House Journal: Page 1360: Monday, April 23, 2001
9 d. Sharing and exchanging personnel.
10 e. Sharing and exchanging relevant information and
11 documents.
12 f. Formulating, in accordance with chapter 17A,
13 rules or proposed rules on matters such as statements
14 of policy, regulatory standards, guidelines, and
15 interpretive opinions.
16 Sec. . NEW SECTION. 523A.809 RULES, FORMS,
17 AND ORDERS.
18 1. Under chapter 17A, the commissioner may from
19 time to time make, amend, and rescind such rules,
20 forms, and orders as are necessary or appropriate for
21 the protection of purchasers and the public and to
22 administer the provisions of this chapter, its
23 implementing rules, and orders issued under this
24 chapter.
25 2. A rule, form, or order shall not be made,
26 amended, or rescinded unless the commissioner finds
27 that the action is necessary or appropriate in the
28 public interest or for the protection of purchasers
29 and consistent with the purposes fairly intended by
30 the policies and provisions of this chapter, its
31 implementing rules, and orders issued under this
32 chapter.
33 3. A provision of this chapter imposing any
34 liability does not apply to any act done or omitted in
35 good faith in conformity with any rules, form, or
36 order of the commissioner, notwithstanding that the
37 rule, form, or order may later be amended or rescinded
38 or be determined by judicial or other authority to be
39 invalid for any reason.
40 Sec. . NEW SECTION. 523A.810 DATE OF FILING
41 AND INTERPRETIVE OPINIONS.
42 1. A document is filed when it is received by the
43 commissioner.
44 2. Requests for interpretive opinions may be
45 granted in the commissioner's discretion.
46 Sec. . NEW SECTION. 523A.811 RECEIVERSHIPS.
47 1. The commissioner shall notify the attorney
48 general of the potential need for establishment of a
49 receivership if the commissioner finds that a seller
50 subject to this chapter meets one or more of the
Page 40
1 following conditions:
2 a. Is insolvent.
3 b. Has utilized trust funds for personal or
4 business purposes in a manner inconsistent with this
5 chapter.
6 c. The amount of funds currently held in trust for
7 cemetery merchandise, funeral merchandise, and funeral
© 2001 Cornell College and
League of Women Voters of Iowa
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