New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 36 - STATE BOARD OF MORTUARY SCIENCE
Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS
Section 13:36-11.13 - Return of prepaid moneys upon revocation or impossibility to perform; transfer of preneed arrangements or prepaid agreements; presumption of intent
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any request by a purchaser or other authorized person for revocation or for a refund of a funeral trust fund shall be fully complied with by the provider within 14 days from receipt of the request.
(b) Any request by a purchaser or other authorized person for severing or cancellation of the funding of a newly issued funeral insurance policy shall be forwarded in writing by the provider to the appropriate insurance company no later than three days from receipt of the request.
(c) Any request by a purchaser or other authorized person to assign or to transfer a preneed funeral arrangement or the funding for a prepaid funeral agreement to a new provider and registered mortuary shall be fully complied with by the provider within 10 days of the request.
(d) The new provider (as described in (c) above) shall comply with all of the requirements of this subchapter and the preneed statutes regarding the establishment and maintenance of the preneed funeral agreement and preneed funeral arrangement, including the immediate making of a new prepaid funeral agreement and preneed funeral arrangement.
(e) If a provider is unable to furnish prepaid goods or services requested due to revocation of a prepaid funeral agreement or funding therefor, or is unable to perform due to the impossibility of performance:
(f) In the case of a funeral agreement funded by a funeral insurance policy, the provider shall make all necessary inquiries of the insurance company after receiving a request for severance or cancellation from an authorized party.
(g) A provider shall be entitled to presume that at the time of need, any prepaid funeral agreement and preneed funeral arrangement on file are those intended, unless the funeral recipient's personal representative, in the order provided in N.J.S.A. 45:27-22, actually makes changes in said agreement or arrangements.
