54-1132. CERTIFICATE OF AUTHORITY — REQUIREMENTS — DISPLAY OF CERTIFICATE. (1) Effective July 1, 2021, no licensed funeral establishment may sell a prepaid contract or provide funeral or cemetery merchandise or funeral or cemetery services pursuant to a prepaid contract without first obtaining a valid certificate of authority. The holder of the funeral establishment license shall be responsible for the certificate of authority and any agent of the establishment who operates under the certificate of authority.
(2) A certificate of authority for public cemeteries shall be issued by the governing board, city council or board of county commissioners having overall supervision and control of the cemetery. A certificate of authority for privately owned cemeteries shall be issued by the Idaho board of cemeterians. A certificate of authority for funeral establishments licensed under chapter 11, title 54, Idaho Code, shall be issued by the state board of morticians and shall be renewed annually at the same time as the funeral establishment license is renewed.
(3) A licensed funeral establishment seeking to obtain a certificate of authority must submit a statement that includes the following:
(a) The types of prepaid contracts to be written;
(b) The name and address of the place of business of the licensed funeral establishment; and
(c) Any information deemed necessary by the certificating authority to show compliance with section 54-1116, Idaho Code.
(4) Upon issuance, the certificate of authority shall be posted conspicuously in the licensed funeral establishment.
(5) The agent of any licensed funeral establishment holding a certificate shall present a copy of the certificate to the purchaser before engaging in the activity of selling a prearrangement sales contract.
(6) A licensed mortician or licensed funeral director shall designate the licensed funeral establishment that shall be responsible to provide any funeral or cemetery merchandise or funeral or cemetery services under prearrangement sales.
(7) The licensed funeral establishment designated as responsible to provide the merchandise and services under a prearrangement sales contract shall maintain all contracts and documents associated with any prearrangement sales.
History:
[54-1132, added 1989, ch. 138, sec. 2, p. 313; am. 2003, ch. 257, sec. 18, p. 677; am. 2016, ch. 80, sec. 1, p. 259; am. 2020, ch. 257, sec. 11, p. 750.]
Structure Idaho Code
Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES
Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS
Section 54-1101 - PUBLIC INTEREST AND CONCERN IN DISPOSITION OF HUMAN BODIES.
Section 54-1102 - DEFINITIONS.
Section 54-1103 - PERSONS REQUIRED TO HAVE LICENSES.
Section 54-1104 - EXEMPTIONS FROM PROVISIONS OF CHAPTER.
Section 54-1105 - BOARD OF MORTICIANS.
Section 54-1106 - POWERS AND DUTIES OF BOARD.
Section 54-1107 - POWERS AND DUTIES OF DIVISION ADMINISTRATOR.
Section 54-1108 - EXAMINATION OF APPLICANTS FOR LICENSE — SUBJECTS — CERTIFICATION OF RESULTS.
Section 54-1110 - INACTIVE LICENSES.
Section 54-1112 - REQUIREMENTS FOR RESIDENT TRAINEE LICENSE.
Section 54-1115 - LICENSE FEES.
Section 54-1115A - ANNUAL RENEWAL — REINSTATEMENT.
Section 54-1116 - DENIAL, SUSPENSION, OR REVOCATION OF LICENSES — GROUNDS — PROBATION.
Section 54-1117 - WRITTEN COMPLAINT — PROCEDURE FOR SUSPENSION OR REVOCATION OF LICENSE.
Section 54-1121 - ACCOUNTING PROCEDURE — INCOME AND EXPENSES.
Section 54-1127 - INJUNCTION AGAINST VIOLATIONS OF ACT — VENUE.
Section 54-1128 - VIOLATIONS CONSTITUTING MISDEMEANORS — EXCEPTIONS — ENFORCEMENT.
Section 54-1129 - DECLARATION OF INTENT.
Section 54-1130 - SCOPE AND EXCEPTIONS.
Section 54-1131 - DEFINITIONS.
Section 54-1132 - CERTIFICATE OF AUTHORITY — REQUIREMENTS — DISPLAY OF CERTIFICATE.
Section 54-1133 - FORM AND CONTENT OF CONTRACT — PRICE DISCLOSURE.
Section 54-1134 - PREARRANGEMENT TRUST FUND DEPOSITS.
Section 54-1135 - CANCELLATION OF CONTRACT — REFUND OF TRUST DEPOSITS.
Section 54-1136 - SOLICITATION — LIMITATIONS.
Section 54-1137 - SUBSTITUTIONS — MERCHANDISE, SERVICES OR PROVIDER.
Section 54-1138 - ENFORCEMENT PENALTY — DISCLOSURE OF CONTRACTS UPON SALE OF BUSINESS.
Section 54-1139 - INSTRUCTIONS FOR DISPOSITION OF PERSON’S REMAINS.
Section 54-1140 - PERSON’S DIRECTIONS TO BE FOLLOWED — EXCEPTION.
Section 54-1141 - SURVIVOR’S SERVICES.
Section 54-1142 - AUTHORITY IN ABSENCE OF OR UNCOVERED PROVISIONS IN A PREARRANGED FUNERAL PLAN.