STATE OF TENNESSEE BEFORE THE TENNESSEE BOARD OF FUNERAL DIRECTORS AND ENIBALMERS Docket No. 12.21-155427A Complaint No. FUN-RBS-2017059021 IN THE MATTER OF: Signature Funeral Home by Premier 5270 Knight Arnold Rd. f4: Memphis, TN 33113 :5 ES FUN-RBS-2017068431 5:3 33 AND FUN-RBS-2017068451 32? \o FUN-RBS-2017068471 91 3, Roland Lee Gosey FUN-RBS-2017069881 U, 3 Po. Box 325 FUN-RBS-2017069901 5: 9? FUN-RBS-2017069921 AR 71923 FINAL ORDER This matter came to be heard on March 12, 2019, before the Tennessee Board of Funeral Directors and Embalmers (hereinafter ?Board?) sitting with Judge Leonard Pogue assigned by the Tennessee Secretary of State, in Room 13 of the Davy Crockett Tower, 500 James Robertson Parkway, Nashville, Tennessee 37243. Ashley Geno and Chenelle Hooper, attorneys for the Department of Commerce and Insurance, Of?ce of Legal Counsel, (hereina?er ?Counse1?) represented the State of Tennessee (hereina?er ?State? or ?Department?). Respondents did not appear. Counsel for the Petitioners in this matter moved for a default judgment. After consideration, the Board voted to grant the defaultjudgment. Counsel for the Petitioners proceeded with presenting the proof in this matter at approximately 10:15 am. At the conclusion of the hearing, the Board voted to adopt the following findings of fact and conclusions of law. The Board further voted to grant the following judgement based upon the ?ndings of fact and conclusions of law it adopted. FINDINGS OF FACT Mr. Roland Lee Gosey was the owner and manager of Signature Funeral Home by Premier at all times relevant to these complaints. Mr. Bevis Bell (hereinafter ?Mr. Bell?) has not held an active license or registration with the State Board of Funeral Directors and Embalmers since 2000. Deceased: Zenieth Smiley Alma . Zenieth Smiley Almo (hereinafter ?Ms. Almo?) died on August 25, 2017- . On or about August 26, 2017, Ms. Shaquita Young (hereinafter ?Ms. Young?) and several others, including her brother Terran Ellis (hereinafter ?Mr. Ellis?), met at the funeral home to obtain a quote for services. Mr. Bell conducted the meeting alone and discussed funeral plans with the family. Ms. Young and Mr. Ellis were asked by Mr. Bell to sign a form in order to be provided with a quote. Both allege they were deceived by Mr. Bell regarding the purpose of this form. Neither Ms. Young or Mr. Ellis realized that executing the form would authorize the release of their mother?s remains and believed its sole purpose would be to enable Mr. Bell to provide a quote for the total expenses. . On or about August 28, 2017, Ms. Young and Mr. Ellis discovered Signature Funeral Home was in possession of their mother?s remains, which upset them. Signature Funeral Home provided a quote to the family of over eight thousand dollars After consulting with one another, Ms. Young and Mr. Ellis decided to obtain a quote from another funeral establishment. R-S. Lewis and Sons Funeral Home provided a quote that was much cheaper, so the two decided to transfer Ms. Almo?s remains. Upon informing Signature Funeral Final Order- SFH by Premier and Roland Gosey Case Numbers: 2017059021, 2017059341, 2017059471, 2017068431, 2017068451, 2017068471, 2017069831, 2017069901, AND 2017069921. Page 2 of 12 Home that they wished to have Ms. Almo?s remains transferred to another establishment, they were informed by Bevis Bell that her remains would not be released until the amount of one thousand seventy??ve dollars was paid to Signature Funeral Home. 7. The following day, Bevis Bell indicated that the remains would not be released until the amount of two thousand one hundred seventy??ve dollars was paid to Signature Funeral Home. In addition to fees for removal and embalming, there were consultation and storage fees incorporated into this amount. 8. Employees of RS. Lewis and Sons Funeral Home subsequently called Signature Funeral Home to attempt to negotiate the release of Ms. Almo?s remains in exchange for the reasonable charges of removal and embalming. Signature Funeral Home refused to negotiate and maintained that two thousand one hundred seventy??ve dollars was owed prior to release. 9. On or about September 5, 2017, members of the family went to Signature Funeral Home along with the Memphis Police Department, news media, and two employees of RS. Lewis and Sons Funeral Home to demand the release of Ms. Almo?s remains. Signature Funeral Home did not release the remains until the amount of two thousand one hundred seventy-five dollars was paid. Signature Funeral Home never provided the family with an itemized list to explain these charges. In addition, no statement of goods and services contract was ever executed. 10. After taking possession of Ms. Almo?s remains, the employees of RS. LeWis and Sons Funeral Home noticed that Ms. Almo?s body was in poor condition from the embalming and contacted Signature Funeral Home to obtain information regarding who conducted the embalming. Signature Funeral Home re?rsed to provide any information at that time. Final Order? SFH by Premier and Roland Gosey Case Numbers: 2017059021, 2017059341, 2017059471 . 