AZ LAW BOOK

H. The court on receipt of an application for the appointment of a receiver or for a writ of ne exeat, or both, shall examine the verified application of the commissioner and such other evidence that the commissioner may present to the court. If satisfied that the interests of the public require the appointment of a receiver or the issuance of a writ of ne exeat without notice, the court shall issue an order appointing the receiver or issue the writ, or both. If the court determines that the interests of the public will not be harmed by the giving of notice, the court shall set a time for a hearing and require that such notice be given as the court deems satisfactory. I. If the court appoints a receiver without notice, the court shall further direct that a copy of the order appointing a receiver be served on the person engaged in or engaging in a practice declared to be unlawful under this article by delivering such order to the last address of the person which is on file with the real estate department. The order shall inform the person that he has the right to request a hearing within ten days after the date of the order, and if requested, the hearing shall be held within thirty days after the date of the order. 32-2194.04. Contract disclosures; contract disclaimers A. In all agreements and contracts for the sale of cemetery plots from a cemetery, a broker or agent shall clearly and conspicuously disclose the following information: 1. The nature of the document, including grave site designation. 2. The nature of the cemetery, whether endowed or not under the provisions of this article. 3. That the cemetery operator has received a certificate of authority from the department pursuant to section 32-2194.03 and that these records are available for examination at the department at the request of the purchaser. 4. A provision that all cemetery improvements for the area developed as defined in the application shall be completed by the date indicated in the application. 5. Whether the purchaser is subject to a fee for the following known services or goods associated with future plot use: (a) Opening or closing interment. (b) A marker, with or without a setting. (c) A vault liner purchased with the grave site. 6. Whether a marker or vault may be purchased separately from another vendor. 7. The policy of the cemetery regarding cancellations of contracts, including whether the cemetery issues refunds under canceled contracts. B. An agreement or contract which fails to make the disclosures required in subsection A of this section is unenforceable against the purchaser. 32-2194.05. Advertising material; contents; order prohibiting use A. Within ten days after request by the commissioner, the cemetery owner or agent shall file with the commissioner a copy of any promotional and advertising material of any kind used directly or indirectly in connection with the sale of cemetery plots or any material changes in the material. B. No advertising, communication or sales literature of any kind, including oral statements by salespersons or other persons, may contain: 1. Any untrue statement of material fact or any omission of material fact which would make the statement misleading in light of the circumstances under which the statement was made. 2. Any statement, representation or pictorial presentation of proposed improvements or nonexistent scenes without clearly indicating that the improvements are proposed and the scenes do not exist. C. All advertising and sales literature shall be consistent with the information contained in the notice of intention pursuant to section 32-2194.01 and shall otherwise comply with the rules of the commissioner. D. If it appears to the commissioner that any person is or has engaged in advertising or promotional practices in violation of this article, the commissioner may hold a hearing as a contested case under the provisions of title 41, chapter 6, article 10 and issue such order or orders as he deems necessary to protect the public interest or the commissioner may bring an action in any court of competent jurisdiction against the person to enjoin the person from continuing the violation. E. The commissioner may adopt rules and guidelines necessary to protect the public interest and to assure that all advertising and promotional practices with respect to land subject to the provisions of this article are not false or misleading.

Page 88

Law Book Revised 11.02.2017