(1) (a) A contract seller shall not enter into a preneed contract or accept any funds or other consideration without a license from the commissioner. To be valid, an application for an initial license must be in writing, signed by the applicant, and duly verified on forms furnished by the commissioner. Each application must be accompanied by payment of five hundred dollars and either:
A current balance sheet, income statement, and statement of cash flow to demonstratethat the business has a net worth of at least ten thousand dollars, signed by a certified public accountant ("CPA"), or, if prepared by the applicant or public accountant, accompanied by a current tax return; or
A surety bond of at least ten thousand dollars to honor preneed contract obligations.
(b) (I) With the submission of the initial application described in paragraph (a) of this subsection (1), each applicant shall submit a set of fingerprints to the commissioner. The commissioner shall forward such fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation.
(I.5) When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this subsection (1)(b) reveal a record of arrest without a disposition, the commissioner shall require that applicant to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d).
(II) For purposes of this paragraph (b), "applicant" means an individual and, in the case of a corporation, each officer and director of the corporation.
(2) Upon receipt of a complete initial application and license fee, the commissioner shall issue a license to the applicant unless the commissioner determines that:
The applicant has made false statements or misrepresentations in such application; or
The applicant does not meet the conditions of subsection (1) of this section; or
The applicant is not duly authorized to transact business in the state of Colorado; or
Any officer, director, or controlling shareholder of the applicant has been convictedof a crime involving fraud or misappropriation or misuse of funds; or
The applicant has not filed a preneed contract, general provider contract, or trustagreement and assignment form, where applicable, which comply with the provisions of this article; or
The applicant is an insurance company.
(3) (a) The contract seller shall keep accurate accounts, books, and records of all transactions, copies of all preneed contracts, dates and amounts of payments made and accepted thereon, the name and address of each contract buyer, copies of all annual reports, the name of the preneed contract beneficiary as to each preneed contract, the name of the trustee holding trusted funds received under each preneed contract, copies of statutory reports made to the trustee and statutory reports provided by the trustee, and any other information necessary to verify compliance with the provisions of this article.
(b) Such records as stated in paragraph (a) of this subsection (3) shall be kept by the contract seller for at least five years following the earliest of the following:
The death of the preneed contract beneficiary; or
The removal of funds from trust; or
The termination of the assignment of life insurance benefits.
(4) (a) The commissioner may investigate the books, records, and accounts of a contract seller to ensure that trust funds, preneed contracts, and preneed insurance policies comply with this article. The commissioner, or a qualified person designated by the commissioner, may examine the books, records, and accounts of the contract seller as often as necessary upon receiving a complaint or indication of noncompliance and may require the attendance of and examine under oath all persons whose testimony the commissioner needs for this purpose.
(b) The commissioner shall make every reasonable effort to utilize examiners employed by the division of insurance in preference to designating persons who are not employees of the division of insurance to perform examinations. If evidence of a violation of this article is known, the commissioner may designate a qualified person who is not an employee of the division of insurance to examine a contract seller, and the contract seller shall directly pay the reasonable expenses and charges of the examiner. The examinee may contest the amount of fees, costs, and expenses charged by the examiner by filing an objection with the commissioner that sets forth the charges the examinee considers to be unreasonable, together with the basis for disputing the charges. Amounts that are disputed are not due to the examiner until the commissioner has reviewed the objection and made a written finding that the disputed charges were reasonable for the examination performed.
(5) (a) Every license shall expire on June 30. Every license shall be renewed annually and automatically extended upon filing of a complete application on a form provided by the commissioner, demonstration of compliance with the conditions of subsection (2) of this section, payment of the fee prescribed in paragraph (b) of this subsection (5), and the filing of the annual report which shall be due by March 31 of each year. A filing made later than March 31 may be subject to a late fee of up to one hundred dollars per day for each day received after such date. If the contract seller is in compliance with this section, the contract seller shall be deemed licensed unless and until notified by the commissioner that the renewal does not comply with this section.
(b) The annual renewal fee shall be based upon the aggregate preneed contract price of all preneed contracts outstanding at the end of each calendar year. If the aggregate preneed contract price is:
One hundred thousand dollars or less, the annual renewal fee shall be one hundreddollars;
Greater than one hundred thousand dollars but not exceeding five hundred thousanddollars, the annual renewal fee shall be two hundred dollars;
Greater than five hundred thousand dollars but not exceeding one million dollars,the annual renewal fee shall be five hundred dollars;
Greater than one million dollars but not exceeding five million dollars, the annualrenewal fee shall be one thousand dollars;
Greater than five million dollars but not exceeding ten million dollars, the annualrenewal fee shall be one thousand five hundred dollars;
In excess of ten million dollars, the annual renewal fee shall be two thousand dollars.
(6) Notwithstanding the amount specified for any fee in this section, the commissioner by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commissioner by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
Source: L. 95: Entire article R&RE, p. 1034, § 1, effective May 25. L. 98: (6) added, p. 1328, § 32, effective June 1. L. 2002: (1) amended, p. 971, § 3, effective June 1. L. 2010: (4) amended, (HB 10-1220), ch. 197, p. 853, § 11, effective July 1. L. 2013: (1)(a) and (4) amended, (SB 13-125), ch. 287, p. 1516, § 2, effective August 7. L. 2019: (1)(b)(I.5) added, (HB 19-1166), ch. 125, p. 538, § 4, effective April 18.
Editor's note: This section is similar to former § 10-15-103 as it existed prior to 1995.