W. Va. Code R. § 142-8-1 - General

1.1. Scope. -- This rule sets forth certain requirements for sellers of preneed burial contracts, the contract contents, and other matters pursuant to the Preneed Burial Contracts Act, W. Va. Code '47-14-1 et seq.

1.2. Authority. -- W. Va. Code ''47-14-9, 46A-6-103, and 46A-7-102(1)(e)

1.3. Filing Date. -- May 27, 1988.

1.4. Effective Date. -- August 25, 1988.

1.5. Repeal of former rule. -- Not applicable.

1.6. Penalties. -- Except as indicated, a violation of the provisions of this rule shall constitute a violation of the provisions of the Preneed Burial Contracts Act, W. Va. Code '47-14-1 et seq., and shall constitute an "unfair or deceptive act" as prohibited by W. Va. Code '46A-6-104, thereby triggering appropriate remedies provided for violations of that section.

1.7. Construction. -- These rules are to be liberally construed to effectuate the provisions of the Preneed Burial Contracts Act, W. Va. Code '47-14-1 et seq., and the West Virginia Consumer Credit and Protection Act, W. Va. Code '46A-1-101 et seq.

1.8. Severability. -- If, for any reason, any section, subsection, sentence, phrase, clause, or provision of this rule or the application thereof is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other sections, subsections, sentences, phrases, clauses, or provisions or its application to any other person or circumstance, and, to this end, each and every section, subsection, sentence, clause, phrase, or provision of this rule is hereby declared severable.

Notes

W. Va. Code R. § 142-8-1