bureau of Investigation for processing the fingerprintsof the applicant.

(e) Be accompanied by the applicable fee established inNRS 680B.010, which is not refundable.

3. A conviction of, or plea of guilty or nolocontendere by, an applicant or licensee for any crime listed in paragraph (b)of subsection 1 is a sufficient ground for the Commissioner to deny a licenseto the applicant, or to suspend or revoke the agents license pursuant to NRS 689.535.

(Added to NRS by 1987, 1254; A 1997, 2200, 3034; 2003, 2869,effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings)

NRS 689.525 Agentslicense: Issuance; denial.

1. If the Commissioner finds that the application iscomplete and the applicant meets the requirements of NRS 689.520 after an investigation not toexceed 30 days, he shall issue at the request of the holder of a valid sellerspermit an agents license to the applicant.

2. If the license is denied the Commissioner shallimmediately notify the applicant and the seller that the applicant was torepresent setting forth the reasons for the denial.

(Added to NRS by 1987, 1255; A 1993, 2619)

NRS 689.530 Agentslicense: Expiration; renewal; fee for renewal; validity. [Effective until thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. Each agents license issued pursuant to NRS 689.450 to 689.595, inclusive, continues in effect for3 years unless it is suspended, revoked or otherwise terminated.

2. An agents license may be renewed, unless it hasbeen suspended or revoked, at the request of the holder of a valid sellerspermit upon filing a written request for renewal accompanied by the applicablefee for renewal and the statement required pursuant to NRS 689.258. The fee for renewal is notrefundable.

3. The Commissioner may accept a request for renewalwhich is received by him within 30 days after the expiration of the license ifthe request is accompanied by a fee for renewal of 150 percent of the feeotherwise required and the statement required pursuant to NRS 689.258.

4. An agents license is valid only while the agent isemployed by a holder of a valid sellers permit.

(Added to NRS by 1987, 1255; A 1993, 2619; 1997,2200)

NRS 689.530 Agents license: Expiration; renewal;fee for renewal; validity. [Effective on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. Each agents license issued pursuant to NRS 689.450 to 689.595, inclusive, continues in effect for3 years unless it is suspended, revoked or otherwise terminated.

2. An agents license may be renewed, unless it hasbeen suspended or revoked, at the request of the holder of a valid sellerspermit upon filing a written request for renewal accompanied by the applicablefee for renewal, which is not refundable.

3. The Commissioner may accept a request for renewalwhich is received by him within 30 days after the expiration of the license ifthe request is accompanied by a fee for renewal of 150 percent of the feeotherwise required.

4. An agents license is valid only while the agent isemployed by a holder of a valid sellers permit.

(Added to NRS by 1987, 1255; A 1993, 2619; 1997,2200, effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings)

NRS 689.535 Agentslicense: Revocation; suspension. The Commissionermay proceed against an agents license in the same manner as provided in NRS 689.510 if the agent:

1. Obtained his license through misrepresentation orconcealment of a material fact.

2. Is no longer qualified for such a license.

3. Knowingly violates any provision of NRS 689.450 to 689.595, inclusive, or any lawful order orregulation of the Commissioner.

(Added to NRS by 1987, 1255)

NRS 689.540 Prepaidcontracts: Content; entire agreement; rescission.

1. All forms for a prepaid contract offered or sold inthis state must contain:

(a) The names and addresses of the seller, buyer,beneficiary and trustee and of each performer;

(b) A clear and unambiguous statement of the servicesand merchandise to be supplied and by whom;

(c) The purchase price of each item of supply orservice and how payable;

(d) The date and place of execution;

(e) Other reasonable and appropriate provisions asprescribed by the Commissioner by regulation;

(f) The full percentage of the sales commission to beretained by the seller;

(g) The sellers or his agents signature on theoriginal contract and his identification by name and title on any duplicatecopy of the contract given to the buyer;

(h) A provision in 14-point type or larger, stating insubstance that the buyer is permitted to return the contract within 10 daysafter its delivery to the buyer and to have the full purchase price or amountpaid thereon refunded if the buyer is not satisfied with it for any reason; and

(i) In print on its face sheet, in 14-point type orlarger, a notice stating, This is not an insurance contract.

