justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 97 — Rights

ORS 97.928. Prohibitions. A person may not, in connection with performing certified provider activities, providing services as a master trustee or providing related services: (1) Employ any device, scheme or artifice to defraud; (2) Knowingly make any untrue statement of a material fact or omit stating a material fact necessary in order to make the statements made, in the light of the circumstances under which the statements are made, not misleading; (3) Engage in any act, practice or course of business that operates or would operate as a fraud or deceit upon any person; or (4) Make or file, or cause to be made or filed, to or with the Director of the Department of Consumer and Business Services any statement, report or document that is known to be false in any material respect or matter. [2012 c.7 13; 2019 c.8 8] Note: See note under
ORS Chapter 97 — Rights

ORS 97.929. enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS Chapter 97 — Rights

ORS 97.930. [1977 c.715 2,3; renumbered 97.975 in 2001]
ORS Chapter 97 — Rights

ORS 97.931. Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales; rules; background check; civil penalties. (1) A salesperson may not engage in prearrangement sales made by endowment care cemeteries under ORS 97.929 or in preconstruction sales or prearrangement sales unless the salesperson is registered with the State Mortuary and Cemetery Board or holds a current funeral service practitioner license, embalmer license, funeral service practitioner trainee registration or embalmer trainee registration. The board by rule shall: (a) Establish procedures for issuing salesperson registrations under this subsection; (b) Establish standards for determining whether a salesperson registration should be issued; (c) Set renewal and salesperson registration fees; and (d) Require biennial renewal of salesperson registrations. (2) The board may conduct a background check of any salesperson applying for registration under subsection (1) of this section. The background check may include information solicited from the Department of State Police. After consideration of information obtained from any background check and any other information in its possession, the board shall determine whether to register the salesperson. (3)(a) The board may impose a civil penalty of up to $1,000 per violation or suspend, revoke or refuse to issue or renew the registration of a salesperson described in subsection (1) of this section upon a determination that the applicant or holder has not complied with the provisions of ORS 97.923 to 97.949 or ORS chapter 692, or any rules adopted thereunder. When the board proposes to take such action, the person affected by the action shall be accorded notice and an opportunity for hearing as provided by ORS chapter 183. The board shall notify the Director of the Department of Consumer and Business Services of its intent to take action against a salesperson or person acting as a salesperson. (b) The board shall suspend, revoke or refuse to issue or renew the registration of a salesperson if the director requests the board to take such action. (4) Fees and other moneys received by the board under this section shall be deposited into the State Mortuary and Cemetery Board Account established in ORS 692.375. [Formerly 128.414; 2005 c.726 2; 2015 c.367 12] Note: See note under
ORS Chapter 97 — Rights

ORS 97.935. Registration of master trustees; annual reports; rules; annual audits; fees. (1) An entity may not operate as a master trustee unless the entity is registered with the Director of the Department of Consumer and Business Services. The director shall: (a) Establish procedures for registering master trustees under this section. (b) Establish standards for master trustees. (c) Set registration and renewal fees. (d) Establish standards for rules of conduct of master trustees. (2)(a) A master trustee shall file an annual report with the director on forms prescribed by the director by rule. The annual report must contain any information reasonably considered necessary by the director, including but not limited to: (A) A disclosure of changes in trust deposits; and (B) A list of all certified providers for which the master trustee holds funds and the total amount of funds held for each certified provider. (b) The director may take appropriate action under ORS 97.948 and 97.949 if a master trustee fails to file the annual report or the report contains any material discrepancy. (c) The director may relieve a master trustee of the duty to file the annual report upon a determination that the master trustee has performed all obligations under the trust agreement with each certified provider, or that the master trustees obligations have been lawfully assumed by another master trustee or have been discharged or canceled. (3) The director may conduct an annual audit of a master trustee. The director shall prescribe the form of audits under this section by rule. (4) A master trustee who is audited under this section shall pay all expenses and costs incurred by the director in conducting the audit. [2001 c.796 2; 2003 c.362 4; 2007 c.661 16; 2012 c.7 5] Note: See note under
ORS Chapter 97 — Rights

