reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.865 - Application of ORS 97.810 to 97.865 to religious, county and city cemeteries.

(1) A cemetery authority that operates a cemetery for any religious or eleemosynary corporation, church, religious society or denomination, corporation sole administering temporalities of any church or religious society or denomination and any county or city may make an irrevocable election to have ORS 97.810 to 97.865 apply to any cemetery controlled or operated by the cemetery authority, county or city by filing a written statement indicating such action with the Director of the Department of Consumer and Business Services. The statement shall be in the form prescribed by the director and shall contain the information specified by the director.
(2)(a) When a cemetery authority, county or city files a statement described in this section with the director, ORS 97.810 to 97.865 applies to a cemetery controlled or operated by the cemetery authority, county or city beginning on the first day of the fiscal year next following the filing of the statement.
(b) ORS 294.035 does not apply to funds held by a county or city under ORS 97.810 to 97.865. [1997 c.167 §4; 2001 c.796 §25; 2007 c.661 §8]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.870 - Unused and uncared for portions of cemetery declared common nuisances.

(1) In all cases where a cemetery authority has owned a site for a cemetery for more than 40 years and has during that period sold lots, subdivisions of lots, pieces or parcels of the cemetery for burial purposes and the grantee or party claiming through the grantee has not used portions of such lots, subdivisions of lots, pieces or parcels of the cemetery for purposes of burial and has not kept them free of weeds or brush, but has allowed them to remain entirely unused for more than 40 years or uncared for and unused for more than 20 years prior to the adoption of the resolution provided for in ORS 97.880, and such lots, subdivisions of lots, pieces and parcels of the cemetery are adjacent to improved parts thereof, and by reason of their uncared-for condition detract from the appearance of the cemetery and interfere with the harmonious improvement thereof, and furnish a place for the propagation of weeds and brush, thereby becoming a menace to adjacent property, such lots, subdivisions of lots, pieces and parcels of such cemetery, which are unused and uncared for as aforesaid, hereby are declared to be a common nuisance and contrary to public policy.
(2) The provisions of this section are not applicable to portions of cemeteries which have been or are sold with agreements between the cemetery authority or its successor in interest, or both, and the grantee providing for endowment care, permanent maintenance or free care. [Amended by 1965 c.396 §7; 2007 c.661 §9]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.880 - Resolution declaring a nuisance.

The governing board of a cemetery authority described in ORS 97.870 may adopt a resolution declaring such unused and unimproved portion of its cemetery as is described in ORS 97.870 a common nuisance and an abandoned and unused portion of such cemetery, and may direct its officers to file the complaint described in ORS 97.890. [Amended by 1983 c.740 §9]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.890 - Complaint.

(1) Upon the adoption of the resolution described in ORS 97.880 the officers of the cemetery authority may file a complaint in the circuit court for the county in which the cemetery is located against the owners, holders or parties interested in such abandoned portion of its cemetery demanding that the court require such owners, holders or interested parties to keep the premises clear of weeds and brush and in condition in harmony with other lots and, if the owners, holders, or interested parties fail to appear in court and comply with the order of the court, demanding that the court make a judgment declaring such portions of the cemetery a common nuisance, directing the governing board to abate the nuisance by clearing the premises and keeping them clear of weeds and brush, creating a lien upon such lots and parcels in favor of the cemetery authority, providing that the lien be foreclosed and the lots and parcels be sold in the same manner as other sales upon execution are made and authorizing the governing board to become a purchaser thereof on behalf of the cemetery authority.
(2) In such suit any number of owners of different lots, subdivisions of lots, pieces or parcels of the cemetery may be included in the one suit.
(3) It is a sufficient designation of the property so abandoned and unimproved to give the lot number or portion thereof, or a description of the piece or parcel having no lot number, together with the name of the owner thereof, as appears on the record of the cemetery authority.
(4) In addition to the names of the persons that appear on the records of the cemetery authority as the record owners of such unused and unimproved portions of the cemetery, the plaintiff shall include as a defendant in a complaint the following: "Also all other persons unknown claiming any right, title, estate, lien or interest in the unused and unimproved portions of the cemetery described in the complaint." [Amended by 2003 c.576 §358; 2007 c.661 §10]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.900 - Summons.