2. The written contract, when signed, constitutes theentire agreement between the parties relative to its subject matter.

3. If the buyer, pursuant to the provision required byparagraph (h) of subsection 1, returns the contract to the seller at his branchor home office or to the agent through whom it was purchased, the contract isvoid from the beginning and the parties return to the same position theyoccupied before the contract was entered into.

(Added to NRS by 1987, 1255)

NRS 689.545 Prepaidcontracts: Approval and disapproval of forms.

1. A seller shall not offer, sell or deliver in thisstate any prepaid contract unless the form of the contract has been filed withand approved in writing by the Commissioner.

2. The Commissioner shall disapprove any form ofcontract which he finds:

(a) Printed or reproduced in such a manner as to besubstantially illegible in whole or in part;

(b) Contains ambiguous or misleading provisions,clauses or titles;

(c) Includes or combines in the prepaid contractprovisions for the purchase of cemetery plots and existing burial spaces,unless such sales are separated and distinctly defined as burial merchandiseand services; or

(d) Does not comply or is inconsistent with any applicablerequirement of NRS 689.450 to 689.595, inclusive,

or for othergood cause shown.

3. No amendment or modification of any form may bemade unless the amendment or modification has been filed with and approved inwriting by the Commissioner.

4. Each filing is subject to a waiting period of up to30 days before it becomes effective.

5. Upon written application by the holder of asellers permit, the Commissioner may authorize a filing which he has reviewedto become effective before the expiration of the waiting period or anyextension thereof.

6. A filing shall be deemed to meet the requirementsof NRS 689.450 to 689.595, inclusive, unless disapproved bythe Commissioner within the waiting period or any extension thereof.

(Added to NRS by 1987, 1256; A 1993, 2619)

NRS 689.550 Prepaidcontracts: Credit life insurance. If thepurchase price for a prepaid contract is to be paid in installments, the sellermay make available to the buyer credit life insurance on a form and terms filedwith and approved by the Commissioner. The buyer must be provided with acertificate of the credit insurance by the seller or as otherwise required bythe Commissioner.

(Added to NRS by 1987, 1256)

NRS 689.555 Prepaidcontracts: Maximum sales commission. The salescommission on any prepaid contract must not exceed 40 percent of the purchaseprice.

(Added to NRS by 1987, 1257)

NRS 689.560 Prepaidcontracts: Maintenance and administration of trust fund.

1. The seller shall establish and maintain a trustfund with an authorized trustee, for the benefit of the beneficiary of theprepaid contract, in accordance with the trust agreement filed with andapproved by the Commissioner.

2. The seller shall maintain unimpaired and shalldeposit in the trust fund, within 15 days after the end of the month in whichpayment was received, all installments received on prepaid contracts sold afterthe sales commission has been deducted.

3. The trustee shall, with respect to the money in thetrust fund, exercise the judgment and care under the circumstances thenprevailing which persons of prudence, discretion and intelligence exercise inthe management of their own affairs, not in regard to speculation, but inregard to the permanent disposition of their money, considering the probableincome as well as the probable safety of their capital. Within the limitationsof such standards, and subject to any express provision or limitation containedin any particular trust instrument, a trustee may acquire and retain every kindof investment, specifically including bonds, debentures and other corporateobligations and stocks, preferred or common, which persons of prudence,discretion and intelligence acquire or retain for their own account.

4. Except as otherwise provided in NRS 689.450 to 689.595, inclusive, or the trust agreementapproved in writing by the Commissioner or as may be required by an order of acourt of competent jurisdiction, the trustees shall maintain the trust fundintact and unimpaired and shall not make any payment or disbursement from thetrust fund.

(Added to NRS by 1987, 1257; A 1997, 1627)

NRS 689.565 Prepaidcontracts: Distributions to seller from trust fund; financial reports oftrustee.

1. Not more than 60 percent of the earnings of suchinvestments, including capital gains, as they accrue and are received, may bedisbursed by the trustee to the seller or his designee. The remainder of anyearnings must be held by the trustee to establish a reserve for securitiesvaluation until the reserve equals 40 percent of the total trust liabilities.

