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Rule 8. Suspension Of Permit To Sell of
Pre-Need
Plans
8.1. If, at any time the information
contained in the Registration Statement filed is or has become materially
misleading, incorrect, inadequate or incomplete or the sale or offering for sale
of the Pre-Need Plans covered thereby may work or tend to work a fraud or
prejudice the investing public, the
Commission may require the issuer such further information necessary or conduct
an investigation to ascertain whether the registration or Permit To Sell such
Pre-Need Plan should be cancelled on any of the grounds set forth in Rule
9.1.
8.2. The Commission may suspend the Permit To Sell such Pre-Need plan pending
further investigation, by entering an order specifying the grounds for such
action and by notifying by mail, personally, by telephone confirmed in writing,
or by telegraph, the issuer and every general agent who shall have notified the
Commission of an intention to sell such Pre-Need Plan.
8.3. Refusal to furnish information required by the Commission within the time
fixed by the Commission, may be a proper ground for the entry of such Order of
suspension.
8.4. The Order, although binding on the person notified thereof, shall be
deemed confidential and shall not be published. Upon the entry of such order of suspension, no further sales of such
Pre-Need Plan shall be made until the Commission orders otherwise.
8.5. In the event of the entry of an order of suspension, the Commission shall
give a prompt hearing to the parties involved. If upon such hearing, the Commission shall determine that the Permit To
Sell of any such Pre-Need Plan should be cancelled on any ground
specified herein, it shall enter a final order cancelling the registration and
the Permit To Sell and prohibiting the sale of such Pre-Need Plan. If, however,
upon such hearing the Commission finds that the sale of the Plans will neither be fraudulent nor result in fraud, it shall
forthwith enter an order lifting the order of suspension, and the
Pre-Need Plan shall be restored to its status as a registered Pre-Need Plan
contract under the Code, as of the date of such order of suspension.
8.6. Travel bans may be recommended to be issued by the appropriate authority
on all the officers and directors of the issuer, upon issuance of a Cease and
Desist Order or Order of suspension.
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