[§441-20.6]  Retaining consultants. 
(a)  The director may retain private consultants, by contract or otherwise, as
determined by the director, in connection with the review of filings required
of cemetery authorities, pre-need funeral authorities, or applicants under this
chapter.  Except as limited under subsection (c) below, the cost of contracting
private consultants shall be borne by the cemetery authority, pre-need funeral
authority, or applicant making the filing.



(b)  The consultant shall perform all tasks as
directed by the director under subsection (a), including but not limited to:



(1)  Reviewing the filing, in whole or in part,
including documentation and other provided materials, for the purpose of
examining its compliance with the requirements of this chapter, rules adopted
by the director pursuant to this chapter, and other applicable laws; and



(2)  Providing to the director a written analysis of
the filing upon completing the review, including an opinion of the nature and
extent to which there is compliance with this chapter, rules adopted by the
director pursuant to this chapter, and other applicable laws.



(c)  Without the written consent of the
cemetery authority, pre-need funeral authority, or applicant making the filing,
the cost to be borne by a cemetery authority, pre-need funeral authority, or
applicant for a filing under this chapter shall not exceed $25,000; provided
that in the event the cost reaches $25,000 and prior to any consultant
continuing with the review, the cemetery authority, pre-need funeral authority,
or applicant making the filing shall:



(1)  Provide written consent to exceed the $25,000
fee;



(2)  Withdraw the filing; or



(3)  Except in the case of an incomplete filing,
receive a denial or refusal by the director to approve the filing.



By providing the written consent described in
subsection (c)(1), the cemetery authority, pre-need funeral authority or
applicant making the filing shall not be deemed to have waived any rights it
may have under chapters 91 and 436B should the director subsequently deny or
refuse to approve the filing. [L 2002, c 214, §1]