Board Meeting Tab 1 Call to Order - WA State Licensing ...€¦ · 5. Complaint Cases for Review*...

Washington State Funeral and Cemetery

Board Meeting

Tab 1

Call to Order

August 7, 2018Davenport Grand

Spokane, WA

STATE OF WASHINGTON DEPARTMENT OF LICENSING

FUNERAL & CEMETERY BOARD MEETING AGENDA

SPECIAL BOARD MEETING

DATE: August 7, 2018

TIME: 9:00 am

LOCATION: The Davenport Grand Meeting Room 10 333 West Spokane Falls Blvd. Spokane, WA 99201

AGENDA:

OPEN SESSION .................................... 9:00 AM

1. Call to Order1.1. Introductions1.2. Order of Agenda1.3. Approval of Minutes: April 17, 20181.4. Review Communications

2. Public Comment Opportunity

3. New Business3.1.1. BAP Appointment

4. Old Business4.1. Review Master Action Items List

5. Complaint Cases for Review*5.1. 2018-01-2600-00FDE (Gutierrez-Zamora)5.2. 2018-01-2601-00FDE (Messenger)5.3. 2018-03-2401-00CEM (Messenger)5.4. 2018-04-2600-00FDE (Messenger)5.5. 2016-04-2601-00FDE (Letson)5.6. 2018-03-2601-00FDE (Messenger)

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The Davenport Grand Spokane, WA

FUNERAL AND CEMETERY BOARD MEETING AGENDA 2 SPECIAL BOARD MEETING AUGUST 7, 2018

5.7. 2017-09-2400-00CEM (Little) 5.8. 2017-12-2603-00FDE (Gutierrez-Zamora) 5.9. 2018-03-2403-00CEM (Little)

6. Legal Issues for Deliberation*

6.1. Orders to Be Presented 6.1.1. 2016-09-2602-00FDE 6.1.2. 2017-11-2603-00FDE

7. Disciplinary & Investigation Items 7.1. Closed Session Deliberation Report (only necessary if closed session is held) 7.2. Disciplinary Cases Report

8. Assistant Attorney General’s Report

9. Committee/Task Force Reports

9.1. Cemetery Committee 9.2. Guidelines/Laws-Rules Review Committee

10. Board Staff Report 10.1. Program Operations 10.2. Department of Licensing 10.3. Other Items

11. Other Business

11.1. Any Other Business 11.2. Action Items From This Meeting 11.3. Agenda Items For Next Meeting

12. Adjournment *The Board may enter into closed session to discuss disciplinary proceedings. *We will hold a work session after the board meeting. Next Board Meeting: November 6, 2018 9 a.m. ESD Capital Event Center 6005 Tyee Drive SE Tumwater, WA 98512

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STATE OF WASHINGTON DEPARTMENT OF LICENSING

FUNERAL & CEMETERY BOARD MEETING MINUTES

SPECIAL BOARD MEETING

DATE: April 17, 2018

TIME: 9:00 am

LOCATION: Radisson Hotel Seattle Tacoma Airport 18118 International Blvd. Seattle, WA 98188

BOARD MEMBERS PRESENT: Jim Letson, Cemetery Member & Chair Cameron Smock, Cemetery Member & Vice Chair Richard Little, Funeral/Embalmer Member Dante Gutierrez-Zamora, Funeral/Embalmer Member Angela Ward, Public Member

BOARD MEMBERS ABSENT: Ronald Messenger, Cemetery Member Pete Cameron, Funeral/Embalmer Member

STAFF PRESENT: Jill Short, Program Manager Kathe McDaniel, Assistant Administrator Jenni Lingle, Administrative Assistant

Guests: Members of the public and other staff

1. Call to Order 9:00 AM1.1. Introductions

Board members, staff, and guests introduced themselves.

1.2. Order of Agenda Mr. Smock made a MOTION to accept the agenda. Mr. Gutierrez-Zamora seconded the MOTION and it passed.

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Radisson Hotel Seattle Tacoma Airport SeaTac, WA

FUNERAL AND CEMETERY BOARD MEETING MINUTES 2 SPECIAL BOARD MEETING APRIL 17, 2018

1.3. Approval of Minutes: February 6, 2018

MOTION: Mr. Gutierrez-Zamora made a MOTION to approve the minutes as presented. Mr. Little seconded the MOTION and it passed.

