Prohibition of Certain Persons From Employment; Notice and Hearing; Emergency Orders

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Cemetery and Funeral Services
  5. Prohibition of Certain Persons From Employment; Notice and Hearing; Emergency Orders

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  1. The Secretary of State, by order, may prohibit a person who is an employee, officer, independent contractor, or other agent directly involved in the sale of burial rights, burial or funeral merchandise, or burial or funeral services from employment or other association with a registrant under this chapter if the Secretary of State finds that such is in the public interest and that said person:
    1. Has willfully made or caused to be made, in any documents filed with the Secretary of State under this chapter, or in any hearings conducted by the Secretary of State, any statement which, at the time and in the light of the circumstances under which it was made, was false or misleading with respect to any material fact, or has willfully omitted to state in any application any material fact which is required to be stated therein or necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading;
    2. Has willfully violated or willfully failed to comply with any provision of this chapter or a predecessor law or any regulation or order promulgated or issued under this chapter or any predecessor law;
    3. Has been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or has been convicted of a felony;
    4. Has engaged in any unethical or dishonest practices in the funeral or cemetery business; or
    5. Is permanently or temporarily enjoined, suspended, or barred by any court of competent jurisdiction or by any state or other jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the funeral or cemetery business.
  2. Where the Secretary of State finds that there are grounds for the prohibition from employment provided in this Code section, he or she may issue an order prohibiting an employee, officer, independent contractor, or other agent directly or indirectly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions from employment with a registered cemetery or preneed dealer. Such an order shall not be effective until notice and opportunity for hearing are provided in accordance with Code Section 10-14-23 and until the Secretary of State shall issue a written order in accordance with Code Section 10-14-23; but the Secretary of State may, if he or she finds that the public safety or welfare requires emergency action, immediately issue an order prohibiting such person from such employment. Such an order of immediate prohibition will expire automatically if the Secretary of State fails to afford notice and opportunity for hearing pursuant to Code Section 10-14-23.

(Code 1981, §44-3-133, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Ga. L. 1986, p. 1468, § 3; Code 1981, §10-14-8, as redesignated by Ga. L. 2000, p. 882, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1985, in the first sentence of subsection (b) "provided in this Code section" was substituted for "herein provided".

Pursuant to Code Section 28-9-5, in 1986, "of State" was inserted following "Secretary" throughout subsection (b).

OPINIONS OF THE ATTORNEY GENERAL

Understanding "amount to be placed in trust" and "itemization".

- The "amount to be placed in trust" is to be listed separately on the written contract, and it is, therefore, not a part of the "itemization" of the fees and charges to the customer for the sale of any burial rights, burial or funeral merchandise, or burial or funeral services. 2017 Op. Att'y Gen. No. U2017-4.


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