FEES
The following fees are to be charged by the Board:
APPLICATIONS
| Fee Type/Purpose | Fee Amount |
|---|
| Certificate of Authority | $198.00 |
| Branch Registrant | $198.00 |
| Change of Ownership - Certificate of Authority | $132.00 |
| Change of Ownership - Branch Registrant | $132.00 |
| Preneed Sales Agent Registration | $33 |
RENEWALS
| Fee Type/Purpose | Fee Amount |
|---|
| Certificate of Authority | $99.00 |
| Branch Registrant | $198.00 |
| Preneed Sales Agent | $33.00 |
| Late Renewal Fee or Lapsed Penalty per License | $100.00 |
EXAMINATIONS
| Fee Type/Purpose | Fee Amount |
|---|
| Certificate of Authority/Branch Special Preneed Examination | $335.00 per day plus expenses |
| Certificate of Authority/Branch Registrant Annual Preneed Miniature Examination | $335.00 per day |
| Late Fee for Past Due Examination Fee | $150.00 |
OTHER
| Fee Type/Purpose | Fee Amount |
|---|
| Replacement Wall Certificate per Certificate | $15.00 |
| Replacement Wall or Wallet License per License | $15.00 |
| Failure to File Annual Statement | $50.00 per day |
| Failure to File Statement of Activities of the Trust | $50.00 per day |
| Background Check | Current fee charged by the Alabama Law Enforcement Agency |
Please note, the above amounts do not include amounts that may be charged by third-parties to process payments.
FINES
34-13-202 (i) (j)
- If the board finds that one or more grounds exist for the discretionary suspension or revocation of a certificate of authority or establishment license issued under this chapter, the board, in lieu of the suspension or revocation, may impose a fine upon the certificate holder in an amount not to exceed one thousand dollars ($1,000) for each non-willful violation and in an amount not to exceed ten thousand dollars ($10,000) for each willful violation.
- The board may grant not more than 30 days from the date of the order for the payment of any fine.
The following fines are subject to be charged by the Board as citations found during a preneed examination:
DOCUMENTATION
| Violation Description | Fine Amount |
|---|
| Failure to provide any required documentation | $200.00 |
| Evidence of any discrepancies in or between the company's documents, reports, etc. | $200.00 |
CERTIFICATES AND LICENSES
| Violation Description | Fine Amount |
|---|
| Failure to maintain current and active Certificate of Authority | $1,000.00 per day |
| Failure to register Preneed Sales Agent | $1,000.00 per day |
| Failure to notify the Board of a cancellation of a registration of a Preneed Sales Agent | $200.00 |
| Failure to publicly display the Certificate of Authority pr Preneed Sales Agent license in the establishment | $500.00 |
| Failure of the Certificate of Authority to address the violations and make the necessary corrections from the last examination | $200.00 per day |
PRENEED CONTRACTS
| Violation Description | Fine Amount |
|---|
| Failure to provide examiner access to all preneed and at-need contract files | $500.00 |
| Evidence of any obvious issues or discrepancies between the contract files sample and the company's records (e.g. preneed log, funds collected, etc.) | $200.00 |
| Use of any contract forms not approved by the Board | $200.00 |
| Adding at-need fees to preneed contracts | Double the charge amount up to $10,000.00 |
| Increasing the cost of merchandise (unless an upgrade was made at the time of need) | Double the charge amount up to $10,000.00 |
PRENEED LOG
| Violation Description | Fine Amount |
|---|
| Failure to format and complete the preneed log in compliance with applicable statues or regulations | $500.00 |
TRANSFERRED CONTRACTS
| Violation Description | Fine Amount |
|---|
| Failure to document transferred contracts on the preneed log | $200.00 |
| Failure to properly account for transferred contracts | $200.00 |
| Failure to trust the funds affiliated with transferred contracts in a timely manner | $200.00 |
| Failure to report transferred contracts on the required filings to the Board | $200.00 |
TRUST
| Violation Description | Fine Amount |
|---|
| Failure to use a current approved trust to fund preneed | $1,000.00 |
| Failure to fund contracts using the trust option in a manner that aligns with the relevant requirements in effect at the time of the contract, both appropriately and in a timely fashion | $500.00 |
| Failure to appropriately disclose if trust originated life insurance is involved | $200.00 |
| Failure to trust sufficient amounts for each contract | $1,000.00 per formula category |
| Failure to maintain fair market value reports provided by the trustee | $200.00 |
| Failure to submit the required certification to the trustee in support of any withdrawal pursuant to a cancellation | $200.00 |
| Failure to support withdrawals due to fulfillment by a certification from the seller, affirming that all obligations under the contract have been fulfilled | $200.00 |
GENERAL PRICE LIST
| Violation Description | Fine Amount |
|---|
| Failure to maintain publicly available establishment pricing that complies with the rules established by the Federal Trade Commission | $500.00 |
MERCHANDISE
| Violation Description | Fine Amount |
|---|
| Failure to provide evidence of delivery or installation of merchandise | $500.00 |
| Storing merchandise not suitable for prolonged storage or using a method of storage that does not protect the merchandise from deterioration | $200.00 |
| Using a third-party for storage of merchandise who is not bonded and insured | $200.00 |
| Failure to maintain receipts or records from the third-party storing the merchandise that indicate the item being stored, the specific preneed contract for which the merchandise is being stored, or the precise location of the merchandise being stored, or doesn't indicate the identity and address of the bonding or insuring parties | $200.00 |
| Storing caskets or alternative containers | $500.00 per casket or alternative container |
ENDOWMENT CARE CEMETERY
| Violation Description | Fine Amount |
|---|
| Failure to maintain a log of burial spaces, niches, and crypt spaces | $500.00 |
| Failure to maintain a plat map for each cemetery location | $500.00 |
| Failure to maintain a book or file that reflects by date, the location by lot and space number of each person entombed or interred in the cemetery | $200.00 |
| Failure to maintain a publicly available written copy of cemetery rules and regulations | $200.00 |
| Failure to entrust the appropriate amount to the endowment care fund in a manner that aligns with the relevant requirements in effect at the time of the contract, both appropriately and in a timely fashion | $500.00 |