1.4. Review Communications 1.4.1. Removal of Dedication Parkhill Cemetery

Ms. Short shared with the Board the notice of filing from the City of Vancouver on the removal of dedication for cemetery purposes of the Parkhill Cemetery.

1.4.2. Ms. Short shared with the Board the notice of filing from the City of Palouse on the removal of dedication for cemetery purposes of the Greenwood Cemetery. Ms. Griese and Rick Little attended a Washington State Funeral Directors Association (WSFDA) and Department of Health (DOH) meeting regarding the update on RCW 70.5a that is out of date. WSFDA is open to feedback if anyone has questions or concerns contact WSFDA.

2. Public Comment Opportunity

Ms. Burgman shared the news article on the front page of the Funeral Home & Cemetery News announcing Paul Elvig going into the hall of fame.

3. New Business

3.1. The International Conference of Funeral Service Examining Boards 3.1.1. Election of District 8 Director

At the 114th Annual meeting of the Conference in New Orleans LA, Mr. Smock was elected as District 8 Director. Mr. Smock will represent Alaska, Alberta, Idaho, Montana, Oregon, Saskatchewan, Washington, and Wyoming.

3.1.2. Exam Fee Changes Ms. Short announced to the Board changes to Exams. The National Board Exam fee will increase to $570 effective August 1, 2018. The Practice National and State Board Exam fee will increase to $60.

3.2. Election of Officers

Mr. Little made a MOTION to nominate Mr. Smock as Chair, Mr. Gutierrez-Zamora seconded the MOTION and it passed.

Mr. Letson made a MOTION to nominate Mr. Little as Vice Chair, Mr. Smock seconded the MOTION and it passed

3.3. Abandoned Cemeteries Rules

Mr. Storvick gave an update on the abandoned cemeteries rules house bill 1907. Staff have filed the CR 101 to start the rule making process as directed

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at the October 2017 meeting. The Cemetery Committee finalized the draft and the next step is to file the CR 102. Mr. Smock made a MOTION to direct staff to file the CR102 regarding rule language for abandoned cemeteries. Mr. Gutierrez-Zamora seconded the MOTION and it passed.

Action Item: Ms. Gillespie will file CR 102 for abandoned cemeteries. 4. Old Business

4.1 Review Master Action Items List The master action items list was reviewed by Ms. Lingle.

5. Complaint Cases for Review*

5.1. 2018-03-2400-00CEM The complaint alleged a family felt charges to remove an urn from a niche and return the urn to them was excessive. Once the family submitted a complaint the cemetery decided to waive all charges. The family wrote a letter stating they were satisfied with the cemetery’s actions. The case manager found the cemetery pricing policies are not within the Board’s jurisdiction and recommended the case be closed. MOTION: Mr. Smock made a MOTION to accept the case manager’s recommendation for closure. Mr. Gutierrez-Zamora seconded the MOTION, and it passed.

5.2. 2018-01-2603-00FDE The complaint alleged that the respondent is performing work of embalmers without proper licensure. The responded was hired as Director of Mortuary Services earlier that month. Per the respondent’s reply to the Board, her duties consisted of organizing and scheduling her care team and the transfer of personnel. She stated she did not participate in embalming work. The case manager found no violation of law and recommended the case be closed. MOTION: Mr. Little made a MOTION to accept the case manager’s recommendation for closure. Mr. Smock seconded the MOTION, and it passed.

5.3. 2017-12-2400-00CEM

The complaint alleged the cemetery had unreasonable charges for a disinterment of human remains. The cemetery staff stated that the prices are high, because of all the paperwork that must be done, and they do not usually do disinterments. The cemetery lowered the price for the family and the family was grateful. The case manager found that pricing is not within the Board’s jurisdiction and recommended the case be closed.

MOTION: Mr. Gutierrez-Zamora made a MOTION to accept the case manager’s recommendation for closure. Mr. Smock seconded the MOTION, and it passed.

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5.4. 2018-01-2400-00CEM

The complaint alleged that the respondent increased the setting fee for a marker purchased from a third party and that the respondent did not set the marker in a timely manner. The setting fee for the third party marker as well as the associated fees are in keeping with the respondent’s price list. The complainant’s mother, the responsible party for the deceased in question, signed a document that stated there would be installation fees, supervisory marking fees, in addition to the memorial care fees which apply to memorials purchased from the respondent’s cemeteries outside memorial provider. In regards to the timely nature of setting the marker, the marker was set within the 90 to 120 days as stipulated in the rules and regulations that the complainants’ mother acknowledged. The case manager found no violation of law or rule and recommended the case be closed.

