STATE OF MAINE

STATE BOARD OF FUNERAL SERVICE

 

Minutes of July 8, 2004 Board Meeting

 

Members Present:                 Jennifer Minkowitz, Vice Chair; Hervey Clay, Complaint Officer; Paul Fredette, Normand Lambert and Ernest Marriner

 

Others Present:                     Penny Vaillancourt, Administrator; Judith Peters, Assistant Attorney General, Matthew Cyr, Board Inspector and Diane Bradstreet, Board Clerk

 

Members Absent:                  Robert Barnes, Chair; Bethel Shields and John Dunn  

 

CALL TO ORDER

 

Jennifer Minkowitz, Vice Chair, called the meeting to order at 9:08 a.m.

 

APPROVAL OF MINUTES

 

In a motion by Paul Fredette, seconded by Normand Lambert, the minutes from the March 11, 2004 meeting were unanimously approved as amended.

 

COMPLAINT PRESENTATIONS

 

Paul Fredette was recused and did not participate in the complaint presentations.

 

The following complaints were presented by Judith Peters, Assistant Attorney General and Matthew Cyr, Board Inspector:

 

FUN-224                    FUN-252

FUN-228                    FUN-254

FUN-251

 

In a motion by Ernest Marriner, seconded by Normand Lambert, the Board voted to dismiss the above complaints as there wasn’t any evidence of a violation of either Board Rules or Law.  All in favor with Hervey Clay recused.

 

FUN-182         FUN-187         FUN-192         FUN-197         FUN-202

FUN-183         FUN-188         FUN-193         FUN-198         FUN-203

FUN-184         FUN-189         FUN-194         FUN-199         FUN-246

FUN-185         FUN-190         FUN-195         FUN-200

FUN-186         FUN-191         FUN-196         FUN-201

 

In a motion by Normand Lambert, seconded by Jennifer Minkowitz, the Board voted that there is sufficient evidence of a violation of 32 M.R.S.A. §1402, regarding payment of a flat fee, to pursue the disciplinary process.  All in favor with Hervey Clay recused.

 

In a motion by Normand Lambert, seconded by Ernest Marriner, the Board voted that there is sufficient evidence of a violation of 32 M.R.S.A. §1401(C), regarding investment of funds in the stock market, to pursue the disciplinary process.  All in favor with Hervey Clay recused. 

 

 

 

State Board of Funeral Service Minutes

July 8, 2004

Page 2

 

In a motion by Normand Lambert, seconded by Jennifer Minkowitz, the Board voted to table the matter of solicitation, 32 M.R.S.A. §1402 for further investigation.  All in favor with Hervey Clay recused.

 

WILES FUNERAL HOME

 

The Board reviewed the January 29 and March 29, 2004 correspondence regarding the legality of requiring licensure for the branch locations for Wiles Funeral Home.  In a motion by Hervey Clay, seconded by Ernest Marriner, the Board voted unanimously to write to Wiles Funeral Home for answers to additional questions regarding the use of these facilities.

 

In a motion by Hervey Clay, seconded by Normand Lambert, the Board voted unanimously to have Board Inspector Matthew Cyr visit the branch locations to investigate this matter further.

 

ACTION ON REQUEST FOR RENEWAL OF FUNERAL ATTENDANT’S REGISTRATION

 

Reviewed was the application for the renewal of Russell G. Doak’s funeral attendant’s registration.  Mr. Doak’s renewal application was received by the Board after the license expiration date of February 1, 2004, and he failed to pay the late fee of $50.00 as required by 32 M.R.S.A. §1504 of the Board’s statute and Chapter 11 of the Office of Licensing and Registration rules.  Upon review, the Board voted to deny this application for registration.

 

CONTINUING EDUCATIONAL APPROVAL

 

In a motion by Hervey Clay, seconded by Paul Fredette, the Board voted unanimously to approve the list of continuing education programs as reviewed by the Continuing Education Committee on March 11, 2004.

 

ADMINISTRATOR’S REPORT – PENNY VAILLANCOURT

 

Ms. Vaillancourt provided the Board with a financial update.

 

ADJOURN

 

There being no further business, the meeting was adjourned at 10:38 a.m.

 

Respectfully submitted,

 

Diane J. Bradstreet

 

Board Clerk