reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 692 - Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery Operators; Crematory Operators and Alternative Disposition Facilities › Section 692.270 - Certificate of removal registration for removal of dead human bodies; requirements; sanctions.

(1) The State Mortuary and Cemetery Board shall issue a certificate of removal registration to a funeral establishment licensed in another state contiguous to Oregon with laws substantially similar to the provisions of this section for the limited purpose of removing dead human bodies from Oregon, prior to submitting a report of death, if the establishment that will make the removals applies to the board for a certificate of removal registration on a form provided by the board. The application fee established under ORS 692.160 shall accompany the application. A certificate issued under this subsection expires upon a change of ownership of the funeral establishment.
(2) For purposes of this section, each branch of a registrant’s funeral establishment is a separate establishment and must be registered as a fixed place of business.
(3) Notwithstanding ORS 692.025 (1) and 692.045, a funeral service practitioner who files reports of death in another state may file an Oregon report of death if the funeral service practitioner is employed by a licensed funeral establishment registered with the board under this section.
(4) The conduct of a funeral service practitioner or any other person employed by or acting on behalf of a removal registrant shall be the direct responsibility of the holder of a certificate of removal registration.
(5) For any of the causes described in ORS 692.180, or for violation of any death care rule or law in another state, the board may impose upon the holder of a certificate of removal registration or applicant any of the sanctions described in ORS 692.180. [1999 c.724 §6; 2013 c.366 §80]
Note:
692.270 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 692 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 692 - Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery Operators; Crematory Operators and Alternative Disposition Facilities › Section 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. 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, 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]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 692 - Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery Operators; Crematory Operators and Alternative Disposition Facilities › Section 692.280 - Temporary operating permit for cemetery; rules.

(1) The State Mortuary and Cemetery Board may grant a temporary operating permit for a cemetery that does not hold a valid license to operate for the purpose of performing an interment. The board may grant the temporary operating permit to a person that holds a license, certificate of authority or registration issued by the board, or to a person who works in the cemetery industry and who the board determines is qualified.
(2) The board may grant the temporary operating permit described in subsection (1) of this section only if a death that necessitates interment has occurred and there is an existing prearrangement sales contract, as defined in ORS 97.923, to which the cemetery is a party.
(3) The board shall adopt rules regarding temporary operating permits. The rules adopted under this subsection must require:
(a) That the person granted the temporary operating permit maintain records; and
(b) That the plot location stated in the existing prearrangement sales contract is verified before the interment.
(4) The board may not charge a fee for a temporary operating permit. [2018 c.27 §1]
Note:
692.280 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 692 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 692 - Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery Operators; Crematory Operators and Alternative Disposition Facilities › Section 692.310 - Meetings; officers.

The State Mortuary and Cemetery Board shall meet at least semiannually, and at such other times as it may determine, and shall elect from its members, each for a term of one year, a president and secretary. The secretary shall also act and serve as treasurer of the board. [Amended by 1971 c.115 §14; 1973 c.411 §10; 1983 c.810 §21]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 692 - Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery Operators; Crematory Operators and Alternative Disposition Facilities › Section 692.330 - Compensation and expenses.

Each member of the State Mortuary and Cemetery Board is entitled to compensation and expenses as provided in ORS 292.495. [Amended by 1969 c.314 §93; 1973 c.411 §12]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 692 - Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery Operators; Crematory Operators and Alternative Disposition Facilities › Section 692.350 - Publication of statutes and rules.

Except as provided in this section, after each change in the provisions of this chapter or in the rules adopted under this chapter, the State Mortuary and Cemetery Board shall publish for distribution to funeral service practitioners, embalmers and trainees of funeral service practitioners and embalmers, and to other interested persons, the provisions of this chapter together with all rules adopted under this chapter. If a change or changes in the rules are not extensive in scope, the board may publish the changes in supplementary form. [Amended by 1983 c.810 §23; 2015 c.367 §19]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 692 - Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery Operators; Crematory Operators and Alternative Disposition Facilities › Section 692.375 - State Mortuary and Cemetery Board Account; disposition of receipts.

