(1) An applicant or person subject to the authority of the State Mortuary and Cemetery Board commits a prohibited act if the person engages in: (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 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 persons 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. (g) Violation of any of the provisions of ORS chapter 97 or 432 or this chapter or violation of any rules adopted by the board. (h) Violation of any provision of ORS 97.937 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 licensees 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. (2) If the board finds that a person has committed an act described in this section the board may, in the manner provided in ORS chapter 183 for contested cases, take any of the following disciplinary actions: (a) Issue a reprimand. (b) Place limitations on a license to prohibit a licensee from performing certain actions or from engaging in the scope of practice in a particular manner for a period of time determined by the board. (c) Place a licensee on probation for a period of time determined by the board and subject to any conditions specified by the board including supervision by the board or a third party selected by the board. (d) Suspend a license for a period of time determined by the board. (e) Revoke a license for a period of time determined by the board, including permanent revocation. (f) Refuse to grant or renew a license. (g) Assess a civil penalty not to exceed $5,000. (3)(a) In addition to the disciplinary action authorized by subsection (2) of this section, if the board has reasonable cause to believe that any person has engaged, is engaging or is about to engage in any violation of any provision of this chapter or any rule or order adopted under this chapter, the board may issue an order of emergency suspension without a hearing or an order directed to the person to cease and desist from the violation or threatened violation and take corrective action. (b) The board shall mail a copy of an order issued under this subsection to the person by first class mail with certificate of mailing. (c) An order issued under this subsection must include the following: (A) A statement of the facts constituting the violation; (B) The effective date of the order; and (C) A notice to the person named in the order of the right to request a hearing and that any hearing request for an emergency suspension action must be received by the board no later than 90 days after the date the order was mailed by the board. For a cease and desist order, a request for a hearing must be received by the board no later than 21 days after the date the order was mailed by the board. (d) If the board receives a timely request for a hearing concerning an order issued under paragraph (c) of this subsection, the board shall schedule the hearing no later than 30 days after receiving the request. The board shall mail written notice of the hearing to the person by first class mail with certificate of mailing no later than seven days before the scheduled hearing date. (e) In the event of a contested case hearing, the civil penalties assessed in the cease and desist order are suspended until issuance of a final order, but the remaining provisions of the cease and desist order shall remain in full force and effect until issuance of the final order. After the hearing, the board shall enter a final order vacating, modifying or affirming the cease and desist order. A cease and desist order described in this subsection becomes final if the person does not file a timely request for a hearing concerning the order or fails to appear at the requested hearing as scheduled. (f) A person aggrieved by a cease and desist order of the board that was the subject of a timely application for hearing shall be entitled to judicial review of the cease and desist order under ORS chapter 183. (g) A judgment of a reviewing court under ORS chapter 183 does not bar the board from thereafter vacating or modifying a cease and desist order involved in the proceeding for review, or entering any new order, for a proper cause that was not decided by the reviewing court. (h) The board may file an injunction against a person for failure to comply with a cease and desist order. (i) An emergency suspension order is an interim order and not a final order. (j) The issuance of a board order under this subsection is subject to ORS 183.413 to 183.497. (4) All amounts recovered under this section shall be deposited in the State Mortuary and Cemetery Board Account established under ORS 692.375. (5) Civil penalties under this section shall be imposed as provided in ORS 183.745. (6) Upon receipt of a complaint, or upon its own motion, the board shall conduct an investigation as described under ORS 676.165. (7) 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. [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; 2025 c.316 1]
‹ Prev All Oregon sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.