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Klamath Tribute Center, LLC v. State Mortuary and Cemetery Board

Court of Appeals of Oregon

April 4, 2018

KLAMATH TRIBUTE CENTER, LLC, Petitioner,
v.
STATE MORTUARY AND CEMETERY BOARD, Respondent.

          Submitted November 28, 2017

          Agency Case Numbers 131030A, 141013B, State Mortuary and Cemetery Board 131030A, 141013B

          Diane C. Cady fled the briefs for petitioner.

          Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Judy C. Lucas, Assistant Attorney General, fled the brief for respondent.

          Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Aoyagi, Judge.

         Case Summary:

         Petitioner, the operator of a funeral home, seeks review of a final order of the State Mortuary and Cemetery Board imposing civil penalties. The board concluded on summary determination that petitioner violated various laws governing the death care industry. First, petitioner argues that the board misinterpreted 16 CFR section 453.5 and erroneously concluded that petitioner violated that regulation when it did not provide the reason for embalming charges on its Statement of Funeral Goods and Services Selected. Second, petitioner challenges the board's determination that petitioner violated certain statutes and administrative rules. Held: The board correctly interpreted 16 CFR section 453.5 as requiring the funeral provider to include certain form language about charging for embalming and then, if charging for embalming, provide the reason below the form language. The board did not err in concluding that petitioner's conduct constituted violations of applicable statutes and administrative rules.

         Affirmed.

         [291 Or.App. 196] AOYAGI, J.

         Petitioner, the operator of a funeral home, seeks review of a final order of the State Mortuary and Cemetery Board, imposing $14, 000 in civil penalties. The board concluded that petitioner violated various laws governing the death care industry, particularly with respect to two decedents and in connection with its interactions with the board. In its first assignment of error, petitioner argues that the board misinterpreted 16 CFR section 453.5 and erroneously concluded that petitioner violated that regulation. In its second assignment of error, petitioner argues that the record does not support the board's determination that petitioner violated certain statutes and administrative rules. For the reasons that follow, we affirm.

         I. FACTS

         The board decided this matter on summary determination. The pertinent historical facts are undisputed for purposes of judicial review.

         A. Decedent AAA

         Petitioner was engaged to provide funeral services for Decedent AAA. As part of that engagement, petitioner was responsible for the final disposition of AAAs remains. One of petitioner's employees completed a form entitled "Authorization for Disposition with Embalming or Refrigeration, " which contained an "x" indicating that embalming had been requested. A woman named Ruiz signed and dated the form and petitioner signed the "Acceptance" section. Nothing on ...


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