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35. a. A license from the board is required for any natural person to be compensated to act as a cemetery salesperson for interment spaces in cemeteries operated by cemetery companies or for goods or services provided by cemetery companies.
(1) Each salesperson license shall state the name and address of each cemetery company with which the salesperson is associated.
(2) A salesperson shall produce the license for inspection when requested during sales activities, and shall retain possession of the license until it expires or is canceled, revoked or suspended.
(3) A copy of the license shall be posted by the cemetery company in each of its offices.
b. No municipality of this State shall require a licensed salesperson to obtain a municipal license to sell interment spaces or cemetery goods or services.
c. The following may sell cemetery property without a cemetery salesperson license:
(1) The owner of an interest in an interment space, or a person acting for the owner, making an occasional sale of the interment space;
(2) An officer, manager or employee of a cemetery company engaging in sales activities whose primary responsibility is other than sales activities; or
(3) A receiver, trustee in bankruptcy or other person acting under court order for a trustee selling under a deed of trust.
L.2003,c.261,s.35.
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