COMMONWEALTH OF MASSACHUSETTS SUFFOLK COUNTY BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING

____________________________________ ) In the Matter of ) Karol Drozdal ) License No. EM-5493-3 ) Establishment Certificates 39 and 515 ) ____________________________________) Docket Nos. EM-11-023 EM-11-027 EM-11-028 EM-11-034 EM-11-035

ORDER TO SHOW CAUSE Karol Drozdal (you or Respondent), you are hereby ordered to appear and show cause why the Massachusetts Board of Registration in Embalming and Funeral Directing (Board) should not suspend, revoke or otherwise take action against your license to practice as a funeral director and embalmer, License No. EM-5493-3, and / or your licenses to operate funeral establishments (License Nos. FE 39 and FE 515) pursuant to Massachusetts General Laws (G.L.) chapter 112, sections 61 and 84A, and board regulations located at section 239 of the Code of Massachusetts Regulations (CMR), based upon the following facts and allegations: 1. The Board has issued to you a license to practice as a funeral director and embalmer in the Commonwealth of Massachusetts, License No. EM-5493-3. The Board has issued to you an establishment certificate to operate a funeral establishment known as Drozdal Funeral Home, which is located at 120 Damon Road in Northampton, Massachusetts (hereinafter the Northampton funeral home). The Board has issued to you an establishment certificate to operate a funeral establishment known as Drozdal Funeral Home, which is located at 29 Elm Street in South Deerfield, Massachusetts (hereinafter the South Deerfield funeral home).

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EM-11-023 4. On or about November 8, 2010, the Town of Deerfield notified you in writing that the Inspections Department revoked the occupancy permit for the South Deerfield funeral establishment due to your failure to obtain an annual inspection. You were further informed that further use of the South Deerfield funeral home would be in violation of the law. On at least four occasions, including, but not limited to: on January 18, 2011; January 19, 2011; and February 15, 2011; you held funeral services at the South Deerfield Funeral

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Home without a valid occupancy permit from the Town of Deerfield Inspections Department. 6. Until approximately June 2011, you owed approximately $43,000.00 in unpaid taxes to the City of Northampton, Massachusetts. As a result of the unpaid taxes referenced in Paragraph 6, above, on approximately May 19, 2011, the City of Northampton failed to renew your individual funeral directors license issued pursuant to the authority set forth in G.L. c. 114, 49. Said license expired on or about May 1, 2011. You received written notification of this decision on approximately May 20, 2011. You do not possess a valid individual funeral directors license issued by any other municipality in the Commonwealth of Massachusetts. On approximately six (6) occasions after May 1, 2011, you held funeral services at the Northampton Funeral Home without a valid individual funeral directors license issued pursuant to G.L. c. 114, 49. On or about May 23, 2011, the Town of Hadley issued burial permit no. 21-11 to you for the interment of decedent E.G. On or about June 6, 2011, you utilized burial permit no. 21-11 to cremate decedent R.B. You or someone acting on your behalf altered information contained within the permit for E.G. and forged the name of Town of Hadley Town Clerk Jessica Spanknebal to said burial permit. On or about June 10, 2011, Ms. Spanknebal filed a report with the Hadley Police Department in which she alleged that you had forged an official document. On or about June 9, 2011, the City of Northampton Board of Health ordered you in writing to cease and desist operating as a funeral director. On at least two occasions following your receipt of the cease and desist order referenced in Paragraph 12, above, you held funeral services at the Northampton funeral home. On or about February 25, 2011, Acting Assistant Chief Investigator John Bresnahan inspected the pre-need funeral contracts for both the South Deerfield and Northampton funeral homes. You failed to place funds you acquired through the initiation of approximately twelve (12) pre-need funeral contracts between consumers and the South Deerfield and / or Northampton funeral homes with an entity in conformance with the relevant Board regulations. You failed to bring all pre-need funeral contracts established prior to January 1, 2004 into compliance with the record-keeping requirements established by the Board by June 30, 2004. 2

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In approximately September of 2004, you entered into a pre-need funeral contract with M.M and received approximately three thousand and fifteen dollars ($3,015.00). On or about October 25, 2008, you entered into a pre-need funeral contract with F.D. and received approximately seven thousand eight hundred and fifty-two dollars ($7,852.00). In a letter dated March 18, 2011 you acknowledged that the funds acquired through the initiation of pre-need funeral contracts with consumers F.D. and M.M. were deposited into your business account. To date, you have not replaced said funds.