(1) Summons shall be served upon all owners or holders who are residents of this state in like manner as in service of summons in a civil action if such owners and holders are known to the sheriff in the county in which the cemetery is located. If the defendants are not known to the sheriff, it is sufficient to serve the owners and holders whose names appear on the tax rolls of the county for the year previous to that in which the suit is started. The plaintiff is not required to mail a copy of the summons or complaint to nonresident defendants.
(2) All owners and holders of such unimproved lots whose names do not appear on the tax rolls as aforesaid as shown by the return of the sheriff may be served by publication in any legal newspaper published in the county in which the cemetery is located for four consecutive weeks upon return of the sheriff that such owners and holders are not known and cannot be served in the jurisdiction of the sheriff.
(3) The published summons shall contain the names of the record owners, as shown by the records of the cemetery authority, and "also all other persons unknown claiming any right, title, estate, lien or interest in the unused and unimproved portions of the cemetery described in the complaint," together with a brief description of the lot, or subdivisions of lots, pieces or parcels of the cemetery and a statement setting forth the order and judgment described in ORS 97.890 (1) for which the plaintiff has applied to the court in the complaint. Such summons shall require all parties defendant to appear and show cause why an order should not be made declaring the unused and unimproved portions of the cemeteries to be a common nuisance, directing the cemetery authority to abate the nuisance, creating a lien thereon, providing that it be foreclosed and directing that the unused and unimproved portion of the cemetery be sold within four weeks from and after the date of the first publication thereof. [Amended by 2003 c.576 §359; 2007 c.661 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.910 - Disuse as prima facie evidence of abandonment.

In all cases arising under ORS 97.870 to 97.900, the fact that the owner, holder or interested party, of the unused and unimproved portion of the cemetery has not, for a term of 20 years or more, used the plot and has failed to keep it clear of weeds or brush is prima facie evidence that the owner, holder or interested party has abandoned it.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.920 - Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien.

Upon the failure of the owner of the premises to comply with the order of the court requiring proper care of the premises or upon the failure of any of the defendants to appear and answer the complaint or upon the trial of the cause, if the court finds that the allegations of the complaint are supported by the evidence and that the summons has been served as provided in ORS 97.900, the court may enter a judgment in accordance with the allegations of the complaint and the provisions of ORS 97.890 (1). [Amended by 2003 c.576 §360]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.925 - Purpose.

It is the purpose of ORS 97.923 to 97.949, 97.992, 97.994 and 692.180 to ensure funds for performance to purchasers who contract through prearrangement sales contracts for the purchase of funeral or cemetery merchandise or services, and through preconstruction sales contracts for undeveloped interment spaces. It is also the purpose of ORS 97.923 to 97.949, 97.992, 97.994 and 692.180 to provide for the certification or registration of entities selling, offering for sale, administering or providing merchandise or services to fulfill prearrangement sales contracts and preconstruction sales contracts, the creation and administration of prearrangement sales contract and preconstruction sales contract trust funds, the disbursement and allocation of trust funds upon the certified provider’s performance of its contractual obligations and the protection for the purchaser upon the certified provider’s default. [Formerly 128.405; 2007 c.661 §13; 2012 c.7 §2]
Note:
See note under 97.923.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.926 - Rulemaking authority.

The Director of the Department of Consumer and Business Services may adopt rules that are necessary or appropriate to:
(1) Protect purchasers of prearrangement sales contracts and preconstruction sales contracts and the public; and
(2) Administer ORS 97.923 to 97.949. [2007 c.661 §25]
Note:
See note under 97.923.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.927 - Applicability of ORS 97.923 to 97.949.

(1) ORS 97.923 to 97.949, 97.992, 97.994 and 692.180 do not apply to a nonprofit memorial society charging less than a $100 membership fee.
(2) Notwithstanding subsection (1) of this section, ORS 97.937 applies to a nonprofit memorial society charging less than a $100 membership fee. [Formerly 128.407; 2003 c.362 §2; 2007 c.661 §14; 2012 c.7 §3]
Note:
See note under 97.923.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.923.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.929 - Exceptions to ORS 97.923 to 97.949.

