OAR 441-930-0310
Revocation, Suspension and Denial of Certificate or Registration


The director may impose a civil penalty or probation, or revoke, suspend, or deny a certification of a certified provider or a registration of a master trustee when one or more of the following conditions exist:

(1)

The certified provider’s license under ORS 692.160 (License, certificate and registration fees) expires or is suspended or revoked by the State Mortuary and Cemetery Board;

(2)

The certified provider or master trustee fails to submit an annual report required by ORS 97.933 (Certification of provider of prearrangement or preconstruction sales);

(3)

The certified provider or master trustee fails to submit the certification or registration fee required by OAR 441-930-0270 (Fees Assessed to Certified Providers and Registered Master Trustees);

(4)

The certified provider or master trustee fails to maintain or denies the director access to the financial records and supporting documents necessary to examine their annual report;

(5)

The certified provider or master trustee has filed a materially false or misleading report with the director;

(6)

The certified provider fails to deliver or deposit prearrangement plan receipts to the master trustee or depository within five business days as required by ORS 97.941 (Prearrangement or preconstruction trust fund deposits);

(7)

The certified provider or master trustee fails to account to interested persons for monies received;

(8)

The certified provider or master trustee has willfully or repeatedly violated or failed to comply with any provision of ORS 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949), or OAR 441-930-0030 (Applications for Registration of Master Trustees) through 441-930-0360 (Surety Bond Requirements for Endowment Care Cemeteries);

(9)

The certified provider or master trustee is permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the business of a certified provider or master trustee, respectively;

(10)

The certified provider or master trustee is the subject of disciplinary action by another state or government agency provided the activity subject to discipline would constitute a violation of Oregon law or administrative rules;

(11)

The director finds that the certified provider, master trustee, or an applicant for certification or for registration has been convicted of a felony or a misdemeanor that involved dishonesty or fraud, in this state or any other state;

(12)

The director finds that an administrative agency, in this state or any other state, has issued a final order against the certified provider, master trustee, or an applicant for certification or for registration;

(13)

The director finds that the certified provider, master trustee, or an applicant for certification or for registration has an outstanding judgment by a court, in this state or any other state; or

(14)

The director finds that the applicant or an officer, director, or owner of the applicant does not possess the financial and business experience required by these rules.

Source: Rule 441-930-0310 — Revocation, Suspension and Denial of Certificate or Registration, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=441-930-0310.

Last Updated

Jun. 8, 2021

Rule 441-930-0310’s source at or​.us