| Updated: |
7/17/2009 |
| Description: |
Note that this is not the Mortuary & Cemetery Board's website.
Preneed salesperson means an individual employed by a certified provider to engage in the sale of prearrangement or preconstruction sales contracts funded by trusts on behalf of the certified provider.
Preconstruction sales or preconstruction sales contract means any sale made to a purchaser, which has as its purpose the furnishing of undeveloped interment, entombment or cremation spaces and where the sale terms require payment or payments to be made at a currently determinable time.
The sale and conveyance of interment rights in existing plots, crypts or niches does not constitute preneed sales, even when the sale takes place years in advance of death. If you sell only existing plots, crypts or niches, you need not register to sell preneed. However, if you also sell goods or services that are not considered "delivered" at the time of the sale, like opening and closing, you must register.
Delivery occurs when: (a) Physical possession of the funeral and cemetery merchandise is transferred to the purchaser; (b) Title to the funeral and cemetery merchandise has been transferred to the purchaser, has been paid for, and is in the possession of the seller, who has placed it, until needed, for storage on the seller's premises; or (c) The merchandise has been identified for the purchaser or the beneficiary and held by the manufacturer for future delivery.
Sales funded by an insurance policy or an annuity contract are also excluded from the definition of preneed sales.
Only a registered preneed salesperson or other funeral service licensee shall engage in prearrangement or preconstruction sales that are funded by trusts.
Similar Keywords: prearranged, salesman, salesmen, salespersons |
| Statutes, Rules, Ordinances: |
ORS 97
OAR 830-011
|
| Duration: |
2 years |
| Fees - application, exam, etc.: |
Initial: $150
Renewal: $50
Reissued: $25 |
| Responsible Agency: |
Mortuary and Cemetery Board |
| Prerequisites: |
Applicants for registration as a preneed salesperson must apply on a form provided by the Board and pay the fees set forth in OAR 830-020-0040 and must consent to a background check, including information solicited from the Department of State Police.
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 Oregon Mortuary and Cemetery Board (Board) or holds a current funeral service practitioner license, embalmer license, funeral service practitioner apprentice registration or embalmer apprentice registration.
A certificate of registration will be issued to an approved preneed salesperson applicant. An applicant may not make preneed sales or engage in preneed sales activity, including but not limited to marketing and participating in sales presentations, until a certificate of registration has been issued to the applicant by the Board. |
| Application Form: |
Application for Preneed Salesperson Registration |
| Renewals: |
Description
All preneed salesperson certificates of registration will expire on March 1 in even-numbered years unless renewed.
On or before December 31 of each odd numbered year, the Board will mail to each registered preneed salesperson a form containing notice that the renewal fee is due and payable. The renewal form will be mailed to the most current address filed with the Board by the preneed salesperson. If the renewal form is not returned and the renewal fee is not paid by the renewal date the certificate of registration will lapse.
Upon lapse of a preneed salesperson certificate of registration, the Board will send notice of the lapse by registered or certified mail to the most current address filed with the Board by the preneed salesperson.
Required Documentation
In order to renew a certificate of registration, the preneed salesperson must complete and return the renewal form with the renewal fee by February 28, 2010. If the renewal is postmarked after February 28, a delinquency fee of $50 must also be paid. Failure to renew and pay all fees within 90 days of February 28, 2010 will result in a permanently lapsed certificate.
Additional Information
The Board may reinstate a certificate of registration if the preneed salesperson applies for reinstatement no later than the 90th day after the lapse and pays all required fees established in OAR 830-020-0040. |
| Duplicate: |
A person holding a license shall apply to the Board for reissuance of the license if any of the following occur:- The name of the person changes;
- The location of the funeral establishment, immediate disposition company or crematorium changes;
- The original certificate is lost or destroyed; or
- When a person holding a license obtains another license.
Prerequisites
The applicant must be employed by certified provider as defined in ORS 97.923(2).
Required Documentation
Completed signed and dated request for reissued license submitted to the Board with required fee.
Additional Information
It is the responsibility of the salesperson to keep the Board's office advised (in writing) of any address changes within 30 days of the change. |
| Service Links: |
 License Holder Directory
 Preneed Salesperson Application (for selling trust funded pre-arrangements only)
Agency Contact Information
|
| Required Documentation: |
Completed signed application submitted to the Board with required documentation and fees. |
| Additional Information: |
It is the responsibility of the salesperson to keep the Board's office advised (in writing) of any address changes within 30 days of the change. |
|
| |
Agency Information
|
|
Please refer to the Agency Website for further details and additional information.
|
| Agency Name: |
Mortuary and Cemetery Board |
| E-mail Address: |
mortuary.board@state.or.us
|
| Phone: |
971-673-1500
|
| Mail Address: |
Mortuary and Cemetery Board
800 NE Oregon St., Suite 430
Portland, OR 97232
- 2162
|
| Website Information: |
http://www.oregon.gov/MortCem/index.shtml |