(1) The provisions of ORS 97.923 to 97.949, 97.992, 97.994 and 692.180 do not apply to:
(a) Agreements to sell or sales of graves, crypts or niches where such graves, crypts or niches are in existence at the time of the sale or agreement to sell and are located in an endowment care cemetery as defined in ORS 97.810.
(b) Agreements to sell or sales of crypts or niches where such crypts or niches are not in existence at the time of the sale or agreement to sell and are to be located in an endowment care cemetery, provided that:
(A) Thirty-five percent of the sales price of each crypt or niche described in this paragraph is deposited in accordance with the provisions of ORS 97.937; or
(B) Such endowment care cemetery deposits a bond with a corporate surety authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The bond or letter of credit shall be in an amount equal to 35 percent of the total sales price of all crypts or niches described in this paragraph that have been sold by the endowment care cemetery and that have not yet been completed.
(c) Agreements to sell or sales of burial vaults or markers for installation in an endowment care cemetery, provided that:
(A) Sixty-six and two-thirds percent of the sale price of such vaults or markers is deposited in accordance with the provisions of ORS 97.937;
(B) Such endowment care cemetery is at the time of the sale or agreement to sell and for not less than 24 months before such sale or agreement has been in continuous operation as an endowment care cemetery and has assumed the obligation to supply and install the vault or marker and maintain it as part of its endowment care program; and
(C) Such endowment care cemetery deposits with the Director of the Department of Consumer and Business Services:
(i) A bond in a form approved by the director in the amount of $10,000 issued by a corporate surety authorized to do business in this state; or
(ii) An irrevocable letter of credit in a form approved by the director in the amount of $10,000 issued by an insured institution, as defined in ORS 706.008.
(2) Notwithstanding the exception provided in subsection (1) of this section, a person who would otherwise have a claim against a certified provider, a master trustee or a salesperson under the provisions of ORS 97.923 to 97.949 or ORS chapter 692 shall have a right against the bond or letter of credit described in subsection (1)(b) and (c) of this section. [Formerly 128.412; 2003 c.271 §1]
Note:
97.929 was 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.923.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 trustee’s 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 97.923.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.923.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.923.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 provider’s 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 public’s 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 director’s 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 97.923.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.923.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.923 to 97.949, the rules of the director and any other laws of this state applicable to a certified provider or master trustee.
(b) In addition to the authority conferred by ORS 97.948, the director may require a certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration to pay the actual and reasonable costs of the examination.
(2) For the purpose of an examination under this section, the director may administer oaths and affirmations, compel the attendance of witnesses, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records that the director considers relevant or material to the examination.
(3) If a certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration fails to comply with a subpoena issued under this section or a party or witness refuses to testify on any matter, the judge of the circuit court for any county, on the application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify on a matter before the court.
(4) Each witness who appears before the director under a subpoena issued under this section shall receive the fees and mileage provided for witnesses in ORS 44.415 (2), except that a witness subpoenaed at the instance of parties other than the director or an examiner may not be compensated for attendance or travel unless the director certifies that the testimony of the witness was material to the matter investigated.
(5) During the course of any examination, the director may cause the depositions of witnesses to be taken in the manner prescribed by law for like depositions in civil suits in the circuit court. [2001 c.796 §3; 2003 c.362 §6; 2005 c.338 §1; 2012 c.7 §14]
Note:
See note under 97.923.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.923.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.949 - Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949.

(1) If the Director of the Department of Consumer and Business Services has reason to believe that a person has violated any provision of ORS 97.923 to 97.949, the director may give the information relative to the violation to the appropriate federal, state or local law enforcement officer having jurisdiction over the violation.
(2) If the director, in the course of taking an action against a certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration, finds that a salesperson or person acting as a salesperson has violated any provision of ORS 97.923 to 97.949, the director shall provide the State Mortuary and Cemetery Board with a copy of the findings and the order of the director. The board shall, upon receipt of such information, discipline the salesperson or person acting as a salesperson as required by law. [2001 c.796 §5; 2003 c.362 §8; 2005 c.338 §3; 2012 c.7 §16]
Note:
See note under 97.923.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.951 - Short title.

ORS 97.951 to 97.982 may be cited as the Revised Uniform Anatomical Gift Act. [2007 c.681 §1]
Note:
97.951 to 97.982 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 donor’s 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 donor’s guardian. [2007 c.681 §3; 2018 c.36 §25]
Note:
See note under 97.951.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 donor’s 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 97.955 is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and 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 provided in paragraph (a) of this subsection.
(3) Revocation, suspension, expiration or cancellation of a driver license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(4) An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.
(5) An anatomical gift made by a designation on the donor’s driver license or identification card is conclusively presumed valid. [2007 c.681 §4; 2009 c.106 §1]
Note:
See note under 97.951.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 donor’s 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 97.951.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.961 - Refusal to make anatomical gift; effect of refusal.

