State of North Carolina s118

STATE OF NORTH CAROLINA IN THE OFFICE OF ADMINISTRATIVE HEARINGS COUNTY OF FORSYTH 02 DHR 0543

Wayne Douglas Temples ) Petitioner ) ) vs. ) ) DECISION N. C. Department of Health and Human ) Services, N. C. Office of Emergency ) Medical Services ) Respondent )

This matter was heard before Fred G. Morrison Jr., Senior Administrative Law Judge, on July 22, 2002, in High Point, North Carolina.

APPEARANCES Pro se Petitioner 353 Macy Grove Road Kernersville, NC 27284

June S. Ferrell Assistant Attorney General, North Carolina Department of Justice PO Box 629 Raleigh, NC 27602 Counsel for Respondent

Whether Respondent has sufficient grounds to revoke Petitioner’s EMT Credential.

APPLICABLE STATUTES AND RULES N.C. GEN. STAT. § 131E-159 N.C. GEN. STAT. § 150B-23 10 NCAC 3D .1401

EXHIBITS

The following exhibits were admitted into evidence:

1. Petitioner’s Exhibit #1 Petitioner’s Criminal Record for Forsyth County 2. Respondent’s Exhibit #1 Certification Application of Petitioner, dated December 12, 2000 3. Respondent’s Exhibit #2 Certification Application of Petitioner, dated April 28, 2001 4. Respondent’s Exhibit #3 OEMS Letter to Petitioner, dated May 22, 2001 5. Respondent’s Exhibit #4 Letter to Respondent from Petitioner, dated May 24, 2001 6. Respondent’s Exhibit #5 Letter to Respondent from Mark Holt, dated May 24, 2001 7. Respondent’s Exhibit #6 Letter to Respondent from Lew Stringer, dated May 29, 2001 8. Respondent’s Exhibit #7 Criminal Record Check from Forsyth County as submitted by Petitioner to Respondent 9. Respondent’s Exhibit #8 Criminal Record Check from Guilford County, dated August 23, 2001 10. Respondent’s Exhibit #9 Criminal Record Check from Forsyth County, dated May 8, 2001 11. Respondent’s Exhibit #10 Letter received by OEMS from Allen Gentry, dated June 13, 2001 12. Respondent’s Exhibit #11 Letter received by OEMS from Connie Porter, dated June 13, 2001 13. Respondent’s Exhibit #12 Criminal Record Check from Guilford County, dated June 28, 2001 14. Respondent’s Exhibit #13 Letter to Respondent from Lew Stringer, dated July 3, 2001 15. Respondent’s Exhibit #14 Notice of Intent to Revoke EMT Certification of Petitioner, dated January 22, 2002 16. Respondent’s Exhibit #15 Letter to Respondent from Petitioner, dated January 28, 2001 17. Respondent’s Exhibit #16 Letter to Respondent from Douglas R. Temples, dated February 7, 2002 18. Respondent’s Exhibit #17 Criminal Record Check from Guilford County, dated February 6, 2002 19. Respondent’s Exhibit #18 OEMS Letter to Petitioner, dated March 25, 2002 20. Respondent’s Exhibit #19 Information submitted to Respondent by Petitioner 21. Respondent’s Exhibit #20 OEMS Complaint Investigation of Petitioner, dated July 18, 2001

Based upon the documents filed in this matter, exhibits admitted into evidence, and the sworn testimony of the witnesses, the undersigned makes the following:

FINDINGS OF FACT

1. At all times relevant to this matter, Petitioner held an EMT Credential from Respondent and was employed by the Kernersville Rescue Squad.

2. At all times relevant to this matter, Todd Baker was employed as a Regional Specialist with the Office of Emergency Medical Services (hereinafter “OEMS”). 3. At all times relevant to this matter, Allen Gentry was employed as an Assistant Sheriff with the Forsyth County Sheriff’s Office. 4. At all times relevant to this matter, Connie Porter was employed as an Assistant Clerk in the criminal division of the Forsyth County Clerk of Court’s Office.

5. At all times relevant to this matter, Drexdal Pratt was employed as the Chief of OEMS.

6. At all times relevant to this matter, Regina Crawford was employed with the OEMS.

7. OEMS received an anonymous complaint against Petitioner. The complainant alleged that Petitioner had failed to disclose to Respondent that he had been convicted of crimes.

8. June Mann, certification specialist with OEMS, contacted Petitioner by mail and requested that he submit information to address the complaint.

9. On behalf of OEMS, Ms. Crawford obtained a copy of Petitioner’s criminal record from Forsyth County, dated May 8, 2001.

10. Petitioner provided a letter of explanation, along with letters of support and a copy of his criminal record for Forsyth County (which was undated), to Ms. Mann.

11. Mr. Baker and Ms. Mann compared the criminal record submitted by Petitioner to the criminal record that Ms. Crawford had obtained from Forsyth County. In light of the discrepancies that existed between the criminal records, Mr. Baker was assigned to investigate the matter further. Ms. Crawford and Eddie Jordan were assigned to assist Mr. Baker in the investigation.