MOTION: Mr. Smock made a MOTION to accept the case manager’s recommendation for closure. Mr. Little seconded the MOTION, and it passed.

5.5. 2107-09-2602-00FDE

The complaint alleged negligence on the part of a licensed establishment in the performance of embalming. The investigation revealed that arterial embalming was performed, and the deceased person was transferred to a second firm immediately. The second firm had custody of the remains for several days during which the condition of the body deteriorated rapidly. On the day of the scheduled viewing and service, it was discovered that the cavity embalming had never been done, and that the tissue gas had set in. The viewing was not possible. The documentation for the transfer of the remains immediately following the completion of the arterial embalming prevented the licensee from having the ability to oversee the results, to complete the cavity embalming and take remedial actions once tissue gas lesions were discovered. The case manager found no violation of law or rule and recommended the case be closed.

MOTION: Mr. Little made a MOTION to accept the case manager’s recommendation for closure. Mr. Gutierrez-Zamora seconded the MOTION, and it passed.

5.6. 2015-06-2600-00FDE

The complaint alleged failure to follow direction of complainant in confirming requested details and participants for deceased’s memorial service. The respondent failed to arrange for proper military honors as requested at the initial arrangement conference as understood by the complainant. The respondent and the complainant did not have clear communications on the request for military honors at the memorial service either at the initial arrangement conference or in follow up meetings. Remedial counseling was performed to the satisfaction of the investigator and case manager. A full refund was sent to complainant along with an apology for the confusion. The case manager recommends the case be closed.

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MOTION: Mr. Gutierrez-Zamora made a MOTION to accept the case manager’s recommendation for closure. Mr. Little seconded the MOTION, and it passed.

6. Legal Issues for Deliberation*

6.1. Orders To Be Presented No business.

7. Disciplinary & Investigation Items

7.1. Closed Session Deliberation Report (only necessary if closed session is held) No business

7.2. Disciplinary Cases Report Packet item; no action.

8. Assistant Attorney General’s Report

Ms. Simpson gave a brief update on the Southwick case.

9. Committee/Task Force Reports 9.1. Cemetery Committee

Update was given under 3.3.

9.2. Guidelines/Laws-Rules Review Committee No business.

10. Board Staff Report 10.1. Program Operations

No business.

10.2. Department of Licensing Assistant Director Kathleen Drew moved on to another agency and currently Jennifer Clawson is the Acting Assistant Director and Lorin Doyle is the Acting Deputy Assistant Director.

10.3. Other Items No business.

11. Other Business 11.1. Any Other Business

The August board meeting will be held in Spokane at the Davenport Grand instead of Wenatchee.

11.2. Action Items From This Meeting Ms. Gillespie will file CR 102 for abandoned cemeteries.

11.3. Agenda Items For Next Meeting None.

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Adjournment 9:26 AM

Submitted by: ___________________________ ______________________ Jill Short, Program Manager Date Approved by: ___________________________ ______________________

Jim Letson, Board Chair Date

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Board Meeting

Tab 2

Public Comment Opportunity

The Board has the option to allow comment from the public on agenda items or other topics, unless the

comment is related to an open investigation.

The Board may limit the comment period, and will provide instructions if they choose to do so.

Board Meeting

Tab 3

New Business

Topics for action or discussion by the board as identified at or since the last board meeting.

STATE OF WASHINGTON

DEPARTMENT OF LICENSING

PO Box 9020 Olympia, Washington 98507-9020

I Cameron Smock, Chair of the Washington State Funeral and Cemetery Board (the Board), acting under the authority of a majority affirmative vote of the Board, do hereby appoint –Anthony Pasinetti to act as Presiding Officer(s) over the Board’s BAP Hearings as needed.

This appointment shall remain in effect until otherwise revoked or withdrawn by an affirmative vote of the Board.

This appointment does not authorize waiver of the attorney-client privilege. Such waiver may be authorized only by the Chair of the Board.

This appointment is made by authority of and pursuant to the provisions of Chapter 34.05 RCW, Chapter 18.235 RCW and other statutes pertaining to the regulation of Funeral and Cemeteries (Chapter 18.220 RCW) and WAC 308-15-103.

