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MINUTES OF A REGULAR MEETING
OKLAHOMA FUNERAL BOARD
4545 N. Lincoln Blvd, Suite 175
Oklahoma City, Oklahoma 73105
April 10, 2014
|J. Cooper||Chris Ferguson|
|Cindy Longanacre||Jenna Barry|
|Mike Phenix||Jan Preslar, AAG|
|Tom Pickard||Nikki Nickols, AAG|
|Chad Vice||Martha Kulmacz, AAG|
MEETING PLACE: Oklahoma State Capitol
2300 North Lincoln Blvd. Room 104
Oklahoma City, Oklahoma 73105
President Phenix called the meeting to order. Board Members Cooper, Longanacre, Phenix, Pickard, Vice, and Walding were present. Board Member Dugger was absent.
Amy Elliott with the Oklahoma Medical Examiner’s Office reported that the permit system has been reformatted and sent back out to the BETA testing funeral homes. Additional staff was added to speed up the process of turnaround. Medical Examiner Office is looking into creating an online payment method for
permits where funeral homes can not only pay online, but also see which permits are pending or outstanding. She also spoke about improving mass disaster preparations and informed Board that funeral homes wishing to be volunteers needed to coordinate through Tim Dwyer or Jeremy Sparks.
Motion by Longanacre second by Cooper to approve the minutes of the March 13, 2014 meeting. The motion passed unanimously.
Motion by Walding second by Longanacre to dismiss complaint 14-28 regarding Next of Kin issues with a letter of concern. The motion passed unanimously.
Motion by Longanacre second by Pickard to find probable cause on complaint 14-32 regarding unlicensed practice and first call issues. The motion passed unanimously.
Motion by Pickard second by Cooper to table complaint 14-33 regarding return of property, general price list, and casket price list issues. The motion passed unanimously.
Motion by Walding second by Longanacre to dismiss complaint 14-34 regarding general price list, no statement of goods & services, and returning cremains. The motion passed unanimously.
AAG Martha Kulmacz requested Phenix recuse himself before complaint 14-36 was discussed. Mr. Phenix left the room.
Motion by Vice second by Pickard to find probable cause on complaint 14-36 regarding unlicensed establishment issues. The motion passed unanimously.
Mr. Phenix reentered the room.
Motion by Longanacre second by Cooper to approve the following: Apprenticeship (original): Danyelle Smith, McClendon-Winter FH, Okmulgee; Regina K. Wilson, Claremore, Rice FH Claremore; and Haley DeLozier, Chelsea, Rice FH Claremore. The motion passed unanimously
Motion by Longanacre second by Pickard to approve the following: Apprentice (3rd extension) Daniel Stillwell, Jones, Alpha & Omega Mortuary & OK Cremations & Funeral Home (enrolled at Commonwealth). The motion passed unanimously.
Motion by Vice second by Longanacre to deny the application for Ladusau-Evans Funeral Home, Enid, requesting to change name to Ladusau-Evans Funeral Home and Cremation Specialist as name caused concerns regarding misleading advertising. The motion passed unanimously.
Motion by Vice second by Cooper to deny the application for Brown Brothers Undertaking and Cremation Service, Luther, new establishment; Tyler T. Brown, owner; Kenneth Anglin, requesting to be FDIC because another establishment holds a suspended Oklahoma Funeral Board license at the same physical location.
Mr. Cooper left the room and did not return to the meeting.
Regarding Complaint 13-24. No representatives were present for Ted Ragsdale or Ragsdale Funeral Center, nor were they represented by counsel. The State was represented by Nikki Nickols, AAG. Southwest Court Reporting served as the court reporter. Karl Kramer AAG was the Board’s legal advisor. Member Cooper needed to be recused and had already left the meeting.
A hearing was held and testimony and evidence was presented regarding Complaint 13-24, Board v. Ragsdale Funeral Center Muskogee, a licensed establishment and Ted Ragsdale, a licensed Funeral Director & Embalmer and the Funeral Director in Charge. The State called as witnesses Shanna Johnson and Kelly Callahan from Oklahoma Insurance Department and Chris Ferguson as Director of the Oklahoma Funeral Board.
Motion by Vice second by Longanacre to enter into executive session pursuant to 25 O.S. 2011, Section 307 (B) (8) to engage in deliberations or rendering a final or intermediate decision in an individual proceeding pursuant to Article II of the Administrative Procedures Act regarding Ragsdale Funeral Center Muskogee, a licensed establishment and Ted Ragsdale, a licensed Funeral Director & Embalmer and the Funeral Director in Charge. The motion passed unanimously.