ORS 97.936. Emergency orders of suspension or restriction. (1) In addition to other actions authorized under ORS 97.948 (2), the Director of the Department of Consumer and Business Services may: (a) Issue an emergency order suspending or restricting a certificate or registration or ordering a certified provider or master trustee or an entity acting as a certified provider or master trustee to cease and desist from specified conduct; or (b) Take other action deemed necessary by the director in the circumstances. (2) The director shall promptly provide opportunity for hearing pursuant to ORS chapter 183. (3) Emergency orders are: (a) Effective when issued; (b) Reviewable as provided in ORS 183.480; and (c) Enforceable in the courts of this state. [2007 c.661 23; 2012 c.7 6] Note: See note under
ORS Chapter 97 — Rights

ORS 97.939. Prearrangement or preconstruction sales contracts; contents; delivery. (1) Three copies of a written sales contract shall be executed for each prearrangement sales contract or preconstruction sales contract sold by a certified provider. The certified provider shall retain one copy of the contract and a copy of the completed contract shall be given to: (a) The purchaser; and (b) The depository or the master trustee, if applicable. (2) Upon receiving trust funds under ORS 97.941, the master trustee shall sign a copy of the contract received under subsection (1) of this section, retain a copy for its files and return the contract to the purchaser. (3) Each completed contract shall: (a) Comply with the plain language standards described in ORS 180.545 (1); (b) Be consecutively numbered; (c) Have a corresponding consecutively numbered receipt; (d) Be preprinted or, if the certified provider uses a master trustee, be obtained from the master trustee; (e) Identify the purchaser and certified provider who sold the contract; (f) Specify whether the contract is a guaranteed contract or a nonguaranteed contract; (g) Specify the specific funeral or cemetery merchandise or services or undeveloped interment spaces included and not included in the contract; and (h) If a guaranteed contract, disclose that the certified provider is entitled to receive 10 percent of the sales price. (4)(a) Notwithstanding ORS 97.943 (8), in the case of a prearrangement sales contract, if at the time of entering into the contract, the beneficiary of the contract is a recipient of public assistance or medical assistance, as defined in ORS 414.025, or reasonably anticipates becoming a recipient of public assistance or medical assistance, the contract may provide that the contract is irrevocable. (b) The contract may provide for an election by the beneficiary, or by the purchaser on behalf of the beneficiary, to make the contract thereafter irrevocable if after the contract is entered into, the beneficiary becomes eligible or seeks to become eligible for public assistance or medical assistance. [Formerly 128.421; 2007 c.661 18; 2012 c.7 7; 2013 c.688 11] Note: See note under
ORS Chapter 97 — Rights

ORS 97.941. Prearrangement or preconstruction trust fund deposits. (1) Upon receiving anything of value under a prearrangement sales contract or preconstruction sales contract, the certified provider who sold the contract shall deposit the following amounts into one or more trust funds maintained pursuant to ORS 97.923 to 97.949, 97.992, 97.994 and 692.180: (a) If the amount received is in payment of a guaranteed prearrangement sales contract or guaranteed preconstruction sales contract, 90 percent of the amount received. The certified provider who sold the contract is entitled to receive the remaining 10 percent. (b) If the amount received is in payment of a nonguaranteed prearrangement sales contract or nonguaranteed preconstruction sales contract, 100 percent of the amount received. (2) A certified provider shall pay all trust funds required by ORS 97.923 to
ORS Chapter 97 — Rights

