75-63-73 - Examination of business or person offering preneed funeral services and merchandise; records open to inspection; subpoena power of Secretary of State.
§ 75-63-73. Examination of business or person offering preneed funeral services and merchandise; records open to inspection; subpoena power of Secretary of State.
The Secretary of State shall, as often as he deems necessary, examine the business of any person or business offering preneed funeral services and merchandise, whether or not registered in compliance with this article. Any person or business so examined shall produce, upon request, all records requested by the Secretary of State's examiners. Any trustee or trust institution for a preneed funeral trust shall disclose to the Secretary of State any information regarding preneed trust accounts maintained by the trustee.
The records in the possession of any insurance company, third-party administrator, burial association, banking or trust institution, investment services company, funeral home establishment, crematory, cemetery, or any vendor, person or entity are open to inspection to any of the Secretary of State's examiners or investigators carrying out the provisions of this article.
For the purpose of any investigation or proceeding under this article, the Secretary of State, or any officer designated by him, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records in the possession of any insurance company, third-party administrator, burial association, banking or trust institution, investment services company, funeral home establishment, crematory, cemetery, or any vendor, person or entity, whether located within or outside of this state, that the Secretary of State deems relevant or material to the inquiry.
Sources: Laws, 2001, ch. 513, § 12; Laws, 2009, ch. 549, § 12, eff from and after July 1, 2009.