The State Mortuary and Cemetery Board Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the State Mortuary and Cemetery Board under this chapter shall be paid into the account and are appropriated continuously to be used only for the administration and enforcement of this chapter, for the administration and enforcement of ORS 97.931 and for the purpose of education of funeral service practitioners, embalmers and death care consultants. Any interest or other income from moneys in the account shall be credited to the account. [1973 c.411 §14; 1983 c.810 §24; 2001 c.796 §26; 2005 c.726 §1; 2009 c.709 §15]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 692 - Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery Operators; Crematory Operators and Alternative Disposition Facilities › Section 692.380 - Courts having jurisdiction; initiation of proceedings.

Circuit courts, justice courts and municipal courts sitting as justice courts have concurrent jurisdiction with the circuit courts of the State of Oregon in all prosecutions arising under this chapter. The district attorney is authorized to institute prosecutions for violations of this chapter by information, or prosecutions may be instituted by indictment, or by complaint verified before any magistrate.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 692 - Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery Operators; Crematory Operators and Alternative Disposition Facilities › Section 692.385 - Enforcement proceedings instituted by board; relation to other enforcement provisions.

(1) Whenever it appears to the State Mortuary and Cemetery Board that any person is engaged or about to engage in any acts or practices which constitute a violation of any statute administered by the board, or any rule or order issued thereunder, the board may institute proceedings in the circuit courts to enforce obedience thereto by injunction, or by other processes, mandatory or otherwise, restraining such person, or its officers, agents, employees and representatives from further violation of such statute, rule or order, and enjoining upon them obedience thereto.
(2) The provisions of this section are in addition to and not in substitution of any other enforcement provisions contained in any statute administered by the board. [1987 c.252 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 692 - Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery Operators; Crematory Operators and Alternative Disposition Facilities › Section 692.400 - Duty to report prohibited conduct.

Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a person licensed or registered under this chapter who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150. [2009 c.536 §35]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 692 - Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery Operators; Crematory Operators and Alternative Disposition Facilities › Section 692.405 - Identifying receptacle.

The funeral service practitioner or person acting as such shall be responsible for causing to be affixed to each receptacle, as defined by rule of the State Mortuary and Cemetery Board, in which a dead human body is contained an identifying metal disc, of a design to be approved by rule of the State Mortuary and Cemetery Board, that shall remain attached to the receptacle in which the body is contained and shall bear a corresponding number that is also in the report of death and the final disposition permit. In the event of cremation or reduction, the disc shall stay with the cremated or reduced remains. [1985 c.207 §20; 2013 c.366 §81; 2021 c.296 §24]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 692 - Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery Operators; Crematory Operators and Alternative Disposition Facilities › Section 692.410 - Environmentally sound practices; rules.

The State Mortuary and Cemetery Board shall adopt rules promoting environmentally sound death care practices. [2009 c.709 §7]
Note:
692.410 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 692 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 692 - Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery Operators; Crematory Operators and Alternative Disposition Facilities › Section 692.415 - Report of death filing fee; use of funds; rules.

(1) The State Mortuary and Cemetery Board shall impose and collect a filing fee of $30 for each report of death. The board shall deposit the amount received into the State Mortuary and Cemetery Board Account established under ORS 692.375. The fee shall be used as follows:
(a) $16 to be used to carry out the requirements of ORS 97.170 (5); and
(b) $14 to be used in the same manner as other funds credited to the account are used.
(2) The board shall adopt rules regarding the use of the fee described in subsection (1) of this section and shall consider historical data related to expenditures made for the purposes of carrying out the requirements of ORS 97.170 (5) and 692.375. Expenditures relating to the administration of the fee may not exceed five percent of the moneys collected. [Formerly 413.825; 2021 c.352 §1]
Note:
692.415 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 692 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 692 - Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery Operators; Crematory Operators and Alternative Disposition Facilities › Section 692.990 - Penalties.

Violation of ORS 692.025 is a misdemeanor. [Amended by 1957 c.596 §9; 1983 c.810 §25]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.010 - Definitions.

As used in this chapter, unless the context requires otherwise:
(1) "Apprentice plumber" means any person who is an apprentice under ORS 660.002 to 660.210 and who is employed by a licensed plumbing contractor for the purpose of assisting the journeyman plumber and learning the plumbing trade.
(2) "Board" means the State Plumbing Board.
(3) "Journeyman plumber" means any person holding a valid journeyman plumber license issued under this chapter.
(4) "Licensed plumbing contractor" means a person licensed as required under ORS 447.010 to 447.156 to engage in the business of furnishing labor and material, or labor only, to install, alter and repair plumbing.
(5) "Plumbing" has the meaning given that term in ORS 447.010. [Amended by 1971 c.753 §33; 1981 c.438 §10; 1993 c.744 §151; 2005 c.758 §41; 2007 c.271 §11]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.025 - Insurance required of certain providers of low-flow showerheads or faucet aerators; limitation on services; penalty.