ORS 97.942. Appointment of receiver; criteria. (1) The Attorney General, on behalf of the Director of the Department of Consumer and Business Services, may petition the circuit courts of this state for appointment of a receiver for a certified provider or entity acting as a certified provider without certification. (2) If the court determines that a receivership is necessary or advisable, the court shall appoint a receiver: (a) When a receiver would ensure the orderly and proper conduct of a certified providers professional business and affairs during or in the aftermath of an administrative proceeding to revoke or suspend the certified provider; (b) When a receiver would protect the publics interest and rights in the business, premises or activities of the certified provider or entity sought to be placed in receivership; (c) Upon a showing of serious and repeated violations of ORS 97.923 to 97.949 demonstrating an inability or unwillingness to comply with the provisions of ORS 97.923 to 97.949; (d) When a receiver would prevent loss, wasting, dissipation, theft or conversion of assets that should be marshaled and held available for the honoring of obligations under ORS 97.923 to 97.949; or (e) When the court receives proof of other grounds that the court deems good and sufficient for instituting receivership action concerning the certified provider or entity sought to be placed in receivership. (3)(a) A receivership under this section may be temporary or for the winding up and dissolution of a business, as the director may request and the court determines to be necessary or advisable in the circumstances. (b) Venue of receivership proceedings may be, at the directors request, in Marion County or the county where the subject of the receivership is located. The appointed receiver shall be the director or a person that the director nominates and that the court approves. (c) The director may expend money from budgeted funds or the Funeral and Cemetery Consumer Protection Trust Fund to implement a receivership. Any expenditures are a claim against the estate in the receivership proceedings. [2007 c.661 24; 2012 c.7 9] Note: See note under
ORS Chapter 97 — Rights

ORS 97.943. Distributions from prearrangement trust fund deposits. (1) A master trustee or a depository may not make any distributions from prearrangement sales contract trust fund deposits except as provided in this section. (2) The principal of a trust created pursuant to a prearrangement sales contract shall be paid to the certified provider who sold the contract if the certified provider who sold the contract swears, by affidavit, that the certified provider has delivered all merchandise and performed all services required under the prearrangement sales contract and delivers to the master trustee or the depository one of the following: (a) A certified copy of a death record of the beneficiary; or (b) A sworn affidavit signed by the certified provider and by: (A) One member of the beneficiarys family; or (B) The executor of the beneficiarys estate. (3) The principal of a trust created pursuant to a prearrangement sales contract must be paid to the purchaser if the original certified provider is no longer qualified to serve as the certified provider under ORS 97.941 (11). (4) Upon completion by the certified provider of the actions described in subsection (2) of this section, the master trustee or the depository shall pay to the certified provider from the prearrangement sales contract trust fund an amount equal to the sales price of the merchandise delivered. (5) Upon the final payment to the certified provider of the principal in trust under subsection (2) of this section, the undistributed earnings of the trust must be paid to: (a) The certified provider who sold the contract if the contract is a guaranteed contract; or (b) The contract purchaser, or the purchasers estate, if the contract is a nonguaranteed contract. (6) The master trustee or the depository may rely upon the certifications and affidavits made to it under the provisions of ORS 97.923 to 97.949, 97.992,
ORS Chapter 97 — Rights

ORS 97.945. Funeral and Cemetery Consumer Protection Trust Fund; fee; rules; maximum balance. (1) A certified provider shall pay to the Director of the Department of Consumer and Business Services a $5 fee for each prearrangement sales contract or preconstruction sales contract entered into, to be paid into a special income earning fund in the State Treasury, separate from the General Fund, known as the Funeral and Cemetery Consumer Protection Trust Fund. The fees shall be remitted to the director annually within 30 days after the end of December for all contracts that have been entered into during the 12-month period. (2) Except as provided in this section, the fund shall be used solely for the purpose of providing restitution to purchasers who have suffered pecuniary loss arising out of prearrangement sales contracts or preconstruction sales contracts. The fund may be used for payment of actual administrative expenses incurred in administering the fund. All moneys in the Funeral and Cemetery Consumer Protection Trust Fund are appropriated continuously to the director for the payment of restitution under this section and the payment of expenses incurred in performing the duties and functions of the director required under ORS 97.923 to 97.949, 97.992, 97.994 and 692.180. (3) The director shall administer the fund and shall adopt rules governing the payment of restitution from the fund. (4) Payments for restitution shall be made only upon order of the director where the director determines that the obligation is noncollectible from the certified provider. Restitution must not exceed the amount of the sales price paid plus interest at the statutory rate. (5) The fund must not be applied toward any restitution for losses on a prearrangement sales contract or preconstruction sales contract entered into prior to September 27, 1987. (6) The fund must not be allocated for any purpose other than that specified in ORS
ORS Chapter 97 — Rights

