NC Register Volume 24 Issue 19 - Office of Administrative Hearings
NC Register Volume 24 Issue 19 - Office of Administrative Hearings
NC Register Volume 24 Issue 19 - Office of Administrative Hearings
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PROPOSED RULES<br />
In the event the proposed assumption is disapproved by a<br />
majority <strong>of</strong> those eligible voters present and voting, no<br />
additional vote may be had as to the proposed assumption by the<br />
same foreign or North Carolina insurance company or North<br />
Carolina or foreign mutual burial association seeking assumption<br />
for a period <strong>of</strong> one year.<br />
Authority G.S. 90-210.80.<br />
04 <strong>NC</strong>AC 04 .0605 APPROVAL OF ASSUMPTION<br />
In the event the assumption <strong>of</strong> a domestic mutual burial<br />
association's assets and liabilities is approved by its members as<br />
hereinabove set out, such assumption shall not be deemed<br />
completed until the Burial Association Administrator has<br />
satisfied himself that the proposed terms <strong>of</strong> such assumption<br />
fully protects the existing financial interest <strong>of</strong> the present<br />
members <strong>of</strong> the domestic mutual burial association.<br />
Approval or disapproval will be made in writing by the<br />
administrator to all interested parties within 30 days <strong>of</strong> the vote<br />
required by Rule .0604.<br />
A party or parties aggrieved by the Administrator's decision<br />
may, within 30 days <strong>of</strong> such decision, appeal in writing to the<br />
Burial Association Commission, which may affirm, modify or<br />
reverse the Administrator's decision after holding a public<br />
hearing pursuant to the provisions <strong>of</strong> Chapter 150B <strong>of</strong> the<br />
General Statutes. Further appeal by an aggrieved party will be<br />
pursuant to Chapter 150B.<br />
Authority G.S. 90-210.80.<br />
04 <strong>NC</strong>AC 04 .0606 AUTHORITY TO CONTINUE<br />
ISSUA<strong>NC</strong>E OF POLICIES<br />
Once the assumption <strong>of</strong> one or more domestic mutual burial<br />
associations has been completed by a North Carolina or foreign<br />
insurance company or North Carolina or foreign mutual burial<br />
association, pursuant to Rules .0602 through .0605, and the time<br />
for appeal has expired, the assuming insurance company or<br />
mutual burial association may continue to issue burial<br />
association insurance policies to qualified applicants, in its<br />
discretion, in amounts <strong>of</strong> one hundred dollars ($100.00) or two<br />
hundred dollars ($200.00). However, the issuing insurance<br />
company or mutual burial association must comply with the<br />
provisions <strong>of</strong> Rule .0608.<br />
Authority G.S. 90-210.80.<br />
04 <strong>NC</strong>AC 04 .0607 ISSUA<strong>NC</strong>E OF POLICIES IN<br />
EXCESS OF TWO HUNDERD DOLLARS<br />
Any foreign or North Carolina insurance company or North<br />
Carolina or foreign mutual burial association which after its<br />
assumption <strong>of</strong> one or more domestic mutual burial associations<br />
sells no burial association insurance <strong>of</strong> two hundred dollars<br />
($200.00) or less will not be audited by the <strong>of</strong>fice <strong>of</strong> the burial<br />
association administrator, nor will it pay any fees to the burial<br />
association administrator. However, such insurance company or<br />
mutual burial association shall yearly, no later than January 31,<br />
file in the <strong>of</strong>fice <strong>of</strong> the burial association administrator, on forms<br />
supplied by the administrator, such information as the<br />
administrator may require, in his discretion, pertaining to the<br />
present policyholders who own burial association insurance in<br />
amounts not exceeding two hundred dollars ($200.00). The<br />
administrator may also, in his discretion, require a list <strong>of</strong><br />
members who had burial association insurance <strong>of</strong> two hundred<br />
dollars ($200.00) or less who have died during the preceding 12<br />
months and the benefits paid.<br />
Authority G.S. 90-210.80.<br />
04 <strong>NC</strong>AC 04 .0608 REQUIREMENTS OF<br />
COMPANIES WRITING POLICIES<br />
Any foreign or domestic insurance company or North Carolina<br />
or foreign mutual burial association which assumes the assets<br />
and liabilities <strong>of</strong> one or more domestic mutual burial<br />
associations and which continues to write burial association<br />
insurance policies in the amount <strong>of</strong> one hundred dollars<br />
($100.00) or two hundred dollars ($200.00) to qualified<br />
applicants shall continue to be subject to all the laws <strong>of</strong> North<br />
Carolina, and the rules and regulations <strong>of</strong> the North Carolina<br />
Mutual Burial Association Commission, specifically including,<br />
but not limited to, audits, reports, and fees with respect to all<br />
burial association insurance written in the amount <strong>of</strong> one<br />
hundred dollars ($100.00) or two hundred dollars ($200.00).<br />
Authority G.S. 90-210.80.<br />
CHAPTER 34 - BOARD OF FUNERAL SERVICE<br />
SUBCHAPTER 34A - BOARD FU<strong>NC</strong>TIONS<br />
SECTION .0200 - FEES AND OTHER PAYMENTS<br />
21 <strong>NC</strong>AC 34A .0203 REPORT TO GENERAL<br />
ASSEMBLY<br />
No later than October 31 <strong>of</strong> each calendar year, the Board shall<br />
file the reports required by G.S. 93B-2. If the Board fails to<br />
timely file a report, all funds received after October 31 shall be<br />
deposited into an escrow account with a financial institution, as<br />
such term is defined in G.S. 90-210.60(2), until the report has<br />
been filed. Except where the provisions <strong>of</strong> G.S. 93B-2(d) are<br />
preempted by federal law or where otherwise allowed by law,<br />
the Board shall not expend any funds until the report has been<br />
filed; provided, however, that such suspension shall be lifted and<br />
such escrow shall terminate immediately upon deposit <strong>of</strong> the<br />
delinquent report into the custody <strong>of</strong> the U.S. Postal Service by<br />
certified U.S. mail return receipt requested. Any period <strong>of</strong><br />
suspension under G.S. 93B-2(d) shall have no effect upon the<br />
right <strong>of</strong> a license or permit applicant to the issue or renewal <strong>of</strong><br />
any license or permit upon meeting all legal requirements;<br />
provided, however, that this Rule shall not impose any duty<br />
upon the Board to issue any license or permit outside its normal<br />
operating procedures.<br />
Authority G.S. 90-210.23(a); 93B-2(d).<br />
SUBCHAPTER 34B - FUNERAL SERVICE<br />
SECTION .0300 - LICENSING<br />
<strong>24</strong>:<strong>19</strong> NORTH CAROLINA REGISTER APRIL 1, 2010<br />
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