(1) A utility company, energy service provider or water supplier whose employees install low-flow showerheads or faucet aerators shall furnish evidence to the Department of Consumer and Business Services, in the form of a public liability policy issued by an insurance company qualified to do business in Oregon, that the company, provider or water supplier and its employees are protected against liability for injury or death to persons and loss of or damage to property resulting from the installation.
(2) A person who contracts with a utility company, energy service provider or water supplier to perform the functions described in subsection (1) of this section shall furnish evidence to the Department of Consumer and Business Services, in the form of a public liability policy issued by an insurance company qualified to do business in Oregon, that the contractor and its employees are protected against liability for injury or death to persons and loss of or damage to property resulting from the installation.
(3) The amount of the liability insurance required under subsections (1) and (2) of this section shall be in the amount of not less than $25,000 for bodily injury to one or more persons and not less than $25,000 for property damage.
(4) A person who performs, or who contracts to have performed, a service described in subsection (1) of this section may not perform any additional service for which a license is required under ORS chapter 693 unless the person is licensed under ORS chapter 693 to perform the additional service. A person not licensed under ORS chapter 693 who performs services that are not described in subsection (1) of this section for which a license is required under ORS chapter 693 is subject to civil penalty under ORS 693.992.
(5) Every utility company, energy service provider or water supplier shall include in any contract for the performance of a service described in subsection (1) of this section a statement that, under penalty of ORS 693.992, the contractor may not perform any service for which a license is required under ORS chapter 693, except installation of low-flow showerheads or faucet aerators, unless the contractor is licensed under ORS chapter 693 to perform that service. [1993 c.293 §1; 2001 c.411 §29; 2003 c.14 §438; 2005 c.758 §43]
Note:
693.025 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 693 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.030 - Journeyman plumber license requirement; prohibited acts by plumbing contractor.

(1) A person may not engage in the trade of journeyman plumber without a journeyman plumber license issued under this chapter.
(2) A licensed plumbing contractor or a person required under ORS 447.010 to 447.156 to be licensed as a plumbing contractor may not:
(a) Permit or suffer any person to work as a journeyman plumber who does not hold a valid journeyman plumber license.
(b) Permit or suffer any person to work as an apprentice plumber who does not meet the requirements of ORS 660.002 to 660.210.
(c) Employ an apprentice plumber on any plumbing work, representing the apprentice plumber to be a journeyman plumber.
(d) Charge a journeyman plumber’s wage for services performed by an apprentice plumber. [Amended by 1981 c.438 §12; 1999 c.733 §1; 2005 c.758 §44; 2007 c.271 §12]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.040 - Apprentices; authority to work.

An apprentice plumber may work at the trade of plumbing if the apprentice works under the supervision of a licensed journeyman plumber. [Amended by 1981 c.438 §13; 1993 c.397 §2; 2005 c.758 §45]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.060 - Issuance of journeyman’s license.

The State Plumbing Board shall issue a license to a person who:
(1) By the examination provided for by this chapter is shown to be fit, competent and qualified to engage in the trade of journeyman plumber;
(2) Complies with board rules adopted under ORS 455.117; and
(3) Pays the applicable application fee established by the board under ORS 693.135. [Amended by 1973 c.734 §5; 1981 c.438 §15; 2005 c.758 §46; 2007 c.271 §13]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.070 - License number; issue and expiration dates.

All licenses shall bear:
(1) The date of issue and date of expiration; and
(2) An identification number assigned by the State Plumbing Board. [Amended by 1975 c.429 §15; 1981 c.438 §16; 2005 c.758 §47]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.095 - Supervising plumber license; rules.

The State Plumbing Board may adopt rules that provide for the issuance of supervising plumber licenses to journeyman plumbers who:
(1) Demonstrate to the satisfaction of the board competency in the supervision of plumbing work and in the laws, rules, ordinances and practices relating to plumbing;
(2) Comply with board rules adopted under ORS 455.117; and
(3) Pay the applicable application fee established by the board under ORS 693.135. [1981 c.438 §22; 2005 c.758 §48; 2007 c.271 §14]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.103 - Limited specialty plumbers; rules; scope of license; water heater specialty.

