ADRE LAW BOOK 2025

32-2194.07. Recording of actions A. If the commissioner issues a cease and desist order, obtains a court order enjoining further sales, issues an order of prohibition or suspends approval of a cemetery, the action shall be recorded in the office of the county recorder in any county in which the cemetery property is located. B. If any of the orders which require recording in subsection A are revoked, an order of release shall be recorded in the same manner. 32-2194.08. Administrative penalties A. Any cemetery owner, operator, broker or salesman subject to the jurisdiction of the department who violates any provision of this chapter or any rule or order promulgated by the commissioner, who deviates substantially from the provisions under which a certificate of authority was issued or who engages in any unlawful practices defined in section 44-1522 with respect to the sale of ceme tery plots may be assessed a civil penalty by the commissioner, after a hearing, in an amount of not to exceed one thousand dollars for each infraction. B. Actions to recover penalties pursuant to this section shall be brought by the attorney general in the name of this state in the superior court in the county in which the violation occurred or in a county in which the commissioner maintains an office. 32-2194.09. Civil liabilities A. If any part of the notice of intention filed pursuant to section 32-2194.01 contains an untrue statement of a material fact or omits a material fact required to be stated in such notice, the owner or agent is liable as provided in this article to any person who acquires a plot in the cemetery. B. A cemetery owner, operator, broker or salesman who sells a cemetery plot in violation of this article is liable to the purchaser of such plot as provided in this article. C. It is unlawful for any cemetery owner, operator, broker or salesman in selling or offering to sell any cemetery plot to: 1. Employ any device, scheme or artifice to defraud. 2. Obtain money or property by means of a material misrepresentation with respect to any information included in the notice of intention or the certificate of authority with respect to any other information pertinent to the plot on which the purchaser relies. 3. Engage in any transaction, practice or course of business which operates or would oper ate as a fraud or deceit on a purchaser. D. Damages in any suit brought pursuant to this section shall be the difference between the amount paid for the plot together with the reasonable cost of improvements to such plot and whichever of the following is the smallest: 1. The value of the plot and improvements as of the time the suit was brought. 2. The price at which the plot was disposed of in a bona fide market transaction before suit. 3. The price at which the plot was disposed of in a bona fide market transaction after suit was brought but before judgment. E. In an action in which a violation of this section is established the purchaser is also entitled to recover reasonable attorney fees as determined by the court. If a violation is not established, the court, in its discretion, may award reasonable attorney fees to the defendant. F. Every person who becomes liable to make any payment pursuant to this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment. 104