2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift

Section 97.010 - Definitions. - (1) "Alkaline hydrolysis" or "hydrolysis" means the technical process for...

Section 97.020 - Exemption of certain organizations and cemeteries from certain sections of chapter. - (a) Any religious or eleemosynary corporation, church, religious society or...

Section 97.082 - Consent for certain autopsies; form. - (a) The spouse of the decedent; (b) A son or...

Section 97.130 - Right to control disposition of remains; delegation. - (2) A person within the first applicable listed class among...

Section 97.145 - Liability for failure to conform to written instrument directing control of remains. - Note: The amendments to 97.145 by section 4, chapter 296,...

Section 97.150 - Disposition of cremated remains; procedures; notice; limitations on liability. - (b) If the cremated or reduced remains are left in...

Section 97.153 - Diagnostic or therapeutic radioisotopes in body. - Note: The amendments to 97.153 by section 6, chapter 296,...

Section 97.160 - Duty of hospital or sanitarium to notify before sending remains to undertaker; procedures. - (2) If the admitting record contains the name of a...

Section 97.170 - Disposition of unclaimed body of deceased person; rules. - (a) Who does not have a relative or other person...

Section 97.200 - Disposition of remains after use. - (2) Notwithstanding subsection (1) of this section, an institution that...

Section 97.220 - Disinterment. - (a) The person under ORS 97.130 (2)(a), (b) or (c)...

Section 97.223 - Interment or temporary storage of human remains in case of natural disaster or other emergency. - (a) Inter the human remains in the original designated plot;...

Section 97.310 - Survey and subdivision of land; map or plat of mausoleum or columbarium; access easement. - (a) In case of land, survey and subdivide it into...

Section 97.360 - Resurvey and alteration in shape or size; vacation of streets, walks, driveways and parks and replatting into lots. - (2) Whenever a majority of the lots as platted or...

Section 97.440 - Removal of dedication. - (a) The portion of the property from which dedication is...

Section 97.450 - Discontinuance of cemetery and removal of remains and markers. - (b) Any removal and the costs of the proceedings under...

Section 97.460 - Requirements for establishment of cemetery or burial park. - (a) Is the owner of the property; (b) Has the...

Section 97.510 - Sale and conveyance of plots by cemetery authority. - (2) Scattering of cremated or reduced remains in a scattering...

Section 97.570 - Spouse has vested right of interment. - (2) The purchase by a married person of more than...

Section 97.630 - Family plots; order of occupation. - (a) One grave, niche or crypt may be used for...

Section 97.660 - Lands of cemetery, crematory or reduction corporation; exemption from execution, taxation and condemnation. - Note: The amendments to 97.660 by section 12, chapter 296,...

Section 97.665 - Revenues; restrictions on uses of revenue. - (2) The board of directors may direct the investment of...

Section 97.670 - Selling land unsuited for burials. - Note: The amendments to 97.670 by section 14, chapter 296,...

Section 97.675 - Burial lots or space; use; exemption from taxation, execution and liens; lien for purchase price of gravestone. - Note: The amendments to 97.675 by section 15, chapter 296,...

Section 97.680 - Recording plan; power to improve and regulate grounds. - (2) A nonprofit corporation organized and existing solely for the...

Section 97.710 - Power of cemetery authority to make rules and regulations. - (a) The use, care, control, management, restriction and protection of...

Section 97.720 - Record of interments, cremations and reductions; inspection. - (2) A record shall be kept of the ownership of...

Section 97.725 - Disposal of unclaimed burial spaces; notice; form of notice; claims. - (a) That has not been used for purposes of interment...

Section 97.740 - Definitions for ORS 97.740 to 97.760. - (1) "Burial" has the meaning given that term in ORS...

Section 97.745 - Prohibited acts; application; notice. - (2) Except as authorized by the appropriate Indian tribe, no...

Section 97.750 - Permitted acts; notice. - (2) In order to determine the appropriate Indian tribe under...

Section 97.760 - Civil action by Indian tribe or member; time for commencing action; venue; damages; attorney fees. - (2) Any conviction pursuant to ORS 97.990 (5) shall be...

Section 97.772 - Definition of "historic cemetery." - Note: 97.772 to 97.784 were enacted into law by the...

