Section 1267.1 - Funeral Establishments Intending to Cease Business Operations(a) A funeral establishment intending to cease engaging in business operations and transfer its preneed funeral agreements to a licensed successor funeral establishment under Sections 7737 and 7737.1 of the Code shall do all of the following: (1) At least 60 days prior to the cessation of operations, provide each beneficiary, trustor, or legal representative of the beneficiaries or trustors of each of the establishment's preneed agreements, and each trustee holding the preneed funeral trusts associated with each preneed funeral agreement ("consumers") a written notice that their preneed funeral agreements will be transferred to the licensed successor funeral establishment using the form 12-PASFD (New 1/23) required by subdivision (c) of Section 1274,(2) Prior to the cessation of business operations, provide the bureau with a copy of the notice provided to consumers specified in subsection (a)(1) and a list of all preneed funeral agreements transferred to the licensed successor funeral establishment; and,(3) Prior to the cessation of business operations, provide the licensed successor funeral establishment with a copy of the notice to consumers specified in subsection (a)(1) and proof that the notice was provided to the consumers as specified in this section.(b) A funeral establishment intending to cease engaging in business operations without a transfer of the preneed funeral agreements to a licensed successor funeral establishment shall give written notice to each beneficiary or trustor of the preneed funeral agreements associated with the original funeral establishment, and the trustees holding the preneed funeral trusts associated with the preneed funeral agreements ("consumers") of the cancellation of their preneed funeral agreements at least 60 days prior to the cessation of business operations using the form 12-PACE (New 1/23) in compliance with subdivision (b) of Section 1274. At least 60 days prior to the cessation of business operations, copies of the notice provided to each beneficiary, trustor, and/or trustee required by this subdivision shall also be provided to the bureau by regular mail.(c) "Proof that the notice was provided" shall mean proof of service of any notice required by this section to consumers by mail by completion of a "written certification of service by mail" section on the form 12-PASFD (New 1/23) or form 12-PACE (New 1/23), whichever is applicable, incorporated by reference in Section 1274.Cal. Code Regs. Tit. 16, § 1267.1
1. New section filed 2-9-2023; operative 2-9-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 6). Note: Authority cited: Sections 7606, 7737.1 and 7740, Business and Professions Code. Reference: Sections 7737, 7737.1 and 7740, Business and Professions Code.
1. New section filed 2-9-2023; operative 2/9/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 6).