Section 0780-05-10-.14 - REGISTRATION OF PRE-NEED SELLERS AND PRE-NEED SALES AGENTS; FEES(1) No individual may offer or sell pre-need funeral contracts as defined in T.C.A. Title 62, Chapter 5, Part 4 without first registering with the commissioner as a pre-need sales agent.(2) No funeral establishment or other individual, firm, partnership, company, corporation, or association may offer or sell pre-need funeral contracts without first registering with the commissioner as a pre-need seller.(3) An application for registration as a pre-need seller or pre-need sales agent shall be submitted on a form prescribed by the commissioner and shall be accompanied by a nonrefundable fee as follows: (a) One thousand dollars ($1,000.00) for a pre-need seller;(b) Two hundred fifty dollars ($250.00) for a pre-need sales agent.(4) All registrations shall be valid for two (2) years and thereafter become invalid unless renewed. Failure to timely renew will require a new registration and payment of fees under subsection (3).(5) The commissioner may renew a certificate of registration provided that an application for renewal, accompanied by the following nonrefundable fee, is received by the commissioner no later than the date of expiration:(a) Seven hundred fifty dollars ($750.00) for a pre-need seller;(b) One hundred fifty dollars ($150.00) for a pre-need sales agent.(6) Any individual, funeral establishment, or other individual, firm, partnership, company, corporation or association that sells or offers to sell a pre-need funeral contract without a valid registration is subject to disciplinary action pursuant to Chapter 0780-05-10 of these rules and Tenn. Code Ann. Title 62, Chapter 5, Part 4.Tenn. Comp. R. & Regs. 0780-05-10-.14
Original rule filed October 22, 2002; effective January 5, 2003. Public necessity rule filed December 13, 2007; effective through May 26, 2008. Public necessity rule filed December 13, 2007, expired effective May 27, 2008. Rule reverted to its previous status. Public necessity rule filed June 4, 2008; effective through November 16, 2008. Public necessity rule filed June 4, 2008 expired effective November 17, 2008 and reverted to its previous status. Amendment filed November 26, 2008; effective February 9, 2009.Authority: T.C.A. § 62-5-404, 62-5-405, 62-5-405(a), (b), and (d) and 62-5-413(b) through (e).