21 NCAC 34D .0402. APPLICATION FOR REIMBURSEMENT

(a)  The Board shall furnish a form of application for reimbursement which shall require the following information:

(1)           The name and address of the applicant.

(2)           The name and address of the licensee under G.S. 90, Article 13D, who caused the alleged loss.

(3)           The amount of the alleged loss for which application for reimbursement is made.

(4)           A copy of any preneed funeral contract which was the basis of the alleged loss.

(5)           The date or period of time during which the loss was incurred.

(6)           A statement of facts relative to the application.

(7)           All supporting documents, including copies of court proceedings and other papers indicating the efforts of the applicant to obtain reimbursement from the licensee, insurance companies or others.

(8)           A documentation of any receipt of funds in partial payment of the loss.

(9)           Any other information the Board deems necessary as required by law.

(b)  The application form shall contain the following statement in boldface type:  "The North Carolina General Assembly in G.S. 90‑210.66 established the preneed recovery fund and directed the North Carolina Board of Funeral Service to provide for its funding and administration.  The establishment of the fund did not create or acknowledge any legal responsibility on the part of the Board for the acts, or failure to act, of persons, firms or corporations licensed by it.  All reimbursements of losses from the fund shall be a matter of privilege in the sole discretion of the Board and not a matter of right.  No applicant or member of the public shall have any right in the fund as a third-party beneficiary or otherwise."

(c)  An application shall be filed in the office of the Board.

 

History Note:        Authority G.S. 90-210.66(a), (c), (d), (f), (g); 90-210.69(a);

Eff. May 1, 1993.

Amended Eff. November 1, 2004.