NC Register Volume 24 Issue 19 - Office of Administrative Hearings

PROPOSED RULES
In the event the proposed assumption is disapproved by a
majority of those eligible voters present and voting, no
additional vote may be had as to the proposed assumption by the
same foreign or North Carolina insurance company or North
Carolina or foreign mutual burial association seeking assumption
for a period of one year.
Authority G.S. 90-210.80.
04 NCAC 04 .0605 APPROVAL OF ASSUMPTION
In the event the assumption of a domestic mutual burial
association's assets and liabilities is approved by its members as
hereinabove set out, such assumption shall not be deemed
completed until the Burial Association Administrator has
satisfied himself that the proposed terms of such assumption
fully protects the existing financial interest of the present
members of the domestic mutual burial association.
Approval or disapproval will be made in writing by the
administrator to all interested parties within 30 days of the vote
required by Rule .0604.
A party or parties aggrieved by the Administrator's decision
may, within 30 days of such decision, appeal in writing to the
Burial Association Commission, which may affirm, modify or
reverse the Administrator's decision after holding a public
hearing pursuant to the provisions of Chapter 150B of the
General Statutes. Further appeal by an aggrieved party will be
pursuant to Chapter 150B.
Authority G.S. 90-210.80.
04 NCAC 04 .0606 AUTHORITY TO CONTINUE
ISSUANCE OF POLICIES
Once the assumption of one or more domestic mutual burial
associations has been completed by a North Carolina or foreign
insurance company or North Carolina or foreign mutual burial
association, pursuant to Rules .0602 through .0605, and the time
for appeal has expired, the assuming insurance company or
mutual burial association may continue to issue burial
association insurance policies to qualified applicants, in its
discretion, in amounts of one hundred dollars ($100.00) or two
hundred dollars ($200.00). However, the issuing insurance
company or mutual burial association must comply with the
provisions of Rule .0608.
Authority G.S. 90-210.80.
04 NCAC 04 .0607 ISSUANCE OF POLICIES IN
EXCESS OF TWO HUNDERD DOLLARS
Any foreign or North Carolina insurance company or North
Carolina or foreign mutual burial association which after its
assumption of one or more domestic mutual burial associations
sells no burial association insurance of two hundred dollars
($200.00) or less will not be audited by the office of the burial
association administrator, nor will it pay any fees to the burial
association administrator. However, such insurance company or
mutual burial association shall yearly, no later than January 31,
file in the office of the burial association administrator, on forms
supplied by the administrator, such information as the
administrator may require, in his discretion, pertaining to the
present policyholders who own burial association insurance in
amounts not exceeding two hundred dollars ($200.00). The
administrator may also, in his discretion, require a list of
members who had burial association insurance of two hundred
dollars ($200.00) or less who have died during the preceding 12
months and the benefits paid.
Authority G.S. 90-210.80.
04 NCAC 04 .0608 REQUIREMENTS OF
COMPANIES WRITING POLICIES
Any foreign or domestic insurance company or North Carolina
or foreign mutual burial association which assumes the assets
and liabilities of one or more domestic mutual burial
associations and which continues to write burial association
insurance policies in the amount of one hundred dollars
($100.00) or two hundred dollars ($200.00) to qualified
applicants shall continue to be subject to all the laws of North
Carolina, and the rules and regulations of the North Carolina
Mutual Burial Association Commission, specifically including,
but not limited to, audits, reports, and fees with respect to all
burial association insurance written in the amount of one
hundred dollars ($100.00) or two hundred dollars ($200.00).
Authority G.S. 90-210.80.
CHAPTER 34 - BOARD OF FUNERAL SERVICE
SUBCHAPTER 34A - BOARD FUNCTIONS
SECTION .0200 - FEES AND OTHER PAYMENTS
21 NCAC 34A .0203 REPORT TO GENERAL
ASSEMBLY
No later than October 31 of each calendar year, the Board shall
file the reports required by G.S. 93B-2. If the Board fails to
timely file a report, all funds received after October 31 shall be
deposited into an escrow account with a financial institution, as
such term is defined in G.S. 90-210.60(2), until the report has
been filed. Except where the provisions of G.S. 93B-2(d) are
preempted by federal law or where otherwise allowed by law,
the Board shall not expend any funds until the report has been
filed; provided, however, that such suspension shall be lifted and
such escrow shall terminate immediately upon deposit of the
delinquent report into the custody of the U.S. Postal Service by
certified U.S. mail return receipt requested. Any period of
suspension under G.S. 93B-2(d) shall have no effect upon the
right of a license or permit applicant to the issue or renewal of
any license or permit upon meeting all legal requirements;
provided, however, that this Rule shall not impose any duty
upon the Board to issue any license or permit outside its normal
operating procedures.
Authority G.S. 90-210.23(a); 93B-2(d).
SUBCHAPTER 34B - FUNERAL SERVICE
SECTION .0300 - LICENSING
24:19 NORTH CAROLINA REGISTER APRIL 1, 2010
1697