{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2314.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2314.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2314.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2314.html"}],"law_id":59048,"edition_id":1,"section_id":59048,"structure_id":13695,"section_number":"54.1-2314","catch_line":"Refusal, suspension or revocation of license or registration","history":"1998, cc. 708, 721.","full_text":"The Board may refuse to license or register any applicant, suspend a license or registration for a stated period or indefinitely, revoke any license or registration, censure or reprimand any person licensed or registered by the Board or place such person on probation for such time as it may designate for any of the following causes related to the sale or offering to the public of cemetery vaults, grave liners, urns, memorials, markers or monuments:\n\n1\n\nConviction of any felony or any crime involving moral turpitude;2\n\nUnprofessional conduct which is likely to defraud or to deceive the public or clients;3\n\nMisrepresentation or fraud in the conduct of the cemetery company or its sales personnel, or in obtaining or renewing a license or registration;4\n\nFalse or misleading advertising;5\n\nSolicitation in violation of subsection B of § 54.1-2327;6\n\nDirect or indirect payment or offer of payment of a commission to others by the licensee, his sales representatives, agents, or employees for the purpose of securing business;7\n\nUse of alcohol or drugs to the extent that such use renders him unsafe to practice his licensed or registered activity;8\n\nAiding or abetting an unlicensed person to engage in the business of a cemetery company;9\n\nUsing profane, indecent or obscene language within the immediate hearing of the family or relatives of a deceased, whose body has been interred or otherwise disposed of;10\n\nViolation of any statute, ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies;11\n\nFailure to comply with subsection A of § 54.1-2327 and to keep on file an itemized statement of all retail prices and fees charged related to the sale of property or services as required by Board regulations and this chapter;12\n\nCharging third-party handling fees, which shall not include installation fees; and13\n\nRefusing to honor the transfer of preneed contract arrangements to another party. However the licensee shall not be responsible for paying additional costs associated with any actual transfer.","order_by":null,"text":{"0":{"id":216535,"text":"The Board may refuse to license or register any applicant, suspend a license or registration for a stated period or indefinitely, revoke any license or registration, censure or reprimand any person licensed or registered by the Board or place such person on probation for such time as it may designate for any of the following causes related to the sale or offering to the public of cemetery vaults, grave liners, urns, memorials, markers or monuments:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":216536,"text":"Conviction of any felony or any crime involving moral turpitude;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":216537,"text":"Unprofessional conduct which is likely to defraud or to deceive the public or clients;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":216538,"text":"Misrepresentation or fraud in the conduct of the cemetery company or its sales personnel, or in obtaining or renewing a license or registration;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":216539,"text":"False or misleading advertising;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":216540,"text":"Solicitation in violation of subsection B of § 54.1-2327;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":216541,"text":"Direct or indirect payment or offer of payment of a commission to others by the licensee, his sales representatives, agents, or employees for the purpose of securing business;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":216542,"text":"Use of alcohol or drugs to the extent that such use renders him unsafe to practice his licensed or registered activity;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":216543,"text":"Aiding or abetting an unlicensed person to engage in the business of a cemetery company;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":216544,"text":"Using profane, indecent or obscene language within the immediate hearing of the family or relatives of a deceased, whose body has been interred or otherwise disposed of;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":216545,"text":"Violation of any statute, ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies;","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":216546,"text":"Failure to comply with subsection A of § 54.1-2327 and to keep on file an itemized statement of all retail prices and fees charged related to the sale of property or services as required by Board regulations and this chapter;","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":216547,"text":"Charging third-party handling fees, which shall not include installation fees; and","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":216548,"text":"Refusing to honor the transfer of preneed contract arrangements to another party. However the licensee shall not be responsible for paying additional costs associated with any actual transfer.