Loading
The Oregon Administrative Rules contain OARs filed through November 15, 2016
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

MORTUARY AND CEMETERY BOARD

 

DIVISION 11

GENERAL INFORMATION

830-011-0000

Definitions

(1) “Alkaline hydrolysis” is a final disposition process involving dissolution of human remains by placing the remains in a dissolution chamber containing water and chemical solution including potassium hydroxide or sodium hydroxide, or a combination of both, and introducing heat to break down the remains until bone fragments that may be pulverized and liquid remain.

(2) “Alternative Disposition” Alternative disposition is a board-authorized method of final disposition of human remains other than burial, entombment, burial at sea, cremation or removal from the state, and includes dissolution.

(3) “Alternative Disposition Facility” An alternative disposition facility is a facility containing equipment designed for the final disposition of human remains through alternative methods authorized by the board including, but not limited to, dissolution.

(4) “Alternative Disposition Facility Authority” An Alternative Disposition Facility Authority is any person, partnership or corporation with a Certificate of Authority to operate a dissolution chamber or other alternative disposition equipment as authorized by the Board by rule.

(5) “Apprentice” has the same meaning as “Trainee” as used in ORS692 and either term may be used interchangeably by Board Licensees, Applicants or Registrants in practice.

(6) “At Need” As used in this chapter, means arrangements entered into after a death has occurred, “at the time of need.”

(7) “Authorizing Agent” An authorizing agent is a person legally entitled to order the arrangements and disposition of human remains and cremated remains.

(8) “Burial Vault” A burial vault is a container designed to protect the contents from the intrusion of outside elements, and support the weight of the surrounding earth and maintenance equipment.

(9) “Certificate of Authority” A Certificate of Authority is a certificate issued to an entity responsible for the operation of a cemetery, crematory, or alternative disposition facility.

(10) “Cremated Remains” and “Alternative Disposition Remains” Cremated remains or alternative disposition remains are the remaining bone fragments after the act of cremation or alternative disposition is completed.

(11) “Cremated Remains Container” and “Alternative Disposition Remains Container” A cremated remains or alternative disposition remains container is a container in which processed cremated remains can be placed and closed to prevent leakage.

(12) “Cremation” Cremation is the technical heating process that reduces human remains to ash and bone fragments.

(13) “Cremation Chamber” A cremation chamber is the enclosed space in which the cremation process takes place.

(14) “Cremation Container” A cremation container is the container, if any, in which the human remains are placed for a cremation. The container must meet all the requirements of the crematorium.

(15) “Crematory Authority” The Crematory Authority is the legal entity or the authorized representative of the legal entity who conducts the cremation.

(16) “Crematory or Crematorium” A crematory or crematorium is any person, partnership, or corporation with a Certificate of Authority to operate a cremation chamber.

(17) “Death Care Consultant” A death care consultant is an individual who, for payment, provides consultations related to funeral or final disposition arrangements to the person or persons who are acting as a funeral service practitioner under ORS Chapter 432. For purposes of this definition, the consultations include any conference, information, guidance or advice either at the time of death or when the death is soon to occur.

(18) “Death Care Industry” Death care industry means funeral service and final disposition practitioners and facilities.

(19) “Disinfectant Solution” A disinfectant solution is a chemical agent capable of destroying pathogens or their products when applied with sufficient time and concentration.

(20) “Disposition” Disposition is final disposition by burial, entombment, burial at sea, cremation, removal from the state, dissolution or other alternative disposition as authorized by board rule.

(21) “Dissolution” Dissolution includes, but is not limited to, alkaline hydrolysis.

(22) “Dissolution Chamber” A dissolution chamber is a purpose-built vessel that is closed and sealed on all sides when human remains are placed inside and the dissolution process takes place.

(23) “Dissolution Container” A dissolution container is the container, if any, in which human remains are placed for the purpose of placement in the dissolution chamber.

(24) “Embalmed” Human remains are considered embalmed when sufficient disinfectant solution or preservative fluid has been injected into the circulatory system or applied externally, or both, to help eliminate the danger of spreading disease or infection.

(25) “Final Processing” Final Processing is the processing of bone fragments to an unidentifiable dimension following the cremation or dissolution process.

(26) “Grave Liner” A grave liner is a burial container either in sectional or box form, built and designed to be installed in a grave to support the weight of the earth and maintenance equipment.

(27) “Holder of a Certificate of Registration” A “Holder of a Certificate of Registration” means the same as “Certified Provider” as defined in ORS 97.923(2).