DATED this ______day of __________, 2018.

_________________________________________ Cameron Smock, Chair Washington State Funeral Board

Skip a trip – go online www.dol.wa.gov

We are committed to providing equal access to our services. For information visit dol.wa.gov/access. (TDD/TTY call 711)

3.1.1

http://www.dol.wa.gov/

STATE OF WASHINGTON

DEPARTMENT OF LICENSING

PO Box 9020 Olympia, Washington 98507-9020

I Cameron Smock, Chair of the Washington State Funeral and Cemetery Board (the Board), acting under the authority of a majority affirmative vote of the Board, do hereby appoint –Melinda Cutter to act as Presiding Officer(s) over the Board’s BAP Hearings as needed.

This appointment shall remain in effect until otherwise revoked or withdrawn by an affirmative vote of the Board.

This appointment does not authorize waiver of the attorney-client privilege. Such waiver may be authorized only by the Chair of the Board.

This appointment is made by authority of and pursuant to the provisions of Chapter 34.05 RCW, Chapter 18.235 RCW and other statutes pertaining to the regulation of Funeral and Cemeteries (Chapter 18.220 RCW) and WAC 308-15-103.

DATED this ______day of __________, 2018.

_________________________________________ Cameron Smock, Chair Washington State Funeral Board

Skip a trip – go online www.dol.wa.gov

We are committed to providing equal access to our services. For information visit dol.wa.gov/access. (TDD/TTY call 711)

3.1.1

http://www.dol.wa.gov/

Board Meeting

Tab 4

Old Business

Topics from past meetings, presented for update, action or further discussion by the board.

Board of Registration for Funeral & Cemetery Board or Staff Assignments

Date Assigned

Action Item Assigned to Comments Due Date

4/17/18 File CR- 102 for abandoned cemeteries. Ms. Gillespie Completed 08/7/18

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Board Meeting

Tab 5

Complaint Cases for Review

Complaint closure recommendations presented by the assigned case manager.

Board action is required on each case.

CASE MANAGER RECOMMENDATION WORKSHEET DELIBERATIVE DOCUMENT

PREDECISIONAL RECOMMENDATION

Not disclosable until final disposition

CASE NUMBER: 2018-03-2401-00CEM

COMPLAINT SUMMARY: Invalid contracts for lack of signatures, unauthorized withdrawal of funds from bank account, insufficient information provided at time of initiation of pre-need contracts

FACTS: Complainant states since there is no signature on either of 2 preneed contracts and no authorization was given for auto (ACH) payments on said prearrangements all is null and void and respondent is demanding a refund in full, after 4 years of payments, of all funds paid to respondent.

Respondent provided signed prearrangement contracts for both contracts in dispute as well as a signed authorization for ACH payments (with a voided check) for sad prearrangements. Respondent has offered to refund 50% of amounts paid in per RCW at which respondent has failed to respond to offer.

All appropriates boxes (cancellation clause etc.) have been initialed by the respondent on both prearrangement contracts.

I find no valid claim by the Complainant or violations of any RCW or WAC by the respondent and recommend closure of this case.

RECOMMENDATIONS: (Please select one)

Close with no further action: XX

Remediation\Counseling:

Formal Action:

SUGGESTED RCW & WAC’s VIOLATIONS:

1) 2) 3)

Ron Messenger May 17, 2018 Signature of Case Manager Date

RETURN TO INVESTIGATION MANAGER ([email protected]) Revised August 11, 2017

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mailto:[email protected]




CASE NUMBER: 2018-04-2600-00FDE

COMPLAINT SUMMARY: Failure to set grave marker in a timely manner, failure to adequately explain setting options to family and lack of communication

FACTS: Complainant states respondent failed to adequately explain the options for a concrete border for the granite marker they ordered, complainant “assumed” the setting fee included a concrete border when in fact it does not. Respondent states the purchaser declined when asked if they wished to purchase a concrete border at an additional cost. Delay was created in trying to determine how the complainant wished to proceed – either set without a concrete border, purchase a border or receive setting refund and have a 3rd party set the marker.

