ORS 692.275
Certificate of authority for operating cemetery, crematorium or facility for final disposition

  • fees
  • registration of certain cemeteries
  • rules applicable to crematoriums

(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 (License, certificate and registration fees). 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.

(2)

A cemetery, other than an operating cemetery or a historic cemetery listed with the Oregon Commission on Historic Cemeteries under ORS 97.782 (Listing of historic cemeteries), 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 (Listing of historic cemeteries), 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 (License, certificate and registration fees).

(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 (License, certificate and registration fees).

(5)

For purposes of this section and ORS 692.025 (License required for funeral service practitioner, embalmer, death care consultant, funeral establishment operator, cemetery operator, crematory operator or alternative disposition facility), 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]
Note: The amendments to 692.275 (Certificate of authority for operating cemetery, crematorium or facility for final disposition) by section 23, chapter 296, Oregon Laws 2021, become operative July 1, 2022. See section 33, chapter 296, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
692.275 (Certificate of authority for operating cemetery, crematorium or facility for final disposition). (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 (License, certificate and registration fees). 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.

(2)

A cemetery, other than an operating cemetery or a historic cemetery listed with the Oregon Commission on Historic Cemeteries under ORS 97.782 (Listing of historic cemeteries), 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 (Listing of historic cemeteries), 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 (License, certificate and registration fees).

(4)

For purposes of this section and ORS 692.025 (License required for funeral service practitioner, embalmer, death care consultant, funeral establishment operator, cemetery operator, crematory operator or alternative disposition facility), each location of a cemetery or crematorium is a separate location and must be licensed separately. Those cemeteries that are subject to registration must be registered separately.

(5)

The board may consider the recommendations of national associations related to cremation in adopting rules regulating crematoriums.

(6)

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 (License, certificate and registration fees).

(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.

Source: Section 692.275 — Certificate of authority for operating cemetery, crematorium or facility for final disposition; fees; registration of certain cemeteries; rules applicable to crematoriums, https://www.­oregonlegislature.­gov/bills_laws/ors/ors692.­html.

692.010
Definitions
692.025
License required for funeral service practitioner, embalmer, death care consultant, funeral establishment operator, cemetery operator, crematory operator or alternative disposition facility
692.040
Application of chapter
692.045
Funeral service practitioner license
692.070
Scope of examination for funeral service practitioner license
692.105
Embalmer license
692.130
Scope and conduct of embalmer examination
692.140
Reciprocity for embalmers or funeral service practitioners
692.143
License to practice as death care consultant
692.146
Application for funeral establishment or immediate disposition company license
692.148
When new or reissued license, registration or certificate required
692.160
License, certificate and registration fees
692.170
Reinstatement of lapsed licenses and registrations
692.180
Grounds for revocation, suspension or refusal to issue or renew licenses or certificates
692.190
Application for registration as funeral service practitioner trainee or embalmer trainee
692.230
Grounds for suspension and revocation of trainee registration
692.260
Grounds for revocation, suspension or refusal to renew funeral establishment or immediate disposition company license
692.265
License denial and civil penalty procedure
692.270
Certificate of removal registration for removal of dead human bodies
692.275
Certificate of authority for operating cemetery, crematorium or facility for final disposition
692.280
Temporary operating permit for cemetery
692.300
State Mortuary and Cemetery Board
692.310
Meetings
692.320
Powers and duties
692.330
Compensation and expenses
692.350
Publication of statutes and rules
692.375
State Mortuary and Cemetery Board Account
692.380
Courts having jurisdiction
692.385
Enforcement proceedings instituted by board
692.400
Duty to report prohibited conduct
692.405
Identifying receptacle
692.410
Environmentally sound practices
692.415
Report of death filing fee
692.990
Penalties
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