(28) “Holding Room” A holding room is a suitable room constructed in accordance with OAR 830-040-0020(2), (4) and (5) which licensed funeral establishments use for the care, storage, or holding of human remains prior to effecting disposition. This room must be of sufficient size to accommodate at least one table for a casketed remains and an attendant. The room may be used by the funeral establishment to care for or repair remains in those facilities that do not offer on premises embalmings. This room would be other than a chapel, viewing or visitation room, office supply room, closet or a room normally open to the public.

(29) “Human Remains” Human remains means a dead human body.

(30) “Identification Viewing” Identification viewing means viewing human remains for the purpose of identifying the remains, regardless of whether the remains have been washed or otherwise prepared.

(31) “Identifying Metal Disc” An identifying metal disc is a metal disc, approximately one inch in diameter with a number assigned by the State Registrar’s Office, each with a different number, for the purpose of accompanying human remains through the disposition process and to serve as a means of permanent identification of those remains.

(32) “Intern Apprentice” or “Intern” or “Intern Trainee” An intern apprentice is any student enrolled in an accredited funeral service education program who is serving his/her three-month internship under the supervision of a combination-licensed funeral service practitioner/embalmer at a participating funeral establishment.

(33) “Licensed Facility” A licensed facility is any licensed business governed by ORS Chapter 692.

(34) “Licensee” Licensee means any individual or facility licensed under ORS Chapter 692 and any preneed salesperson registered under ORS 97.931.

(35) “Minimum Preparation of Human Remains” Minimum preparation of human remains means the human remains are completely washed as defined in this section.

(36) “Offensive Treatment of Human Remains” As used in this rule and in ORS Chapter 692, offensive treatment of human remains is treatment offensive to the generally accepted standards of the community.

(37) “Prearrangement” As used in this chapter, prearrangement has the same meaning as used in ORS 97.923.

(38) “Preneed Funds” Preneed funds are specified amounts paid for funeral, cemetery or cremation goods and/or services that are sold in advance of need but not delivered.

(39) “Preneed Salesperson” As used in these rules, “preneed salesperson” means an individual registered under ORS 97.931 and employed by a certified provider authorized by the Department of Consumer & Business Services to engage in the sale of prearrangement or preconstruction sales contracts on behalf of the certified provider.

(40) “Preparation Room” As used in these rules, preparation room means the same as embalming facility as used in ORS Chapter 692.

(41) “Principal” Principal means a person who has controlling authority over the licensed facility, including but not limited to:

(a) Managers or other persons who have decision-making authority and whose primary duties include control over the operation of the licensed facility;

(b) Officers or directors who have some degree of responsibility for the operation of the licensed facility;

(c) General Partners, limited and joint ventures;

(d) Sole proprietors;

(e) Stockholders holding a majority of outstanding shares of stock; and

(f) Members of a Limited Liability Company.

(42) “Processed Cremated or Alternative Disposition Remains” As used in this chapter, processed cremated or alternative disposition remains are the result of pulverization, where the residual from the cremation or alternative disposition, such as dissolution, process is reduced to unidentifiable dimensions.

(43) “Public Viewing” Public viewing means the human remains have, at minimum, been washed, as defined in this section, and the remains are placed in a viewing room, church, chapel or other suitable place for viewing of the remains.

(44) “Receptacle” As used in this chapter, a receptacle means a container for human remains including but not limited to a casket, alternative container, or cloth or plastic container.

(45) “Refrigeration Unit” As used in this chapter, a refrigeration unit is one used in licensed facilities to store dead human remains that meets commercial standards.

(46) “Registration” Registration may refer to the registration of a cemetery that does not fall under the category of “Operating Cemetery” as defined in ORS 692.010(7) or it may refer to the “registration” of preneed salespersons. Registration of non-operating cemeteries and preneed salespersons is required for compliance with Oregon Laws.

(47) “Sanitary Condition” Sanitary includes, but is not limited to, being clean from dirt, foreign particles, bloodstains, offensive odors or insects.

(48) “Sealed Casket” A sealed casket is one that is designed by a manufacturer to be sealed prior to final disposition.

(49) “Solicitation” Solicitation is defined as actively endeavoring to obtain business or clientele through means such as telephone or personal contact.

(50) “Visitation” Visitation means a specific time and place to gather where the human remains are present, except for graveside service.

(51) “Washed” Human remains are considered washed and brought to a sanitary condition when the entire surface of the human remains has been bathed with a disinfectant solution and the mouth, nose, and other body orifices have been washed and, when necessary, packed with cotton saturated with a disinfectant solution.