2. The trustee shall maintain in the trust fund anamount of money equal to 125 percent of the total trust liabilities.

3. If money in the trust fund is invested orreinvested in:

(a) Securities which are issued or guaranteed by theUnited States of America;

(b) Bonds of this state or the bonds of any otherstate;

(c) Bonds of counties or municipalities of any state;

(d) Deposits in any bank, credit union or savings andloan association that is federally insured or insured by a private insurerapproved pursuant to NRS 678.755; or

(e) With the written approval of the Commissioner, anyinvestment which has guaranteed liquidity,

then noearnings of those investments, including capital gains, if any, as suchearnings accrue and are received, may be disbursed by the trustee to the selleror his designee which would reduce the corpus of the trust fund below 100percent of the required value of the trust. Earnings in excess of 100 percentof the required value of the trust or 125 percent of the total trust liability,whichever is appropriate, may be distributed annually.

4. Earnings are defined as any sum remaining in thetrust fund after deducting costs of administration over and above 100 percentof the required value of the trust.

5. Every trustee handling money in a trust fundpursuant to NRS 689.450 to 689.595, inclusive, shall file with theCommissioner, within 15 days after the first day of each calendar quarter, afinancial statement showing the activity of all trusts required to bemaintained by any seller and the total market value of each trust as of thefirst day of the calendar quarter. The statement for the fourth quarter must bea summary of all transactions involving the account. The statement must be onforms prescribed and adopted by the Commissioner. Every quarterly report mustbe accompanied by a fee of $10. If the statement is not received by theCommissioner as required, he may, after giving the seller 10 days writtennotice, revoke the sellers permit.

6. The trust must be valued quarterly and averagedannually to determine the total value of the trust. If the average market valueof the trust as of December 31 of each year is below 100 percent of therequired value of the trust or 125 percent of the total trust liability, theCommissioner may suspend the sellers permit until the deficiency is made up.

(Added to NRS by 1987, 1257; A 1993, 2620; 1999, 1551)

NRS 689.570 Prepaidcontracts: Distributions from corpus of trust fund.

1. The corpus of all money deposited in the burialmerchandise and service trust fund must be kept unimpaired until the prepaidcontract is performed on the death of the person for whose benefit the contractwas made, or the contract is otherwise terminated and distribution ordisposition of money in the trust fund is made as authorized in accordance withapplicable law and the rights of interested persons.

2. Upon receiving a certified copy of a deathcertificate or a certification by the cemetery authority that a particularprepaid contract has been fully performed, the trustee of the burialmerchandise and service trust fund shall pay all money in the trust fund forthat contract to the cemetery authority.

3. The trustee shall not make any payments out of thetrust fund unless he receives a death certificate or certification as providedin subsection 2. In paying out money in such circumstances, the trustee mayrely upon all such death certificates and certifications presented to him whichappear valid on their faces, and he is not liable to any person for paying outmoney upon such reliance.

(Added to NRS by 1987, 1258)

NRS 689.575 Prepaidcontracts: Termination by buyer.

1. Except as otherwise provided in subsection 2, ifthe buyer moves to another geographic area beyond the normal service facilitiesof the seller and performers under the prepaid burial merchandise and servicecontract, the contract automatically terminates upon the buyers written noticeto the seller and trustee of his move and of his desire to terminate thecontract. The trustee, as soon as reasonably possible after receipt of thenotice, shall refund to the buyer all money, including earned interest, in thetrust fund held for the buyers account.

2. If the contract continues in force and the buyer isnot in default thereunder, upon the demise of the buyer, the contract automaticallyterminates. Upon termination, the seller shall:

(a) Furnish the merchandise and perform or arrange toperform the services;

(b) Make arrangements for the fulfillment of theagreement on a dollar-for-dollar basis with another performer serving the areato which the buyer has moved; or

(c) Refund to the buyer or his representative orestate, or transfer to a substituted performer, all money, including earnedinterest, in the trust fund held for the buyers account.

3. The cemetery authority shall include a provision ineach prepaid contract substantially stating: If the purchaser defaults inmaking any payment under this contract, the cemetery authority may terminatethe contract and is entitled to retain as damages not more than 40 percent ofthe total purchase price. The balance remaining, if any, must be refunded tothe purchaser.

