REGULAR BOARD MEETING

MINUTES

February 12, 2003

The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on February 12, 2003 at 1:00 p.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.

Present:  Paul Harris, Windell Daniels, George Parrott, Rudy Lea, and Jamie Boles

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

Presiding Officer Paul Harris called the meeting to order at 1:12 p.m.

Mr. Harris read the Board of Ethics statement, Governor Easley’s Executive Order #1.  No one recused themselves at this time.

Mr. Lea made the motion and Mr. Boles seconded to go into closed session to deliberate NCBMS vs Flanagan Funeral Home, Inc.

After proper motion, the Board returned to open session at 2:08 to announce its findings.

The Board announced its proposed Findings of Fact and Conclusions of Law.  Based on those Findings of Fact and Conclusions of Law, the Board took the following actions:

The Board shall revoke Respondent Flanagan Funeral Homes’ preneed funeral establishment permit.  Respondent Flanagan Funeral Homes’ funeral establishment permit is hereby placed on probation for a term of five years commencing upon the effective date of this Order which is the date of service of this Order upon Respondent Flanagan Funeral Home.  This Probation carries the following conditions: 

a.       Respondent Flanagan Funeral Home shall pay in full within thirty (30) days of the effective date of this Order, all the interest to all of Respondent Flanagan Funeral Home’s preneed trust accounts transferred to RBC Centura Bank that was not paid during the 122 day period prior to said transfer, when the trust account funds were not on deposit in a financial institution, as set forth in the finding of fact set forth on pages 7, 8 and 10; 

b.      Respondent Flanagan Funeral Home shall surrender all preneed contracts to the Board’s duly-authorized representative within thirty (30) days of the effective date of this Order;

c.       Respondent Flanagan Funeral Home is to notify within thirty (30) days of the effective date of this Order, by letter mailed by Certified Mail, Return Receipt Requested, U.S. Postal Service, each of its preneed contract purchasers of the necessity of transferring their preneed funeral arrangement contracts to another preneed funeral establishment licensee; and

d.      Respondent shall not knowingly violate any applicable law or rule of the Board.

If, during the period of probation, the Board staff receives evidence that Respondent has violated any of the above conditions, the Board shall schedule a show cause hearing for a determination of the violations.  If the Board determines that a violation has occurred, then the Board may lift the stay, suspend or revoke Respondent’s license, or impose such disciplinary action as it determines is appropriate and authorized by law. 

The meeting was adjourned at 2:22 p.m.

                                                                                    Paul Harris, Acting President