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EM-11-027 20. On or about September 25, 2010, you entered into a pre-need funeral contract with C.P. and received approximately six thousand two hundred and seventy dollars ($6,270.00). The pre-need funeral contract referenced in Paragraph 20, above, states that said funds shall be placed with the Cooperative Funeral Fund, Incorporated. The May 2011 Cooperative Funeral Fund statement for the Drozdal Funeral Home does not list these funds.

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EM-11-028 23. On or about September 25, 2010, you entered into a pre-need funeral contract with K.P. and received approximately six thousand two hundred and seventy dollars ($6,270.00). The pre-need funeral contract referenced in Paragraph 23, above, states that said funds shall be placed with the Cooperative Funeral Fund, Incorporated. The May 2011 Cooperative Funeral Fund statement for the Drozdal Funeral Home does not list these funds.

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EM-11-034 26. On or about April 24, 2009, you entered into a pre-need funeral contract with C.B. and received approximately nine thousand five hundred and fifty dollars ($9,550.00). The pre-need funeral contract referenced in Paragraph 26, above, states that said funds shall be placed with the Cooperative Funeral Fund, Incorporated. The May 2011 Cooperative Funeral Fund statement for the Drozdal Funeral Home does not list these funds.

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EM-11-035

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On or about March 5, 2001, you entered into a pre-need funeral contract with H.P. and received approximately five thousand four hundred and twenty-one dollars ($5,421.00). The pre-need funeral contract referenced in Paragraph 29, above, states that said funds shall be placed with the Cooperative Funeral Fund, Incorporated. The May 2011 Cooperative Funeral Fund statement for the Drozdal Funeral Home does not list these funds.

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Your conduct, as set forth in Paragraphs 6 through 13, violates G.L. c. 114, 49 for operating as a funeral director without a license issued by the Board of Health of a town. Your conduct, as set forth in Paragraphs 4 through 31, violates G.L. c. 112, 61 (1) and 84 (a) for misrepresentation or fraud in the conduct of the profession. Your conduct, as set forth in Paragraphs 4 through 31, violates G.L. c. 112, 61 (3) and 84 (j) for violating any rule or regulation promulgated by the Board. Your conduct, as set forth in Paragraphs 4 through 13, violates G.L. c. 112, 84 (k) and Board regulations at 239 CMR 3.13 (25) for violating any state or municipal law or ordinance affecting the handling, custody, care, or transportation of dead human bodies. Your conduct, as set forth in Paragraphs 9 through 11, violates G.L. c. 112, 84 (o) for failing to secure a permit for the removal or burial of a dead human body prior to interment or disposal. Your conduct, as set forth in Paragraphs 4 through 31, violates G.L. c. 112, 61 (1) for gross misconduct in the practice of the profession. Your conduct, as set forth in Paragraphs 4 through 31, violates G.L. c. 112, 61 (5) for dishonesty, fraud, or deceit which is reasonably related to the practice of the profession. Your conduct, as set forth in Paragraphs 17 through 31, violates 239 CMR 4.08 (1) for using or pledging any funds which are received in connection with any pre-need funeral contract for your personal use, payment of the operating expenses of any funeral establishment, issuance of a loan to any person, as collateral for any loan, or for any purpose other than those expressly authorized by that pre-need funeral contract and 239 CMR 4.00. Your conduct, as set forth in Paragraphs 15 through 31, violates 239 CMR 4.08 (2)(a) and 4.09 (2) for failing to deposit all funds received in connection with any pre-need 4

