LARA Shuts Down Wm. R. Hamilton Co. - Groesbeck Chapel Funeral Home in Mount Clemens
Mortuary illegally continues to operate without state licensure
Media Contact: LARA Communications 517-373-9280
June 8, 2017 - The Department of Licensing and Regulatory Affairs (LARA) has summarily suspended the mortuary science establishment license of Wm. R. Hamilton Co. – Groesbeck Chapel, and the individual mortuary science license of its manager Philip Kirkwood Hamilton II. Formal complaints, Orders of Summary Suspension, and second Notices and Orders to Cease and Desist were issued by LARA’s Corporations, Securities & Commercial Licensing Bureau (CSCL). The funeral home is located at 226 Crocker Blvd. in Mount Clemens, Michigan.
These actions resulted from an investigation conducted by the CSCL Securities & Audit Division that found multiple violations of the Prepaid Funeral and Cemetery Sales Act (the “Prepaid Act”), MCL 328.211 et seq., and the Occupational Code (the “Occupational Code”), MCL 339.101 et seq., including:
- Expired prepaid funeral and cemetery sales registration and failing to assign its prepaid contracts to another registrant or to cancel its prepaid contracts and issue refunds of the contracts to the contract buyers.
- Providing funeral services and merchandise without a mortuary science license.
- Fraud, deceit, or dishonesty in the practice of mortuary science.
- Incompetence in the practice of mortuary science.
LARA issued a Notice and Order to Cease and Desist operations on November 6, 2016. The funeral home continued to operate despite that Order and without the required mortuary science license. Effective June 5, 2017, CSCL ordered Wm. R. Hamilton Co. – Groesbeck Chapel and its manager, Philip Kirkwood Hamilton II, to cease and desist operations and further violations of the Occupational Code and Prepaid Funeral and Cemetery Sales Act and summarily suspended both licenses, with notification of the right to request a hearing within 30 days. If a person fails to comply with the order, the Department of Attorney General may apply in circuit court to enforce this order. In addition, CSCL referred this matter to Macomb County Prosecutor’s Office in Mount Clemens.
Engaging in or attempting to engage in the practice of an occupation regulated under the Occupational Code without a license is a criminal misdemeanor, punishable by a criminal fine of not more than $500.00 or imprisonment for not more than 90 days, or both. A second offense is punishable by a criminal fine of not more than $1,000.00, or imprisonment for not more than one year, or both. A person who converts funds paid pursuant to a prepaid contract to his or her own use or benefit other than as authorized by the Prepaid Act or who fails to escrow or trust funds according to the Prepaid Act is guilty of a felony punishable by a fine of $5,000.00 or imprisonment of not more than 5 years, or both, for each violation. A person who violates any other provision of the Prepaid Act is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for not more than 1 year, or both, for each violation.
Members of the public who have questions or concerns regarding the operation of Wm. R. Hamilton Co. – Groesbeck Chapel may contact the Securities & Audit Division within LARA’s Corporations, Securities & Commercial Licensing bureau at 517-335-5237, Monday through Friday, 8:00 am – 5:00 pm, or by email at LARA-CSCL-Securities-Audit@michigan.gov.
For more information about LARA, please visit www.michigan.gov/lara
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