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Complaint Investigation
ORS 676.165 requires the Board to conduct an investigation upon receipt of a complaint by any person against a licensee or applicant. The Board may also initiate an investigation upon its own motion. ORS 692.180(1). Each case is logged and tracked from opening to closing. The Board conducts neutral investigations intended to affirm or refute allegations. Investigators plan investigations, gather evidence, interview witnesses, analyze data and draft confidential investigative reports. The Board's Complaint Review Committee, comprised of a representative subset of Board members, conducts an initial review of all investigative reports and makes recommendations to the full Board. The full Board also reviews investigative reports and considers the merits of each allegation. Though complaint investigations are mandatory, the Board's sanctioning authority is discretionary. Depending on the circumstances, the Board makes a sequence of up to three key decisions on each allegation: 1) whether a violation occurred; 2) if a violation occurred, whether discipline is warranted; and, 3) if discipline is warranted, what form of discipline is appropriate. When the Board finds that a violation has occurred, aggravating factors, mitigating factors and disciplinary history are considered before deciding what form of discipline, if any, is appropriate. In accordance with Board decisions and the Administrative Procedures Act, and in consultation with the Board's assigned Assistant Attorney General, the compliance staff issues notices of proposed disciplinary action, negotiates voluntary settlement agreements, drafts consent and default orders, refers contested cases to the Office of Administrative Hearings, participates in hearings, drafts final orders and prepares judicial review records.
ORS 676.175(1) prohibits the Board from publicly disclosing information obtained during inspections and investigations. However, notices of proposed disciplinary action and final orders issued by the Board are subject to public disclosure under ORS 676.175(5) and the Board may disclose otherwise confidential information that reasonably relates to the enforcement functions of other public entities, including other regulatory agencies, state and federal law enforcement authorities, district attorneys and the Department of Justice. ORS 676.177
Background Investigation
In order to protect the public and the industry, the Board conducts criminal background checks on a variety of individual license applicants and on the principals of licensed facilities. Under an agency user agreement, the Board has inquiry access to the Law Enforcement Data System (LEDS) operated by the Oregon State Police. After training and LEDS certification, Board investigators may obtain criminal history information using their desktop computers. The Board also has access to background information from the Oregon Justice Information Network (OJIN), and the Washington Judicial Information System (WJIN). The Board does not have access to information from the National Criminal Information Center (NCIC). Criminal information from other states is available on line, for a fee, from commercial providers such Open on Line.
The Board may deny a license application for conviction of a crime bearing a demonstrable relationship to funeral service practice, embalming practice, or the operation of cemeteries and crematories. The Board may also deny an application for any misrepresentation in obtaining a license.
When background checks reveal a criminal history or misrepresentation, investigative reports are prepared and the full Board considers the merits of each case in the same manner as complaints.
Posting of Disciplinary Actions on Website
At the March 27, 2007 Board meeting, the Board directed staff to start posting notices and orders on the Board's website, from this date forward (not retroactive, except for orders that are issued after that date, those orders shall include the pertinent notice).
Update: At the September 25, 2007 Board meeting, the Board directed staff to not post notices until after the order is issued. All notices that were posted since March 27, 2007 without an order will be removed and future notices will not be posted until after the applicable order is issued.
The following are the disciplinary actions (notice with order) issued:
Hofsess-Olson LLC dba Myrtle Creek Family Funeral Home Notice, Order
Fred S Olson Notice, Final Order
West Properties II Inc Consent Order
H G Services Inc Consent Order
Walter Hogan Consent Order
SE Acquisition of Oregon Inc dba Mountain View Memorial Chapel Notice, Order
SE Acquisition of Myrtle Creek OR Inc dba Funeral Alternatives Crematory Myrtle Creek Notice Order
Chapel of the Valley Funeral Home Inc dba Roseburg Funeral Alternatives Notice, Order
Chapel of the Valley Funeral Home Inc dba Funeral Alternatives of Roseburg Notice, Order
Sheila Larson (Preneed Salesperson License PN-8551, Expired) Notice, Final Order
Cornerstone Funeral Services and Cremation Corporation Notice, Consent Order
Holly Kroening Notice, Consent Order
Laura Jo Hofsess & Larry Allen Hofsess dba Myrtle Grove Funeral Service-Bay Area Notice, Order
Laura Jo Hofsess Notice, Consent Order
Laura Jo Hofsess & Larry Allen Hofsess dba Myrtle Grove Funeral Service Notice, Order
Portland Cremation Center LLC Notice, Consent Order
G Craig Collins Notice, Consent Order
Amber Ensign-Roley, Crematory Operator Notice, Consent Order
James W Riggleman, Final Order
Alderwoods (Oregon) Inc dba Buell Funeral Chapel Notice, Consent Order
Alderwoods (Oregon) Inc dba Buell Crematory Notice, Consent Order
Alderwoods (Oregon) Inc dba American Burial & Cremation of Oregon, Springfield Notice, Order
Dennis R Baker Notice, Consent Order
Shanna McCrary Notice, Consent Order
Charlene Cox-Tanner & Jerome Cox-Tanner dba Cox & Cox Funeral Chapel Notice, Order
Jerome Cox-Tanner Notice, Final Order
Schawna Tanner, Respondent Notice, Final Order
Schawna Tanner, Applicant Notice, Final Order
Laura Jo Hofsess & Larry Allen Hofsess dba Myrtle Grove Funeral Service-Bay Area Notice, Order
Donna Schmidt Notice, Consent Order
Laura Jo Hofsess Notice, Consent Order
Alderwoods (Oregon) Inc dba Fir Lawn Mortuary Notice, Consent Order
Patricia Chamberlan, Applicant Notice, Final Order
Leslie A Holt, Applicant Notice, Final Order
Phyllis A Harem, Applicant Notice, Final Order
Patricia Chamberlan, Applicant Notice, Final Order
Crystal Newham (Crystal Wood) Notice, Final Order
Portland Cremation Center LLC, Consent Order
G Craig Collins, Consent Order
Treasure Valley Diversified Inc dba Haren-Wood Funeral Chapel Notice, Consent Order
Dennis J Haren Notice, Consent Order
Southern Curry Maintenance District dba WJ Ward Memorial Cemetery Notice, Consent Order
Christopher L Bartlett Notice, Consent Order
Christopher L Bartlett dba Oregon Mortuary Services Notice, Consent Order
Alternative Burial & Cremation of Oregon, Inc Notice, Consent Order *
Robert W Baker Notice, Consent Order *
This page was last updated September 18, 2008.
(* Indicates added on this date.)
Need additional information? Please feel free to contact us:
Oregon Mortuary and Cemetery Board
800 NE Oregon Street, Suite 430
Portland OR 97232-2195
971-673-1500
971-673-1501 - fax
Contact the Board via email
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