(a) Whenever the commissioner has reason to believe that any person has engaged, or is engaging, in this state in any unfair method of competition or any unfair or deceptive act or practice as defined in this article, or is engaging in the sale of preneed contracts without being properly licensed as required by this article, or is otherwise acting in violation of this chapter, and that a proceeding by the commissioner in respect thereto would be in the interest of the public, the commissioner shall institute a proceeding in accordance with this section.
(b) A statement of charges, notice, or order or other process under this chapter may be served by anyone duly authorized by the commissioner. Service may be made either in the manner provided by law for service of process in civil actions or by certifying and mailing a copy of the statement to the person affected by the statement, notice, or order or other process at his or her or its residence or principal office or place of business. The verified return by the person so serving the statement, notice, or order or other process, setting forth the manner of the service, shall be proof of the service; and the return postcard receipt for the statement, notice, or order or other process, certified and mailed as provided in this subsection, shall be proof of service of the statement, notice, or order or other process.
(c) The commissioner shall conduct or cause to have conducted a hearing in accordance with Article 1 of Chapter 2, and shall, during the conduct of the hearing, have those powers necessary to enforce this chapter; however, the penalties for failure to comply with a subpoena or with an order directing discovery shall be limited to a fine not to exceed one thousand dollars ($1,000) per violation.
Structure Code of Alabama
Chapter 17A - Preneed Funeral and Cemetery Act.
Article 2 - Certificate of Authority.
Section 27-17A-10 - Certificate Required.
Section 27-17A-11 - Application for Certificate; Statements; Issuance; Expiration; Transfer.
Section 27-17A-11.1 - Report of Preneed Contract Activity; Written Logs.
Section 27-17A-12 - Preneed Contract Forms; Disclosure; Approval.
Section 27-17A-13 - Monies to Be Placed in Trust; Compliance by Pre-Existing Preneed Contracts.
Section 27-17A-14 - Surety Bond.
Section 27-17A-15 - Examination by Commissioner.
Section 27-17A-16 - Inactive Certificate Holder; Surrender of License.
Section 27-17A-17 - Dissolution or Liquidation of Certificate Holder.
Section 27-17A-18 - Preneed Sales Agent.
Section 27-17A-19 - Prohibited Activities.
Section 27-17A-20 - Hearing; Procedures; Penalties.
Section 27-17A-21 - Fine in Lieu of Suspension or Revocation of Certificate.
Section 27-17A-22 - Violations and Penalties.
Section 27-17A-23 - Civil Actions; Liability.