(Added to NRS by 1987, 1258; A 2001, 2217)

NRS 689.580 Prepaidcontracts: Termination on insolvency or other inability of seller to perform;distribution of money in trust fund.

1. An executory prepaid contract automaticallyterminates if the seller or any performer under the contract goes out ofbusiness, dies, becomes insolvent or bankrupt, makes an assignment for thebenefit of creditors or is otherwise unable to fulfill the obligations underthe contract, unless the successors or assignees of the business agree toaccept all liability and to fulfill all obligations as originally set forth inthe contract.

2. Upon any such termination, the money in the trustfund, including earned interest, held by the trustee for the account of thebuyer must be distributed by the trustee to the buyer or to a qualified selleror performer assuming the outstanding contractual liabilities, as authorized bythe Commissioner.

(Added to NRS by 1987, 1259; A 2001, 2217)

NRS 689.585 Recordsof seller; examination by Commissioner.

1. Every seller shall keep:

(a) Accurate accounts, books and records of alltransactions;

(b) Copies of all agreements and dates and amounts ofpayments made and accepted;

(c) The names and addresses of the contracting parties;and

(d) The persons for whose benefit the payments areaccepted and the names of the depositories in which the payments are deposited.

2. The seller shall keep within this State, at theaddress shown upon his permit, complete records of all transactions under thepermit. Those records and the affairs of the seller are subject to audit andexamination by the Commissioner at any reasonable time. Any costs incurred bythe Commissioner to conduct an audit or examination must be paid by the seller.

3. The seller shall keep such records for not lessthan 5 years after the completion of all transactions to which they relate.

(Added to NRS by 1987, 1259; A 1993, 2621)

NRS 689.590 Exemptionof person maintaining cemetery but not operating as cemetery on July 5, 1971. The provisions of NRS689.450 to 689.595, inclusive, donot apply to a person maintaining a cemetery but not operating as a cemeteryauthority on July 5, 1971.

(Added to NRS by 1987, 1259)

NRS 689.595 Applicabilityof other provisions to agents and sellers.

1. The provisions of NRS 683A.341, 683A.451, 683A.461, 683A.480 and 686A.010 to 686A.310, inclusive, apply to agents andsellers.

2. For the purposes of subsection 1, unless thecontext requires that a section apply only to insurers, any reference in thosesections to insurer must be replaced by a reference to agent and seller.

3. The provisions of NRS 679B.230 to 679B.300, inclusive, apply to sellers.Unless the context requires that a provision apply only to insurers, anyreference in those sections to insurer must be replaced by a reference toseller.

(Added to NRS by 1987, 1260; A 2001, 2218)

MISCELLANEOUS PROVISIONS

NRS 689.700 Moneyin trust fund exempt from attachment and other process. In the absence of fraud, all money in a trust fund held orinvested in accordance with the provisions of this chapter is not liable toattachment, garnishment or other process or to be seized, taken, appropriatedor applied to pay any debt or liability of the seller, buyer, beneficiary orperformer by any legal or equitable process or by operation of law.

(Added to NRS by 1987, 1260)

NRS 689.715 Preneedsales agreement to be provided to person entitled to custody of remains;penalty.

1. A funeral director or cemetery authority thatenters into a preneed sales agreement shall, upon the death of the buyer,provide a copy of the agreement to each person entitled to custody of theremains.

2. The Commissioner may impose upon any person whoknowingly violates the provisions of subsection 1 an administrative fine ofthree times the amount of the preneed sales agreement.

(Added to NRS by 1993, 2616)

NRS 689.720 Regulations. The Commissioner may adopt such regulations as may benecessary to carry out the purposes and provisions of this chapter.

(Added to NRS by 1971, 1402; A 1987,1270)(Substituted in revision for NRS 689.405)

NRS 689.730 Penalties. In addition to any other penalty provided for in thischapter, any person who violates any provision of this chapter or any rule orregulation promulgated pursuant to this chapter, for which a greater penalty isnot otherwise provided by law, is guilty of a misdemeanor.

(Added to NRS by 1971, 1402)(Substituted in revisionfor NRS 689.425)

 

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