Stat. Auth.: ORS 97.931, 692.320 & 2015 HB 2471
Stats. Implemented: ORS 97.931, 692.320 & 2015 HB 2471
Hist.: MCB 1-1986, f. & ef. 10-21-86; MCB 1-1988, f. & cert. ef. 2-10-88; MCB 1-1989, f. & cert. ef. 2-6-89; Renumbered from 830-030-0010(1)(a) - (k) & 830-030-0020; MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94; MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97; MCB 1-1998, f. & cert. ef. 6-22-98; MCB 1-2001(Temp), f. 12-12-01, cert. ef. 1-1-02 thru 6-29-02; MCB 1-2002, f. 5-30-02, cert. ef. 6-30-02; MCB 1-2009, f. & cert. ef. 7-1-09; MCB 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10; MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10; MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11; MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12; MCB 1-2015, f. 12-31-15, cert. ef. 1-1-16

830-011-0010

Employees, Meetings, Officers of the Board

(1) The Board shall employ an executive director, investigator, inspector and other office personnel to maintain the office of the Board, answer correspondence, and perform those duties necessary in carrying out the provisions of the law and of these rules.

(2) The Board shall meet at least six times per year, at a date, time, and place determined by the Board. Special meetings may be called by the president as deemed applicable.

(3) The Board, at its regular meeting in January of each year, shall elect from its members a president, a vice-president, and a secretary-treasurer to serve until the next election. Special elections may be held at the discretion of the Board. The president, or, in his absence, the vice-president, shall preside at all meetings, appoint all committees, and perform all functions incidental to the president of the Board.

(4) The executive director shall act under instruction of the president of the Board, and in his/her absence the vice-president and shall be responsible for supervising and monitoring the activities of the Board’s office and staff. The executive director is authorized by the Board to sign correspondence, legal documents and other necessary papers to carry out Board mandates.

Stat. Auth.: ORS 692.300, 692.310 & 692.320
Stats. Implemented: ORS 676.300, 676.306, 692.300, 692.310 & 692.320
Hist.: FDB 13, f. 9-9-74, ef. 3-1-75; FDB 16, f. & ef. 6-30-77; SMB 1-1984, f. & ef. 10-22-84; MCB 1-1986, f. & ef. 10-21-86; Renumbered from 830-010-0005; MCB 2-1988, f. & cert. ef. 9-9-88; MCB 1-1989, f. & cert. ef. 2-6-89; MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97; MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11

830-011-0020

Trainee (Apprenticeship) — Generally

(1) Apprenticeship for embalmer, funeral service practitioner, or intern apprentice must be served under persons who are and have been licensed and working in Oregon for at least one year.

(a) A funeral service practitioner may supervise up to three apprentices at a time and an embalmer may supervise up to three apprentices at a time.

(b) Notwithstanding (a), a combination embalmer/funeral service practitioner may supervise no more than three persons with any combination of trainee (apprentice) licenses.

(c) Notwithstanding (a), a funeral service practitioner, an embalmer or a combination embalmer/funeral service practitioner may serve as preceptor for intern apprentices from an accredited funeral service education provider in addition to any trainee (apprentice) embalmers or funeral service practitioners; if that individual’s license meets the requirements for the internship program as identified by the educational institution; however, no licensee may have more than a total of three trainees (apprentices) or interns at any one time.

(d) The licensee who supervises an apprentice must be working and located in the same licensed facility or facilities as the trainee (apprentice) he or she is supervising.

(2) To qualify for a license as an embalmer, an apprentice embalmer must assist in the embalming of at least 35 human remains during the apprenticeship period under the direct supervision of a licensed embalmer and must meet the time and competency requirements published by the Board at the time of initial application.

(a) An apprentice embalmer must maintain a log book of embalmings under supervision, with accurate and current entries, and the apprentice and his or her supervisor must furnish this record to the Board upon request. The apprentice may use a supplemental page to log any arrangements or other competencies performed at an alternate facility as directed by their supervisor. Such page MUST be brought back and included in the log at the end of that specific assignment. The log book must be retained for a period of one year after full licensure as an embalmer, or, if not licensed as an embalmer, for six years after the last log entry and must include the following:

(A) Name of the deceased;

(B) Date of death;

(C) Date and place of embalming;

(D) Name of licensed facility making the embalming arrangements;

(E) Supervisor’s written confirmation for each embalming performed by their apprentice; and

(F) Number of hours worked per week.

