OR. FUNERAL DIR. v. MORTUARY & CEMETERY BD.

CA A82355.

888 P.2d 104 (1995)

132 Or.App. 318

OREGON FUNERAL DIRECTORS ASSOCIATION, an Oregon corporation; Oregon Cemetery Association, an Oregon corporation; Uniservice, an Oregon corporation; Niswonger-Reynolds, Inc., an Oregon corporation; Sunset Memorial Park, an Oregon corporation; and B. Douglas Pratt, Petitioners, v. OREGON STATE MORTUARY AND CEMETERY BOARD, an administrative agency of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided January 4, 1995.


Attorney(s) appearing for the Case

Dean N. Alterman, Portland, argued the cause for petitioners. With him on the brief was Kell, Alterman & Runstein.

Stephanie L. Striffler, Asst. Atty. Gen., argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before RIGGS, P.J., and RICHARDSON, C.J., and LEESON, J.


LEESON, Judge.

Petitioners challenge the validity of an amendment to OAR 830-20-040, a rule of the Oregon State Mortuary and Cemetery Board (Board), that raised the license fees for groups and individuals under the Board's jurisdiction. ORS 183.400. We hold that the rule is valid.

The Board regulates the practices of funeral service practitioners, embalmers, mortuaries, cemeteries and crematoriums, all of which must be licensed. ORS 692.320. The Board is authorized...

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