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Rule Title: CONTRACT FOR FUNERAL GOODS AND SERVICES
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Department: LABOR AND INDUSTRY, DEPARTMENT OF
Chapter: BOARD OF FUNERAL SERVICE
Subchapter: Substantive Rules
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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24.147.411    CONTRACT FOR FUNERAL GOODS AND SERVICES

(1) The current address, telephone number and name of the board of funeral service shall appear prominently on any contract for funeral goods and services offered by a private cemetery, crematory or mortuary. At a minimum, the information shall be in 10-point boldface type and make the following statement: "FOR MORE INFORMATION ON STATE CEMETERY, CREMATION AND MORTUARY REGULATIONS CONTACT: BOARD OF FUNERAL SERVICE, 301 SOUTH PARK, P.O. BOX 200513, HELENA, MT 59620-0513; TELEPHONE NUMBER (406) 841-2393."

(2) Every contract of a cemetery authority, including contracts executed in behalf thereof by a cemetery broker or salesman, which provides for the sale by the cemetery authority of an interment plot or any service or merchandise, shall be in writing and shall contain all of the agreements of the parties. Such a contract shall include and disclose the following:

(a) the total contract price;

(b) terms of payment, including any promissory notes or other evidences of indebtedness; and

(c) an itemized statement of charges including, as applicable, the following:

(i) charges for an interment plot;

(ii) charges for performing burial, entombment or inurnment;

(iii) charges for a monument or marker;

(iv) charges for any services to be rendered in connection with any religious or other observance at the site of interment or in any facility maintained by the cemetery;

(v) amounts to be deposited in the perpetual care and maintenance or special care fund; and

(vi) any other charges, which shall be particularized.

(3) In addition to any right of rescission which the purchaser may have under law, a purchaser entering into a contract with a cemetery manager, salesman or authority for the provision of an interment plot or any service or merchandise, may cancel such contract without payment of a revocation fee or other penalty, within five calendar days after the purchaser signs it, by giving written notice of cancellation to the seller at the address specified in the contract. The notice need not be in any particular form, but shall indicate the purchaser's intent not to be bound by the contract. Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid.

(4) Every such cemetery contract shall contain in immediate proximity to the space reserved for the purchaser's signature, in a size equal to at least 10-point boldface type, the following statement: "YOU, THE PURCHASER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE FIFTH CALENDAR DAY AFTER THE DATE OF THIS TRANSACTION, PROVIDED NO INTERMENT, SUBSTANTIAL SERVICE OR FUNERAL GOODS HAVE BEEN PROVIDED HEREUNDER. TO CANCEL, DELIVER OR MAIL WRITTEN NOTICE OF YOUR INTENT TO (NAME AND ADDRESS OF CEMETERY AUTHORITY OR CEMETERY MANAGER) ."

(5) Upon receipt of a valid notice of cancellation pursuant to this rule, the cemetery authority or manager having custody of any money or property paid or transmitted by the purchaser on account of the preneed contract, shall return such money or property to the purchaser. The cemetery authority or manager shall promptly notify the trustee if any such money or property has been transmitted thereto prior to receipt of the notice of cancellation. It shall be unlawful for any person to retain money or property received from a purchaser under such contract more than five business days after receiving or being apprized of a valid notice of cancellation.

(6) Notwithstanding other provisions of this rule, the right of cancellation granted hereby shall not be applicable if an interment has been made, or substantial services or merchandise provided, under the terms of the contract.

History: 37-19-807, MCA; IMP, 37-19-807, 37-19-822, 37-19-823, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.


 

 
MAR Notices Effective From Effective To History Notes
6/30/2000 Current History: 37-19-807, MCA; IMP, 37-19-807, 37-19-822, 37-19-823, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.
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