2015 ORS 97.948¹
Grounds for discipline by director for violation of ORS 97.923 to 97.949
  • suspension and revocation of certificate or registration
  • civil penalties
  • notification of board

(1) The Director of the Department of Consumer and Business Services may discipline a certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration who has been found by an audit or examination conducted by the director:

(a) To be in violation of ORS 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949);

(b) To have liabilities that exceed assets;

(c) To be unable to meet obligations as they come due; or

(d) To be in a financial condition that fails to adequately protect the interests of customers.

(2) In disciplining a certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration under subsection (1) of this section, the director may take the following actions:

(a) Impose probation.

(b) Suspend the certificate or registration.

(c) Revoke the certificate or registration.

(d) Place limitations on the certificate or registration.

(e) Refuse to issue or renew a certificate or registration.

(f) Issue an order to cease and desist from the activities that support the discipline.

(g) Take any other disciplinary action that the director finds proper, including assessment of the costs of the investigation and disciplinary proceedings and assessment of a civil penalty not to exceed $10,000 per violation.

(3) If the certificate or registration of a certified provider or master trustee is suspended under this section, the holder of the certificate or registration may not engage in the activities allowed by the certificate or registration during the term of suspension. Upon the expiration of the term of suspension, the director shall reinstate the certificate or registration if the conditions for which the certificate or registration was suspended no longer exist.

(4) The director shall enter each case of disciplinary action on the records of the Department of Consumer and Business Services.

(5) Civil penalties under this section may be imposed as provided in ORS 183.745 (Civil penalty procedures).

(6) If the director takes disciplinary action under this section, the director may send a notice of the action to the State Mortuary and Cemetery Board and to the Attorney General. [2001 c.796 §4; 2003 c.362 §7; 2005 c.338 §2; 2012 c.7 §15]

Note: Section 31, chapter 338, Oregon Laws 2005, provides:

Sec. 31. The order authorized by the amendments to ORS 97.948 (Grounds for discipline by director for violation of ORS 97.923 to 97.949) by section 2 of this 2005 Act applies to actions occurring before, on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.338 §31]

Note: See note under 97.923 (Definitions for ORS 97.923 to 97.949).

Chapter 97

Atty. Gen. Opinions

Embalming dead human body without prior authoriza­tion from surviving spouse or next of kin, (1981) Vol 41, p 457


1 Legislative Counsel Committee, CHAPTER 97—Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors097.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 97, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano097.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.