ADRE LAW BOOK 2025

may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by a person of any unlawful practices or which may be necessary to restore to any person in interest any monies or property, real or personal, which may have been acquired by means of any practice declared to be unlawful in this article. G. If it appears to the commissioner that a person has engaged in or is engaging in a practice de clared to be unlawful by this article and that such person is concealing assets or has made arrange ments to conceal assets or is about to leave this state, the commissioner may apply to the superior court, without notice, for an order appointing a receiver of the assets of such person or for a writ of ne exeat, or both. 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 ap plication 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 as sociated 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.

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