(1) The State Plumbing Board, by rule, may license limited specialty plumbers who:
(a) Demonstrate to the satisfaction of the board competency in the laws, rules, ordinances and practices relating to a plumbing specialty; and
(b) Pay the journeyman plumber application fee established by the board under ORS 693.135.
(2) A limited specialty plumber license authorizes a person to perform work in the specific branch of the plumbing trade for which the license is issued.
(3)(a) The board shall establish a limited specialty plumber license for persons licensed under ORS 479.630 (12) to install and replace residential water heaters in existing plumbing designed for that purpose if the installation or replacement does not require an alteration of the existing plumbing.
(b) Qualification for a limited specialty plumber license under this subsection shall include testing and a requirement for training.
(c) This subsection does not otherwise affect the ability of persons licensed under subsection (1) of this section to make connections to water systems. [1985 c.590 §4; 1993 c.477 §1; 1995 c.715 §6; 2005 c.758 §49; 2007 c.271 §15]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.105 - Procedure for refusal, revocation or suspension of license; procedures for hearings, rules, orders and review.

(1) Where the State Plumbing Board proposes to refuse to issue or renew any license under this chapter, or proposes to revoke or suspend any license, opportunity for hearing shall be accorded as provided in ORS chapter 183.
(2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183.
(3) Hearings under this section must be conducted by an administrative law judge assigned from the Office of Administrative Hearings established by ORS 183.605. [1971 c.734 §154; 1999 c.849 §§169,170; 2003 c.75 §60; 2005 c.758 §50]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.111 - Solar heating and cooling system installers; rules; fees.

The State Plumbing Board, by rule, shall establish a solar heating and cooling system installer license. The board may impose appropriate fees for applications, examinations and issuance or renewal of an installer license. [2001 c.683 §23; 2005 c.758 §51]
Note:
693.111 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 693 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.115 - State Plumbing Board; membership; term; compensation and expenses.

(1) The State Plumbing Board is established in the Department of Consumer and Business Services, consisting of seven members appointed by the Governor. The appointment of a member of the board is subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution.
(2) The members of the board shall be as follows:
(a) One journeyman plumber with 10 or more years’ experience in the trade or calling of journeyman plumber;
(b) One licensed plumbing contractor;
(c) One local plumbing inspector who is a journeyman plumber;
(d) One registered professional mechanical engineer;
(e) One officer or employee of the Oregon Health Authority;
(f) One plumbing equipment supplier who otherwise qualifies by experience in the industry or one building official; and
(g) One member of the general public.
(3) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is not eligible for appointment to more than two full terms of office. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(4) A member of the board shall receive compensation and expenses as provided in ORS 292.495. [1981 c.438 §§4,5,9; 1987 c.414 §51; 1993 c.744 §153; 2003 c.14 §439; 2005 c.758 §52; 2009 c.595 §1111]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.120 - Duties of board to examine applicants for journeyman plumber licenses.

The State Plumbing Board shall examine all persons applying for journeyman plumber licenses for qualifications. The examination shall be in written form. [Amended by 1971 c.753 §35; 1981 c.438 §19; 2005 c.758 §53; 2007 c.271 §16]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.125 - Officers; quorum.

(1) The State Plumbing Board shall select one of its members as chairperson and another as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of such offices as the board determines.
(2) A majority of the members of the board constitutes a quorum for the transaction of business. [1981 c.438 §§7,8; 2011 c.272 §24]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.135 - Fees; rules.

The State Plumbing Board shall adopt rules establishing fees to be charged by and paid to the board. The following shall be the maximum fees established under this section:
(1) For an application for a journeyman plumber license, $100.
(2) For a journeyman plumber license renewal, $50 per year.
(3) For an application for a plumbing contractor license, $150.
(4) For a plumbing contractor license renewal, $150 per year.
(5) For an application for a supervising plumber license, $50.
(6) For a supervising plumber license renewal, $50 per year.
(7) For continuing education for renewing a license, $25 per year. [1981 c.438 §24; 1991 c.555 §3; 1993 c.397 §3; 2005 c.758 §54; 2007 c.271 §17]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.165 - Disposition of receipts.

