1. A person, as defined in section 4.1, subsection 20, shall not engage in the business of selling, promoting, or otherwise entering into agreements to furnish, upon the future death of a person named or implied in the agreement, funeral services, property for use in funeral services, or funeral merchandise without an establishment permit as provided for in this section. An establishment doing business shall obtain a permit for each location.
2. An applicant for a permit under this section shall submit to the commissioner an application on a form provided by the commissioner. The application shall include at a minimum the following information:
a. The name and location of the applicant's business.
b. The name and location of the provider who will provide the funeral services or funeral merchandise.
c. The name and address of each owner, officer, or other official of the applicant's business, or in the event that the applicant is a corporation, the names and addresses of the chief executive officer and the members of the board of directors.
d. The types of professional services or funeral merchandise to be sold.
An application for a permit pursuant to this section shall be accompanied by a copy of each sales agreement the permit holder will use for sales of funeral services or funeral merchandise under section 523A.1.
A permit holder shall inform the commissioner of changes in the information within thirty days of the change.
3. The applicant for a permit shall submit a fee in the amount of fifty dollars.
4. Permits granted under this section are not assignable.
5. Upon the filing of an application for a permit, the commissioner shall issue the permit, unless the commissioner finds that any of the following apply:
a. The applicant is insolvent.
b. The applicant has failed to comply with any terms or conditions of this chapter and such failure is deemed by the commissioner to substantially impede the applicant's ability to abide by the provisions of this chapter.
c. The applicant has been convicted of a criminal offense involving dishonesty or false statement.
d. The applicant cannot provide the funeral services or funeral merchandise the applicant purports to sell.
6. If the commissioner does not grant the permit, the commissioner shall notify the applicant in writing of the denial and the reasons for the denial. The commissioner shall approve or deny every application for a license within ninety days after the filing thereof, but any failure of the commissioner to act within that time period shall not be deemed to be an approval of the application.
87 Acts, ch 30, §9; 90 Acts, ch 1213, § 4
Referred to in § 523A.10, 523E.9
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