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10.29.15.00.htm 10.29.15.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS Chapter 15 Family Security Trust Fund Authority: Health Occupations Article, §7-4A-01, 7-4A-03(h) 7-4A-04―7-4A-13, Annotated Code of Maryland
10.29.15.01.htm 10.29.15.01. 01 Scope.. A. This chapter governs the collection of fees from licensed funeral establishments for claimants to recover compensation from the Family Security Trust Fund for an actual pre-need trust fund loss that occurred in this State due to theft, embezzlement, false pretenses, forgery, fraud, or misrepresentation by a licensed mortician, funeral director, or holder of a surviving spouse license.B. This chapter applies to all preneed contracts entered into by a licensed
10.29.15.02.htm 10.29.15.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Advisory Committee” means a committee comprised of three Board members and a representative from two of the trade associations which is assisted by Board Counsel provided by the Attorney General’s Office and Board Administrative personnel to administer the Fund.2) "Board" means the Maryland State Board of Morticians and Funeral Directors.. 3) "Claim" means a reques
10.29.15.03.htm 10.29.15.03. 03 Mandatory Fees.. A. A licensed funeral establishment may not be exempt from the fees outlined in this regulation.. B. The Board shall send out fee notices to the licensed establishments via first class mail or by any electronic means by September 1.C. Annual payments shall be due on November 30 of every year. All active licensed establishments shall be required to pay a fee of $375 to the Family Security Trust Fund.D. A late fee of $500 will be assessed on December
10.29.15.04.htm 10.29.15.04. 04 The Family Security Trust Fund.. A. The Board shall:. 1) Collect the mandatory contributions;. 2) Deposit the funds;. 3) Track interest; and. 4) Process claims for loss that occurred on or after January 1, 2010.. B. All fees shall be deposited with the State Treasurer into a separate account known as the Family Security Trust Fund. The Fund may not be transferred to or revert to the General Fund of the State.C. All moneys deposited in the Fund shall be used
10.29.15.05.htm 10.29.15.05. 05 Filing a Claim.. A. Complaints shall be processed pursuant to COMAR 10.29.11.. B. The Board shall issue a final order against a licensee for violation involving a transaction that relates to preneed funeral planning that occurred in the State and falls within its jurisdiction.C. The claimant shall:. 1) Complete a claim form devised by the Board;. 2) Provide a signed preneed contract and copies of documentation of any and all money transactions regarding the preneed contract; and
10.29.15.06.htm 10.29.15.06. 06 Hearings.. Hearings shall be conducted in accordance with Health Occupations Article, §7-319, Annotated Code of Maryland.
10.29.15.07.htm 10.29.15.07. 07 Restitution.. A. A claimant may receive compensation from the Fund for an actual preneed trust fund loss that occurred on or after January 1, 2010. All payments shall be a matter to be decided by the full Board in its discretion.B. Restitution may only be obtained from the Fund if adequate funds are not available from the preneed seller.C. The amount of compensation recoverable by a claimant shall be restricted to the actual monetary loss incurred by the claimant.
10.29.15.08.htm 10.29.15.08. 08 Recovery of Funds.. A. In the event restitution is made to a claimant under this chapter, the Board may bring action to the extent authorized by statute against any person, including a licensee who is determined by the Board to be responsible for the claim.B. A licensee found guilty of malfeasance, misfeasance, default, failure, or insolvency may not be considered for reinstatement to an active status until all money paid from the fund is repaid in full, plus interest from the
10.29.15.9999.htm 10.29.15.9999. Administrative History Effective date: April 5, 2010 (37:7 Md. R. 571). Regulation .02B amended effective April 9, 2018 (45:7 Md. R. 345). Regulation .03 amended effective April 9, 2018 (45:7 Md. R. 345). Regulation .04 amended effective April 9, 2018 (45:7 Md. R. 345). Regulation .05 amended effective April 9, 2018 (45:7 Md. R. 345). Regulation .07 amended effective April 9, 2018 (45:7 Md. R. 345). Regulation .08A amended effective April 9, 2018 (45:7 Md. R. 345).
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