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House Journal: Page 1361: Monday, April 23, 2001

8 services is less than eighty percent of all payments
9 made under the purchase agreements referred to in
10 section 523A.201.
11 d. Has refused to pay any just claim or demand
12 based on a purchase agreement referred to in section
13 523A.201.
14 e. The commissioner finds upon investigation that
15 a seller is unable to pay any claim or demand based on
16 a purchase agreement which has been legally determined
17 to be just and outstanding.
18 2. The commissioner or attorney general may apply
19 to the district court in any county of the state for
20 the establishment of a receivership. Upon proof of
21 any of the grounds for a receivership described in
22 this section, the court may grant a receivership.
23 Sec. . NEW SECTION. 523A.812 INSURANCE
24 DIVISION'S REGULATORY FUND.
25 The insurance division may authorize the creation
26 of a special revenue fund in the state treasury, to be
27 known as the insurance division regulatory fund. The
28 commissioner shall allocate annually from the fees
29 paid pursuant to section 523A.204, two dollars for
30 each purchase agreement reported on an establishment
31 permit holder's annual report for deposit to the
32 regulatory fund. The remainder of the fees collected
33 pursuant to section 523A.204 shall be deposited into
34 the general fund of the state. The moneys in the
35 regulatory fund shall be retained in the fund. The
36 moneys are appropriated and, subject to authorization
37 by the commissioner, may be used to pay auditors,
38 audit expenses, investigative expenses, the expenses
39 of mediation ordered by the commissioner, consumer
40 education expenses, the expenses of a toll-free
41 telephone line to receive consumer complaints, and the
42 expenses of receiverships established under section
43 523A.811. An annual allocation to the regulatory fund
44 shall not be imposed if the current balance of the
45 fund exceeds two hundred thousand dollars.
46 Sec. . NEW SECTION. 523A.813 LICENSE
47 REVOCATION - RECOMMENDATION BY COMMISSIONER TO BOARD
48 OF MORTUARY SCIENCE EXAMINERS.
49 Upon a determination by the commissioner that
50 grounds exist for an administrative license revocation

Page 41

1 or suspension action by the board of mortuary science
2 examiners under chapter 156, the commissioner may
3 forward to the board the grounds for the
4 determination, including all evidence in the
5 possession of the commissioner, so that the board may
6 proceed with the matter as deemed appropriate.


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