12. On June 28, 2001, Petitioner was interviewed by Mr. Baker, Ms. Crawford and Mr. Jordan. When Petitioner arrived at the interview, he provided a copy of his criminal record for Guilford County to the investigative team. Petitioner did not provide them a copy of his criminal record from Forsyth County.

13. During the interview, Mr. Baker informed Petitioner that OEMS was concerned about the authenticity of the criminal record which he had submitted to OEMS. Initially, Petitioner stated that he did not have any criminal convictions. Then Mr. Baker provided Petitioner with the criminal record check which had been obtained by Ms. Crawford. Petitioner responded by informing the investigative team that he thought that he was required to only disclose felony convictions.

14. Mr. Baker asked Petitioner why he left the applicant statement blank on both applications. Petitioner stated that Mr. Pratt had informed him that he did not need to list any convictions on the applications.

15. When Petitioner was confronted with the letter from Ms. Porter, Petitioner stated that his criminal record should have been expunged and that he had hired a lawyer, William Payne, to handle the expungement. Petitioner further stated that Mr. Payne no longer practiced law in Winston-Salem. The investigative team was unable to verify the existence of a lawyer known by the name, William Payne. Ms. Porter testified that she had never heard of William Payne during her 18 years with the criminal division of the Forsyth County Clerk of Court’s Office.

16. Petitioner denied that he had told Mr. Baker that his attorney’s name was William Payne. Petitioner further testified that he did not remember his attorney’s name and that his attorney was deceased.

17. Petitioner testified that he had written “on file” on his EMT application dated December 12, 2000.

18. Petitioner testified that he had written “on file” on his EMT application dated April 28, 2001.

19. During the June 28, 2002 interview, Petitioner never informed Mr. Baker that he had written “on file” on either the December 12, 2000 or the June 28, 2001 EMT applications.

20. An examination of both the December 12, 2000 and the June 28, 2001 EMT applications reveals that the words “on file” were never written on either of the applications.

21. Prior to the filing of the December 12, 2000 and April 28, 2001 EMT applications with Respondent, Petitioner had been convicted of two non-traffic crimes. Petitioner did not disclose these convictions on either of the above-referenced EMT applications that he submitted to OEMS.

22. Mr. Gentry was a credible witness. He had no interest in the case and his testimony was consistent with his prior statement.

23. Ms. Porter was a credible witness. She had no interest in the case and her testimony was consistent with her prior statement.

24. Petitioner was not a credible witness. His testimony was inconsistent with his prior statement.

25. By letter, sent via certified mail, on March 25, 2002, Respondent notified Petitioner that the Department intended to revoke his EMT Credential.

Based upon the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the following: CONCLUSIONS OF LAW

1. The Office of Administrative Hearings has jurisdiction over the parties and the subject matter pursuant to Chapters 131E and 150B of the North Carolina General Statutes.

2. All parties have been correctly designated and there is no question as to misjoinder or nonjoinder.

3. The North Carolina Department of Health and Human Services, Division of Facility Services, Office of Emergency Medial Services is authorized by N.C. Gen. Stat. § 131E- 159 to credential (formerly “certify”) emergency medical personnel in the State of North Carolina and to revoke said credentials.

4. Prior to December 12, 2000, Petitioner had been convicted of two crimes which he failed to disclose on his December 12, 2000 EMT application.

5. Petitioner submitted an EMT application to Respondent, dated December 12, 2000. In the application, Petitioner falsely represented that he had not been convicted of any crimes.

6. Prior to April 28, 2001, Petitioner had been convicted of two crimes which he failed to disclose on his April 28, 2001 EMT application.

7. Petitioner submitted an EMT application to Respondent, dated April 28, 2001. In the application, Petitioner falsely represented that he had not been convicted of any crimes.

8. Respondent did not err in revoking Petitioner’s EMT Credential based upon the false representation made by Petitioner in his December 12, 2000 EMT application.

9. Respondent did not err in revoking Petitioner’s EMT Credential based upon the false representation made by Petitioner in his April 28, 2001 EMT application.

DECISION

That the North Carolina Department of Health and Human Services, Division of Facility Services, Office of Emergency Medical Services, did not err when it notified Petitioner of its intent to revoke Petitioner’s EMT Credential.

It is hereby ordered that the agency serve a copy of the FINAL DECISION on the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, in accordance with N.C. Gen. Stat. § 150B-36(b).

NOTICE The Agency making the FINAL DECISION in this contested case is required to give each party an opportunity to file exceptions to this decision and to present written arguments to those in the agency who will make the final decisions. N.C. Gen. Stat. § 150-36(a).

The Agency is required by N.C. Gen. Stat. § 150B-36(b) to serve a copy of the FINAL DECISION on all parties and to furnish a copy to the parties' attorney of record and to the Office of Administrative Hearings.

The agency that will make the FINAL DECISION in this contested case is the North Carolina Department of Health and Human Services, Division of Facility Services.

This the 9th day of October, 2002.

______Fred G. Morrison Jr. Senior Administrative Law Judge