(1) An individual may refuse to make an anatomical gift of the individual’s body or body part by:
(a) A record signed by:
(A) The individual; or
(B) Subject to subsection (2) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;
(b) The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death; or
(c) Any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(2) A record signed under subsection (1)(a)(B) 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 individual; and
(b) State that it has been signed and witnessed as provided in this subsection.
(3) An individual who has made a refusal may amend or revoke the refusal:
(a) In the manner provided in subsection (1) of this section for making a refusal;
(b) By subsequently making an anatomical gift pursuant to ORS 97.957 that is inconsistent with the refusal; or
(c) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, provided that the destruction or cancellation is done with the intent to revoke the refusal.
(4) Except as otherwise provided in subsection (5) of this section, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or body part prohibits all other persons from making an anatomical gift of the individual’s body or body part.
(5) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal. [2007 c.681 §6; 2009 c.106 §3]
Note:
See note under 97.951.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.963 - Effect of making, amending or revoking anatomical gift.

(1) An anatomical gift of a donor’s body or body part, if the donor or another person made an anatomical gift of the donor’s body or body part under ORS 97.957 or an amendment to an anatomical gift of the donor’s body or body part under ORS 97.959, may not be revoked except in accordance with ORS 97.959.
(2) A donor’s revocation of an anatomical gift of the donor’s body or body part under ORS 97.959 is not a refusal and does not prohibit another person specified in ORS 97.955 or 97.965 from making an anatomical gift of the donor’s body or body part under ORS 97.957 or 97.967.
(3) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or body part under ORS 97.957 or an amendment to an anatomical gift of the donor’s body or body part under ORS 97.959, another person may not make, amend or revoke the gift of the donor’s body or body part under ORS 97.967.
(4) A revocation of an anatomical gift of a donor’s body or body part under ORS 97.959 by a person other than the donor does not prohibit another person from making an anatomical gift of the body or body part under ORS 97.957 or 97.967.
(5) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under ORS 97.955, an anatomical gift of a body part is neither a refusal to give another body part nor a limitation on the making of an anatomical gift of another body part at a later time by the donor or other person.
(6) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under ORS 97.955, an anatomical gift of a body part for one or more of the purposes set forth in ORS 97.955 is not a limitation on the making of an anatomical gift of the body part for any of the other purposes by the donor or other person under ORS 97.957 or 97.967. [2007 c.681 §7; 2009 c.106 §4; 2011 c.61 §2]
Note:
See note under 97.951.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.965 - Persons authorized to make anatomical gift of body or body part of decedent.

(1) Subject to subsections (2) and (3) of this section and unless prohibited by ORS 97.961 or 97.963, an anatomical gift of a decedent’s body or body part for purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the following order:
(a) An agent of the decedent at the time of death who could have made an anatomical gift under ORS 97.955 (2)(b) immediately before the decedent’s death;
(b) The spouse of the decedent;
(c) An adult child of the decedent;
(d) A parent of the decedent;
(e) An adult sibling of the decedent;
(f) An adult grandchild of the decedent;
(g) A grandparent of the decedent;
(h) An adult who exhibited special care and concern for the decedent;
(i) A guardian of the decedent at the time of death; or
(j) Any other person having the authority to dispose of the decedent’s body.
(2) If there is more than one member of a class listed in subsection (1) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under ORS 97.969 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(3) A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (1) of this section is reasonably available to make or to object to the making of an anatomical gift. [2007 c.681 §8]
Note:
See note under 97.951.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.967 - Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person.

(1) A person authorized to make an anatomical gift under ORS 97.965 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(2) Subject to subsection (3) of this section, an anatomical gift by a person authorized under ORS 97.965 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under ORS 97.965 may be:
(a) Amended only if a majority of the reasonably available members agree to amendment of the gift; or
(b) Revoked only if a majority of the reasonably available members agree to the revocation of the gift or if they are equally divided as to whether to revoke the gift.
(3) A revocation under subsection (2) of this section is effective only if, before an incision has been made to remove a body part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, physician or technician knows of the revocation. [2007 c.681 §9]
Note:
See note under 97.951.