Georgia Code
Chapter 14 - Cemetery and Funeral Services
§ 10-14-3.1. Authority of Boards

As provided in this Code section, the boards may have all administrative powers and other powers necessary to carry out the provisions of this chapter, including the authority to promulgate rules and regulations, and the Secretary of State may delegate to the boards all such duties otherwise entrusted to the Secretary of State; provided, however, that the Secretary of State shall have sole authority over matters relating to the regulation of funds, trust funds, and escrow accounts and accounting and investigations concerning such matters but may delegate authority to the appropriate board for the review of such investigations and the determination as to disciplinary matters, necessary sanctions, and the enforcement of such decisions and sanctions. The State Board of Funeral Service shall have authority to promulgate rules and regulations and may be delegated the authority to make disciplinary and sanctioning decisions relating to funeral services or funeral merchandise. The State Board of Cemeterians shall have authority to promulgate rules and regulations and may be delegated the authority to make disciplinary and sanctioning decisions relating to burial services or burial merchandise. The Secretary of State may delegate to each board according to such duties and responsibilities of the boards.
History. Code 1981, § 10-14-3.1 , enacted by Ga. L. 2006, p. 1087, § 2A/HB 910; Ga. L. 2012, p. 625, § 7/HB 933; Ga. L. 2021, p. 382, § 1/HB 354.
The 2021 amendment, effective May 4, 2021, in the first sentence, substituted “As provided in this Code section, the boards may” for “The boards shall” at the beginning and substituted “Secretary of State may delegate” for “Secretary of State shall delegate” near the middle; and inserted “may be delegated the authority to” in the second and third sentences.

Structure Georgia Code

Georgia Code

Title 10 - Commerce and Trade

Chapter 14 - Cemetery and Funeral Services

§ 10-14-1. Short Title

§ 10-14-2. Regulation of Preneed Dealers, Registrants, and Cemetery Companies; Licenses

§ 10-14-3. Definitions

§ 10-14-3.1. Authority of Boards

§ 10-14-4. Registration of Dealers and Cemeteries; Perpetual Care Cemeteries Trust Funds; Nonperpetual Care Cemeteries; Preneed Escrow Accounts

§ 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

§ 10-14-11. Stop Order Suspending or Revoking a Registration; Denial or Refusal of Application for Registration; Penalties

§ 10-14-12. Separate Accounts and Records; Owner Acting as Trustee; Bond; Removal of Trustee or Escrow Agent; Allocation of Funds; Financial Reports

§ 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