75-63-56 - Denial, suspension, revocation, cancelation or nonrenewal of registration; grounds; cease and desist order; freezing of disbursements from trust under exceptional circumstances. - Mississippi Statutes

§ 75-63-56. Denial, suspension, revocation, cancelation or nonrenewal of registration; grounds; cease and desist order; freezing of disbursements from trust under exceptional circumstances.
 

(1)  The Secretary of State may deny, suspend, revoke, cancel or nonrenew any registration on the following grounds: 

(a) The applicant or registrant has failed to comply with a provision of this article or any valid rule, regulation or order that the Secretary of State has issued; 

(b) The registrant has obtained its registration through misrepresentation or fraud or the applicant has attempted to obtain a registration through misrepresentation or fraud; 

(c) An officer, director, manager or owner of the applicant or registrant has improperly withheld, misappropriated or converted any monies or properties received in the course of the prepaid funeral contracts business to the registrant's or applicant's own use; 

(d) An officer, director, manager or owner of the registrant or applicant has been found to have committed any unfair trade practice or fraud during the course of prepaid funeral contracts business; 

(e) The registrant or applicant failed to provide a written response after receipt of a written inquiry from the Secretary of State or his representative as to transactions under the registration within fourteen (14) days after receipt thereof, unless the Secretary of State or his representative knowingly waives the timely response requirement in writing; 

(f) The registrant or applicant has refused to be examined or produce any of his accounts, records or files for examination or has failed to cooperate with the Secretary of State in an investigation when requested by the Secretary of State or his representative; 

(g) The registrant or applicant is indebted to the Secretary of State for any unpaid fine, penalties or fees; 

(h) The registrant or applicant does not possess an active license for the practice of funeral service or a funeral director's license or licensed funeral establishment, if applicable, in good standing from the Mississippi State Board of Funeral Service; or 

(i) The registrant or applicant is in violation of any of the provisions contained in the Mississippi Cemetery Law, Section 41-43-31 et seq. 

(2)  The Secretary of State may issue a cease and desist order, with or without a prior hearing, against the registrant, applicant, or other person or persons engaged in any prohibited act or practice directing them to cease and desist from further illegal activity, including the sale of preneed contracts, when there appears to be an immediate harm or threat of harm to consumers impacting public safety, health or welfare. If the Secretary of State finds in his order that the public health, safety or welfare imperatively requires emergency action, the Secretary of State may also summarily suspend any registration issued by him, but shall promptly hold an administrative hearing regarding the suspension or any order of cease and desist issued without a prior hearing. In those cases, the Secretary of State must convene a full hearing on the issues within ten (10) calendar days of the order of cease and desist or suspension. 

(3)  In exceptional circumstances where there appears an immediate harm or threat of harm to consumers due to a prohibited act or practice, the Secretary of State may issue an order to any trust officer or trust institution freezing any disbursements from a trust until the time that the Secretary of State may convene a full hearing on the matter prompting the order. In those cases, the Secretary of State shall convene a full hearing on the issues within ten (10) calendar days of the order, after which the Secretary of State may extend or lift the order. 
 

Sources: Laws, 2009, ch. 549, § 3, eff from and after July 1, 2009.