Evelyn Michel - (Preneed Seller)
|Licensee Name:||Evelyn Michel|
|Profession Name:||Preneed Seller|
|Address:||5930 Southwest Ave|
|City, State Zip:||Saint Louis, MO 63139|
|County:||St. Louis City|
|Practitioner DBA Name:||Howard H Michel Funeral Home|
|Original Issue Date:||12/18/2009|
|Conditions:||The parties agree and stipulate to the following findings of fact and conclusions of law: Parties and Licenses The Board is an agency of the State of Missouri created and established pursuant to Section 333.151, RSMo, and vested with the authority to execute and enforce the provisions of Chapter 333 and portions of Chapter 436, RSMo. Evelyn Michel is an individual who operates Howard H. Michel Funeral Home as a sole proprietorship and has registered her address with the Board at 6930 Southwest Avenue, St. Louis, Missouri 63139. Evelyn Michel operates in Missouri under the properly registered fictitious name of Howard H. Michel Funeral Home. Michel Funeral holds seller license number 2009038563. This license was current and active at all times relevant to this Settlement Agreement. Prior to August 28, 2009, Michel Funeral held seller registration number S00673. Evelyn M. Michel serves as the manager in charge for Michel Funeral's seller license. Conduct Giving Cause for Discipline The Board conducted a routine financial examination of Michel Funeral and the Board's examiner submitted her report to the Board on April 19, 2013 (the "Examination Report). As part of the financial examination, it was determined that the trust holding Michel Funeral's preneed funds was not a preneed trust with a bank as the trustee, but rather was a personal living trust with an individual as the trustee and that the preneed contracts did not list the institution where the funds were to be held. By letter dated July 2, 2013, the Board sent a copy of the Examination Report to the Licensee for response. By letter dated July 23, 2013, Licensee responded to the Examination Report. Kevin Michel responded on behalf of Licensee and explained that he had legal custody over the living trust that the business is held in and that he was attempting to take care of the family business and asked that the Board take no further action on this matter. By letter dated August 30, 2013, the Board reminded Licensee of its need to correct the deficiencies identified in the Examination Report and scheduled Licensee to meet with the Board on September 24, 2013. Licensee appeared before the Board on September 24, 2013 and discussed the deficiencies with the Board. By letter dated October 7, 2013, the Board asked that Licensee correct the deficiencies noted in the Examination Report within six months of October 7, 2013 and to provide the Board with monthly updates. Licensee responded to the Board's letter by letter dated October 15, 2013 in which Kevin Michel stated he would make a good faith effort to resolve the deficiencies. By letter dated November 27, 2013, Kevin Michel reported "No change in the situation at the Howard Michel F.H. for month of November." By letter dated January 28, 2014, Kevin Michel reported they had increased the pre-need fund to $660 of the required $7,175.00. By letter dated February 12, 2014, the board notified Licensee that it had not reported any efforts to place the preneed funds into a preneed trust or other statutorily authorized funding source. By letter dated March 6, 2014, Licensee reported they had contacted 2 banks about setting up a preneed trust, but were rejected due to only $660 available to open the trust. By letter dated March 25, 2014, the Board requested additional information from Licensee and also reminded them of the option of joint accounts as a possible vehicle for holding the preneed funds. By letter dated March 31, 2014, Kevin Michel responded that they had added $250 to the preneed account which would be enough to pay for the out of pocket expenses for one of the 2 outstanding preneed contracts. Licensee failed to correct the exceptions to its financial examination within the time allotted by the Board. To date, Licensee has reported to the Board that it has only $910 of the required $7,175 required to fund its existing 2 preneed contracts and those monies are not held in accordance with the provisions of Chapter 436, RSMo. Cause to Discipline Michel Funeral has failed to establish a preneed trust as required by Chapters 333 and 436, RSMo. Michel Funeral has failed to safeguard consumer funds paid to it for its preneed contracts. Michel Funeral has failed to establish a proper vehicle to hold the funds of its preneed consumers. The Board has cause to discipline Michel Funeral Funeral's establishment license pursuant to Section 333.330.2, (6), and (14), RSMo.|
|Conditions:||This license has been suspended by operation of law pursuant to Section 436.460.7, RSMo, which requires suspension of the preneed seller license for failure to file their annual report on or before its due date until such time as the annual report is filed and all applicable fees have been paid.|
Copies of documents relating to disciplinary actions taken by the board from July 1, 2006 to present may be accessed on the board's website at http://pr.mo.gov/embalmers-discipline.asp.
For specifics relating to disciplinary actions taken by the board prior to July 1, 2006, please contact the board office.