ORS 692.320: Powers and duties; rules.

(1) The State Mortuary and Cemetery Board may adopt and enforce rules for the protection of the public health, safety and welfare relating to the following: (a) The licensing of or issuance of certificates of authority for funeral service practitioners, embalmers, death care consultants, funeral establishments, crematoriums, cemeteries and other facilities for final disposition of human remains. (b) The registration of trainees. (c) The practice of funeral service practitioners, embalmers and death care consultants, and the operation of funeral establishments, immediate disposition companies, crematoriums, cemeteries and other facilities for final disposition of human remains. (d) Sanitary conditions of funeral establishments, crematoriums, cemeteries, other facilities for final disposition of human remains and any location at which human remains are stored, temporarily held or processed prior to final disposition. (e) Matters necessary to carry out the provisions of this chapter. (2)(a) Subject to paragraphs (c), (d) and (e) of this subsection, the board: (A) Shall inspect, at least once every two years, the premises and records of funeral establishments, cemeteries, crematoriums, immediate disposition companies and other facilities used for the final disposition of human remains and any other location at which human remains may be stored, temporarily held or processed prior to final disposition; and (B) May make random inspections or establish a self-inspection program to supplement inspections required by subparagraph (A) of this paragraph. (b) The board shall employ one or more persons to perform inspections under this subsection and to aid in the enforcement of the provisions of this chapter and ORS chapters 97 and 432 or rules adopted under this chapter and ORS chapters 97 and 432, except that the board may not employ a person under this paragraph if the person is a member of the board or actively engaged in a profession or practice regulated by this chapter. However, a person who is a member of the board or actively engaged in a practice or profession regulated by this chapter may perform inspections pursuant to a self-inspection program established under paragraph (a) of this subsection. (c) The board may inspect records under this subsection only to the extent that is necessary to ensure compliance with the provisions of this chapter and ORS chapters 97 and 432 or rules adopted under this chapter or ORS chapters 97 and 432. (d) The board may not inspect any area used as living quarters under this subsection. (e) The board may adopt rules setting forth criteria by which an exempt operating cemetery is exempt from inspections described in paragraph (a)(A) of this subsection. (3) The board may hold hearings, conduct investigations, subpoena witnesses, administer oaths and take testimony in order to carry out the provisions of this chapter and rules adopted under this chapter. (4) The board shall have a common seal and, subject to any applicable provision of the State Personnel Relations Law, may employ staff, fix the compensation for staff and incur other necessary expenses. [Amended by 1957 c.596 §8; 1973 c.411 §11; 1983 c.389 §6; 1983 c.810 §22; 1985 c.207 §17; 1987 c.252 §1; 1989 c.177 §12; 1993 c.248 §4; 1997 c.638 §11; 2009 c.709 §6; 2009 c.756 §86; 2015 c.367 §18; 2015 c.516 §1]