452.735 - Unlawful acts; investigation by Administrator. - Nevada Statutes

452.735  Unlawful acts; investigation by Administrator.

      1.  It is unlawful for a cemetery authority, its officers, employees or agents, or a seller or agent certified or licensed pursuant to NRS 689.450 to 689.595, inclusive, to:

      (a) Represent that a trust fund for the endowment care of the cemetery is perpetual or permanent; or

      (b) Sell, offer for sale or advertise any plot under representation that the plot is under endowment care,

Ê before a trust fund for the endowment care of the cemetery has been established for the cemetery in which the plot is situated.

      2.  The Administrator, for the purpose of ascertaining the assets, conditions and affairs of a cemetery for pets, may examine the books, records, documents and assets of a cemetery for pets operating, or being organized to operate as such a cemetery, in this state and may make any other investigations as may be necessary to determine that the cemetery is complying fully with the provisions of NRS 452.705 to 452.740, inclusive.

      3.  The provisions of NRS 679B.230 to 679B.300, inclusive, apply to any examination conducted under this section. Unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “cemetery authority” or the person being examined.

      (Added to NRS by 1993, 2753)

      NRS 452.740  Violations: Liability; penalty.  Any person violating any of the provisions of NRS 452.710 to 452.725, inclusive, or 452.735 is personally liable for the violation and is guilty of a misdemeanor.

      (Added to NRS by 1993, 2754)