Motion by Longanacre second by Pickard to exit executive session. The motion passed unanimously. During executive session only this case was discussed and no votes were taken.
Motion made by Walding as follows: Based on the evidence presented at this hearing of Complaint Number 13-24, this Board finds that the alleged facts set out in the Complaint and Notice of Hearing have been proven by clear and convincing evidence and are adopted by this Board as its Findings of Fact. In addition, based on said clear and convincing evidence, the Board makes its Conclusions of Law by adopting the alleged Conclusions of Law as set out in the Complaint and Notice of Hearing. It is, therefore, the order of this board that the license(s) of Respondent(s) are suspended. AAG Karl Kramer is directed to prepare a written final order in line with this ruling of the Board today. The Presiding officer for this matter is authorized to sign the written final order to be filed with the Board and delivered to the Respondent. This concludes my motion. Vice seconded the motion. The motion passed unanimously.
Motion by Walding second by Vice to adjourn the hearing regarding complaint 13-24. The motion passed unanimously.
Regarding Complaint 14-10. No representatives or counsel were present for any respondents. The state was represented by Martha Kulmacz, AAG. Southwest Court Reporting served as the court reported. Karl Kramer, AAG was the Board’s legal advisor. Members Cooper and Phenix were recused, and Mr. Dugger was not present. Mr. Phenix left the room, and Mr. Cooper had previously left the meeting.
Discussions were held regarding the State’s Motion to Extend Time to Exchange Preliminary Exhibits in Complaint 14-10, Board v. Reynolds at Rose Hill Funeral Home, Establishment number 1471; Nick Reynolds Funeral Service, Establishment number 1518; Nick Reynolds licensed Funeral Director and Embalmer, Tulsa, and Funeral Director in charge; Scott Holz licensed Funeral Director and Embalmer; Kristine Adams a licensed Funeral Director and Embalmer; and Michael Hopkins an unlicensed individual.
Motion by Walding second by Vice to accept the motion to extend time to exchange preliminary exhibits for complaint 14-10. The motion passed unanimously.
Regarding Complaint 14-23 & 14-24. No representatives nor counsel were present for any respondents. The state was represented by Martha Kulmacz, AAG. Southwest Court Reporting served as the court reported. Karl Kramer, AAG was the Board’s legal advisor. Members Cooper, Phenix, and Dugger were not present.
Discussion was held regarding Respondents’ motion for continuance and to establish deadlines for the exchange of witness and exhibit lists and exhibits regarding Complaint 14-23, Board v. Nick Reynolds Funeral Service Establishment number 1518 and Nick Reynolds licensed Funeral Director and Embalmer, Tulsa, and regarding Complaint 14-24, Board v. Adams Crest Cremation Service Establishment number 1505 and Nick Reynolds licensed Funeral Director and Embalmer, Tulsa.
Motion by Walding second by Vice to grant in part in and deny in part the motion filed by the respondents. The motion is to deny the continuance but grant the request to set deadlines. Respondents must submit witness list and exhibits list and a copy of exhibits by Monday April 14, 2014 and the State to submit witness list and exhibits list and a copy of exhibits by Friday April 18, 2014. The motion passed unanimously.
Mr. Phenix returned to the meeting.
No new business was discussed.
Under the Deputy Director’s report: Jenna Barry explained that due to unexpected additional time needed to reformat forms and information for the new website layout, progress is slower than expected. Even though at first all information will not be on the new website, Ms. Barry expected to roll out the new website in the next week as current website is severely outdated.
Under the Executive Director’s Report: Agency Financial update – Mr. Ferguson reported gross receipts for March 2014 to be $29,173.07 with $501.67 going to the general fund. The expenses for the same timeframe totaled $36,437.84 and net income after expenses totaled -$7,766.44. Agency Progress update - Mr. Ferguson reported that during this past month Mrs. Longanacre visited the office and with her help staff completed the suggestions from the auditor regarding licensing. Ms. Barry attended the annual UCO advisory Board meeting. Agency Legislation update - Mr. Ferguson reported that HB3199 (Sunset Bill) has passed out of a Senate Committee and is now headed to the Full Senate for consideration.
Motion by Longanacre second by Pickard to adjourn the meeting at 11:53 A.M. The motion passed unanimously.