All moneys received by the Department of Consumer and Business Services or the State Plumbing Board under ORS 447.010 to 447.156, 447.992 and 455.895 (1)(a) and this chapter shall be paid into the Consumer and Business Services Fund created by ORS 705.145. Such moneys shall be used only for the administration and enforcement of ORS 447.010 to 447.156 and 447.992 and this chapter. [1981 c.438 §26; 1993 c.744 §161; 2001 c.411 §30]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.180 - Denial of right to court action for unlicensed plumber or unqualified apprentice.

A person who provides services connected with plumbing, as defined in ORS 447.010, may not bring or maintain an action in the courts of this state to recover for those services unless the person alleges and proves that, at the time the services were performed, the person performing the services either:
(1) Held a valid journeyman plumber license; or
(2) Was an apprentice plumber. [1981 c.438 §25; 1993 c.397 §4; 2005 c.758 §55]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.992 - Civil penalty for violations of chapter.

The State Plumbing Board may impose a civil penalty for a violation of this chapter or rules adopted for the administration and enforcement of this chapter. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895. [2001 c.411 §12]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 693 - Plumbers › Section 693.994 - Civil penalty for violations of ORS 447.065 or 693.111.

The State Plumbing Board may impose a civil penalty on a person who violates ORS 447.065 or 693.111 or a board rule adopted thereunder. A civil penalty may not exceed $5,000. The imposition of civil penalties under this section is subject to ORS chapter 183. [2001 c.683 §24]
Note:
693.994 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 693 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 694 - Hearing Aid Specialists › Section 694.015 - Definitions for ORS 694.015 to 694.170.

As used in ORS 694.015 to 694.170, unless the context requires otherwise:
(1) "Dealing in hearing aids" means the sale, lease or rental, attempted sale, lease or rental or ordering the use of hearing aids in conjunction with the evaluation or measurement of the powers or range of human hearing and the recommendation, selection or adaptation of hearing aids.
(2)(a) "Hearing aid" means any prosthetic instrument or device designed for or represented as aiding, improving or correcting defective human hearing and any parts, attachments or accessories of such an instrument or device.
(b) "Hearing aid" does not include:
(A) Any device which is surgically implanted or otherwise medically inserted by a physician licensed by ORS chapter 677 for the purpose of treating or correcting a hearing impairment; or
(B) An over-the-counter hearing aid.
(3) "Over-the-counter hearing aid" has the meaning given that term in 21 C.F.R. 800.30. [1959 c.634 §1; 1967 c.631 §1; 1971 c.650 §28; 1985 c.227 §3; 1999 c.885 §43; 2005 c.648 §87; 2013 c.568 §110; 2023 c.109 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 694 - Hearing Aid Specialists › Section 694.025 - License required to deal in hearing aids; exceptions.

(1) A person may not deal in hearing aids or display a sign or in any other way advertise or represent that the person deals in hearing aids unless the person holds an active license issued by the Health Licensing Office as provided in ORS 694.015 to 694.170.
(2) Notwithstanding subsection (1) of this section, ORS 694.015 to 694.170 do not apply to:
(a) An audiologist licensed under ORS chapter 681.
(b) A physician licensed under ORS chapter 677.
(c) A person involved in the sale of an over-the-counter hearing aid. [1959 c.634 §2; 1967 c.631 §2; 1971 c.650 §29; 1985 c.227 §4; 2005 c.648 §88; 2009 c.701 §62a; 2013 c.314 §52; 2013 c.568 §111; 2023 c.109 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 694 - Hearing Aid Specialists › Section 694.032 - Offer for or sale of hearing aid by direct mail; availability of fitting.

(1) It is unlawful for any person to offer for sale or sell a hearing aid in this state by direct mail.
(2) Any offer for sale or sale of a hearing aid in this state must include the availability of fitting the hearing aid in this state prior to the sale.
(3) Nothing in this section is intended to prohibit:
(a) Advertising by mail or delivery of a hearing aid by mail if the fitting and sale were completed in this state.
(b) The sale by direct mail of an over-the-counter hearing aid. [1989 c.858 §2; 2023 c.109 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 694 - Hearing Aid Specialists › Section 694.036 - Statement to prospective hearing aid purchaser; contents; copy retained.