Although I feel communications could have been on a more timely basis allowing the marker to be set sooner, I find no violations of rule or law,

Marker was set per the terms of the contract


Close with no further action: X

Remediation\Counseling:

Formal Action:


1) 2) 3)



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CASE MANAGER WORKSHEET

Please review the case file to complete this worksheet.o Use this worksheet to make a recommendation to the board.o Do not use specific names of respondents or complainants on this form.o Do not add recommended sanctions on the worksheet. That discussion will happen separately.

If you need additional information or have questions about this summary, please contact staff.

CASE NUMBER: ___2016-04-2601-00FDE_________

COMPLAINT ALLEGATIONS: This complaint alleges misrepresentation on the part of a registered intern, whose business cards represented that she was a funeral director.

FINDINGS OF FACT: Through mail contact it was determined that the allegation was true. The intern claimed that the company supplying business cards to the firm did not provide an option to include the word intern.

Subsequently, an investigator from the department visited the firm and saw that new business cards including the title “Funeral Director Intern” were on display in the lobby.

CONCLUSIONS:


Remediation\Counseling: The respondent was counseled about the matter. Subsequently, the respondent has become a licensed funeral director.

I move that this matter be closed with no further action.

Formal Action:

Supporting RCW & WAC’s Violations:

1) 2) 3)

___James D. Letson __May 30, 2018______________ Signature of Case Manager Date

RETURN TO INVESTIGATION MANAGER ([email protected])

Revised April 15, 2016

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COMPLAINT SUMMARY: Self reporting of inadvertent co-mingling of cremains caused by operator error. Operating employee was not trained nor authorized to operate crematory equipment and did so without knowledge of funeral home management.

FACTS: Metal piece of cremated casket was swept into the clean out area of the retort. This became lodged and backed up cremated remains of the cremation just completed plus some cremains of the next 7 cremations before it was discovered. The amount of backup from each cremation is undeterminable but created a backup in an amount approximate to one average sized person’s cremated remains. The discovery of the lodged metal casket piece was not in an obvious location requiring partial entry into the cremation chamber by staff which is why the discovery was not immediate.

Funeral Home is or has contacted each of the affected 8 families and is working through solutions acceptable to each family.

The operator causing this situation is no longer employed by the firm and apparently did not follow the company’s crematory operation policies & procedures in operating the cremation equipment.

Funeral Home management has interviewed all crematory operators they employ, reconfirmed policies and procedures on acceptable operating procedures and is working to reach settlements with all involved. I feel the actions creating this situation was not the fault of the firm but of an employee not following current policies and procedures of the firm. I feel the management has handled this situation in the best manner possible therefor I recommend no further actions or charges and closure of this case.


Close with no further action: X


1) 2) 3)



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Please review the case file to complete this worksheet.

o Use this worksheet to make a recommendation to the board and/or board staff on the course of

action for this case. This recommendation will be used for future discussion and decision

making by the Board or Board Staff and Assistant Attorney General so include any information

you feel they should consider.

o Do not use specific names of respondents or complainants on this form.

o Do not add recommended sanctions on the worksheet. That discussion will happen separately.


CASE NUMBER: 2017-09-2400-00CEM

COMPLAINT SUMMARY: Complainant was told by the funeral director that his spouse would not fit into a regular sized casket and would need to use the two plots they owned in the cemetery to accommodate the casket. The cemetery offered to sell the complainant two plots in a different part of the cemetery where an oversized casket would fit into a single grave costing the complainant $3000 more.

FACTS: The funeral director was given the measurements verbally by a staff member of the removal service that did the actual removal. Not wanting to pay the extra fees for his spouse to be placed in another part of the cemetery, he contacted another funeral home and had his spouse placed in a different cemetery. The deceased was placed in a regular sized casket and in a single grave at the new location.


Close with no further action: __x___

Remediation\Counseling: _____

Formal Action: _____


1) 2) 3)

___Richard Little_____________ ___________7-3-18______________________

Signature of Case Manager Date


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CASE MANAGER WORKSHEET

Please review the case file to complete this worksheet.o Use this worksheet to make a recommendation to the board.o Do not use specific names of respondents or complainants on this form.o Do not add recommended sanctions on the worksheet. That discussion will happen separately.



COMPLAINT ALLEGATIONS: The complainant alleges that the respondent transferred her son’s remains from the King County Medical Examiner’s office without her consent.

