MINUTES REGULAR BOARD MEETING
MAY 12, 1999

The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on May 12, 1999, at 9:00 a.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.

Present: Darryl Hart, President; Michael McGhee, Vice President; Nancy Rorie, Secretary; Jimmy Swaringen; Harvey Leavitt III; William Paul Harris and Elliott Futrell.

Also Present: Andrew Ritter, Executive Director, and Michael Weisel, Attorney for the Board.

President Hart called the meeting to order.  Mr. McGhee gave the invocation.

President Hart called for the reading of the minutes of the April 14, 1999 meeting.  Secretary Rorie stated that the minutes had been previously mailed to all Board members.  Mr. Harris made a motion to dispense with the reading of the minutes and that the minutes be approved as written; seconded by Mr. Leavitt.  Motion carried.

President Hart called for committee reports.

Disciplinary:

Mr. McGhee gave the report of the May 11, 1999 Disciplinary Committee Meeting.  Concern was expressed by some Board members regarding Item #3 on the report.  Jimmy Swaringen made a motion that, with the exception of Item #3, the report be accepted; seconded by Mr. Harris.  Motion carried.  Mr. McGhee asked that the Disciplinary Committee meet during the recess for the purpose of reviewing the recommendations of Item #3.

Finance:

Mr. Ritter reported that the annual audit had begun and was moving along in a smooth fashion.  He called to the Board’s attention the financial statements included in the meeting packet.  Mr. Swaringen made a motion that the report be accepted; seconded by Mr. Futrell.  Motion carried.

Preneed:

Jimmy Swaringen stated that everything regarding the updated preneed forms was on hold until after the public hearing.

Crematory Authority:

Elliott Futrell reported that President Hart had appointed Nancy Rorie as the public member to the Crematory Authority and that the Crematory Authority had met on May 4^th.  He reported that the Board attorney would be asked to attend the August 3^rd meeting and discuss Yellow Page advertising; that the staff and managers of the crematories would be invited to a seminar that would be conducted in conjunction with the August meeting; that the Crematory Authority had approved Mr. Weisel and Mr. Ritter’s attendance at the CANA Convention; that work was continuing on the Crematory Authority seminar.  Mr. Swaringen moved that the report be accepted; seconded by Mr. McGhee.  Motion carried.

Unfinished Business: Mr. Ritter reported on a Legislative Committee meeting he had attended regarding SB 212, the Mutual Burial Association Bill, and changes that had been made in the proposed legislation.  He reported that the MBA bill is now in the House.  He called the Board’s attention to information on SB 212 in the meeting packet, including correspondence from the NCFDA regarding their opposition to certain parts of the bill.

Mr. Ritter reminded Board members of the NCFDA Convention and asked for volunteers to staff the Board’s booth.

Mr. Harris made a motion that the report be accepted; seconded by Mr. Futrell.  Motion carried.

New Business:

Mr. Ritter reported that after receiving a call from law enforcement officials in Wallace, Duplin County, regarding a person selling caskets preneed, Board Investigator Henry Rowan traveled to Duplin County and worked with local authorities in investigating the matter.  The person was charged with two felony counts of preneed fraud.  Mr. Ritter stated that more charges would probably be brought.  He praised Mr. Rowan for his handling of the matter.  Mr. Ritter called attention to copies of articles published in the local newspapers contained in the meeting packet.

Executive Director’s Report:

Mr. Ritter reported that Carolyn Connor had begun work on Monday, May 10; that the new statute books were ready for delivery and would be mailed to licensees in the future; that the work on the computer software problems was continuing and that the business software is working well and other work is on schedule.

Elliott Futrell made a motion that the report be accepted; seconded by Mr. McGhee.  Motion carried.

A short recess was taken.

Disciplinary:

Mr. McGhee reported that the Disciplinary Committee had met during the recess and reviewed Item #3 on the Report of the Disciplinary Committee and that the Committee believes the recommendation was appropriate.

Elliott Futrell made a motion that the report be accepted; seconded by Mr. Leavitt.  Motion carried.

Michael McGhee reported that an application had been made for reimbursement from the recovery fund regarding Ryan Funeral Home.  Questions arose as to whether the amount applied for included interest.  Mr. Futrell made a motion and Mr. Swaringen seconded that the matter be tabled until the staff has had a chance to check the file.  Motion carried.

Attorney’s Report:

The Board voted to enter closed session in order to confer with legal counsel.  During the closed the Board discussed the status of the Board’s pending litigation with Crown Memorial Park and preneed litigation on declaratory ruling matters and Board personnel matters.

The Board returned to open session at 11:35 a.m.

Mr. Weisel reported on a number of requests and questions regarding  the Board’s authorization to prescribe the contents of preneed contracts forms.  He recommended that the Board conduct a public hearing and make a Declaratory Ruling on the matter and called the Board’s attention to material contained in the meeting packet.  After discussion, Nancy Rorie made a motion that the Request for Declaratory ruling be accepted; seconded by Mr. Swaringen.  Motion carried.

Mr. Weisel recommended that the Board set a hearing date and notice be given to the appropriate parties.  After discussion, Nancy Rorie made a motion that the Board hold a public hearing on June 9^th at 9:00 a.m. at 2321 Crabtree Boulevard; seconded by Mr. Futrell. Motion carried.

There was further discussion regarding the mechanics of the hearing.  Mr. McGhee made a motion that the report of the legal counsel be accepted; seconded by Mr. Swaringen.  Motion carried.

Information Items:

Mr. Ritter called attention to several information items contained in the meeting packet.

There being no further business, Mr. McGhee made a motion that the meeting be adjourned.  Motion seconded and carried and the meeting was adjourned at 11:40 a.m.

	Darryl Hart, President
	Nancy G. Rorie, Secretary