Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts
ORS
97.931
Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales
- rules
- background check
- civil penalties
(1)
A salesperson may not engage in prearrangement sales made by endowment care cemeteries under ORS 97.929 (Exceptions to ORS 97.923 to 97.949) or in preconstruction sales or prearrangement sales unless the salesperson is registered with the State Mortuary and Cemetery Board or holds a current funeral service practitioner license, embalmer license, funeral service practitioner trainee registration or embalmer trainee registration. The board by rule shall:(a)
Establish procedures for issuing salesperson registrations under this subsection;(b)
Establish standards for determining whether a salesperson registration should be issued;(c)
Set renewal and salesperson registration fees; and(d)
Require biennial renewal of salesperson registrations.(2)
The board may conduct a background check of any salesperson applying for registration under subsection (1) of this section. The background check may include information solicited from the Department of State Police. After consideration of information obtained from any background check and any other information in its possession, the board shall determine whether to register the salesperson.(3)
(a) The board may impose a civil penalty of up to $1,000 per violation or suspend, revoke or refuse to issue or renew the registration of a salesperson described in subsection (1) of this section upon a determination that the applicant or holder has not complied with the provisions 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 ORS chapter 692, or any rules adopted thereunder. When the board proposes to take such action, the person affected by the action shall be accorded notice and an opportunity for hearing as provided by ORS chapter 183. The board shall notify the Director of the Department of Consumer and Business Services of its intent to take action against a salesperson or person acting as a salesperson.(b)
The board shall suspend, revoke or refuse to issue or renew the registration of a salesperson if the director requests the board to take such action.(4)
Fees and other moneys received by the board under this section shall be deposited into the State Mortuary and Cemetery Board Account established in ORS 692.375 (State Mortuary and Cemetery Board Account). [Formerly 128.414; 2005 c.726 §2; 2015 c.367 §12]Chapter 97
Atty. Gen. Opinions
Embalming dead human body without prior authorization from surviving spouse or next of kin, (1981) Vol 41, p 457