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STATE OF
STATE BOARD OF FUNERAL SERVICE
Minutes of June 14, 2005 Board Meeting
Others
Present: Penny
Vaillancourt, Administrator; Jack Richards, Assistant Attorney General; Kevin Cookson,
OLR Board Investigator and Diane Bradstreet, Board Clerk; Anne L. Head,
Director
Members Absent: John Dunn and
CALL TO
ORDER
Robert Barnes, Chair, called
the meeting to order at 9:00 a.m.
In a
motion by Normand Lambert, seconded by Jennifer Minkowitz, the minutes from the
April 12, 2005 meeting were unanimously approved as written.
COMPLAINT
REPRESENTATIONS
Complaint
#FUN-257 - In a motion by Normand Lambert, seconded by
Ernest Marriner, the board voted to accept the complaint committee’s
recommendation to dismiss Complaint #FUN-257 as there is no evidence of a
violation of the board’s statute or rules.
All in favor with Hervey Clay and
Paul Fredette recused.
Complaint
#FUN-256 In a
motion by Ernest Marriner, seconded by Normand Lambert, the board voted to
accept the complaint committee’s recommendation and dismiss Complaint #FUN-256
as there is no evidence of violation of the board’s statute or rules of conduct
regarding false or misleading advertising.
All in favor with Hervey Clay,
Robert Barnes, and Paul Fredette recused.
Complaint
#FUN-263 – A motion was made by Normand Lambert, seconded by
Ernest Marriner, to accept the complaint committee’s recommendation to dismiss
Complaint #FUN-263 with a letter of guidance.
All members present voted against the motion with Hervey Clay recused.
In a motion by Ernest Marriner,
seconded by Normand Lambert, the board voted to table this complaint for
further investigation. All in favor with
Hervey Clay, Robert Barnes and Paul Fredette recused.
Board of Funeral Service
Minutes
June 14, 2005
Page 2
Complaint
#FUN-265 – A motion was made by Ernest Marriner, seconded by
Normand Lambert, to accept the complaint committee’s recommendation to dismiss
this complaint with a letter of guidance and for the letter guidance to stay in
the licensee’s file for a period of two years.
All in favor with Hervey Clay, Robert Barnes and Paul Fredette recused.
Complaint
#FUN-266 - In a motion by Normand Lambert, seconded by Ernest
Marriner, the board voted to accept the complaint committee’s recommendation
and invite the licensee to an informal conference. All in favor with Hervey Clay, Robert Barnes
and Paul Fredette recused.
ADJUDICATORY
HEARING – CHRIS MCCRORY
The Board held an adjudicatory
hearing on Complaints #FUN-260, FUN-264 and FUN-271.
The hearing was called to order
at 9:40 a.m. and concluded at 10:30 a.m.
In a motion by Ernest Marriner,
seconded by Paul Fredette, the board voted that Mr. McCrory violated 32
M.R.S.A. §1455-A(2)(A), “misrepresentation . . . in the conduct of the funeral
service profession”; 32 M.R.S.A. §1455-A(2)(J), “negligent, careless or willful
noncompliance with the laws relating to filing death certificates”; 32 M.R.S.A.
§1455-A(2)(K), “gross incompetency, negligence or misconduct in carrying on the
business or profession of funeral service,” and also three provisions of 32
M.R.S.A. §1401 by failing, within a reasonable time, to refund monies from
mortuary trust accounts to the three complainants. All in favor with Hervey Clay recused.
In a motion by Ernest Marriner,
seconded by Normand Lambert, the board voted to revoke Mr. McCrory’s license as
Funeral Practitioner and that Mr. McCrory shall pay the costs of the hearing as
well as a fine of $1500.00 per violation.
All in favor with Hervey Clay recused.
LICENSURE
DENIAL HEARING – H. LEE LAMSON, JR.
The board conducted a hearing
on Mr. Lamson’s appeal of the board’s initial denial of his renewal application
for licensure as a Funeral Practitioner.
Mr. Lamson was represented by Anthony W. Beardsley, Esquire.
A motion was made by Normand
Lambert, seconded by Paul Fredette, to grant the renewal of Mr. Lamson’s
license, to issue a letter of warning and to place Mr. Lamson’s license on
probation for a period of six (6) months.
Jennifer Minkowitz recommended
that this motion be amended from a letter of warning to a letter of
reprimand.
Vote: 2 yes
4 opposed Motion failed.
In a motion by Hervey Clay,
seconded by Ernest Marriner, the board voted unanimously to grant the renewal
of Mr. Lamson’s license, to place Mr. Lamson license on probation for a period
of six (6) months with the condition that he be free of any violations of law
which involve acts of dishonesty or false statements and that he be disciplined
with a formal censure.
Board of Funeral Service
Minutes
June 14, 2005
Page 3
ANNE HEAD,
DIRECTOR
Anne Head addressed the board
regarding legislative matters, including Resolve Chapter 106 entitled “Resolve,
to Direct the State Board of Funeral Service To Consider the Need to Amend its
Rules with Regard to Licensed Funeral Establishments.”
APPROVAL
OF APPLICATION – STEPHEN MENTOVAY
Reviewed was the application of
Stephen Mentovey for licensure as a Funeral Practitioner. In a motion by Ernest Marriner, seconded by
Paul Fredette, the board voted unanimously that Mr. Mentovey provided the board
with satisfactory evidence of completing a trainee/residency program and to
withdraw the board’s earlier denial of license and to grant licensing pending
passage of the board’s written and practical examinations.
REQUEST
FOR EXTENSION TO COMPLETE CONTINUING EDUCATION REQUIREMENTS – DAVID CIZMADIA
Reviewed was Mr. Cizmadia’s
request for an extension to complete his continuing education requirements for
the 2005 renewal cycle due to a medical hardship. In a motion by Ernest Marriner, seconded by Hervey
Clay, the board voted unanimously to grant the extension, approve the
submission of the additional hours to satisfy the 2005 renewal cycle and to
place Mr. Cizmadia’s renewal for 2006 on an automatic audit.
REQUEST
FOR WAIVER OF CONTINUING EDUCATION REQUIREMENTS – JOSEPH M. KOLKO
In a motion by Hervey Clay, seconded by Normand Lambert, the board voted
unanimously to waive the required six (6) CEUs for the 2005 renewal of Joseph
M. Kolko due to his active military duty.
CONTINUING
EDUCATION APPROVAL
In a motion by Hervey Clay,
seconded by Normand Lambert, the Board voted unanimously to approve the
continuing education programs as reviewed by the Continuing Education Committee
at the April 12, 2005 meeting.
ADMINISTRATOR’S
REPORT – PENNY VAILLANCOURT
Ms. Vaillancourt provided the
board with the following report:
Ø
A financial update and a report on the number of
licensees
Ø
Copies of L.D. 1083 were distributed
Ø
Announcement regarding Robert Barnes’ election as Director
of District I, of The International Conference of Funeral Service Examining
Boards, Inc.
Board of Funeral Service
Minutes
June 14, 2005
Page 4
LICENSURE
DENIAL HEARING – THEODORE G. AMPE
The board conducted a hearing
on Mr. Ampe’s appeal of the board’s initial denial of his application for
licensure as a Funeral Practitioner. Mr.
Ampe was represented by Jon S. Oxman, Esquire.
In a motion by Normand Lambert,
seconded by Paul Fredette, the Board voted unanimously to grant Mr. Ampe’s
request for licensure as a Funeral Practitioner.
Respectfully submitted,
Diane J. Bradstreet
Board Clerk