Grounds for revocation, suspension or refusal to issue or renew licenses or certificates; civil penalty; investigation; confidentiality
(1)Upon complaint or upon its own motion, the State Mortuary and Cemetery Board may investigate a complaint made by any person or by the board. If the board finds any of the causes described in this section in regard to any person, licensee or applicant or the holder of a certificate of authority, the board may impose a civil penalty of not more than $1,000 for each violation, suspend or revoke a license to practice or to operate under this chapter or refuse to grant or renew a license. The causes are as follows:
(a)Misrepresentation in the conduct of business or in obtaining a license.
(b)Fraudulent or dishonest conduct, when the conduct bears a demonstrable relationship to funeral service practice, embalming practice or the operation of cemeteries, crematoriums or other facilities for final disposition of human remains.
(c)Except as provided in this paragraph, solicitation of human remains by the licensee or any agent, assistant or employee of the licensee, either before or after death. This paragraph does not apply to:
(A)Activities permissible under 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
(B)The sale, in accordance with provisions of the Insurance Code, of prearranged funeral or cemetery merchandise or services, or any combination thereof, to be funded by the contemporaneous or subsequent assignment of a life insurance policy or an annuity contract.
(d)Offensive treatment of dead human bodies or evidence that a body in the person’s custody has been disposed of in violation of ORS chapter 432 or rules adopted pursuant thereto.
(e)Aiding or abetting a person who is not a licensee or a trainee in any act involving the disposition of dead human bodies before the bodies undergo final disposition or before the bodies are transported out of the State of Oregon.
(f)Sale or reuse of any casket or body container that has been previously utilized for the placement of a deceased human body. This does not include use of a rental cover as defined in ORS 692.010 (Definitions).
(g)Violation of any of the provisions of this chapter or any rules adopted under this chapter.
(h)Violation of any provision of ORS 97.929 (Exceptions to ORS 97.923 to 97.949) or 97.937 (Deposit of trust funds made by endowment care cemeteries) or regulations adopted by the Federal Trade Commission regulating funeral industry practices.
(i)Conviction of a crime, when the crime bears a demonstrable relationship to funeral service practice, embalming practice, death care consultant practice or the operation of cemeteries, crematoriums or other facilities for final disposition of human remains. A certified copy of the conviction is conclusive evidence of the conviction.
(j)Violation of ORS chapter 97 as it relates to disposition of human bodies and to cemeteries.
(k)Refusing to surrender promptly the custody of a dead human body, upon the express order of the person lawfully entitled to the custody of the body.
(L)Acting as the legal representative of any deceased person for whom the licensee has rendered services governed by this chapter. This subsection does not prohibit a licensee from acting as the legal representative of a deceased relative or a deceased licensee if the deceased licensee was a partner, employee or employer in the licensee’s practice.
(m)Failure to pay any civil penalty imposed by the board within 10 days after the order is entered or, if appealed, within 10 days after the order is sustained on appeal.
(n)Impairment as defined in ORS 676.303 (Purposes of health professional regulatory boards).
(2)All amounts recovered under this section shall be deposited in the State Mortuary and Cemetery Board Account established under ORS 692.375 (State Mortuary and Cemetery Board Account).
(3)Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures).
(4)Upon receipt of a complaint, the board shall conduct an investigation as described under ORS 676.165 (Complaint investigation).
(5)Information that the board obtains as part of an investigation into licensee or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving licensee or applicant conduct is confidential as provided under ORS 676.175 (Complaints and investigations confidential). [Amended by 1971 c.115 §12; 1983 c.810 §16; 1985 c.207 §12; 1987 c.252 §8; 1987 c.813 §10; 1991 c.734 §82; 1995 c.326 §1; 1995 c.696 §45; 1997 c.791 §53; 1999 c.59 §207; 2001 c.796 §21; 2009 c.709 §13; 2009 c.756 §84; 2015 c.367 §16]
Notes of Decisions
Absent showing of fraud, evidence was insufficient to support Board’s refusal to issue two funeral establishment licenses to same person operating at same location, notwithstanding that one license was sought by subsidiary corporation and second license was sought by parent corporation. Rose v. Board of Funeral Directors, 31 Or App 537, 570 P2d 1008 (1977)