(1) Prior to consummation of the sale of a hearing aid, a person dealing in hearing aids shall deliver to the prospective purchaser a written statement, signed by the person dealing in hearing aids. The statement shall be on a form prescribed by the Health Licensing Office that shall include but not be limited to all of the following:
(a) The name and address of the prospective purchaser.
(b) The date of the sale.
(c) Specifications as to the make, serial number and model number of the hearing aid or aids sold.
(d) The address or principal place of business of the person dealing in hearing aids.
(e) A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.
(f) The number of the hearing aid specialist license of the person dealing in hearing aids.
(g) The terms of any guarantee or expressed warranty, if any, made to the purchaser with respect to such hearing aid or hearing aids, including that provided in ORS 646A.460 to 646A.476 and 694.042.
(h) The address of the office and the procedure for making a complaint under ORS 694.015 to 694.170.
(i) In no smaller type than the largest used in the body copy portion, the following bordered statement:
______________________________________________________________________________
It is desirable that a person seeking help with a hearing problem (especially for the first time) consult an ear doctor and obtain a clinical hearing evaluation. Although hearing aids are often recommended for hearing problems, another form of treatment may be necessary.
______________________________________________________________________________
(j) The signature of the prospective purchaser indicating that the prospective purchaser has read and understands the information contained in the statement.
(2) A duplicate copy of the statement required under subsection (1) of this section shall be kept for seven years by the person selling the hearing aid. The statement shall be made available to the office upon request. [1975 c.673 §2 (enacted in lieu of 694.035); 1985 c.227 §5; 1999 c.81 §2; 1999 c.885 §44; 2005 c.648 §90; 2009 c.701 §55; 2013 c.568 §112]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 694 - Hearing Aid Specialists › Section 694.055 - Application for license; qualifications; fee.

An applicant for licensure under this chapter shall pay the applicable fees established under ORS 676.576 and shall demonstrate to the satisfaction of the Health Licensing Office that the applicant:
(1) Is a person 18 years of age or older.
(2) Has graduated from high school or has been awarded a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test.
(3) Has completed the training and has the experience required under ORS 694.065. [1959 c.634 §4; 1967 c.631 §4; 1973 c.182 §7; 1973 c.827 §76; 1985 c.227 §7; 1993 c.133 §3; 1997 c.319 §1; 2001 c.104 §274; 2003 c.547 §78; 2005 c.648 §92; 2013 c.314 §53; 2013 c.568 §145; 2017 c.66 §27]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 694 - Hearing Aid Specialists › Section 694.065 - Training and experience requirements; licensing examination; rules.

(1) Before an applicant may take the qualifying examination for licensure under ORS 694.015 to 694.170, the applicant must:
(a) Meet the training and experience requirements established by the Health Licensing Office by rule;
(b) Meet the training requirements for licensure as an audiologist or for certification of a licensed physician by the American Board of Otolaryngology; or
(c) Meet the requirements for certification by the National Board for Certification in Hearing Instrument Sciences.
(2) An individual seeking to obtain the experience and training specified in subsection (1)(a) of this section necessary to take the examination shall obtain a trainee registration from the office pursuant to rules adopted by the office. A trainee registration issued pursuant to this subsection shall allow the holder of the registration to obtain training and experience under the direct supervision of a hearing aid specialist licensed in the State of Oregon or an audiologist licensed under ORS chapter 681. An audiologist who supervises trainees must comply with ORS 694.015 to 694.170 and rules adopted under ORS 694.015 to 694.170, and is subject to ORS 694.991, when supervising trainees.
(3) Examination of applicants for licensure under ORS 694.015 to 694.170 shall be held at least once each quarter at such times and places as the office may determine.
(4) Timely and appropriate notice of the time and place of the examination shall be given to each applicant and to each licensed hearing aid specialist or audiologist supervising a temporary hearing aid specialist pursuant to rules adopted by the office.
(5) The office, in consultation with the Advisory Council on Hearing Aids, shall adopt rules establishing standards for examination scope, format, minimum acceptable performance and reexamination qualifications. The examination shall be sufficiently thorough to determine the qualifications, fitness and ability of the applicant to practice as a hearing aid specialist. The examination may be in the form of written, oral or practical demonstration of skills, or a combination of any such types. [1959 c.634 §§5,5a; 1967 c.631 §5; 1985 c.227 §8; 1993 c.133 §4; 1997 c.319 §2; 1999 c.885 §45; 2003 c.547 §79; 2005 c.648 §93; 2009 c.701 §57; 2013 c.314 §53a; 2013 c.568 §115]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 694 - Hearing Aid Specialists › Section 694.085 - Licensing; fees; rules.

