The board may fine and revoke, suspend, or place on probation the certificate of authority and the establishment license of a certificate holder on any of the following grounds:

(1) The certificate holder is impaired or insolvent.
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Terms Used In Alabama Code 34-13-198

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(2) The certificate holder has refused to submit, or has withheld, any of its books, records, accounts, or affairs to examination by the board.
(3) The certificate holder has concealed or removed records or preneed assets, or both.
(4) The certificate holder has failed to comply with an order of the board.
(5) The certificate holder has transferred, or attempted to transfer, substantially its entire property or business, or has entered into any transaction the effect of which is to merge substantially its entire property or business with that of any other certificate holder, person, corporation, or entity without first having obtained the written approval of the board.
(6) The certificate holder has willfully violated its articles of incorporation or any law of this state, including any rule of the board.
(7) The certificate holder has an officer, director, or manager who has refused to be examined under oath concerning the affairs of the certificate holder.
(8) If the board determines that the continued preneed sales of the certificate holder would be hazardous to purchasers, beneficiaries, or residents of this state.
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