FINDINGS OF FACT: The complainant’s daughter, sister to the deceased, had scheduled an appointment with the respondent to discuss arrangements. An employee of the respondent contacted a transportation service and had the deceased transferred into the care of the respondent. The complainant’s daughter did not come to the initial appointment that was scheduled, but she and the complainant came to the respondent’s funeral home when they knew that the deceased was in their care. The Licensee and the Managing Director of the respondent’s funeral home accommodated every reasonable request of the complainant. Another funeral provider was contacted by the respondent and the complainant’s request and the deceased was transferred into their care. The respondent did not charge the complainant for the transfer or any other services. The employee who initiated the transfer has been dismissed.

CONCLUSIONS: While the transfer on deceased was in error, the respondent made an effort to accommodate reasonable requests and helped rectify the situation within the same day. I suggest the case be closed with no further action.

Supporting RCW & WAC’s Violations:

___ _____ __June 1, 2018 Signature of Case Manager

RETURN TO INVESTIGATION MANAGER ([email protected])

5.8





Please review the case file to complete this worksheet.

o Use this worksheet to make a recommendation to the board and/or board staff on the course of

action for this case. This recommendation will be used for future discussion and decision

making by the Board or Board Staff and Assistant Attorney General so include any information

you feel they should consider.

o Do not use specific names of respondents or complainants on this form.

o Do not add recommended sanctions on the worksheet. That discussion will happen separately.


CASE NUMBER: ______2018-03-2403-00CEM________

COMPLAINT SUMMARY: The Complainant said that the current cemetery owners should honor the prepaid agreement that was made in November of 1973.

FACTS: After the complainant purchased the plot, urn, liner, and bronze marker, the cemetery went bankrupt 10 years later with the bankruptcy agreement stating that the cemetery taking over the former cemeteries business would honor existing pre arranged contracts. When the complainant’s family was ready to make arrangements to set the marker, the staff from the cemetery they talked with had no records. The staff member was a new employee. The family then contacted the monument company with no luck. They then went back to the cemetery and talked with another staff member who understood the agreement. After a series of miscommunications, the bronze marker was ordered and put in place


Close with no further action: _X_

Remediation\Counseling: _____

Formal Action: _____


1) 2) 3)

_____Richard Little_______________ _______7-17-2018__________________________ Signature of Case Manager Date


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Board Meeting

Tab 6

Legal Issues for Deliberation

Negotiated settlement orders or default orders presented by the board’s prosecution team.

Board action is required on each order.

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3 STATE OF WASHINGTON

4 DEPARTMENT OF LICENSING WASHINGTON STATE FUNERAL AND CEMETERY BOARD

5 r In the Matter of the License Application NO.2017-11-2603-OOFDE

6 of AGREED ORDER

7 Call Us First of Washington, LLC

8 Respondent.

9

10 The parties ih this matter agree that this appeal of the Notice of Intent to Deny Funeral

11 Establishment License and Crematory Operation Permit Applications is withdrawn in accordance

with the following conditions and stipulations:

13 STIPULATIONS

14 1. The business entity presently known as Call Us First of Washington, LLC (the business),

15 agrees to withdraw the present appeal and its present application for a funeral

16 establishment and crematory license. The Department agrees to refund the application fee

17 associated with the present application.

18 2. The business may submit new applications to the Department of Licensing for a funeral

19 establishment license and crematory license.

20 3. The Department will grant a conditional license, so long as:

21 a. The new application meets the requirements of RCW 18.39.145.

22 b. Prior to filing the new application, the business will update its contact information

23 with the Puget Sound Clean Air Agency to the designated funeral director, as the

24 present contact number and email are associated with Sunrise Cremation society

25 and Julius Collins.

26

AGREED ORDER ) ATTORNEY GENERAL OF WASHINGTON Licensing and Administrative Law Division

1125 Washington St. SE; PO Box 40110 Olympia, WA 98504-0110

(360)753-2702

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c. Prior to filing the new application, the business will remove "Sunrise Cremation"

as a registered trade name with the Department of Revenue records.

d. The applicants agree that a condition of the license shall be that Julius Collins will

not be associated with the conditionally licensed business as an officer, owner,

employee, or agent of the licensees and that the new business will be independent

from "Sunrise Cremation."

e. The applicants Agree that a condition of the license shall be that the licensees will

allow Department inspectors to access the facility and the business's records at

any time.

4. The conditions in 3(a)-(e) of this stipulated motion to withdraw shall be incorporated as

terms of any conditional license that is issued to the applicants.

