STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In the Matter of the Revocation ) or Suspension of the licenses of ) GARY JACK FAIRCLOTH, licensed )

funeral director and embalmer, ) 605 North Jefferson Street, ) Perry, Florida, and of FAIRCLOTH )

FUNERAL HOME, P.A., licensed ) CASE NO. 75-424

funeral establishment, 605 North ) Jefferson Street, Perry, Florida, ) GARY JACK FAIRCLOTH, licensed )

funeral director and embalmer in ) charge and owner and operator of ) FAIRCLOTH FUNERAL HOME, )

)

Respondents. )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on August 18, 1975, at 10:00 a.m., in Room 104, Collins Building, Tallahassee, Florida.

APPEARANCES

Petitioner: G. Kenneth Norrie, Counsel for the Board Witness: R. C. Blanton, Executive Director of the Board

Dabney Ramseur, Jr.

Trust Officer, Commercial Bank Panama City, Florida.

Respondent: Gary Jack Faircloth, Respondent

ISSUE

Whether Respondent's personal and operating licenses should be suspended, revoked or withdrawn.

FINDINGS OF FACT

1. The licenses of Gary Jack Faircloth, licensed funeral director and embalmer were suspended during the period of July 25, 1974, through October 25, 1974. Gary Jack Faircloth, Petitioner, vs. State Board of Funeral Directors and Embalmers, 312 So. 22nd 222, (Florida Appellate, 1st 1975).

   
   

2. The Respondent performed funeral directing and embalming services with respect to the remains of: Eugene S. Francis who died October 1, 1974; Ethel Morse Collins who died July 25, 1974.

3. Death Certificate for Ethel M. Collins was received by the local registrar March 14, 1975. Death Certificate for Eugene S. Francis was received by the local registrar January 17, 1975.

   
   

4. The embalming and funeral arrangements for the two above named individuals were performed by Gary Jack Faircloth while acting as agent for on in behalf of or in the furtherance of the interests of Faircloth Funeral Home.

   
   

5. Gary Jack Faircloth has failed to promptly secure licenses for himself as an embalmer and as a funeral director and he has failed to promptly secure licenses for the Faircloth Funeral Home which he owns and operates.

   
   

6. Gary Jack Faircloth performed funeral and embalming services during the time he was under suspension by the State Board of Funeral Directors and Embalmers.

   
   

7. Gary Jack Faircloth failed to execute and record each death certificate for the foregoing named decedents within the time required by Section 382.081, Florida Statutes, which requires a death certificate be sent for recordation within three (3) days after death.

   
   

   CONCLUSIONS OF LAW

   
   

8. Respondent Faircloth violated Section 470.12(2)(k), Section 470.12(2)(p), Section 470.21, Section 470.12(l)(i), Section 470.12(4)(a)(b)(c), Florida Statutes, inasmuch as he admittedly practiced funeral directing and embalming in his establishment during the time that he was suspended by the Board. He failed to promptly secure his personal and establishment licenses when due. He failed to file death certificates as required by law promptly after performing funeral directing services for the two deceased individuals named in this Recommended Order.

RECOMMENDATION

It is recommended that the personal licenses of Respondent, Gary Jack Faircloth, for embalming and for funeral directing be revoked.

It is further recommended that the establishment operating license of Respondent Faircloth for Faircloth Funeral Home be revoked.

August 21, 1975 DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

G. Kenneth Norrie, Counsel for the Board

R. C. Blanton, Executive Director of the Board Dabney Ramseur, Jr., Trust Officer, Commercial Bank Gary Jack Faircloth, Respondent

Docket for Case No: 75-000424

Orders for Case No: 75-000424