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12"}},"ancestry":[{"id":13695,"edition_id":1,"name":"Cemetery Operators, Perpetual Care Trust Funds and Preneed Burial Contracts","identifier":"23.1","label":"chapter","depth":3,"order_by":1,"parent_id":12755,"metadata":{},"date_created":"2026-06-26 03:45:35","date_modified":"2026-06-26 03:45:35","permalink":{"id":240255,"object_type":"structure","relational_id":13695,"identifier":"23.1","token":"54.1\/II\/23.1","url":"\/54.1\/II\/23.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12755,"edition_id":1,"name":"Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards Within the Department","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239415,"object_type":"structure","relational_id":12755,"identifier":"II","token":"54.1\/II","url":"\/54.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61603,"structure_id":13695,"section_number":"54.1-2310","catch_line":"Definitions","url":"\/54.1-2310\/","token":"54.1\/II\/23.1\/54.1-2310","metadata":false},{"id":72586,"structure_id":13695,"section_number":"54.1-2311","catch_line":"Cemetery operators required to be licensed by the Board","url":"\/54.1-2311\/","token":"54.1\/II\/23.1\/54.1-2311","metadata":false},{"id":81993,"structure_id":13695,"section_number":"54.1-2312","catch_line":"Exemptions","url":"\/54.1-2312\/","token":"54.1\/II\/23.1\/54.1-2312","metadata":false},{"id":85224,"structure_id":13695,"section_number":"54.1-2312.01","catch_line":"Special interments; definitions; regulations by Board","url":"\/54.1-2312.01\/","token":"54.1\/II\/23.1\/54.1-2312.01","metadata":false},{"id":81764,"structure_id":13695,"section_number":"54.1-2312.1","catch_line":"Resale of interment right; conditions for resale transaction; contents of transfer form; approval by cemetery company","url":"\/54.1-2312.1\/","token":"54.1\/II\/23.1\/54.1-2312.1","metadata":false},{"id":78987,"structure_id":13695,"section_number":"54.1-2312.2","catch_line":"Resale of interment right by certain churches and religious organizations","url":"\/54.1-2312.2\/","token":"54.1\/II\/23.1\/54.1-2312.2","metadata":false},{"id":76163,"structure_id":13695,"section_number":"54.1-2313","catch_line":"Board; appointment; terms; vacancies; meetings; quorum; other powers; regulations","url":"\/54.1-2313\/","token":"54.1\/II\/23.1\/54.1-2313","metadata":false},{"id":56354,"structure_id":13695,"section_number":"54.1-2313.1","catch_line":"Protection of preneed burial and perpetual care trust funds; operation of cemetery company; appointment of receiver","url":"\/54.1-2313.1\/","token":"54.1\/II\/23.1\/54.1-2313.1","metadata":false},{"id":59048,"structure_id":13695,"section_number":"54.1-2314","catch_line":"Refusal, suspension or revocation of license or registration","url":"\/54.1-2314\/","token":"54.1\/II\/23.1\/54.1-2314","metadata":false},{"id":68604,"structure_id":13695,"section_number":"54.1-2315","catch_line":"Other prohibited activities","url":"\/54.1-2315\/","token":"54.1\/II\/23.1\/54.1-2315","metadata":false},{"id":68252,"structure_id":13695,"section_number":"54.1-2316","catch_line":"Certain representations unlawful; perpetual care trust fund required","url":"\/54.1-2316\/","token":"54.1\/II\/23.1\/54.1-2316","metadata":false},{"id":77982,"structure_id":13695,"section_number":"54.1-2317","catch_line":"Who may serve as trustee of perpetual care trust fund","url":"\/54.1-2317\/","token":"54.1\/II\/23.1\/54.1-2317","metadata":false},{"id":66009,"structure_id":13695,"section_number":"54.1-2318","catch_line":"Application of Part A (\u00a7 64.2-1200 et seq.) of Subtitle IV of Title 64.2","url":"\/54.1-2318\/","token":"54.1\/II\/23.1\/54.1-2318","metadata":false},{"id":84608,"structure_id":13695,"section_number":"54.1-2319","catch_line":"Deposit in perpetual care trust fund required upon sale of graves, etc","url":"\/54.1-2319\/","token":"54.1\/II\/23.1\/54.1-2319","metadata":false},{"id":69258,"structure_id":13695,"section_number":"54.1-2320","catch_line":"Additional deposit not required upon subsequent sale of same grave, crypt or niche","url":"\/54.1-2320\/","token":"54.1\/II\/23.1\/54.1-2320","metadata":false},{"id":56252,"structure_id":13695,"section_number":"54.1-2321","catch_line":"Recovery of original perpetual care trust fund deposit","url":"\/54.1-2321\/","token":"54.1\/II\/23.1\/54.1-2321","metadata":false},{"id":68822,"structure_id":13695,"section_number":"54.1-2322","catch_line":"Use of income from perpetual care trust fund; distributions","url":"\/54.1-2322\/","token":"54.1\/II\/23.1\/54.1-2322","metadata":false},{"id":82665,"structure_id":13695,"section_number":"54.1-2323","catch_line":"Financial records required","url":"\/54.1-2323\/","token":"54.1\/II\/23.1\/54.1-2323","metadata":false},{"id":77504,"structure_id":13695,"section_number":"54.1-2324","catch_line":"Financial report and report of independent certified public accountant required for perpetual care trust