(1) Subject to ORS 676.612, the Health Licensing Office shall grant a hearing aid specialist license to each applicant, without discrimination, who possesses the required training and experience and who satisfactorily passes the examination and pays the applicable fees established under ORS 676.576. The license is effective for one year following issuance.
(2) The office shall waive the examination required under subsection (1) of this section and grant a license to an applicant who:
(a) Is certified by the American Speech-Language-Hearing Association or, if not so certified, satisfies the office that the applicant possesses equivalent training and education achievements; and
(b) Passes an examination related to Oregon law in the area of hearing aid dispensing and pays the applicable fees established under ORS 676.576.
(3) Notwithstanding subsection (1) of this section, the office may adopt rules for the issuance of a temporary license to an applicant who has not yet passed the examination if the applicant otherwise meets the qualifications for licensure. [1959 c.634 §7; 1973 c.182 §8; 1977 c.873 §14; 1985 c.227 §9; 1991 c.703 §36; 1993 c.133 §5; 1995 c.280 §26; 1997 c.249 §210; 2001 c.104 §275; 2003 c.547 §80; 2009 c.701 §62b; 2013 c.82 §7; 2013 c.314 §54; 2013 c.568 §116]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 694 - Hearing Aid Specialists › Section 694.115 - Notice to Health Licensing Office of place of business; notice to licensees by office.

(1) A person who holds a license shall notify the Health Licensing Office in writing of the regular address of the place or places where the person deals or intends to deal in hearing aids.
(2) The office shall keep a record of the places of business of persons who hold a license.
(3) Any notice required to be given by the office to a person who holds a license may be given by mailing it to the address of the last place of business of which the person has notified the office. [1959 c.634 §11; 1967 c.631 §8; 1985 c.227 §11; 2001 c.104 §277; 2005 c.648 §95; 2013 c.568 §117]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 694 - Hearing Aid Specialists › Section 694.147 - Disciplinary authority of Health Licensing Office.

(1) In the manner prescribed in ORS chapter 183 for contested cases, the Health Licensing Office may impose a form of discipline listed in ORS 676.612 against any person dealing in hearing aids for any of the grounds listed in ORS 676.612 and for any violation of the provisions of ORS 694.015 to 694.170, or the rules adopted thereunder.
(2) The office may also impose disciplinary sanctions against a person dealing in hearing aids for any of the following causes:
(a) Failing or refusing to honor or to perform as represented any promise, agreement, warranty or representation in connection with the promotion, dispensing or fitting of a hearing aid.
(b) Advertising a particular model, type or kind of hearing aid for sale that purchasers or prospective purchasers responding to the advertisement cannot purchase.
(c) Failing to adhere to practice standards established by ORS 694.142 or rules adopted by the office. [2003 c.547 §83; 2005 c.648 §98; 2013 c.568 §120]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 694 - Hearing Aid Specialists › Section 694.155 - Powers and duties of Health Licensing Office; rules.

The powers and duties of the Health Licensing Office with regard to dealing in hearing aids are as follows:
(1) To authorize all disbursements necessary to carry out the provisions of ORS 694.015 to 694.170.
(2) To determine training and experience requirements prerequisite to taking the examination and to supervise and administer qualifying examinations to test the knowledge and proficiency of applicants for licensure.
(3) To provide for waivers of examinations by rule.
(4) To license persons who apply to the office and who have qualified to deal in hearing aids.
(5) To purchase and maintain or rent audiometric equipment and facilities necessary to carry out the examination of applicants for licensure.
(6) To issue and renew licenses and temporary licenses.
(7) To suspend or revoke licenses in the manner provided in ORS chapter 183.
(8) To appoint representatives to conduct or supervise the examination of applicants for licensure.
(9) To designate the time and place for examining applicants for licensure.
(10) To adopt rules not inconsistent with the laws of this state which are necessary to carry out the provisions of ORS 694.015 to 694.170.
(11) With the advice of the Advisory Council on Hearing Aids, to prescribe safety and sanitation requirements, to require the periodic inspection of the audiometric testing equipment and to carry out the periodic inspection of facilities of persons who deal in hearing aids.
(12) To appoint or employ subordinate employees.
(13) To adopt rules specifying exemptions relating to assistive listening devices. [1959 c.634 §23; 1967 c.631 §12; 1985 c.227 §16; 1993 c.133 §9; 1999 c.885 §46; 2005 c.648 §99; 2013 c.82 §6; 2013 c.568 §121]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 694 - Hearing Aid Specialists › Section 694.165 - Advisory Council on Hearing Aids; qualifications; terms; compensation and expenses.

