Title 10, Chapter 14, Section 14
( 10-14-14)
(a) The administration of the provisions of this chapter shall be
vested in the Secretary of State, who may delegate such of his or
her powers and duties under this chapter to a subordinate of the
office as he or she shall deem appropriate. (b) The Secretary of State shall keep a record of all proceedings
related to his or her duties under this chapter and shall keep
records in which shall be entered the names of all cemeteries,
preneed dealers, preneed sales agents, and burial or funeral
merchandise dealers to whom certificates of registration are issued,
which records shall be open at all times for public inspection. (c) The Secretary of State shall have the authority to administer
oaths in, and to prescribe forms for, all matters arising under this
chapter. (d) The Secretary of State shall have authority to employ examiners,
clerks and stenographers, and other employees as the administration
of this law may require. The Secretary of State shall also have
authority to appoint and employ investigators who shall have, in any
case in which there is a reason to believe a violation of this
chapter has occurred or is about to occur, the right and power to
serve subpoenas and to swear out and execute search warrants and
arrest warrants. (e) The Secretary of State shall have the power to make such rules
and regulations from time to time as he or she may deem necessary
and proper for the enforcement of this chapter including, without
limitation, rules regarding the solicitation of burial or funeral
rights, merchandise, or services. The Secretary of State shall
regulate such solicitation to protect the public from solicitation
which is intimidating, overreaching, vexatious, fraudulent, or
misleading; which utilizes undue influence; or which takes undue
advantage of a person's ignorance or emotional vulnerability. Such
rules and regulations shall be adopted, promulgated, and contested
as provided in Chapter 13 of Title 50. |