House Journal: Page 1355: Monday, April 23, 2001
14 the delivery, use, or installation of the cemetery
15 merchandise or funeral merchandise at the time of the
16 funeral or burial unless the purchase agreement
17 expressly provides otherwise.
18 SUBCHAPTER 8
19 ADMINISTRATION AND ENFORCEMENT
20 Sec. . NEW SECTION. 523A.801 ADMINISTRATION.
21 1. This chapter shall be administered by the
22 commissioner. The deputy administrator appointed
23 pursuant to section 502.601 shall be the principal
24 operations officer responsible to the commissioner for
25 the routine administration of this chapter and
26 management of the administrative staff. In the
27 absence of the commissioner, whether because of
28 vacancy in the office due to absence, physical
29 disability, or other cause, the deputy administrator
30 shall, for the time being, have and exercise the
31 authority conferred upon the commissioner. The
32 commissioner may by order from time to time delegate
33 to the deputy administrator any or all of the
34 functions assigned to the commissioner in this
35 chapter. The deputy administrator shall employ
36 officers, attorneys, accountants, and other employees
37 as needed for administering this chapter.
38 2. It is unlawful for the commissioner or any
39 administrative staff to use for personal benefit any
40 information which is filed with or obtained by the
41 commissioner and which is not made public. This
42 chapter does not authorize the commissioner or any
43 such staff member to disclose any such information
44 except among themselves or to other cemetery and
45 funeral administrators, regulatory authorities, or
46 governmental agencies, or when necessary and
47 appropriate in a proceeding or investigation under
48 this chapter or as required by chapter 22. This
49 chapter neither creates nor derogates any privileges
50 that exist at common law or otherwise when documentary
Page 35
1 or other evidence is sought under a subpoena directed
2 to the commissioner or any administrative staff.
3 Sec. . NEW SECTION. 523A.802 SCOPE.
4 1. This chapter applies to any advertisement,
5 sale, promotion, or offer made by a person to furnish,
6 upon the future death of a person named or implied in
7 a purchase agreement, cemetery merchandise, funeral
8 merchandise, funeral services, or a combination
9 thereof. Burial accounts and insurance policies are
10 included if the account records or related documents
11 identify the establishment that will provide the
12 cemetery merchandise, funeral merchandise, funeral
© 2001 Cornell College and
League of Women Voters of Iowa
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