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funeral contract in a funeral trust account which satisfies the requirements set forth in 239 CMR 4.09. 41. Your conduct, as set forth in Paragraphs 15 and 16, violates 239 CMR 4.14 for failing to bring any and all pre-need funeral contracts established prior to January 1, 2004 into compliance with the record-keeping requirements of 239 CMR 4.12 Your conduct also constitutes unprofessional conduct and conduct which undermines public confidence in the integrity of the funeral services profession. Kvitka v. Board of Registration in Medicine, 407 Mass. 140, cert. denied, 498 U.S. 823 (1990); Raymond v. Board of Registration in Medicine, 387 Mass. 708, 713 (1982). **** You have a right to an adjudicatory hearing (hearing) on the allegations contained in the Order to Show Cause before the Board acts to suspend, revoke, or impose other discipline against your license. G.L. ch. 112, 61, 84A. Your right to a hearing may be claimed by submitting a written request for a hearing within twenty-one (21) days of receipt of this Order to Show Cause. You must also submit an Answer to this Order to Show Cause in accordance with 801 CMR 1.01(6)(d) within twenty-one (21) days of receipt of this Order to Show Cause. The Board will give you prior written notice of the time and place of the hearing following receipt of a written request for a hearing. Hearings shall be conducted in accordance with the State Administrative Procedure Act, G.L. ch. 30A, 10 and 11, and the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.01 and 1.03, under which you are granted certain rights including, but not limited to, the rights: to a hearing, to secure legal counsel or another representative to represent your interests, to call and examine witnesses, to cross-examine witnesses who testify against you, to testify on your own behalf, to introduce evidence, and to make arguments in support of your position. The Board will make an audio recording of any hearing conducted in the captioned matter. In the event that you wish to appeal a final decision of the Board, it is incumbent on you to supply a reviewing court with a proper record of the proceeding, which may include a written transcript. New Bedford Gas and Light Co. v. Board of Assessors of Dartmouth, 368 Mass. 745, 749-750 (1975). If you wish to provide for a written transcript, you must arrange for, and bear the cost of, a stenographers presence at any hearing; and if a written transcript is prepared at your request, then said transcript shall also be provided to the Board, at your expense, for inclusion in the record. G.L. ch. 30A, 11(6); 801 CMR 1.01(10)(k); 801 CMR 1.01(10)(i). Your failure to submit a written request for a hearing within 21 days of receipt of this Order to Show Cause shall constitute a waiver of the right to a hearing on the allegations herein and on any Board disciplinary action. Your failure to submit an Answer to the Order to Show Cause within 21 days of receipt of the Order to Show Cause shall result in the entry of default in the captioned matter. If you are defaulted, the Board may enter a Final Decision and Order that 5

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assumes the truth of the allegations in this Order to Show Cause, and may revoke, suspend, or take other disciplinary action against your license to practice in the Commonwealth of Massachusetts, including any right to renew your license. Any written request for a hearing and your Answer to the Order to Show Cause, as well as all future pleadings related to the captioned matter, shall be submitted for filing to: Administrative Hearings Counsel Division of Professional Licensure 1000 Washington Street, Suite 710 Boston, MA 02118 A copy of any written request for a hearing and a copy of your Answer, as well as copies of all future pleadings related to the captioned matter, shall be provided to Prosecuting Counsel. Prosecuting Counsel for this matter is: Jessica Uhing-Luedde, Esq. Division of Professional Licensure Office of Prosecutions 1000 Washington Street, Suite 710 Boston, MA 02118 You or your representative may examine Board records relative to this case prior to the date of the hearing during regular business hours at the office of the Prosecuting Counsel. If you elect to undertake such an examination, then please contact Prosecuting Counsel in advance at (617) 727-9717 to schedule a time that is mutually convenient. BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

______________________________ Kim Scully Associate Executive Director Date:

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