Section 97.774 - Oregon Commission on Historic Cemeteries; terms. - (2) The term of office of each member is four...

Section 97.776 - Commission members; nominations. - Note: See note under 97.772.

Section 97.778 - Chairperson; quorum; meetings. - (2) A majority of the members of the commission constitutes...

Section 97.780 - Duties. - (1) Maintain a listing of all historic cemeteries in this...

Section 97.782 - Listing of historic cemeteries; form. - Note: See note under 97.772.

Section 97.784 - Executive secretary; support services. - Note: See note under 97.772.

Section 97.810 - Endowment care and nonendowed care cemeteries. - (a) "Endowment care cemetery" means a cemetery that maintains an...

Section 97.813 - Standards of care for and public access to endowment care cemeteries; rules. - (1) Minimum standards of care for the maintenance and operation...

Section 97.820 - Placing cemetery under endowed care; deposit; commingling endowment and special care funds; trustee or custodian of fund. - (2) Endowment care and special care funds may be commingled...

Section 97.823 - Prohibitions related to endowment care cemeteries. - (1) Employ any device, scheme or artifice to defraud; (2)...

Section 97.825 - Suits to enforce endowed care statutes; attorney fees. - (A) Any three lot owners, or a lot owner’s next...

Section 97.830 - Investment and reinvestment of principal of endowed care funds; use and application of income. - (2) The principal of invested endowed care funds shall never...

Section 97.846 - Agreements for care. - (2) Upon the application of an owner of any plot,...

Section 97.849 - Authority of Department of Consumer and Business Services to take action regarding endowment care cemetery. - (a) Issue an emergency order to suspend or restrict the...

Section 97.852 - Receivership of endowment care cemetery. - (a) The Department of Consumer and Business Services; (b) The...

Section 97.865 - Application of ORS 97.810 to 97.865 to religious, county and city cemeteries. - (2)(a) When a cemetery authority, county or city files a...

Section 97.870 - Unused and uncared for portions of cemetery declared common nuisances. - (2) The provisions of this section are not applicable to...

Section 97.890 - Complaint. - (2) In such suit any number of owners of different...

Section 97.900 - Summons. - (2) All owners and holders of such unimproved lots whose...

Section 97.923 - Definitions for ORS 97.923 to 97.949. - (1) "Beneficiary" means the person who is to receive the...

Section 97.925 - Purpose. - Note: See note under 97.923.

Section 97.926 - Rulemaking authority. - (1) Protect purchasers of prearrangement sales contracts and preconstruction sales...

Section 97.927 - Applicability of ORS 97.923 to 97.949. - (2) Notwithstanding subsection (1) of this section, ORS 97.937 applies...

Section 97.928 - Prohibitions. - (1) Employ any device, scheme or artifice to defraud; (2)...

Section 97.929 - Exceptions to ORS 97.923 to 97.949. - (a) Agreements to sell or sales of graves, crypts or...

Section 97.931 - Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales; rules; background check; civil penalties. - (a) Establish procedures for issuing salesperson registrations under this subsection;...

Section 97.933 - Certification of provider of prearrangement or preconstruction sales; annual reports; rules; audits; fees. - (a) Establish procedures for issuing certificates required by this section....

Section 97.935 - Registration of master trustees; annual reports; rules; annual audits; fees. - (a) Establish procedures for registering master trustees under this section....

Section 97.936 - Emergency orders of suspension or restriction. - (a) Issue an emergency order suspending or restricting a certificate...

Section 97.937 - Deposit of trust funds made by endowment care cemeteries. - (2) As used in this section, "common trust account" means...

Section 97.939 - Prearrangement or preconstruction sales contracts; contents; delivery. - (a) The purchaser; and (b) The depository or the master...

Section 97.941 - Prearrangement or preconstruction trust fund deposits. - (a) If the amount received is in payment of a...

Section 97.942 - Appointment of receiver; criteria. - (2) If the court determines that a receivership is necessary...

Section 97.943 - Distributions from prearrangement trust fund deposits. - (2) The principal of a trust created pursuant to a...

Section 97.944 - Distributions from preconstruction trust fund deposits. - (2)(a) The construction or development of undeveloped interment spaces shall...

