FINACT16F-201506-FNR.pdf

16F-201506-FNR · Funeral Directors and Embalmers Board · 2017-01-17

ARIZONA BOARD OF FUNERAL DIRECTORS AND EMBALMERS 1400 West Washington, suite 230 Phoenix, Arizona 85007 (602) 542-8153* (602-542-3093) fax Web Site:WWW.funeralboard.az.gov

December 23, 2016

Greg Hanchett, Director Board Members Office of Administrative Hearings John Munden 1400 W. Washington Street, Suite 101 Funeral Director President Phoenix, Arizona 85007 James Ahearne Jr. Funeral Director Secretary RE: Arizona State Board of Funeral Directors and Embalmers Jack Peterson OAH Docket No. 16F-201506-FNR Consumer Member

Samuel Bueler Dear Mr. Hanchett, Funeral Director

Harold Adair The Arizona State Board of Funeral Directors and Embalmers considered the Funeral Director ALJ Decision in the above referenced matter on December 20, 2016. Kristina Dyrr Consumer Member The Board voted to adopt the ALJ’s Findings of Fact and the ALJ’s Rev. William Smith Conclusions of Law. With regard to the disciplinary recommendations submitted Consumer Member by the ALJ, Board members concluded that the ALJ’s recommended decision did Staff not adequately account for the severity of the violations in the case. Additionally, with regard to the Funeral Director’s licenses for both Ms. Welsh- Rodolfo Thomas Executive Director Alexis and Mr. Lambert, Board members disagreed with Mr. Buri’s arguments that these licenses should not be subject to discipline. Board members found that Gary Hendrix Licensing Administrator the conduct in this case constituted conduct causing disrespect for deceased persons and was contrary to the prevailing to the prevailing standards and Patricia Keith Programs and Projects practices in the state. Specialist

Judith Stapley Pursuant to A.A.C. R4-12-301 (A)(1) & (2) the Board voted to modify Investigator the ALJ’s Recommended Order to include revocation for Ms. Welsh-Alexis’ Funeral Director’s License numbers FD1059 and F1540 and Cremationist’s License number CR412 and place her Embalmer’s License on probation for two years instead of the recommended 30-day suspension followed by a one year probation for her four professional licenses,.

The Board voted to modify the ALJ’s Recommended Order to include revocation for Mr. Lambert’s Funeral Director’s License and place his Embalmer’s License on probation for two years versus the recommended 30-day suspension followed by a one year probation for his two professional licenses and omit the completion of a course in acceptable cremation practice since his Cremationist License was previously revoked by the Board. In addition, the Board’s modifications are pursuant to A.A.C. R4-12-301 (A)(1) & (2) and A.R.S. § 32-1366 (B), specifically, Mr. Lambert’s previous discipline by the Board.

The Board voted to modify the ALJ’s Recommended Order to include revocation for Mr. Warner’s Cremationist’s License. The Board noted that Mr. Warner had allowed his Cremationist’s license to lapse, and would be unable to comply with a term of probation.

The Board voted to modify the ALJ’s Recommended Order to include the supervision of Saguaro Valley during the one year probation by a board-appointed, licensed funeral director who is not in direct competition with Saguaro Valley, pursuant to A.A.C. R4-12-301 (A)(1) & (2). The modifications also included that in addition to being severally responsible for the Board’s administrative costs and expenses incurred in connection with its investigation and the hearing, Saguaro Valley shall pay an administrative civil penalty in the amount of three thousand dollars and no/100 (“$3,000.00”), pursuant to A.R.S. §§ 32-1368 and 32-1367 (E)(3), respectively. Board members noted that this decision was based on the number of violations that occurred and the egregiousness of the conduct in the case.

Enclosed is a copy of the Order entered by the Board.

Sincerely,

Gary Hendrix License Administrator Arizona State Board of Funeral Directors and Embalmers