12/14/2017

Board of Examiners in Mortuary Science Report

10/17/2017

The Michigan Board of Examiners in Mortuary Science met Wednesday, October 4th at 10am in Okemos and considered the following.

Petitions.

• Heard from petitioner Elmer Bussema who sought to waive the requirement that a mortuary science licensee retake and pass the jurisprudence exam if his or her license was not renewed for a period of three years. Mr. Bussema sought the waiver on the grounds that he had not renewed his license for three years and eight months--only eight months past the threshold--and that his license was in good standing for 60 years prior to his non-renewal. The Board agreed and recommended that the Department grant the waiver.

Stipulations.

The following stipulations were brought before the board for consideration :

• Janowiak Funeral Home and Christopher Janowiak for failing to renew an establishment license from October 31, 2015 through December 6, 2016. The stipulation calls for a fine of $5,500 to be paid within 60 days. The Board accepted the stipulation.
• Raymond Funeral Home and Arthur Raymond for failing to renew the Prepaid Funeral and Cemetery Contract Seller registration and failing to obtain and provide audits from a licensed CPA for prepaid accounts from 2005 to present. An audit did not indicate that pre-paid monies had been misused.   The stipulation calls for a fine of $6,000 to be paid within 60 days. The Board accepted the stipulation.
• Shoreline Memorial Services for failing to include in advertising that a new location was “coming soon” and was fined $250. The Board accepted the stipulation.
• Jarzembowski Funeral Home and Thomas Jarzembowski for failing to deposit monies received for 43 prepaid contracts amounting to at least $184,871.16 with an authorized escrow agent within 30 days of receipt, and for aiding and abetting registrant in failing to deposit prepaid contract funds within 30 days with an authorized escrow agent. The stipulation calls for a fine of $10,000 to be paid within 60 days and revocation of establishment and individual mortuary science licenses.  The Board accepted the stipulation.
• Coolman Funeral Chapels and Harlan Cheney Coolman for failing to renew an establishment license October 31, 2015 until September 1, 2016. The stipulations call for fines totaling $5,500 which must be paid within 60 days. The Board accepted the stipulation.
• Wilson-Akins Funeral Home and David W. Akins for failing to deposit $27,778 received for prepaid funeral goods or services related to six prepaid funeral contracts with an authorized escrow agent within 30 days of receipt. The stipulation calls for suspension of the establishment and mortuary science licenses for three months (effective on the date of the mailing of the Final Order) and a fine of $2,500 to be paid within 60 days.  the Board accepted the stipulation.
• Arsulowicz Brothers Mortuary, Inc , Stephen Arsulowicz, and Jacob Stephen Arslowicz for falsifying an “Authorization for Release of Human Remains” form and having a decedent’s body transferred from a California hospital morgue to a funeral home in California where it was embalmed in preparation for transfer to Michigan. The stipulations call for total fines of $17,000 to be paid within 90 days.  The Board accepted the stipulation.
• Joseph Hutchison Funeral Home and Joseph N. Hutchison for failing to renew an establishment license October 31, 2015 to October 13, 2016.   The stipulation calls for a fine of $4,500 to be paid within 60 days.  The Board accepted the stipulation.
• Oak Grove Funeral Home & Cremation Center—Bear Lake for operating without an establishment license. The stipulation was denied and will be scheduled for an administrative hearing before an Administrative Law Judge (ALJ). The denied stipulation included a voluntary permanent surrender of the establishment license.

Hearing Report.

• A hearing report against Penn Funeral Home and James H. Penn was brought before the Board for failing to comply with the Final Order resulting from failing to submit its Prepaid Funeral and Cemetery Sales Act Annual Report for 2010 through 2015 prepared by a Michigan licensed certified public accountant (CPA).

The Board suspended establishment and individual mortuary science licenses until the terms of the Final Order can be met. The Final Order includes the following:

• A fine of $5,000 to be paid within 60 days or it increases to $10,000.
• Annual reports for 2013, 2014, and 2015 prepared by a CPA must be submitted within 60 days

2018 Meeting Schedule.

• Chairman Wakeman requested that a third meeting be added to the 2018 schedule due to the increased workload of cases.   The board meeting schedule was approved for April 4 and October 3, 2018 with the recommendation to schedule an additional meeting in late January/early February while moving the April meeting to late April/early May.

Rules Revision Process.

• Shawn Gillingham from the Department reported that the rules Committee met via teleconference to recommend revisions to the Mortuary Science Rules and that it addressed a number of outstanding issues.   He also provided an overview of the rules process.

New Business.

• Chairman Wakeman noted that this was a license renewal year and asked the Department for a report of non-renewals by the next meeting.
• Meeting adjourned.