Fayetteville mayor candidate & his family biz facing state complaint,charges

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Mitch Colvin came out on top in Tuesday’s mayoral vote in Fayetteville, but things may not be looking so good for him with the North Carolina Board of Funeral Service.  (Colvin, mayor pro tem of Fayetteville and a funeral director by trade, made the cut Tuesday to face off with incumbent Nat Robertson in November.

We had the chance to see a consent order drawn up via The state Office of Administrative Hearings that dealt with a complaint against Colvin, his funeral director / manager Cody McCain, and their business Colvin Funeral Homes by The North Carolina Board of Funeral Service.

Here are the findings of fact listed in the document:

  1. Respondent Cody T. McCain (”McCain”) is licensed by the Board as Funeral Director No. 4071, holds a preneed sales license on behalf of Respondent Colvin Funeral Home & Crematory (”Colvin FH”), serves as the licensed manager of Colvin FH, and is subject to Chapter 90 of the North Carolina General Statutes; Title 21, Chapter 34 of the North Carolina Administrative Code; and the standards set forth in Funeral Industry Practices, 16 C.F.R. § 453 (1984). 
  2. Respondent Henry Colvin, (”Colvin”) is licensed by the Board as Funeral Service No. 1031, holds a preneed sales license on behalf  of Colvin FH, is President of the North   Carolina  corporation owning Colvin  FH, and is subject   to Chapter 90 of the North Carolina General Statutes; Title 21, Chapter 34 of the North Carolina Administrative Code;  and the standards   set  forth in Funeral Industry Practices, 16 C.F.R. § 453 (1984). 
  3. Respondent Colvin FH is licensed by the Board as Funeral Establishment 111 and Preneed Funeral Establishment No. 172, and is subject to Chapter 90 of the North Carolina General Statutes; Title 21, Chapter 34 of the North Carolina Administrative Code; and the standards set forth in Funeral Industry Practices, 16 C.F.R. § 453 (1984).
  1. On January 24, 2017, the Board’s inspector David Hall (”Inspector Hall”) conducted an examination of Colvin FH’s trust and insurance funded preneed contracts (”20 17 Examination”) pursuant to N.C. Gen. Stat. §§ 90-210.24 and 90-210.68.
  1. During the 2017 Examination , Inspector Hall determined that multiple preneed funeral contract files  specifying cremation were incomplete in that they                         did not specify the disposition of the subject cremated remains subsequent to the death.
  2. During the 2017 Examination, Inspector Hall determined that the trust-funded preneed contract files for two (2) preneed consumers could not be audited because the associated most recent bank statements were not available for review and inspection. 
  3. During the 2017 Examination, Inspector Hall determined that pay-out information relating to the performance of the preneed funeral contracts for two (2) preneed contract files was unavailable for the review and inspection. 
  4. During the 2017 Examination,  Inspector Hall determined that copies of at-need Statements of Funeral Goods and Services Selected, signed by  a licensed funeral director, for closed preneed contract files were unavailable for review and inspection. 
  5. During the 2017 Examination, Inspector Hall determined that copies of certificates of performance associated with certain closed  files were unavailable for review and inspection. 
  6. During the 2017 Examination, Inspector Hall determined that Respondents failed to file Certificates of Performance for multiple preneed contract beneficiaries. 
  7. During the 2017 Examination, Inspector Hall determined that in the closed  preneed contract file for one preneed contract file, final payout  at the time of death was not recorded   and  thus  unavailable  for   review   and   inspection,   making   it   impossible  to compute   the   formula   for   calculating   the   cash   advance   and   sales  tax   items   and subsequent possible refunds owed  to the beneficiary’s family.for review and  inspection, despite several requests by the Board  for the same. 
  8. Colvin FH’s Preneed Annual Report  for 2014 was not timely submitted to  the Board for review and inspection, despite  several  requests by  the Board for the same. 
  9. Colvin FH’s Preneed  Annual Report for 2015 was not timely submitted  to the Board for review and inspection, despite  several  requests by  the Board for the same. 
  10. Colvin FH ‘s Preneed Annual Report for 2016 was not timely submitted to the Board for review and inspection, despite several requests by the Board for the same.

(Sources confirm for us that “Henry” and “Mitch” are the same person.)

And here come THE ORDERS:

[…]

  1. The preneed funeral establishment permit, and all ancillary preneed sales licenses, of Colvin FH are hereby placed on probation for a period of two (2) years, to begin on the date this Consent Order is fully Throughout the duration of the probationary period, Respondents must respond to any Board correspondence within seven (7) business days of receipt. 
  2. The funeral service license of Colvin is hereby placed on probation for a period of two (2) years, to begin on the date this Consent Order is fully executed. 
  3. The funeral directing license of McCain is hereby placed on probation for a period of one ( 1)  year, to begin on the date this Consent 0rder is fully executed.
  1. Within ninety (90) days from the date this Consent Order is executed, the following conditions must be satisfied:
  • Respondents must correct, to the reasonable satisfaction of the Board and Board staff, all deficiencies identified in the 2017 Examination and preneed annual report correspondences (a copy of all outstanding deficiencies shall be provided by  the Board staff   to  Respondents   upon  execution    of this Consent Order);
  • Colvin and Colvin FH must pay any and all fees assessed as a result of the late filing of each  and every Certificate of Performance·
  • Colvin and Colvin FH must pay a compromise penalty of $1,500.00; and
  • At the conclusion of the ninety (90) day period, Colvin FH must submit to and pass, without substantial deficiency,   a  re-inspection  and a re-examination of its preneed contracts.

5. On or before December 31, 2018, each and every preneed sales licensee employed by Colvin FH shall provide proof to Board staff that he or she has successfully completed the sum of five (5) credit hours of continuing education courses, three (3) credit hours of which  shall be the preneed course taught   by Board  staff and sponsored by the Board.

  1. The Board   shall retain jurisdiction  under Article 3A, Chapter 150B for further proceedings under  this Consent Order.  If   the   Board    receives    evidence that Respondents committed  any   violation  of the Board’s laws  and  rules during their respective probationary  periods, or  if the  Board receives evidence that  a violation of this Consent Order has occurred, the Board may schedule  a show cause hearing for  a determination of the  violations.If the  Board  determines that  such violations have  occurred,  then   the  Board may impose  any  disciplinary action authorized  by Chapter 90 of the North Carolina General Statutes and may take any action it deems appropriate in the General Court of Justice to enforce this Order. […]