2017068431, 2017068451, 2017068471, 2017069881, 2017069901, AND 2017069921. Page 3 of 12 11. At no time was the manager or a licensed funeral director present at Signature Funeral Home for any of the dealings the family had with the establishment involving Ms. Almo?s remains. l2. The family never had dealings with anyone other than Bevis Bell at Signature Funeral Home up until the date of release of Ms. Almo?s remains to RS. Lewis and Sons Funeral Home. On that day, Mr. Roland Gosey was contacted by phone and indicated that Ms. Almo?s remains would not be released until all fees quoted by Bevis Bell were paid. 13. Mr. Roland Gosey is the only manager and licensed funeral director listed for this establishment. Mr. Gosey is also listed as the owner/managing funeral director/embalmer for Williams Funeral Home located in Arkadelphia, Arkansas. 14. Mr. Bell gave the impression that he was a funeral director and conducted himself in an unprofessional, rude, and hostile manner. 15. Mr. Bell executed the ?Statement of Death by Funeral Director? form by signing his name in the section entitled ?Signature Of Funeral Director Or Authorized Representative?. 16. On the most recent Establishment Inspection Report dated August 8, 2017, the contact person during the inspection is listed as Bevis Bell and the establishment e-mail address is listed as bevisbell44@gmail.com. l7. Ms. Young ?led a complaint with the Board on September 4, 2017, regarding the events surrounding Ms. Almo?s remains. Ms. quuawenlyn Dukes, niece of Ms. Almo, ?led a complaint alleging similar facts on September 5, 2017. Deceased: Terry Hayes 18. Terry Hayes died on August 23, 20l7. I9. Wolfe Brothers Funeral Home obtained the body because it provides coroner services in the area where Terry Hayes? remains were located. Final Order? SF by Premier and Roland Gosey Case Numbers: 2017059021, 2017059341, 2017059471, 2017068431, 2017068451, 2017068471, 2017069881, 2017069901, AND 201706992l. Page 4 of 12 20. A family member other than Daterrius Hayes, daughter of the deceased, verbally authorized the release of Terry Hayes? remains to Signature Funeral Home. 21. Daterrius Hayes did not learn Signature Funeral Home had possession of her mother?s remains until she received a phone call from Mr. Bell. Following the phone call, Mr. Bell visited Daterrius Hayes at her home later that day with?Daterrius Hayes? consent. At that time, Mr. Bell asked her to sign an authorization to release, which she signed. They also set up a time for a consultation. 22. A few days later, Daterrius Hayes and her aunt Vickie Hayes visited Signature Funeral Home. The two met with Mr. Bell who attempted to make the contractual arrangements for the funeral goods and services. Some of Mr. Bell?s conduct included things such as showing them a casket and quoting prices. Mr. Bell refused to provide the two with a price list. 23. Daterrius Hayes, Vickie Hayes, and Mr. Bell were the only individuals present for the arrangement conference that day. The only other person at the establishment at the time of their meeting was a secretary. 24. A few days later, Daterrius Hayes went back to the establishment with another individual and met exclusively with Mr. Bell again to discuss prices, but the prices changed again. 25. A few days later, Daterrius Hayes went back to the establishment for a third time with another individual and met exclusively with Mr. Bell again. After another dispute about the ?nal price of the funeral goods and services, Daterrius Hayes decided she did not want to proceed with Signature Funeral Home and did not sign the contract. 26. On or about September 6, 2017, the family, Memphis Police Department, employees of R. Bernard Funeral Home, and the news media went to the establishment because the family Final Order- SFH by Premier and Roland Gosey Case Numbers: 2017059021, 2017059341, 2017059471, 2017068431, 2017068451, 2017068471, 2017069881, 2017069901, AND 2017069921. Page 5 of 12 decided it wanted to have the remains of Terry Hayes transferred to R. Bernard Funeral Home. 27. Signature Funeral Home refused to release the body until payment was made for the removal and embalming. 28. Signature Funeral Home eventually agreed to lower the balance owed and Daterrius Hayes paid nine hundred dollars ($900.00) to have her mother?s remains released. 29. Mr. Bell made at least two trips to Daterrius Hayes? hOme, and he met with her and others On at least three separate occasions at the establishment in an attempt to reach a contractual agreement regarding funeral goods and services. 30. There was not a licensed funeral director with Mr. Bell when he visited Daterrius Hayes? home. In addition, there was not a licensed funeral directOr at the establishment on any of the occasions that Daterrius Hayes was there to make arrangements for her mother. 3 I. Mr. Roland Gosey is the only manager and licensed funeral director listed for this establishment. Mr. Gosey is also listed as the owner/managing funeral director/embalmer for Williams Funeral Home located in Arkadelphia, Arkansas. 32. Mr. Bell gave the impression that he was a funeral director. 33. On the most recent Establishment Inspection Report dated August 8, 2017, the contact person during the inspection is listed as Bevis Bell and the establishment e-mail address is listed as bevisbell44@gmai Loom. 34. Daterrius Hayes ?led a complaint with the Board on September 5, 2017, related to the events surrounding her mother?s remains. Final Order? SFH by Premier and Roland Gosey Case Numbers: 2017059021, 2017059341, 2017059471, 2017068431, 2017068451, 2017068471, 2017069881, 201706990 I, AND 2017069921. Page 6 of 12