Sec. 10. The board shall do the following:

(1) Determine compliance with IC 23-14 by cemetery owners.

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Terms Used In Indiana Code 25-15-9-10

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(2) Investigate a complaint alleging a violation of IC 23-14.

(3) For a violation of IC 23-14 by a cemetery owner, if necessary, take any combination of the following actions:

(A) Issue an appropriate order to correct the violation.

(B) Suspend the seller’s certificate of authority issued under IC 30-2-13.

(C) Censure the cemetery owner.

(D) Issue a letter of reprimand.

(E) Assess a civil penalty against the cemetery owner in an amount not to exceed five thousand dollars ($5,000) for each violation, except for a finding of incompetency due to a physical or mental disability. When imposing a civil penalty, the board shall consider a cemetery owner’s ability to pay the amount assessed.

(F) Refer the matter to the attorney general or prosecuting attorney for enforcement.

As added by P.L.48-1991, SEC.31. Amended by P.L.2-1992, SEC.769; P.L.207-1993, SEC.23; P.L.249-2019, SEC.79; P.L.113-2022, SEC.16.