(3) To qualify for a license as a funeral service practitioner, an apprentice funeral service practitioner must assist in the planning of at least 25 funerals or dispositions per year through some form of direct contact with the family or representative of the deceased and must meet the time and competency requirements published by the Board at the time of initial application.

(a) An apprentice funeral service practitioner must keep a log book on the premises of the licensed facility where he or she is supervised, showing all arrangements made or participated in by the apprentice. The apprentice may use a supplemental page to log any arrangements or other competencies performed at an alternate facility as directed by their supervisor. Such page MUST be brought back and included in the log at the end of that specific assignment. The apprentice, under supervision, must make accurate and current entries. The apprentice and his or her supervisor must furnish the log book to the Board upon request.

(b) The log book must be retained for a period of one year after licensure as a funeral service practitioner, or, if not licensed, for six years from the last log entry, and must include the following:

(A) Name of deceased and person authorizing final disposition arrangements;

(B) Date of death;

(C) Date and place arrangements were made;

(D) Description of apprentice’s direct participation with family;

(E) Number of days and hours worked per week;

(F) Specific competency demonstrated;

(G) Supervisor’s written confirmation for each arrangement made by their apprentice; and

(H) Name of the licensed facility responsible for the final disposition arrangements.

(4) Intern apprentices must serve their apprenticeships in accordance with the internship guidelines established by an accredited funeral service education program and as recognized and approved by the Board. A copy of the guidelines is available from the Board upon request.

(5) Applicants for an apprenticeship certificate must make application in accordance with ORS Chapter 692. The application must be made on the most current form provided by the Board and be accompanied by the fee prescribed by OAR 830-020-0040, a certified copy of the applicant's birth certificate, and satisfactory proof of high school graduation or equivalency. If an applicant for an apprentice certificate does not have a high school diploma, he or she must present satisfactory evidence that he or she possesses the equivalent of a high school education received in a private, public, or trade school, or he or she must successfully pass the high school equivalency test (General Education Development Test) given by the local high school, or some similar equivalency test conducted by a similar agency. Prior to becoming licensed as a funeral service practitioner, apprentices must provide a certified copy of a transcript from a school accredited by an Association of Schools and Colleges demonstrating completion of an Associate’s degree or higher degree. Prior to becoming licensed as an embalmer, apprentices must provide proof of completion of an accredited course of funeral service education.

(6) The effective date of the apprenticeship will be the date the completed application, fee, and the required certificates are received and validated in the office of the Board and the application is approved by the Board. A letter will be sent notifying the apprentice of the status of his or her apprenticeship or application.

(7) The certificate of apprenticeship must be issued to the applicant as a trainee (apprentice) to a specified licensee in good standing. If the apprentice intends to change the licensee to whom apprenticed, he or she must immediately file a request for approval of the transfer with the Board and pay the required fee. A certificate must be reissued upon payment of an administrative charge. When an apprentice ceases to work under a specific licensee, the apprenticeship certificate becomes null and void. It is the responsibility of the supervising licensee to notify the Board's office of any termination in employment or supervision of the apprentice.

(8) Trainee (Apprentice) funeral service practitioner and embalmer certificates will not be granted to any person for a period longer than 48 aggregate months. When an apprentice has completed his or her apprenticeship, he or she will no longer be licensed as an apprentice, but must qualify either as a licensed embalmer or licensed funeral service practitioner.

(9) Notwithstanding (8), the Board may consider a request for extension of the apprenticeship period for reasonable and extenuating circumstances beyond the control of the trainee (apprentice).

(10) Trainee (Apprentice) supervisors are responsible for all assigned activities and any arrangements made by the trainee (apprentice) at any location.

(11) In lieu of meeting apprenticeship requirements, an applicant for Oregon funeral service practitioner or embalmer licensure is deemed to have satisfied the respective apprenticeship requirement upon submitting satisfactory proof to the Board that the person has practiced, respectively, as a funeral service practitioner or embalmer licensed in good standing in this state or another state identified by the Board to have requirements substantially similar to Oregon: For a minimum of one year.

(12) Embalmer applicants who meet the requirements set forth in section (10) of this rule may be required to demonstrate competency by way of a practical examination at a time and place designated by the Board.

(13) Funeral service practitioner applicants who meet the requirements set forth in section (10) of this rule must successfully complete a written examination and receive a score of not less than 75 percent, based on the total number of questions.

