Okla. Stat. tit. 36, § 36-7124
This is the official text of Okla. Stat. tit. 36, § 36-7124, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Administration of act – Appeals – Exemption for prepaid
Official statutory text
plans.
A. The Cemetery Merchandise Trust Act, Sections 7121 through
7135 of this title, shall be administered by the Insurance
Commissioner. The Commissioner is authorized to promulgate
reasonable rules concerning the keeping and inspection of records,
the filing of contracts and reports, investments of and handling of
the trust funds, and all other matters concerning the orderly
administration and implementation of the Cemetery Merchandise Trust
Act. All prepaid cemetery merchandise contracts shall be in
writing, and no contract form created after July 1, 2010, shall be
used without first being submitted to, and approved by, the
Commissioner.
B. An organization aggrieved by an action or order of the
Commissioner may appeal the action or order to the Oklahoma
Insurance Department in accordance with Article II of the
Administrative Procedures Act.
C. The provisions of the Cemetery Merchandise Trust Act shall
not be applicable to any organization that has obtained a permit
pursuant to Section 6121 of this title if the organization is in
compliance with the provisions of Sections 6121 through 6136.18 of
this title with respect to items that are considered cemetery
merchandise pursuant to the Cemetery Merchandise Trust Act.
Oklahoma Statutes - Title 36. Insurance Page 1490
D. Unless sold pursuant to a permit issued under Section 6121
of this title, no organization in Oklahoma may sell, in advance of
actual need, the services of opening or closing a burial space, as
defined in Section 7102 of this title, unless the organization
deposits in trust no less than sixty-five percent (65%) of the
principal amount of the services sold, or maintains a surety bond
for the full principal amount of the services sold. Any contracts
for services sold before July 1, 2010, remain enforceable by the
purchaser against the seller.
A. The Cemetery Merchandise Trust Act, Sections 7121 through
7135 of this title, shall be administered by the Insurance
Commissioner. The Commissioner is authorized to promulgate
reasonable rules concerning the keeping and inspection of records,
the filing of contracts and reports, investments of and handling of
the trust funds, and all other matters concerning the orderly
administration and implementation of the Cemetery Merchandise Trust
Act. All prepaid cemetery merchandise contracts shall be in
writing, and no contract form created after July 1, 2010, shall be
used without first being submitted to, and approved by, the
Commissioner.
B. An organization aggrieved by an action or order of the
Commissioner may appeal the action or order to the Oklahoma
Insurance Department in accordance with Article II of the
Administrative Procedures Act.
C. The provisions of the Cemetery Merchandise Trust Act shall
not be applicable to any organization that has obtained a permit
pursuant to Section 6121 of this title if the organization is in
compliance with the provisions of Sections 6121 through 6136.18 of
this title with respect to items that are considered cemetery
merchandise pursuant to the Cemetery Merchandise Trust Act.
Oklahoma Statutes - Title 36. Insurance Page 1490
D. Unless sold pursuant to a permit issued under Section 6121
of this title, no organization in Oklahoma may sell, in advance of
actual need, the services of opening or closing a burial space, as
defined in Section 7102 of this title, unless the organization
deposits in trust no less than sixty-five percent (65%) of the
principal amount of the services sold, or maintains a surety bond
for the full principal amount of the services sold. Any contracts
for services sold before July 1, 2010, remain enforceable by the
purchaser against the seller.
Status: in_force · Read it on the official government site
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