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New Mexico Regulation and Licensing Department BOARDS AND COMMISSIONS DIVISION New Mexico Board of Funeral Services Toney Anaya Building ▪ 2550 Cerrillos Road ▪ Santa Fe, New Mexico 87505 (505) 476-4970 ▪ Fax (505) 476-4665 ▪ www.rld.state.nm.us

Regular Board Meeting Regulation and Licensing Department 2550 Cerrillos Road Santa Fe, New Mexico November 19, 2012 9:00 a.m.

MEMBERS PRESENT: Sam Baca, Professional Member, Chairman Brad Brane, Professional Member Charles Moon, Public Member

BOARD STAFF: Roberta Perea, Board Administrator Samantha Sandoval, Licensing Clerk Cynthia Graystone, Compliance Officer Sean Cunniff, Assistant Attorney General

1. CALL TO ORDER AND ROLL CALL Chair Baca called the meeting to order at 9:02 a.m. Roll call was taken and it was determined that a quorum was present.

2. APPROVAL OF AGENDA Mr. Brane MOVED that the agenda be approved with the amendment to add Christopher Trujillo #FSI1795 to ratification of new licenses under section FSI Direct – Arranging/Directing. Mr. Moon SECONDED the motion. The motion was PASSED by a unanimous vote.

3. APPROVAL OF AUGUST 29, 2012 REGULAR BOARD MEETING Mr. Brane MOVED to adopt the August 29, 2012 regular board meeting minutes with the following amendments; a. That item 3, second paragraph read: – Mr. Brane MOVED to adopt the transcription of the July 2, 2012 rule hearing as the minutes of the July 2, 2012 rule hearing; and,

b. That item 5, first paragraph read -Mr. Moon MOVED that the meeting be closed and that the Board enter into Executive Session for deliberations in connection with an administrative adjudicatory proceeding, specifically the items listed on the agenda, with the authority for closure being § 10-15-1(H)(3) .

Mr. Moon SECONDED the motion. The motion PASSED by unanimous vote.

4. NEW BUSINESS Ratification of new licenses: Mr. Moon MOVED to ratify new licensees. Mr. Brane SECONDED the motion. The motion PASSED by unanimous decision. The following licenses were ratified by the Board: Funeral Service Practitioner Wilhelmina Sims #FSP945 Billy Vallie #FSP943 New Mexico Board of Funeral Services August 29, 2012 FSI General – Preparation/Embalming Robert Archuleta #FSI1802 – Berardinelli Family Funeral Service Norbert Baldonado #FSI1818–Daniels Family Funeral Services (Alameda Mortuary) Carlos Rivero #FSI1814 – Steed-Todd Funeral Home, Inc.

FSI Direct – Arranging/Directing Jamie Aguilera #FSI1788 – Getz Funeral Home, Inc. Rodney Eakin #FSI1793 – Ballard Funeral Home & Crematory David Henry #FSI1793 – Silver Creek Mortuary Teri Henry #FSI1794 – Silver Creek Mortuary Lacyn Jordan #FSI1817 – Brewer, Lee & Larkin Funeral Home & Crematory Karen Roldan #FSI1803 – Ballard Funeral Home & Crematory Stephanie Silversmith #FSI1790 – French Morturary (University) Reagan Southard #FSI1812 – Steed-Todd Funeral Home, Inc. Mark Vigil #FSI1801 – DeVargas Funeral Home & Crematory Christopher Trujillo #FSI1795 – NM Mortuary Service/Riverside Funeral Home

FSI Direct – Preparation/Embalming Jamie Aguilera #FSI1789 – Getz Funeral Home, Inc. Chad Cleerdin #FSI1792 – French Mortuary (University) Lacyn Jordan #FSI1816 – Brewer, Lee & Larkin Funeral Home & Crematory Mildred Plato #FSI1806 – Ballard Funeral Home Reagan Southard #FSI1812 – Steed - Todd Funeral Home, Inc. Christopher Trujillo #FSI1796 – NM Mortuary Service/Riverside Funeral Home Karen Roldan #FSI1804 – Ballard Funeral Home & Crematory

FSI General – Arranging/Directing Rosalie Maez #FSI1809 – Alternative Choice Carlos Rivero #FSI1813 – Steed –Todd Funeral Home, Inc. Emelly Torres #FSI1815 – NM Mortuary Service/ Riverside Funeral Home

5. EXECUTIVE SESSION – Mr. Brane MOVED that the Board enter into executive session pursuant to NMSA 1978 sections 10-15- 1(H)(1)(3) and (7) to discuss the matters pertaining to issuance, suspension, renewal, revocation of licenses to conduct deliberation in connection with an administrative adjudicatory proceeding; and to consult with board counsel regarding litigation pending against the board.

Mr. Moon SECONDED the motion. The motion PASSED by unanimous vote. A roll call vote was taken: Sam Baca, Professional Member, Chairman – Yes; Brad Brane, Professional Member - Yes Charles Moon, Public Member – Yes

At 9:15 a.m. the Board entered into closed session and the recorder was turned off.

Chair Baca called the New Mexico Board of Funeral Practices back into open session at 10:09 a.m. Pursuant to §10-15-1(J) of the Open Meetings Act, Chair Baca indicated that the matters discussed in the closed meeting were limited only to the items listed on the agenda.

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Page 2 of 3 New Mexico Board of Funeral Services August 29, 2012

6. BOARD ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION (Items Listed on Agenda)

A. Case No. 12-08-01 –Mr. Brane MOVED to dismiss this case. Mr. Moon SECONDED the motion. The motion PASSED by unanimous vote.

B. Case No. 12-09-01 – Mr. Brane MOVED to dismiss this case. Mr. Moon SECONDED the motion. The motion PASSED by unanimous vote.

C. Case No. 11-06-01, 11-06-02, 11-06-03, 11-05-02 – Mr. Moon MOVED to reject and decline all settlements offered in, these cases Angel Valley Funeral Home Mr. Anthony Garcia and Mr. Danilo Gaton. Mr. Brane SECONDED the motion. The motion PASSED by unanimous vote.

8. PUBLIC COMMENT Billy Rodgers with Gonzales Funeral Home in Las Vegas – Mr. Rodgers had a complaint that he does not receive a board meeting agenda with the board meeting notices. Board counsel and board staff informed Mr. Rodgers that the board is not in violation of the Open Meetings Act, as the board agenda is always available 24 hours in advance before the board meeting and he is welcome to contact the board office for a copy. Mr. Rodgers was further informed that the Board can consider changes to its noticing practices when it considers an Open Meetings Resolution in 2013.

Mr. Rodgers wants to know why no board members have been appointed to the board. The board informed Mr. Rodgers that this comes from the governor’s office.

Mr. Rodgers also wants to know if the new statutes and rules are up and ready. The board informed Mr. Rodgers that the rules are ready and up if he would like a copy he can get one from the board office or he can print one off of the website.

9. ADJOURN – The regularly scheduled meeting of the Board of Funeral Services was adjourned at 10:25 a.m.

RESPECTFULLY SUBMITTED:

______ROBERTA PEREA, BOARD ADMINISTRATOR

APPROVED BY:

______SAM BACA, CHAIRMAN

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Page 3 of 3