REGULAR BOARD MEETING

MINUTES

March 13, 2002

The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on March 13, 2002, at 9:00 a.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.

Present: Paul Harris, President; Harvey Leavitt, Vice President; Alex Lee, Secretary; Stuart Cozort, Darryl Hart, Jack Briggs, Nancy Rorie and Windell Daniels.

Also Present: Mark E. Henderson, Executive Director; Barry Bloch, General Counsel.

Others Present: Patricia Hayes; Dan Shackleford; William Joyner; William Betts; Wayne Gaskin; Larry Stegall.

President Paul Harris called the meeting to order and read the Board of Ethics statement, Governor Easley’s Executive Order #1. Mr. Lee recused himself from the Board of Mortuary Science vs. Hargett Funeral Service (Greensboro) & Hargett Funeral Service of High Point, Inc., Case No. M01-024a & b since he had served on the Disciplinary Committee at the time the complaint was made.

Harvey Leavitt gave the invocation.

Mr. Lee submitted the minutes for approval. Mr. Daniels made the motion to accept the minutes as submitted and Ms. Rorie seconded the motion. The motion carried.

Mr. Bloch asked that the hearing be postponed until later in the meeting since the Respondent had not arrived yet.

Mr. Harris then called for Committee Reports.

Finance: Mr. Cozort presented the Financials for January 2002 calling attention to the new financial report layout using QuickBooks. Mr. Cozort stated he was available for any questions. A motion was made by Mr. Daniels and seconded by Ms. Rorie to accept the report. Motion carried.

Preneed: Mr. Briggs called attention to the Activity Report and the Field Supervisor Report. Mr. Briggs stated that he was asking the Board to approve the preneed contract forms for publication and receipt of public comment. He then asked Mr. Henderson to present the proposed preneed contracts to the Board for review and comments. Mr. Henderson asked that the members present any questions or changes to him before the May Board meeting. Mr. Cozort made a motion to accept the preneed report and the contracts as presented. Mr. Lee seconded the motion. Discussion ensued. Mr. Harris called for a vote and the motion carried.

Attorney’s Report: Mr. Bloch stated the Disciplinary Committee had not met this month but a meeting would be scheduled for early April.

Executive Director’s Report: Mr. Henderson reported that because of the Georgia crematory problem, the press had interviewed him by telephone and in the office. All the North Carolina crematories had now been inspected and the majority of the media coverage had been positive. Discussion ensued regarding changes and additions to the Cremation Law.

Mr. Henderson noted there had been no work on the preneed manual because of the crematory problem in Georgia but would be getting back to work on it in April.

Mr. Harris will present a Board Report at the North Carolina Funeral Directors Association Annual Convention in June.

Mr. Henderson stated since the approval at the February Board meeting, the Principal Financial Group stock had been sold and a check in the amount of $18,367.93 had been received and deposited.

Mr. Henderson called attention to the new flags that are displayed in the Board room.

The Department of Labor program paperwork has been completed and signed by Mr. Henderson.

The Attorney General’s office responded to the Board’s request for an opinion regarding the ten-percent retention of funds in an irrevocable preneed contract. After reading the opinion, discussion ensued. Mr. Leavitt made a motion to accept the opinion stated in the Attorney General’s letter. Mr. Cozort seconded and the motion carried.

Informational Items: Mr. Henderson presented several items and newspaper articles for later review.

At this time President Harris called the hearing to order at 10:03 a.m. for the North Carolina Board of Mortuary Science vs. Hargett Funeral Home (Greensboro) and Hargett Funeral Services of High Point, Inc., Case M01-024a & B. At this time Mr. Cozort recused himself since he had served on the Disciplinary Committee at the time the complaint was made. Mr. Lee had done so previously. Since the respondent was not present, Ms. Rorie made the motion to recess the hearing until later in the meeting. Mr. Hart seconded the motion. Ms. Rorie, Mr. Leavitt, Mr. Daniels, and Mr. Hart voted yes. Mr. Briggs voted no. Mr. Harris abstained from the vote and the motion carried.

Unfinished Business: There was no unfinished business. Mr. Leavitt requested an update on the Crown Memorial case. Mr. Henderson responded. Mr. Harris requested the status of the former Executive Directors Corrine Culbreth and Andrew Ritter portraits to which Mr. Henderson responded.

New Business: Mr. Henderson stated the contract for the Continuing Education clinic to be held in Wilmington on May 16, 2002, had been received from the Hilton Wilmington Riverside and items needed to be finalized regarding the rooms and speakers. Mr. Harris will arrange speakers for that clinic. Mr. Hart made the motion to change the date of the next Board meeting from May 8^th to May 15^th at 1:00 p.m. and to hold the Board meeting in Wilmington in conjunction with the clinic. Mr. Lee seconded the motion and the motion carried.

Mr. Harris recessed the Board meeting and reconvened the Hearing at 10:25 a.m. Mr. Lee and Mr. Cozort had recused themselves previously. There was a quorum present. Mr. Bloch, counsel for the Board, was present. Neither respondent nor their counsel was present and that was noted for the record. The matter was brought before the Board and Mr. Bloch presented the case. The respondent has 30 days to submit proposed findings of fact, conclusions of law and ruling. The Hearing was closed at 10:30 a.m.

The meeting reconvened at 10:45 a.m. and returned to the New Business.

Mr. Henderson called the Board’s attention to letters and e-mails he had received regarding the statute changes. These were reviewed and the Board entertained comments from the guests: Mr. William Betts, 2^nd Vice President of the Funeral Directors and Morticians Association of North Carolina, Inc.; Mr. Wayne Gaskin, funeral licensee; Mr. William Joyner, funeral licensee; and Mr. Dan Shackleford, funeral licensee. At this time Mr. Henderson proceeded to review the Statute with the Board.

The Board recessed at 11:45 for a lunch break and reconvened from the lunch break at 12:20. Mr. Briggs commended Mr. Henderson for his recent presentation to the Kiwanis Club. The Board continued the review of the statute changes. At this time, Mr. Lee departed the meeting and subsequently, Mr. Daniels also.

The Board discussed various aspects of the proposed statute. The Board agreed on several amendments to the proposed statute.

Mr. Cozort made the motion to accept the statute as amended. Mr. Briggs seconded and the motion carried with Mr. Harris abstaining from the vote.

There being no further business, the meeting adjourned at 2:35 p.m.

Paul Harris, President

Alex Lee, Secretary