ORS 97.946. Advertising and marketing prohibitions. (1) A person may not engage in unsolicited door to door or telephone advertising and marketing of prearrangement sales contracts or preconstruction sales contracts. The costs of advertising and marketing may not be paid from trust funds. (2) Advertising and marketing a prearrangement sales contract or a preconstruction sales contract by a funeral service practitioner, embalmer or funeral service establishment licensed under ORS chapter 692 does not constitute a violation of ORS 692.180 (1)(c). [Formerly 128.440] Note: See note under
ORS Chapter 97 — Rights

ORS 97.947. Examination of providers and master trustees by director; subpoena power; depositions. (1)(a) The Director of the Department of Consumer and Business Services may examine the conditions and resources, including sales contracts, of a certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration to determine whether the certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration is complying with ORS
ORS Chapter 97 — Rights

ORS 97.948. 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 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. (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: See note under
ORS Chapter 97 — Rights

ORS 97.950. [1995 c.717 1; 1997 c.472 4; 1999 c.201 1; 2005 c.505 1; repealed by 2007 c.681 31] REVISED UNIFORM ANATOMICAL GIFT ACT
ORS Chapter 97 — Rights

ORS 97.951. were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS Chapter 97 — Rights

ORS 97.955. Purpose of anatomical gift; persons authorized to make gift. (1) Subject to ORS 97.963, a donor may make an anatomical gift of a donors body or body part during the life of the donor for the purpose of transplantation, therapy, research or education. (2) An anatomical gift may be made in the manner provided in ORS 97.957 by: (a) The donor, if the donor is an adult or if the donor is a minor and is: (A) Emancipated; or (B) Authorized under ORS 807.280 to apply for an instruction driver permit because the donor is at least 15 years of age; (b) An agent of the donor, unless the form appointing a health care representative, as defined in ORS 127.505, or other record prohibits the agent from making an anatomical gift; (c) A parent of the donor, if the donor is an unemancipated minor; or (d) The donors guardian. [2007 c.681 3; 2018 c.36 25] Note: See note under
ORS Chapter 97 — Rights

ORS 97.957. Methods of making anatomical gift before death of donor. (1) A donor may make an anatomical gift: (a) By a designation on the donors driver license or identification card; (b) In a will; (c) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; (d) By a donor card or other record signed by the donor or other person making the gift; or (e) By authorizing that a statement, symbol or designation indicating that the donor has made an anatomical gift is to be included on a donor registry. (2) If the donor or other person authorized to make an anatomical gift under ORS
ORS Chapter 97 — Rights

ORS 97.959. Revocation or amendment of anatomical gift by donor or agent or guardian of donor. (1) Except as provided in subsection (7) or (8) of this section, an anatomical gift made under ORS 97.957 may be amended or revoked only by the donor in accordance with the provisions of this section and may not be amended or revoked by any other person otherwise authorized to make, amend or revoke a gift under ORS 97.963 or 97.967. (2) A donor or other person authorized to amend or revoke an anatomical gift under subsection (7) or (8) of this section may amend or revoke an anatomical gift by: (a) A record signed by: (A) The donor; (B) The other person; or (C) Subject to subsection (3) of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or (b) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. (3) A record signed pursuant to subsection (2)(a)(C) of this section must: (a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (b) State that it has been signed and witnessed as required in this subsection. (4) A donor or other person authorized to revoke an anatomical gift under subsection (7) or (8) of this section may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift. (5) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. (6) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (4) of this section. (7) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donors body or body part. (8) An agent or guardian of a donor may amend or revoke an anatomical gift only if: (a) The agent or guardian made the gift under ORS 97.955 (2)(b) or (d); or (b) The form appointing a health care representative, as defined in ORS 127.505, or other record appointing the agent expressly authorizes the agent to amend or revoke anatomical gifts. [2007 c.681 5; 2009 c.106 2; 2011 c.61 1; 2018 c.36 26] Note: See note under