5. The applicants further agree that failure to comply with the pre-requisites of (3)(a)-(c) are

grounds to deny the conditional license and that violations of the conditions in (3)(d)-(e)

are grounds for revocation of the conditional license.

//

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AGREED ORDER 2 ATTORNEY GENERAL OF WASUNGTON Licensing and Administrative Law Division


(360) 753.2702

6.1.2

1 AGREED ORDER

2 The Washington State Funeral and Cemetery Board accepts and enters this Agreed Order

3 based on the stipulations above. The pending appeal of the Department's Notice of Intent to Deny

4 Funeral Establishment License and Crematory Operation Permit Applications is dismissed. Any

5 issued license shall be conditioned upon the stipulations stated above, Nothing in this Agreed

6 Order may be construed as a limitation on the enforcement authority of the Department or

7 Washington State Funeral and Cemetery Board with respect to Respondent's duties and

8 obligations under the laws governing funeral practice.

9 DATED this day of 2018.

10

11 Jim Letson State Of Washington Washington State Funeral and Cemetery Board Presiding Officer

Agreed by:

Az~ ALEXANDER CHAN, WSBA No. 41709 Counsel for Call Us First of Washington, LLC 11004 NE 11th Suite 503 [email protected]

ROBERT W. FERGUSON

Tmey General

KAFX J. TEBEAU, WSBA No. 49923 R. JULY SIMPSON, WSBA No. 45869 Assistant Attorneys General Attorneys for Washington State Department of Licensing PO Box 40110 Olympia, WA 98504-0110 (360) 534-4850; (360) 586-2780 [email protected]; [email protected]

AGREED ORDER 3 ATTORNEY GENERAL OF WASHINGTON Licensing and Administrative Law Division


(360) 753-2702

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6.1.2

DECLARATION OF SERVICE

I, Linda Estep, declare that I sent a copy of this document, Agreed Order, to be served

on all parties or their counsel of record by US Mail Postage Prepaid via Consolidated Mail Service

on the date below and as follows to:

Alexander Chan Counsel for Respondent 11004 NE 11th Suite 503 Bellevue, WA 98Q04 [email protected]

Elizabeth Lagerberg, Assistant Attorney General General Advisor to Funeral and Cemetery Board PO Box 40110 Olympia WA 98504-0110 [email protected]

Jim Letson, Presiding Officer Washington State Funeral and Cemetery Board P.O. BOX 9012 Olympia, WA 98507-9012

Filed with:

Amairani Padilla, Board Clerk Washington State Funeral and Cemetery Board P.O. Box 9012 Olympia, WA 98507-9012

I declare under penalty of perjury under the laws of the State of Washington that the

foregoing is true and correct.

DATED this + (4, day of July, 2018, at Olympia, Washington.

LINDA ESTEP, Legal Assistant

AGREED ORDER 4 ATTORNEY GENERAL OF WASHINGTON Licensing and Administrative Law Division

- 1125 Washington St. SE; PO Box 40110 Olympia, WA 98504-0110

(360) 753-2702

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6.1.2

Board Meeting

Tab 7

Disciplinary &

Investigation ItemsStandard disciplinary reports and a report of any

administratively closed complaints.

Provided for information only –typically no board action is needed.

Assigned to: Funeral Cemetery AAGs Office Daily Intake Investigations Legal Monitor Open

CaseCameron Smock 0 0 0 0 0 0 0Jim Letson 8 0 1 0 0 1 6Pete Cameron 2 0 1 0 0 0 1Richard Little 3 2 3 0 0 0 2Ron Messenger 12 6 16 0 0 0 2Unassigned 9 2 3 1 6 1 0Totals 34 10 24 1 6 2 11

Recent Yearly Totals 2016 2017 2018CEM Start 10 7 11CEM Open 25 13 8CEM Close 28 9 8CEM End 7 11 11FDE Start 59 65 65FDE Open 67 40 20FDE Close 61 40 21FDE End 65 65 64

Funeral & Cemetery Board Complaint Report - Page 1 Open Cases

Typical Complaint Process (Open Case Status)-- Staff receive complaint (Daily intake)-- Staff evaluate complaint (Daily intake)-- Staff use BAP if appropriate (BAP)-- Staff assign to Case Manager (CM) (Case Manager Review)-- CM review & determine whether to investigate (Case Manager Review)-- Staff investigate complaint (Investigations)

