Prearranged funeral plans (preneed certified providers)

Oregon Revised Statute 97.810 - 97.949

Prearranged funeral trusts are prepaid funeral plans that consumers may purchase. Perpetual/endowment care plans are arrangements a consumer may make with certain cemeteries that will agree to undertake care of a gravesite in perpetuity.

During the 2001 Oregon Legislative Session, Oregon Revised Laws (ORS) 97.923 to 97.949 (formerly ORS 128.400 to 128.440) passed into law. Effective Jan. 1, 2002, the law amends the regulation of prearrangement and preconstruction sales of funeral and cemetery services.

The amendments, among other things, moved the oversight of certified providers and trust funds to the Director of DCBS.  The administration and oversight of ORS 97.923 to 97.949 was assigned to the non-depository programs section of the Division of Finance and Corporate Securities.

OAR 441-930-0010 through OAR 441-930-0350 implements the registration and certification requirements of providers by addressing issues such as the application for registration and certification, record keeping, annual reports, examinations, prohibited practices, complaints and maintenance of funds in trust.

As of March 31, 2008, there were 201.

• Calendar of due dates
• Certified providers
• Consumer alerts and press releases
• Forms
• Irreducible fund cemeteries
• Prearranged funeral trusts application information
• Reports - annual activity
• Resources
• Statutes and Rules

See also:

• Master trustees

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Consumer alerts and press releases

Department completes Twin Oaks investigation Former owners must pay $540,000 - 07/9/09

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Forms

Annual report - short form 440-4015 last updated: 03/08/2006	PDF
Annual report form for certified provider 440-4014 last updated: 04/01/2008	PDF
Application for certified provider 440-4011 last updated: 09/06/2006	PDF
Funeral and Cemetery Consumer Protection Trust Fund Annual Report 440-4013 last updated: 06/17/2008	PDF
Funeral/Cemetery Merchandise Delivered Inventory List 440-4813 last updated: 06/02/2008	PDF  | Word
Notice of appointment of successor depository or master trustee 440-3437 last updated: 04/11/2008	PDF  | Word
Public Records Request 440-4871 last updated: 11/13/2009	PDF

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Resources

Oregon Mortuary and Cemetery Board

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Statutes and administrative rules

Endowment cemetery care	ORS Chapter 97 (97.810)
Prearrangement sales and preconstruction sales	ORS Chapter 97 (97.923)
Prearranged funeral plans and endowment care	OAR Chapter 441, Div. 930

Proposed administrative rules

None at this time.

Recent rules - permanent rules not yet posted to Secretary of State Web site:

None at this time.

Temporary administrative rules:

None at this time.