funds","url":"\/54.1-2324\/","token":"54.1\/II\/23.1\/54.1-2324","metadata":false},{"id":78778,"structure_id":13695,"section_number":"54.1-2325","catch_line":"Deposit in preneed trust required upon sale of property or services not to be delivered within 120 days","url":"\/54.1-2325\/","token":"54.1\/II\/23.1\/54.1-2325","metadata":false},{"id":81056,"structure_id":13695,"section_number":"54.1-2326","catch_line":"Who may serve as trustee of preneed trust fund","url":"\/54.1-2326\/","token":"54.1\/II\/23.1\/54.1-2326","metadata":false},{"id":75693,"structure_id":13695,"section_number":"54.1-2327","catch_line":"Itemized statement and general price list of burial fees to be furnished; solicitations prohibited","url":"\/54.1-2327\/","token":"54.1\/II\/23.1\/54.1-2327","metadata":false},{"id":65840,"structure_id":13695,"section_number":"54.1-2328","catch_line":"Requirements of preneed burial contracts","url":"\/54.1-2328\/","token":"54.1\/II\/23.1\/54.1-2328","metadata":false},{"id":80895,"structure_id":13695,"section_number":"54.1-2329","catch_line":"Identification of specific funds","url":"\/54.1-2329\/","token":"54.1\/II\/23.1\/54.1-2329","metadata":false},{"id":80662,"structure_id":13695,"section_number":"54.1-2330","catch_line":"Specific funds and income to remain in preneed trust account; exception","url":"\/54.1-2330\/","token":"54.1\/II\/23.1\/54.1-2330","metadata":false},{"id":54782,"structure_id":13695,"section_number":"54.1-2331","catch_line":"Disbursement of trust funds upon performance of contract","url":"\/54.1-2331\/","token":"54.1\/II\/23.1\/54.1-2331","metadata":false},{"id":66596,"structure_id":13695,"section_number":"54.1-2332","catch_line":"Seller required to keep records","url":"\/54.1-2332\/","token":"54.1\/II\/23.1\/54.1-2332","metadata":false},{"id":58614,"structure_id":13695,"section_number":"54.1-2333","catch_line":"Financial report and report of independent certified public accountant required for preneed trust accounts","url":"\/54.1-2333\/","token":"54.1\/II\/23.1\/54.1-2333","metadata":false},{"id":69291,"structure_id":13695,"section_number":"54.1-2334","catch_line":"Inclusion of property and services to be delivered within 120 days","url":"\/54.1-2334\/","token":"54.1\/II\/23.1\/54.1-2334","metadata":false},{"id":75017,"structure_id":13695,"section_number":"54.1-2335","catch_line":"Breach of contract by seller; trust to be single purpose trust","url":"\/54.1-2335\/","token":"54.1\/II\/23.1\/54.1-2335","metadata":false},{"id":74745,"structure_id":13695,"section_number":"54.1-2336","catch_line":"Trustee may rely on certifications and affidavits","url":"\/54.1-2336\/","token":"54.1\/II\/23.1\/54.1-2336","metadata":false},{"id":70137,"structure_id":13695,"section_number":"54.1-2337","catch_line":"Transfer of trust funds to another trustee","url":"\/54.1-2337\/","token":"54.1\/II\/23.1\/54.1-2337","metadata":false},{"id":55080,"structure_id":13695,"section_number":"54.1-2338","catch_line":"Use of trustee's name in advertisements","url":"\/54.1-2338\/","token":"54.1\/II\/23.1\/54.1-2338","metadata":false},{"id":70915,"structure_id":13695,"section_number":"54.1-2339","catch_line":"Construction and development of mausoleums and garden crypts","url":"\/54.1-2339\/","token":"54.1\/II\/23.1\/54.1-2339","metadata":false},{"id":63571,"structure_id":13695,"section_number":"54.1-2340","catch_line":"Waiver of chapter void","url":"\/54.1-2340\/","token":"54.1\/II\/23.1\/54.1-2340","metadata":false},{"id":77379,"structure_id":13695,"section_number":"54.1-2341","catch_line":"Exemption from levy, garnishment and distress","url":"\/54.1-2341\/","token":"54.1\/II\/23.1\/54.1-2341","metadata":false},{"id":54676,"structure_id":13695,"section_number":"54.1-2342","catch_line":"Penalties","url":"\/54.1-2342\/","token":"54.1\/II\/23.1\/54.1-2342","metadata":false}],"previous_section":{"id":56354,"structure_id":13695,"section_number":"54.1-2313.1","catch_line":"Protection of preneed burial and perpetual care trust funds; operation of cemetery company; appointment of receiver","url":"\/54.1-2313.1\/","token":"54.1\/II\/23.1\/54.1-2313.1","metadata":false},"next_section":{"id":68604,"structure_id":13695,"section_number":"54.1-2315","catch_line":"Other prohibited activities","url":"\/54.1-2315\/","token":"54.1\/II\/23.1\/54.1-2315","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2314\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapters 708<\/a> and 721<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":54676,"section_number":"54.1-2342","catch_line":"Penalties","order_by":null,"url":"\/54.1-2342\/"}],"refers_to":[{"id":75693,"section_number":"54.1-2327","catch_line":"Itemized statement and general price list of burial fees to be furnished; solicitations prohibited","order_by":null,"url":"\/54.1-2327\/"}],"permalink":{"id":240289,"object_type":"law","relational_id":59048,"identifier":"54.1-2314","token":"54.1\/II\/23.1\/54.1-2314","url":"\/54.1-2314\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2314\/","token":"54.1\/II\/23.1\/54.1-2314","dublin_core":{"Title":"Refusal, suspension or revocation of license or registration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2314","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Board<\/span> may