Certain solicitations during a person’s last illness relating to refunds shall be a violation of Part 2 of Article 15 of Chapter 1 of this title, the “Fair Business Practices Act of 1975,” as set out in Code Section 10-1-393.7;
Certain solicitations during a person’s last illness relating to refunds shall be a violation of Part 2 of Article 15 of Chapter 1 of this title, the “Fair Business Practices Act of 1975,” as set out in Code Section 10-1-393.7;
(7.1) To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale of burial rights or burial merchandise if such person is not registered pursuant to the provisions of this chapter; or
Nothing herein shall prohibit a cemetery company from charging a reasonable fee for services it provides in connection with a lawful disinterment, provided such charges do not exceed the greater of the cemetery company’s normal and customary charges for interment or the actual costs incurred by the cemetery directly attributable to such disinterment. Nothing herein shall prohibit a cemetery from charging a reasonable fee for actual costs it incurs due to the commencement of a funeral service at a time other than previously agreed by the cemetery company, the funeral establishment, and the owner of the burial rights, or his or her heirs and assigns, provided such charges are calculated in a manner which is disclosed and published as required by this chapter and that such charges are directly attributable to extra costs incurred by the cemetery company due to such late commencement.
History. Code 1981, § 44-3-142, enacted by Ga. L. 1983, p. 1508, § 1; Code 1981, § 10-14-17 , as redesignated by Ga. L. 2000, p. 882, § 1; Ga. L. 2006, p. 1087, § 6/HB 910; Ga. L. 2012, p. 625, § 13/HB 933; Ga. L. 2017, p. 774, § 10/HB 323.
The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, added “or” at the end of paragraph (c)(7).
Structure Georgia Code
Chapter 14 - Cemetery and Funeral Services
§ 10-14-2. Regulation of Preneed Dealers, Registrants, and Cemetery Companies; Licenses
§ 10-14-3.1. Authority of Boards
§ 10-14-5. Preneed Sales Agents; Contracts; Retention of Employee Data
§ 10-14-5.1. Relationship Between Life Insurance and Funeral Establishment
§ 10-14-6. Irrevocable Trust Fund
§ 10-14-7. Preneed Escrow Accounts or Trust Funds
§ 10-14-7.1. Trust Accounts for Preneed Funds
§ 10-14-8. Prohibition of Certain Persons From Employment; Notice and Hearing; Emergency Orders
§ 10-14-9. Amendment of Registration Application; State Audit of Records; Change of Ownership
§ 10-14-10. Minimum Acreage for Cemeteries; Exceptions
§ 10-14-13. Venue for Civil or Criminal Actions
§ 10-14-14. Administration of Chapter; Rules and Regulations
§ 10-14-15. Investigations by Secretary of State; Subpoenas; Hearings
§ 10-14-16. Cemetery Rules and Regulations; Service Charges
§ 10-14-17. Prohibited Acts; Fees
§ 10-14-18. Duties of Registrant; Written Contract
§ 10-14-19. Enforcement of Chapter; Civil Penalties
§ 10-14-20. Criminal Penalties
§ 10-14-21. Purchaser’s Remedy for Violations
§ 10-14-22. [Effective Until July 1, 2023. See note.] Judicial Appeal of Order of Secretary of State
§ 10-14-22. [Effective July 1, 2023. See note.] Judicial Appeal of Order of Secretary of State
§ 10-14-23. Administrative Appeal of Order of Secretary of State
§ 10-14-24. Effect of Consent to Service of Process
§ 10-14-25. Waiver of Rights or Defenses in Cemetery Purchase Agreements Void
§ 10-14-26. Secretary of State Immune From Liability
§ 10-14-28. Actions Pending Under Prior Law
§ 10-14-29. Construction Regulations; Preconstruction Trust Funds
§ 10-14-30. Adoption of Minimum Standards by Secretary of State