-- If no evidence supports allegation, CM recommend closure (Case

AAGs Office55%

Daily Intake2%

Investigations14%

Legal4%

Monitor Open Case25%

Open Case Status

Funeral77%

Cemetery23%

Number of Funeral vs. Cemetary Cases

20

12

7

5 34

10

8

7.2

Funeral & Cemetery Board Complaint Report - Page 2 Closed Cases

Maximum fine allow per violation:Unprofessional conduct - $5,000 / per occuranceUnlicensed practice - $1,000 / per day

Range of other sanctions available (not inclusive)Severe Revoke license

Suspension (not stayed)Suspension (stayed)ReprimandTraining

Mild Law summary

AllegationClosed W/No

Action* # Default Orders# Negotialted Settlements # Hearings

Lowest Fine

Highest Fine

Suspensions (Incl. Stayed)

License Revoked

Care of Human Remains 9 0 4 0 $500 $ 12,500 2 0Trust Fund Violation 3 2 15 0 $3,000 $ 30,000 11 2PA Contract Issue 17 0 3 0 $1,500 $10,000 2 0Right To Control 12 1 11 0 $2,500 $16,000 6 0Unlicensed Practice 6 0 10 0 $2,500 $20,000 3 0Solicitation of Human Remains

1 0 0 0 $ - $ - 0 0

Failure to Supervise Intern (Funeral Directors & Embalmers Only)

1 1 3 0 $1,500 3000 3 0

General Price List 1 0 0 0 $ - $ - 0 0Issues w/or Failure to File Death Certificates, Burial Transits

5 0 8 0 $2,000 $4,000 2 0

Grounds Maintenance (CEM. only)

6 0 0 0 $ - $ - 0 0

Other 83 22 13 0 $500 $1,000 0 0

* closed because no evidence of violation was found Run date 7/16/2018

Cases sent to collections 5

Common Resolution Methods (2013-17) Common Sanctions Used

0 20 40 60 80 100

Hearing Order

Non-Hearing Order

Dismissed / Unsubstantiated / No…

Informal Action

Charges withdrawn/dismissed

Other

Closed Case Dispositions

Funeral

Cemetary

7.2

Board Meeting

Tab 8

Assistant Attorney General Report

Presentation of general legal issues of interest to the board.


Board Meeting

Tab 9

Committee/Task Force Reports

Reports and updates from the board’s standing committees or task forces.

Board action may be needed.

Board Meeting

Tab 10

Board Administrator’s Report

Operational reports and information about legislative matters of interest to the board.


2017-2019 Funeral And Cemetery Account Budget Summary

Current Revenue Data based on Actuals Projected Revenue Data based on Six-Year Plan

Beginning FY 18 Fund Balance 863,273$ Fund Balance 860,879$

Add: Current FY Revenue to Date 757,887$ Add: Projected Revenue Remainder FY18 $0Less: FY Expenditures to Date 760,280$ Less: Projected Expenditures Remainder FY18 $0

Less: Operating Transfer Out 47,159$ Current Fund Balance 860,879$ Estimated Fund Balance End FY18 813,721$

Fiscal Year-to-DateRevenues

License, Permits, and Fees 863,273$

Expenditures TotalA - Salaries and Wages 390,841$ B - Employee Benefits 144,450$ C - Professional Service Contracts 1,600$ E - Goods and Services 191,386$ G - Travel 29,274$ J - Capital Outlays 2,922.13N - Grants, Benefits & Client Services 352$ S - Interagency Reimbursements (41.45)T - Intra-Agency Reimbursements (504)$

Total Expenditures 760,280$ Excess of Revenues Over (Under) Expenditures (2,394)$

Fund Balance As Previously Reported (Beginning FY18) 863,273$ Fund Balance - Ending 860,879$

10.1

Board Meeting

Tab 11

Other Business

Review of action items from this meeting, agenda items for the next meeting, and discussion of topics

added under the Order of the Agenda.

Board Meeting

Tab 12

Adjournment

Board Meeting Tab 1 Call to Order - WA State Licensing ...€¦ · 5. Complaint Cases for Review*...

Documents

Transcript of Board Meeting Tab 1 Call to Order - WA State Licensing ...€¦ · 5. Complaint Cases for Review*...