(1) The State Mortuary and Cemetery Board may adopt and enforce rules for the protection of the public health, safety and welfare relating to the following:

Terms Used In Oregon Statutes 692.320

  • 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

  • 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
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(a) The licensing of or issuance of certificates of authority for funeral service practitioners, embalmers, death care consultants, funeral establishments, crematoriums, cemeteries and other facilities for final disposition of human remains.

(b) The registration of trainees.

(c) The practice of funeral service practitioners, embalmers and death care consultants, and the operation of funeral establishments, immediate disposition companies, crematoriums, cemeteries and other facilities for final disposition of human remains.

(d) Sanitary conditions of funeral establishments, crematoriums, cemeteries, other facilities for final disposition of human remains and any location at which human remains are stored, temporarily held or processed prior to final disposition.

(e) Matters necessary to carry out the provisions of this chapter.

(2)(a) Subject to paragraphs (c), (d) and (e) of this subsection, the board:

(A) Shall inspect, at least once every two years, the premises and records of funeral establishments, cemeteries, crematoriums, immediate disposition companies and other facilities used for the final disposition of human remains and any other location at which human remains may be stored, temporarily held or processed prior to final disposition; and

(B) May make random inspections or establish a self-inspection program to supplement inspections required by subparagraph (A) of this paragraph.

(b) The board shall employ one or more persons to perform inspections under this subsection and to aid in the enforcement of the provisions of this chapter and ORS chapters 97 and 432 or rules adopted under this chapter and ORS chapters 97 and 432, except that the board may not employ a person under this paragraph if the person is a member of the board or actively engaged in a profession or practice regulated by this chapter. However, a person who is a member of the board or actively engaged in a practice or profession regulated by this chapter may perform inspections pursuant to a self-inspection program established under paragraph (a) of this subsection.

(c) The board may inspect records under this subsection only to the extent that is necessary to ensure compliance with the provisions of this chapter and ORS chapters 97 and 432 or rules adopted under this chapter or ORS chapters 97 and 432.

(d) The board may not inspect any area used as living quarters under this subsection.

(e) The board may adopt rules setting forth criteria by which an exempt operating cemetery is exempt from inspections described in paragraph (a)(A) of this subsection.

(3) The board may hold hearings, conduct investigations, subpoena witnesses, administer oaths and take testimony in order to carry out the provisions of this chapter and rules adopted under this chapter.

(4) The board shall have a common seal and, subject to any applicable provision of the State Personnel Relations Law, may employ staff, fix the compensation for staff and incur other necessary expenses. [Amended by 1957 c.596 § 8; 1973 c.411 § 11; 1983 c.389 § 6; 1983 c.810 § 22; 1985 c.207 § 17; 1987 c.252 § 1; 1989 c.177 § 12; 1993 c.248 § 4; 1997 c.638 § 11; 2009 c.709 § 6; 2009 c.756 § 86; 2015 c.367 § 18; 2015 c.516 § 1]

 

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