(14) An applicant or licensee whose application for license has been denied or revoked or who voluntarily surrendered the license may not reapply for a minimum period of three years unless otherwise specified in a Board order denying, revoking or accepting a voluntarily surrender of the application or license.

Stat. Auth.: ORS 692.160, 692.320 & 2015 HB 2471
Stats. Implemented: ORS 692.045, 692.070, 692.105, 692.130, 692.190 & 2015 HB 2471
Hist.: FDB 13, f. 9-9-74, ef. 3-1-75; SMB 1-1984, f. & ef. 10-22-84; MCB 1-1986, f. & ef. 10-21-86; Renumbered from 830-010-0050; MCB 2-1988, f. & cert. ef. 9-9-88; MCB 1-1989, f. & cert. ef. 2-6-89; MCB 1-1992, f. & cert. ef. 2-11-92; MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94; MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97; MCB 1-1998, f. & cert ef. 6-22-98; MCB 1-2009, f. & cert. ef. 7-1-09; MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11; MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12; MCB 1-2015, f. 12-31-15, cert. ef. 1-1-16

830-011-0040

Completion of Funeral Service Practitioner and Embalmer Apprenticeship and Examination

(1) Once an apprenticeship has been completed and verified by the Board, the individual may sit for the applicable exam. An FSP trainee (apprentice) may choose to take the exam before completion and certification of their apprenticeship, but may not apply for license as a funeral service practitioner until both the exam is successfully passed and their apprenticeship completed and verified by the Board.

(2) An embalmer trainee (apprentice) may either take the Oregon embalmer examination or he may submit to the Board proof of passing the National Board Examination written by the Conference of Funeral Service Examining Boards of the United States, Inc. in lieu of the Oregon embalmer examination. In either case an average score of at least 75 percent as described in OAR 830-020-0000(2)(b) will be required for passing. An embalmer trainee (apprentice) may either take the Oregon embalmer examination or he may submit to the Board proof of passing the National Board Examination written by the Conference of Funeral Service Examining Boards of the United States, Inc. in lieu of the Oregon embalmer examination. In either case an average score of at least 75 percent as described in OAR 830-020-0000(2)(b) will be required for passing.

Stat. Auth.: ORS 183.341, 183.545, 692.160, 692.320 & 2015 HB 2471
Stats. Implemented: ORS 692.105, 692.045, 692.190 & 2015 HB 2471
Hist.: FDB 1-1978, f. & ef. 6-30-78; SMB 1-1984, f. & ef. 10-22-84; MCB 1-1986, f. & ef. 10-21-86; Renumbered from 830-010-0060; MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; MCB 1-1998, f. & cert. ef. 6-22-98; MCB 1-2009, f. & cert. ef. 7-1-09; MCB 1-2015, f. 12-31-15, cert. ef. 1-1-16

830-011-0050

Background Investigation Required Prior to Oregon Licensure

(1) All applicants for individual or facility licenses and principals of facilities seeking or holding a license must submit to a background investigation. The background investigation may include, but is not limited to, information solicited from the Law Enforcement Data Systems, other government agencies or courts, personal references, former employers, and credit checks. The Board may require the applicant or principal to furnish any information necessary to perform a background investigation.

(2) The Board may deny, suspend or refuse to issue or renew a license or certificate when a condition exists in relation to any principal of a licensed facility which constitutes grounds for refusing to issue or renew a license or certificate or for suspension of a license.

Stat. Auth.: ORS 692.320
Stats. Implemented: ORS 692.025
Hist.: MCB 1-1986, f. & ef. 10-21-86; MCB 1-1988, f. & cert. ef. 2-10-88; MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94; MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97; MCB 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10; MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10; MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11

830-011-0065

Temporary Burial Permit

(1) The Oregon Mortuary and Cemetery Board (Board) may grant a temporary burial permit authorizing interment in a cemetery that does not hold a current, valid license or registration for the sole purpose of facilitating an at-need burial in accordance with ORS 692.025, Sec. 1, and only when the normal procedures for licensing or registration of a cemetery authority cannot be completed before burial must take place.

(2) The burial permit request must be made on the most current application form provided by the Board and must include copies of all pre-qualifying pre-arrangement documents as well as evidence of the verification of plot location to be considered. A permit will not be granted when pre-arrangements or plot location cannot be produced or verified or when such documents are disputed.

(a) Applicants must be directly associated with the cemetery authority, with a licensed party to the pre-arrangements, or with another qualifying person in accordance with ORS 692.025, Sec. 1, and

(b) Must be working on behalf of person(s) requesting burial.

(c) The application must also include the specific details of the planned burial and evidence that it will be performed by persons qualified to do so, and

(d) All paperwork will be kept with the permit that was issued for the burial and filed at the OMCB with the copy of the permit until a permanent place can be decided upon. If the cemetery authority is not a party to the interment, the Board will maintain the records and provide to the appropriate party identified by the Board on the permit.

(3) Permit holder shall only be responsible for any issues related to the permitted interment and not for any pre-existing conditions, contract terms or document errors made by the Cemetery Authority, nor for the condition of and continuing maintenance of the plot after closing.

(4) Sections (1) and (2) shall be repealed on January 1, 2018.

Stat. Auth.: ORS 692.025
Stats. Implemented: ORS 692.025
Hist.: MCB 2-2015, f. 12-31-15, cert. ef. 1-1-16; MCB 1-2016(Temp), f. & cert. ef. 7-6-16 thru 1-1-17

830-011-0070

Registration of Preneed Salespersons and Endowment Care Cemetery Salespersons

(1) Applicants for registration as a preneed salesperson must apply on the most current form provided by the Board, pay the preneed salesperson fees set forth in OAR 830-020-0040 and submit to a background investigation. The background investigation may include, but is not limited to, information solicited from the Department of State Police, Law Enforcement Data System, Oregon Department of Motor Vehicles, other government agencies including local law enforcement agencies, the courts and prior employers.

(2) A certificate of registration will be issued to an approved preneed salesperson applicant. An applicant may not make preneed sales or engage in preneed sales activity, including, but not limited to, marketing and participating in sales presentations, other than as an observer, until a certificate of registration has been issued to the applicant by the Board. It is the responsibility of the salesperson to provide written notice to the Board of any address changes within 30 days of the change.

(3) All preneed salesperson certificates of registration will expire on March 1 in even-numbered years unless renewed as provided in this section.

(4) On or before December 31 of each odd numbered year, the Board will mail to each registered preneed salesperson a form containing notice that the renewal fee is due and payable. The renewal form will be mailed to the most current address filed with the Board by the preneed salesperson. If the renewal form is not returned and the renewal fee is not paid by the renewal date the certificate of registration will lapse.

(5) Upon lapse of a preneed salesperson certificate of registration, the Board will send notice of the lapse by registered or certified mail to the most current address filed with the Board by the preneed salesperson.

(6) The Board may reinstate a certificate of registration if the preneed salesperson applies for reinstatement on a form provided by the Board not later than the 90th day after the lapse and pays the renewal fee as well as the reinstatement fee established in OAR 830-020-0040.

(7) The Board will not issue or renew the registration for a preneed salesperson that owes outstanding civil penalties to the Board.

Stat. Auth.: ORS 97.931
Stats. Implemented: ORS 97.931
Hist.: MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94; MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97; MCB 1-2001(Temp), f. 12-12-01, cert. ef. 1-1-02 thru 6-29-02; MCB 1-2002, f. 5-30-02, cert. ef. 6-30-02; MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11; MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12

830-011-0080

Grounds for Civil Penalty, Revocation, Suspension or Refusal to Issue or Renew a Preneed Salespersons Registration

(1) In accordance with ORS 97.933(5), the Holder of a Certificate of Registration is responsible for the conduct of their preneed salespersons. Therefore, the Board may take disciplinary action against a licensee that is the Holder of the Certificate of Registration for the misconduct of their preneed salespersons. It is the responsibility of the Holder of the Certificate of Registration to insure that sound sales and business practices are used in the training and supervision of their preneed salespersons.

(2) Upon complaint or upon its own motion, the Board may investigate any complaint concerning a preneed salesperson, a preneed salesperson applicant or an individual engaged in preneed sales activity without registration. For any of the causes described in ORS 692.180(1) or OAR 830-050-0050, or upon a determination that a registered preneed salesperson, applicant or unregistered individual has not complied with the provisions of ORS 97.923 to 97.949 or ORS Chapter 692 or any rules adopted thereunder, the Board may impose a civil penalty of up to $1000 per violation or suspend, revoke or refuse to issue or renew a registration.

Stat. Auth.: ORS 97.931 & 692.320
Stats. Implemented: ORS 97.931
Hist.: MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94; MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97; MCB 1-1998, f. & cert. ef. 6-22-98; MCB 1-2001(Temp), f. 12-12-01, cert. ef. 1-1-02 thru 6-29-02; MCB 1-2002, f. 5-30-02, cert. ef. 6-30-02; MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use