(1) There is established within the Health Licensing Office the Advisory Council on Hearing Aids. The council shall consist of seven members to be appointed by the Governor.
(2) Members of the council must be residents of this state. A member of the council may not be a member or employee of the office.
(3) Membership on the council shall consist of:
(a) One member who is licensed to practice medicine in this state and holds a certificate of qualification from the American Board of Otolaryngology;
(b) One member who holds a clinical certification in audiology with the American Speech-Language-Hearing Association and is a member in good standing with that association;
(c) Four members who are experienced in the fitting of hearing aids and possess the qualifications provided in ORS 694.055; and
(d) One member who is a consumer of hearing aids and does not possess the professional qualifications of the other members.
(4) The term of office of each member of the council is four years, but a member serves at the pleasure of the Governor. Vacancies shall be filled by the Governor by appointment for the unexpired term. A member shall hold the member’s office until the appointment and qualification of a successor. A member is eligible for reappointment. If a person serves two consecutive full terms, a period of at least four years must elapse before the person is again eligible for appointment to serve on the council.
(5) Members of the council are entitled to compensation and expenses as provided in ORS 292.495. [1959 c.634 §§16,17,19,20; 1967 c.631 §13; 1969 c.314 §95; 1985 c.227 §17; 1995 c.167 §1; 1999 c.885 §47; 2005 c.648 §100; 2009 c.701 §61; 2013 c.568 §122]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 694 - Hearing Aid Specialists › Section 694.170 - Duties of council.

(1) The Advisory Council on Hearing Aids shall have the responsibility and duty of advising the Health Licensing Office in all matters relating to ORS 694.015 to 694.170 including standards of practice and professional conduct, shall prepare the examinations required by ORS 694.015 to 694.170 subject to the approval of the office and shall assist the office in carrying out the provisions of ORS 694.015 to 694.170.
(2) The office shall consider and be guided by the recommendations of the council in all matters relating to ORS 694.015 to 694.170. [1959 c.634 §21; 1999 c.885 §48; 2003 c.547 §85; 2005 c.648 §101; 2013 c.568 §123]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 694 - Hearing Aid Specialists › Section 694.991 - Penalties; concurrent jurisdiction of offenses.

(1) Violation of any provision of ORS 694.025 and 694.032 is a Class B misdemeanor.
(2) Justice courts have concurrent jurisdiction with the circuit courts of violations listed in subsection (1) of this section. [1959 c.634 §§25,26; subsection (3) enacted as 1973 c.199 §28; subsection (3) renumbered 681.991; 2003 c.547 §87; 2005 c.648 §103; 2009 c.701 §63]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 695 - Watch Dealers › Section 695.210 - Definitions for ORS 695.210 to 695.240.

As used in ORS 695.210 to 695.240, unless the context requires otherwise:
(1) "Consumer" means a person who buys for the person’s own use, or for the use of another, but not for resale.
(2) "Person" means an individual, firm, partnership, association or corporation engaged in the business of selling watches.
(3) "Secondhand watch" means:
(a) A watch which, as a whole, or the case thereof, or the movement thereof, has been sold to a consumer. However, a watch which has been so sold, and is thereafter returned within a period of six months from the date of the original sale, either through an exchange or for credit, to the same person who sold the watch to the consumer, shall not be deemed to be a secondhand watch for the purpose of ORS 695.210 to 695.240 if the vendor keeps a written record setting forth the name and address of the consumer, the date of the sale to the consumer, the name of the watch or its maker, and the serial number, if any, on the case and the movement of the watch, or other distinguishing numbers or identification marks, such record to be kept for at least three years from the date of the sale of the watch.
(b) Any watch whose case or movement, serial numbers or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered.