NORTH CAROLINA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

 CEDAR DRIVE THRAPSTON NORTHAMPTONSHIRE NN14 4LZ TELEPHONE 01832
PREFACE NORTH AMERICAN NUMBERING COUNCIL (NANC) FUNCTIONAL REQUIREMENTS SPECIFICATION
CENTRE MANAGER – NORTH MANCHESTER JOB TYPE FULLTIME

MAIN DECÍA DEBE DECIR NORTH AMERICAN CHAPTER OF
+ MINUTES NORTHERN IRELAND BOARD NIB 09 DATE MONDAY
1 1TH NORTH AMERICAN FT MS CONFERENCE FORMAT BELOW

NORTH CAROLINA

NORTH CAROLINA IN THE OFFICE OF

ADMINISTRATIVE HEARINGS

WAKE COUNTY 00 BMS 0583


NC BOARD OF MORTUARY SCIENCE )

Petitioner, )

)

vs. ) RECOMMENDED DECISION

)

CHAPPELL FUNERAL HOME )

Yolanda Chappell, )

Respondents. )


THIS MATTER coming to be heard and being heard before Beryl E. Wade, Administrative Law Judge, in the Office of Administrative Hearings, on August 21, 2000 at 9 a.m. in the Lee House Hearing Room, 422 North Blount Street in Raleigh, North Carolina upon a Notice of Hearing filed by the North Carolina Board of Mortuary Science against Chappell Funeral Home and Yolanda Chappell, Respondents.


From the evidence presented and in accordance with N.C.G.S. Sections 150B-38 and Title 21, Chapter 3 of the North Carolina Administrative Code the Court makes the following:


FINDINGS OF FACT


1. Respondent Chappell Funeral Home is a funeral establishment licensed by the Board of Mortuary Science and is subject to Chapter 90 of the General Statutes of North Carolina and Title 1 and Chapter 34 of the North Carolina Administrative Code.

2. Respondent, Yolanda Chappell, is licensed as a funeral director by the Board and is subject to Chapter 90 of the General Statutes of North Carolina and Title 21, Chapter 34 of the North Carolina Administrative Code.


3. In July 1997, Crawford Mortuary of North Ridge, California shipped the remains of Joanne M. Langley to Chappell Funeral Home.


4. Chappell Funeral Home received the remains and conducted a funeral.


5. In June 1999, Crawford Mortuary filed a complaint with the Board of Mortuary Science, which caused an investigation to be conducted.

6. In January 2000, the Executive Director sent Respondents a letter requesting them to “show proof of payment to Crawford Mortuary.”


7. Through the date of this hearing, Respondents have not provided the Board of Mortuary Science any proof of payment to Crawford Mortuary.


8. The Board filed a Notice of Hearing dated April 25, 2000.


9. M. Jackson Nichols, PA, appeared on the behalf of the Petitioner, Board of Mortuary Science.


10. Petitioner’s pre-hearing statement was filed with the Office of Administrative Hearings on or about May 23, 2000.


11. Respondent’s pre-hearing statement was filed on March 31, 2000, by W.A. Holland, Jr., Attorney at Law, on behalf of Respondents.


12. All parties appeared for the hearing and were represented by counsel and filed with the Court a Pre-Hearing Order.


13. The only pending motion at the time of the hearing was Petitioner’s Motion for Sanctions or Alternatively to Compel which the Petitioner withdrew as Respondents complied with the discovery request.


14. Pursuant to the Pre-Hearing Order, both parties stipulated that the Petitioner had the burden of proof and the standard of proof is by preponderance of the evidence.


15. Both parties further stipulated that there were no amendments pending or proposed to the Petitioner hearing or response.


16. Respondent, Yolanda Chappell has been continuously licensed by the Board of Mortuary Science since January 24, 1995. The Board of Mortuary Science has continuously licensed Respondent, Chappell Funeral Home, since July 5, 1996, and Chappell Funeral Home received the remains and conducted the funeral in question.


17. Chappell Funeral Home entered into evidence a statement of funeral goods and services selected for the deceased, Ms. Joanne Atkinson Langley. William Langley who presented his address as 8970 Academy Park Drive, Buena Park, California signed the statement of funeral goods and services selected. The statement of funeral goods and services selected did not indicate a charge for payment of any amounts to Crawford Mortuary of North Ridge, California.


18. Crawford Mortuary shipped the body to North Carolina by airfreight where the Chappell Funeral Home made arrangements to collect the body and pay the freight charges and thereafter conducted the funeral.


19. Chappell Funeral Home was under the impression that some insurance existed that would pay for the funeral, however, there was no insurance to pay any of the funeral services and Chappell Funeral Home ultimately collected the full amount due of $6,417.00.

20. Chappell Funeral Home and Yolanda Chappell could not produce to the Board a cancelled check indicating Crawford Funeral Home was paid any amount, although a bill was submitted to Chappell Funeral Home for the service.


21. Yolanda Chappell did not maintain or retain accurate banking records. In July 1997, the business was relevantly new and the Chappell Funeral Home bookkeeping failed to be maintained in such a matter that accurate and documented information would be available to the North Carolina Board of Mortuary Science upon its request for information.


BASED on the FOREGOING FINDINGS OF FACT, the undersigned Administrative Law Judge makes the following:


CONCLUSIONS OF LAW


1. The Board has jurisdiction of the actions of the Respondents as alleged in the Notice of Hearing.


2. Chappell Funeral Home is not indebted to Crawford Mortuary of California in any amount.


3. The Respondents conduct did not constitute fraud or misrepresentation of the Funeral Services as alleged in the Notice of Hearing.


NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that

the recommendation of the Administrative Law Judge is that the Board of Mortuary Science dismisses its petition against Respondent herein.


NOTICE


The agency making the Final Decision in this contested case is required to give each party an opportunity to file exceptions to this recommended decision and to present written arguments to those in the agency who will make the Final Decision. G.S. § 150B-36(a).


The agency is required by G.S. § 150B-36(b) to serve a copy of the Final Decision on all parties and to furnish a copy of the parties’ attorney of record and to the Office of Administrative Hearings.


This the 20th day of February, 2001.




____________________________________

Beryl E. Wade

Administrative Law Judge

3



100 NORTH SENATE AVENUE ROOM N642 INDIANAPOLIS INDIANA 46204
11 UNIVERSITY OF NORTH CAROLINA AT WILMINGTON SCHOOL OF
113 NORTHERN CENTRAL AMERICAN CERAMIC UNITS AND THE LAND


Tags: administrative hearings, wade administrative, office, hearings, carolina, administrative, north