Section 97.945 - Funeral and Cemetery Consumer Protection Trust Fund; fee; rules; maximum balance. - (2) Except as provided in this section, the fund shall...

Section 97.946 - Advertising and marketing prohibitions. - (2) Advertising and marketing a prearrangement sales contract or a...

Section 97.947 - Examination of providers and master trustees by director; subpoena power; depositions. - (b) In addition to the authority conferred by ORS 97.948,...

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. - (a) To be in violation of ORS 97.923 to 97.949;...

Section 97.949 - Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949. - (2) If the director, in the course of taking an...

Section 97.951 - Short title. - Note: 97.951 to 97.982 were enacted into law by the...

Section 97.953 - Definitions for ORS 97.951 to 97.982. - (1) "Adult" means an individual who is 18 years of...

Section 97.955 - Purpose of anatomical gift; persons authorized to make gift. - (2) An anatomical gift may be made in the manner...

Section 97.957 - Methods of making anatomical gift before death of donor. - (a) By a designation on the donor’s driver license or...

Section 97.959 - Revocation or amendment of anatomical gift by donor or agent or guardian of donor. - (2) A donor or other person authorized to amend or...

Section 97.961 - Refusal to make anatomical gift; effect of refusal. - (a) A record signed by: (A) The individual; or (B)...

Section 97.963 - Effect of making, amending or revoking anatomical gift. - (2) A donor’s revocation of an anatomical gift of the...

Section 97.965 - Persons authorized to make anatomical gift of body or body part of decedent. - (a) An agent of the decedent at the time of...

Section 97.967 - Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person. - (2) Subject to subsection (3) of this section, an anatomical...

Section 97.969 - Authorized recipients of anatomical gifts; purposes for which gift may be used. - (a) A hospital, accredited medical school, dental school, college, university,...

Section 97.970 - Search for document of anatomical gift or refusal; duty to send document or refusal to hospital. - (a) A law enforcement officer, firefighter, emergency medical services provider...

Section 97.971 - Delivery of document of gift or refusal not required; right to examine. - (2) Upon or after an individual’s death, a person in...

Section 97.972 - Rights and duties of procurement organizations and others; authorized examinations. - (2) A procurement organization must be allowed reasonable access to...

Section 97.973 - Coordination of procurement and use of anatomical gifts. - Note: See note under 97.951.

Section 97.974 - Immunity of persons acting in accordance with ORS 97.951 to 97.982. - (2) Neither the person making an anatomical gift nor the...

Section 97.976 - Law governing validity of document of gift; presumption of validity. - (a) ORS 97.951 to 97.982; (b) The laws of the...

Section 97.977 - Donor registry; duty of Department of Transportation to cooperate with donor registry. - (b) Only one donor registry may be established within this...

Section 97.978 - Resolution of conflict between potential anatomical gift and advance directive. - (a) "Advance directive" has the meaning given that term in...

Section 97.979 - Cooperation between medical examiner and procurement organization. - (2) Subject to ORS 97.980, if a medical examiner receives...

Section 97.980 - Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner. - (2) The medical examiner may conduct a medicolegal examination by...

Section 97.981 - Purchase or sale of body parts prohibited. - (2) Purchase or sale of a body part for transplantation...

Section 97.982 - Alteration of document of anatomical gift prohibited. - (2) Alteration of a document of gift is a Class...

Section 97.983 - Relation to Electronic Signatures in Global and National Commerce Act. - Note: 97.983 was enacted into law by the Legislative Assembly...

Section 97.985 - Transplants not covered by implied warranty. - (2) As used in this section, "part" means organs or...

Section 97.987 - Department of Transportation use of federal moneys for cemetery care. - (2) In carrying out the provisions of subsection (1) of...

Section 97.990 - Penalties. - (2) Every officer, agent or employee of this state or...

Section 97.992 - Penalties for ORS 97.937. - Note: 97.992 was enacted into law by the Legislative Assembly...

Section 97.994 - Penalties for ORS 97.931, 97.933, 97.941 and 97.943. - Note: 97.994 was enacted into law by the Legislative Assembly...

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2021 Oregon Revised Statutes Volume : 03 - Landlord-Tenant, Domestic Relations, Probate Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift

2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift