(1) A person may not conduct the business of an operating cemetery unless the person has a certificate of authority to do so. A person may apply for a certificate of authority on a form provided by the State Mortuary and Cemetery Board. The application must be accompanied by the application fee established under ORS § 692.160. However, any exempt operating cemetery is entitled to receive a certificate of authority to operate upon payment of an initial fee not to exceed $100 and a fee not to exceed $50 for registration of all principals regardless of the total number of principals. An exempt operating cemetery is not required to pay the renewal fee or the fee for any change in principal other than the cemetery manager.

Terms Used In Oregon Statutes 692.275

  • Board: means the State Mortuary and Cemetery Board. See Oregon Statutes 692.010
  • Cemetery: means any one, or a combination of more than one, of the following, in a place used, or intended to be used, and dedicated, for cemetery purposes:

    (a) A burial park, for earth interments;

    (b) A mausoleum, for crypt interments;

    (c) A columbarium, for permanent interments of cremated or reduced remains;

    (d) A scattering garden or other designated area above or below ground where a person may pay to establish a memorial of cremated or reduced remains; or

    (e) A cenotaph, the primary purpose of which is to provide an area where a person may pay to establish a memorial to honor a person whose remains may be interred elsewhere or whose remains cannot be recovered. See Oregon Statutes 692.010

  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Exempt operating cemetery: means an operating cemetery that has 10 or fewer interments annually. See Oregon Statutes 692.010
  • Final disposition: means the burial, interment, cremation, dissolution, reduction or other disposition of human remains authorized by the board by rule. See Oregon Statutes 692.010
  • Operating cemetery: means a cemetery that:

    (a) Performs interments;

    (b) Has fiduciary responsibility for endowment care, general care or special care funds; or

    (c) Has outstanding preneed service contracts for unperformed services. See Oregon Statutes 692.010

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) A cemetery, other than an operating cemetery or a historic cemetery listed with the Oregon Commission on Historic Cemeteries under ORS § 97.782, must be registered with the board. An owner of a cemetery, other than an operating cemetery or a historic cemetery listed with the Oregon Commission on Historic Cemeteries under ORS § 97.782, must register the cemetery with the board on a form provided by the board. No fee may be required of a cemetery registrant.

(3) A person may not operate a crematorium unless the person has a certificate of authority to do so. A person may apply for a certificate of authority to operate a crematorium on a form provided by the board. The application must be accompanied by the application fee established under ORS § 692.160.

(4) A person may not operate a facility for final disposition of human remains other than a cemetery or a crematorium unless the person has a certificate of authority to do so. A person may apply for a certificate of authority on a form provided by the board. The application must be accompanied by an application fee established under ORS § 692.160.

(5) For purposes of this section and ORS § 692.025, each location of a cemetery, crematorium or other facility for final disposition of human remains is a separate location and must be licensed separately. Those cemeteries that are subject to registration must be registered separately.

(6) The board may consider the recommendations of national associations:

(a) Related to cremation in adopting rules regulating crematoriums.

(b) Related to an alternative final disposition in adopting rules regulating the alternative final disposition.

(7) This section applies to operating cemeteries or other cemeteries owned by any city, county or other municipal corporation.

(8) The board may not subject an exempt operating cemetery to random inspections. [1985 c.207 § 19; 1989 c.177 § 11; 1991 c.542 § 3; 1999 c.731 § 11; 2001 c.224 § 2; 2003 c.173 § 10; 2007 c.436 § 2; 2009 c.709 § 5; 2021 c.296 § 23]

 

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