refuse to license or register any applicant, suspend a license or registration for a stated period or indefinitely, revoke any license or registration, censure or reprimand any person licensed or registered by the Board<\/span> or place such person on probation<\/span> for such time as it may designate for any of the following causes related to the sale or offering to the public of cemetery<\/span> vaults, grave<\/span> liners, urns, memorials, markers or monuments<\/span>:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Conviction<\/span> of any felony<\/span> or any crime<\/span> involving moral turpitude<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Unprofessional conduct which is likely to defraud or to deceive the public or clients; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Misrepresentation or fraud<\/span> in the conduct of the cemetery company<\/span> or its sales personnel, or in obtaining or renewing a license or registration; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> False or misleading advertising; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Solicitation<\/span> in violation of subsection B of § 54.1-2327<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Direct or indirect payment or offer of payment of a commission to others by the licensee<\/span>, his sales representatives, agents, or employees for the purpose of securing business; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Use of alcohol or drugs to the extent that such use renders him unsafe to practice his licensed or registered activity; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Aiding or abetting an unlicensed person to engage in the business of a cemetery company<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Using profane, indecent or obscene language within the immediate hearing<\/span> of the family or relatives of a deceased, whose body has been interred or otherwise disposed of; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Violation of any statute<\/span>, ordinance<\/span> or regulation affecting the handling, custody<\/span>, care or transportation of dead human bodies; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Failure to comply with subsection A of § 54.1-2327<\/a> and to keep on file an itemized statement of all retail prices and fees charged related to the sale of property or services as required by Board<\/span> regulations and this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Charging third-party<\/span> handling fees, which shall not include installation fees; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Refusing to honor the transfer of preneed<\/span> contract<\/span> arrangements to another party<\/span>. However the licensee<\/span> shall not be responsible for paying additional costs associated with any actual transfer. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREFUSAL, SUSPENSION OR REVOCATION OF LICENSE OR REGISTRATION (\u00a7 54.1-2314)\n\nThe Board may refuse to license or register any applicant, suspend a license or\nregistration for a stated period or indefinitely, revoke any license or\nregistration, censure or reprimand any person licensed or registered by the\nBoard or place such person on probation for such time as it may designate for\nany of the following causes related to the sale or offering to the public of\ncemetery vaults, grave liners, urns, memorials, markers or monuments:\n\n1. Conviction of any felony or any crime involving moral turpitude;\n\n2. Unprofessional conduct which is likely to defraud or to deceive the public or\nclients;\n\n3. Misrepresentation or fraud in the conduct of the cemetery company or its\nsales personnel, or in obtaining or renewing a license or registration;\n\n4. False or misleading advertising;\n\n5. Solicitation in violation of subsection B of § 54.1-2327;\n\n6. Direct or indirect payment or offer of payment of a commission to others by\nthe licensee, his sales representatives, agents, or employees for the purpose of\nsecuring business;\n\n7. Use of alcohol or drugs to the extent that such use renders him unsafe to\npractice his licensed or registered activity;\n\n8. Aiding or abetting an unlicensed person to engage in the business of a\ncemetery company;\n\n9. Using profane, indecent or obscene language within the immediate hearing of\nthe family or relatives of a deceased, whose body has been interred or otherwise\ndisposed of;\n\n10. Violation of any statute, ordinance or regulation affecting the handling,\ncustody, care or transportation of dead human bodies;\n\n11. Failure to comply with subsection A of § 54.1-2327 and to keep on file\nan itemized statement of all retail prices and fees charged related to the sale\nof property or services as required by Board regulations and this chapter;\n\n12. Charging third-party handling fees, which shall not include installation\nfees; and\n\n13. Refusing to honor the transfer of preneed contract arrangements to another\nparty. However the licensee shall not be responsible for paying additional costs\nassociated with any actual transfer.\n\nHISTORY: 1998, cc. 708, 721.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}