STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF FUNERAL DIRECTORS ) AND EMBALMERS, )

)

Petitioner, )

)

vs. ) CASE NO. 77-2098

)

HARTMAN DELANO POITIER, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on January 25, 1978, in Delray Beach, Florida.

APPEARANCES

For Petitioner: Michael J. Dewberry, Esquire

Rogers, Towers, Bailey, Jones and Gay Florida Title Building

Jacksonville, Florida 32202

For Respondent: Hartman Delano Poitier, in proper person

379 South Dixie Highway Deerfield Beach, Florida 33441

The State Board of Funeral Directors and Embalmers, Petitioner herein, pursuant to its complaint dated November 1, 1977, seeks to revoke Hartman Delano Poitier, Respondent herein, license to practice as a licensed embalmer and funeral director based on allegations that he engaged in conduct violative of Florida Statutes, Sections 470.12(1)(c), (k) and (2)(c) and (p) in that he is an habitual drunkard.

Based on the testimony of the witnesses and their demeanor while testifying, including the entire record compiled herein, I make the following:

FINDINGS OF FACT

1. The Respondent is a licensed funeral director and embalmer holding license numbers 1231 and 1250 respectively.

   
   

2. Clarence Quinn, a policeman employed by the Delray Beach Police Force testified that he has known the Respondent for approximately 35 years and at one time lived with the Respondent for an extended period of time. He testified that during the funeral of his mother on or about May 20, 1976, he encountered numerous problems in attempting to make the necessary funeral arrangements. He testified that the Respondent stayed in a drunken state for a two day period beginning May 21 and that due to his inability to make satisfactory arrangements

   with the Respondent, he had to remove his mother's body to another funeral home to make the necessary embalming and funeral arrangements. Messr. Quinn encountered similar problems with the Respondent during the funeral of his nephew during 1972. Lillian Rohming, Respondent's sister, also corroborated the testimony of Quinn and testified that he is suffering from an alcoholic problem which is, in her opinion, destroying him as a person and impairing his ability to function as a funeral director and embalmer.

   
   

3. Messr. Hamon Thompson, presently employed by Meking Industries, was formerly employed by Respondent for approximately 8 or 9 years. During this period of time, he assisted the Respondent in making funeral arrangements and performed general staff duties 3 to 4 hours daily during afternoon and evening hours. He testified that it was not uncommon for the Respondent to remain in an intoxicated state frequently for periods lasting 3 to 4 days. To the best of his ability, he discouraged the Respondent and others from bringing alcohol on the premises. This was done, based on his observation of the Respondent's performance and/or lack thereof when he imbibed alcohol. He testified that without question, the Respondent is one of the more excellent embalmers and funeral directors in the area while sober but that within the last few years, he consumes alcohol excessively which has been detrimental to his performance as an embalmer and funeral director. He, like other witnesses who testified, including Lauren Braxton, Respondent's sister, Joseph Harrington, an acquaintance of Respondent's for approximately 20 years and Joe Poiter Jerkins, another of Respondent's sisters, all testified as to the severity of Respondent's alcoholic problems. The evidence is that while drinking alcohol, the Respondent is generally unresponsive to the requests of families during funerals; he occasionally lies down in empty caskets; he blows the siren while mourners including family members are viewing bodies and he occasionally interrupts funerals when, in the Respondent's opinion, the funeral ceremony lasts too long.

   
   

4. James E. Shelton, an assistant of Respondent for numerous years, testified that based on his relationship with the Respondent, he (Respondent) has conducted himself in a mannerable fashion and that alcoholism is in no way a problem which affects the Respondent's ability to function as an embalmer or funeral director. He testified that although it is true that the Respondents business has fallen off recently, he attributes this decline due to conflicts respecting the ownership of the business.

   
   

5. Based on the foregoing findings, I am constrained to conclude that the evidence compiled herein necessarily compels a conclusion that the Respondent is an habitual drunkard as alleged in the administrative complaint filed herein and I shall so recommend. Consideration was given to the contrary testimony of witness Shelton and Respondent's wife, Ester B. Poitier. However, on balance, the weight of evidence supports a finding that the Respondent is suffering from an alcoholic problem which has hampered his ability to function as a licensed embalmer and funeral director. I shall so recommend.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

7. The authority of the Petitioner, State Board of Funeral Directors and Embalmers, is derived from Chapter 470, Florida Statutes.

8. Chapter 470.12, Florida Statutes, sets forth several grounds for which the Petitioner is authorized to revoke a licensed embalmer and funeral director including Subsections 470.12(1)(c) and (2)(c), which specifically provide that the Petitioner, having determined that a licensee is a habitual drunkard . . . shall revoke the licensee's license. Based thereon, and the findings and conclusions stated above, I hereby conclude that there is competent and substantial evidence to support the allegations that the Respondent is an habitual drunkard as alleged in violation of Chapter 470.12, Florida Statutes.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, I hereby recommend that the Respondent's license to practice as a licensed embalmer and funeral director be revoked.

ENTERED this 17th day of March, 1978, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Michael J. Dewberry, Esquire Rogers, Towers, Bailey, Jones

& Gay

Florida Title Building Jacksonville, Florida 32202

Hartman Delano Poitier

379 South Dixie Highway Deerfield Beach, Florida 33441

Ronald T. Giddens, Secretary-Treasurer

State Board of Funeral Directors and Embalmers 6501 Arlington Expressway, Suite 208

Jacksonville, Florida 32211

Docket for Case No: 77-002098

Orders for Case No: 77-002098