Subject 590-3-5 MERCHANDISE DEALERS
|(1)|| No merchandise dealer, as a condition of
installing merchandise in a perpetual care cemetery, may be required by the
cemetery owner or any other person to maintain insurance, bonds or other
coverage in excess of the following:
|(2)||With respect to subsection (1)(a), (1)(b), and (1)(c) hereof, in no event shall a cemetery owner require insurance coverage of any type in an amount greater than its own coverage.|
|(3)||No merchandise dealer, as a condition of installing merchandise in a perpetual care cemetery, may be required by the cemetery owner or any other person to provide proof of any insurance required by rule or regulation of the cemetery, as permitted by subsection (1)(a), (1)(b), (1)(c), (1)(d) or (1)(e), more frequently than once per year; provided, however, a cemetery may require a merchandise dealer to provide proof of any material change in coverage five (5) days prior to the installation of merchandise in the cemetery.|
|(1)||A cemetery owner may require that any person engaged in the retail sale of merchandise or merchandise services to consumers who wishes to install, place or set merchandise provide the cemetery with evidence that the person has a valid registration with the Secretary of State. No cemetery owner may refuse to allow a merchandise dealer to install merchandise due to any failure to provide such evidence unless and until the cemetery has obtained confirmation from the Secretary of State that such person is not registered. If a cemetery wishes to require proof that a merchandise dealer has obtained all necessary local or occupational licenses, then the cemetery may require copies of such licenses. No merchandise dealer, as a condition of installing merchandise in a perpetual care cemetery, may be required by the cemetery owner or any other person to provide proof of registration with the Secretary of State or other licenses more frequently than once per year. Provided, however, a cemetery may by rule require a merchandise dealer to provide proof of a change in registration with the Secretary of State or the status of other licenses five (5) days prior to the installation of merchandise in the cemetery.|
Rules and Regulations.
|(3)|| Approval of Merchandise.
|(4)||The cemetery owner shall be the scheduling agent for all activities conducted within the cemetery. The scheduling of burials takes priority over all other activities. Within two (2) business days of a request for installation by the installing person, the cemetery shall schedule the installation of merchandise to occur within five (5) business days, provided all the proper authorizations and other requirements have been delivered to and approved by the cemetery. The cemetery owner may require that the time of installation be set so that the installation and the clean up can be accomplished prior to the normal closing time of the cemetery. Any installation limitation imposed by a cemetery shall be reasonable; any limitation which restricts the days or times during which installation will be permitted will be presumed to be unreasonable if the cemetery does not permit installations during at least twenty (20) hours during the course of a work week, which is defined as Monday through Friday from 9:00 a.m. to 5:00 p.m., for the scheduling of installations by persons other than the cemetery. This presumption may be rebutted by proof of circumstances demonstrating the reasonableness of the limitation. Once the installation has been scheduled, the cemetery shall not require the merchandise dealer or installer to obtain confirmation from the cemetery of the scheduled installation. A scheduled installation shall be subject to change by the cemetery, with reasonable notice being given by the cemetery to the installer of the need to reschedule the installation, in the event it received notification of a death of an owner of burial rights located in such a location that the installation of the merchandise would interfere with the burial. Anything less than twenty-four (24) hours notice will be presumed unreasonable. This presumption may be rebutted by proof of circumstances demonstrating the reasonableness of the notice.|
|(5)||In the event a burial is taking place and in the determination of the cemetery the installation of merchandise will be considered an interference with the burial, the installing persons shall be required by the cemetery to withdraw until the funeral being conducted has concluded and those in attendance have left the cemetery at which time the installation of the merchandise may be continued.|
|(6)||Prior to the scheduled time of merchandise installation, the cemetery shall mark the place on the grave where the merchandise is to be installed by placing a flag, or other marker, thereon. Nothing in this rule is intended to imply or require that a cemetery shall have to perform any design work or labor associated with installing merchandise at the gravesite. If the cemetery is requested by the merchandise installer to perform any design work or labor associated with installing merchandise at the gravesite, and the cemetery provides such service, the fee for such service shall be disclosed on the cemetery's schedule of charges.|
|(7)||The cemetery owner shall not be liable for improper installation of merchandise not installed by the cemetery.|
|(8)||Nothing in this rule shall be construed as requiring a cemetery to replace stolen merchandise or portions thereof, or to replace or repair merchandise that is damaged due to vandalism or other causes beyond the cemetery's control.|
|(9)|| Installation Fee.