Georgia Code, Title 10, Chapter 14 - Cemetery and Funeral Services
- § 10-14-1 - Short Title
This chapter shall be known as and may be cited as the "Georgia Cemetery and Funeral Services Act of 2000."
- § 10-14-2 - Regulation of Preneed Dealers, Registrants, and Cemetery Companies; Licenses
(a) The legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral services or burial services may suffer serious economic...
- § 10-14-3 - Definitions
As used in this chapter, the term: (1) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by,...
- § 10-14-3.1 - Authority of Boards
The boards shall have all administrative powers and other powers necessary to carry out the provisions of this chapter, including the authority to promulgate...
- § 10-14-4 - Registration of Dealers and Cemeteries; Perpetual Care Cemeteries Trust Funds; Nonperpetual Care Cemeteries; Preneed Escrow Accounts
(a) (1) Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or to sell any cemetery burial...
- § 10-14-5 - Preneed Sales Agents; Contracts; Retention of Employee Data
(a) All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of any entity required to be registered...
- § 10-14-5.1 - Relationship Between Life Insurance and Funeral Establishment
Any individual engaged in the sale of life insurance shall not use the name of any funeral establishment or any price list which identifies...
- § 10-14-6 - Irrevocable Trust Fund
(a) (1) Each cemetery or cemetery company required to be registered by this chapter shall establish and maintain an irrevocable trust fund for each...
- § 10-14-7 - Preneed Escrow Accounts or Trust Funds
(a) (1) Each preneed dealer which sells burial or funeral merchandise on a preneed basis or preneed burial or funeral services, other than preneed...
- § 10-14-7.1 - Trust Accounts for Preneed Funds
(a) Notwithstanding any provision to the contrary contained in Chapter 1 of Title 7, the "Financial Institutions Code of Georgia," or in any other...
- § 10-14-8 - Prohibition of Certain Persons From Employment; Notice and Hearing; Emergency Orders
(a) The Secretary of State, by order, may prohibit a person who is an employee, officer, independent contractor, or other agent directly involved in...
- § 10-14-9 - Amendment of Registration Application; State Audit of Records; Change of Ownership
(a) A registration application may be amended by filing with the Secretary of State an amended application signed by the persons required to sign...
- § 10-14-10 - Minimum Acreage for Cemeteries; Exceptions
(a) Except as otherwise provided in subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this...
- § 10-14-11 - Stop Order Suspending or Revoking a Registration; Denial or Refusal of Application for Registration; Penalties
(a) The Secretary of State may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration and shall...
- § 10-14-12 - Separate Accounts and Records; Agreement Form Approval; Owner Acting As Trustee; Bond; Removal of Trustee or Escrow Agent; Allocation of Funds; Financial Reports
(a) Each registrant under paragraph (1) or (2) of subsection (b), or both, of Code Section 10-14-4 shall establish and maintain a separate and...
- § 10-14-13 - Venue for Civil or Criminal Actions
For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation,...
- § 10-14-14 - Administration of Chapter; Rules and Regulations
(a) The administration of the provisions of this chapter shall be vested in the Secretary of State.(b) The Secretary of State shall keep a...
- § 10-14-15 - Investigations by Secretary of State; Subpoenas; Hearings
(a) The Secretary of State, at his or her discretion: (1) May make such public or private investigations or examinations inside or outside this...
- § 10-14-16 - Cemetery Rules and Regulations; Service Charges
(a) The owner of every cemetery may make, adopt, and enforce rules and regulations for the use, care, control, management, restriction, and protection of...
- § 10-14-17 - Prohibited Acts; Fees
(a) It shall be unlawful for any person: (1) To sell or offer to sell any burial rights, burial or funeral services, or burial...
- § 10-14-18 - Duties of Registrant; Written Contract
(a) A registrant offering to provide burial rights, burial or funeral merchandise, or burial or funeral services to the public shall: (1) Provide by...
- § 10-14-19 - Enforcement of Article; Civil Penalties
(a) Whenever it may appear to the Secretary of State that any person has engaged in, or is engaging in, or is about to...
- § 10-14-20 - Criminal Penalties
(a) Except as otherwise provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall...
- § 10-14-21 - Purchaser's Remedy for Violations
(a) Any person who violates any provision of subsection (a) of Code Section 10-14-17 shall be liable to the person buying such burial lot,...
- § 10-14-22 - Judicial Appeal of Order of Secretary of State
(a) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions...
- § 10-14-23 - Administrative Appeal of Order of Secretary of State
(a) Where the Secretary of State has issued any order forbidding the sale of burial lots, burial rights, burial merchandise, or burial services under...
- § 10-14-24 - Effect of Consent to Service of Process
When consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by...
- § 10-14-25 - Waiver of Rights or Defenses in Cemetery Purchase Agreements Void
Any condition, stipulation, or provision binding any person acquiring any burial lot, burial right, burial merchandise, or burial services to waive: (1) Compliance with...
- § 10-14-26 - Secretary of State Immune From Liability
For any action taken or any proceeding had under the provisions of this chapter or under color of the law, the Secretary of State...
- § 10-14-27 - Evidence in Civil or Criminal Actions Under Article
Reserved. Repealed by Ga. L. 2011, p. 99, ยง 18/HB 24, effective January 1, 2013.
- § 10-14-28 - Actions Pending Under Prior Law
(a) Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances...
- § 10-14-29 - Construction Regulations; Preconstruction Trust Funds
(a) A cemetery company shall start construction of that section of a mausoleum or columbarium in which sales, contracts for sales, reservations for sales,...
- § 10-14-30 - Adoption of Minimum Standards by Secretary of State
The Secretary of State, by rule, may adopt minimum standards for interment of human remains, including, without limitation, standards for depth of burial, composition...
Last modified: October 14, 2016