The Board may refuse to license or register any applicant, suspend a license or registration for a stated period or indefinitely, revoke any license or registration, censure or reprimand any person licensed or registered by the Board or place such person on probation for such time as it may designate for any of the following causes related to the sale or offering to the public of cemetery vaults, grave liners, urns, memorials, markers or monuments:
1. Conviction of any felony or any crime involving moral turpitude;
2. Unprofessional conduct which is likely to defraud or to deceive the public or clients;
3. Misrepresentation or fraud in the conduct of the cemetery company or its sales personnel, or in obtaining or renewing a license or registration;
4. False or misleading advertising;
5. Solicitation in violation of subsection B of § 54.1-2327;
6. Direct or indirect payment or offer of payment of a commission to others by the licensee, his sales representatives, agents, or employees for the purpose of securing business;
7. Use of alcohol or drugs to the extent that such use renders him unsafe to practice his licensed or registered activity;
8. Aiding or abetting an unlicensed person to engage in the business of a cemetery company;
9. Using profane, indecent or obscene language within the immediate hearing of the family or relatives of a deceased, whose body has been interred or otherwise disposed of;
10. Violation of any statute, ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies;
11. Failure to comply with subsection A of § 54.1-2327 and to keep on file an itemized statement of all retail prices and fees charged related to the sale of property or services as required by Board regulations and this chapter;
12. Charging third-party handling fees, which shall not include installation fees; and
13. Refusing to honor the transfer of preneed contract arrangements to another party. However the licensee shall not be responsible for paying additional costs associated with any actual transfer.
1998, cc. 708, 721.
Structure Code of Virginia
Title 54.1 - Professions and Occupations
Chapter 23.1 - Cemetery Operators, Perpetual Care Trust Funds and Preneed Burial Contracts
§ 54.1-2311. Cemetery operators required to be licensed by the Board
§ 54.1-2312.01. Special interments; definitions; regulations by Board
§ 54.1-2312.2. Resale of interment right by certain churches and religious organizations
§ 54.1-2313. Board; appointment; terms; vacancies; meetings; quorum; other powers; regulations
§ 54.1-2314. Refusal, suspension or revocation of license or registration
§ 54.1-2315. Other prohibited activities
§ 54.1-2316. Certain representations unlawful; perpetual care trust fund required
§ 54.1-2317. Who may serve as trustee of perpetual care trust fund
§ 54.1-2318. Application of Part a (§ 64.2-1200 et seq.) of Subtitle IV of Title 64.2
§ 54.1-2319. Deposit in perpetual care trust fund required upon sale of graves, etc.
§ 54.1-2320. Additional deposit not required upon subsequent sale of same grave, crypt or niche
§ 54.1-2321. Recovery of original perpetual care trust fund deposit
§ 54.1-2322. Use of income from perpetual care trust fund; distributions
§ 54.1-2323. Financial records required
§ 54.1-2326. Who may serve as trustee of preneed trust fund
§ 54.1-2328. Requirements of preneed burial contracts
§ 54.1-2329. Identification of specific funds
§ 54.1-2330. Specific funds and income to remain in preneed trust account; exception
§ 54.1-2331. Disbursement of trust funds upon performance of contract
§ 54.1-2332. Seller required to keep records
§ 54.1-2334. Inclusion of property and services to be delivered within 120 days
§ 54.1-2335. Breach of contract by seller; trust to be single purpose trust
§ 54.1-2336. Trustee may rely on certifications and affidavits
§ 54.1-2337. Transfer of trust funds to another trustee
§ 54.1-2338. Use of trustee's name in advertisements
§ 54.1-2339. Construction and development of mausoleums and garden crypts
§ 54.1-2340. Waiver of chapter void