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These guidelines are advisory in nature and set out general concepts rather than precise statutory language. The ICCFA is not recommending that the guidelines be codified into law as a whole. Instead, the guidelines are intended for consideration as a series of options to be selectively chosen by interested parties to address particular concerns.
Developed in 1998 by the Government and Legal Affairs Task Force of the
International Cemetery and Funeral Association
In pursuing enforcement actions, the intentional or inadvertent nature of the infraction, the extent to which it endangers the public health, safety, and welfare, and whether remedial actions have been undertaken should be considered. The legislative framework for enforcement should recognize these factors and the good faith efforts of the person charged in attempting compliance and develop appropriate penalties for noncompliance.
Barring a pattern of misconduct, many lesser noncompliance issues can be remedied by the person charged through availability of a cure period for violations and a mediation process. Unless there is potential for economic harm through fraud, misrepresentation, or misappropriation of funds, the person charged should be entitled to correct the violation prior to the regulatory authority instituting disciplinary proceedings.