House Journal: Page 1348: Monday, April 23, 2001
21 application within thirty days after receipt, but the
22 commissioner's failure to act within that time period
23 shall not be deemed approval of the application. If
24 the commissioner does not grant the permit, the
25 commissioner shall notify the applicant in writing of
26 the reasons for the denial.
27 9. The commissioner may by rule create or accept a
28 multijurisdiction sales permit. If the sales permit
29 is issued by another jurisdiction, the rules shall
30 require the filing of an application or notice form
31 and payment of the applicable filing fee of five
32 dollars for each year. The application or notice form
33 utilized and the effective dates and terms of the
34 permit may vary from the provisions set forth in
35 subsections 3 and 5.
36 Sec. . NEW SECTION. 523A.503 DENIAL,
37 SUSPENSION, REVOCATION, AND SURRENDER OF PERMITS.
38 1. The commissioner may, pursuant to chapter 17A,
39 deny any permit application or immediately suspend or
40 revoke any permit issued under this chapter for
41 several reasons, including but not limited to:
42 a. Committing a fraudulent act, engaging in a
43 fraudulent practice, or violating any provision of
44 this chapter or, any implementing rule or order issued
45 under this chapter.
46 b. Violating any other state or federal law
47 applicable to the conduct of the applicant's or permit
48 holder's business.
49 c. Insolvency or financial condition.
50 d. The permit holder, for the purpose of avoiding
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1 the trust requirement for funeral services, attributes
2 amounts paid under the purchase agreement to cemetery
3 merchandise or funeral merchandise that is delivered
4 under section 523A.404 rather than to funeral services
5 sold to the purchaser. The sale of funeral services
6 at a lower price when the sale is made in conjunction
7 with the sale of cemetery merchandise or funeral
8 merchandise to be delivered under section 523A.404
9 than the services are regularly and customarily sold
10 for when not sold in conjunction with cemetery
11 merchandise or funeral merchandise is evidence that
12 the permit holder is acting with the purpose of
13 avoiding the trust requirement for funeral services
14 under section 523A.201.
15 e. Engaging in a deceptive act or practice or
16 deliberately misrepresenting or omitting a material
17 fact regarding the sale of cemetery merchandise,
18 funeral merchandise, funeral services, or a
19 combination thereof under this chapter.
© 2001 Cornell College and
League of Women Voters of Iowa
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