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Blake v. State Board of Funeral Directors

Board's order revoked and license reinstated because funeral director's actions of failing to notify an estranged wife of a change in a decedent's funeral schedule and denying final private time with the deceased cannot be held to be extremely serous misconduct when such conduct has not been enumerated in the law or in Board regulations.

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Argued: March 6, 2001

Petitioner Cynthia Johnson Blake, F.D. seeks review of the September 8, 2000 adjudication and order of the Bureau of Professional and Occupational Affairs, State Board of Funeral Directors (Board) that suspended Petitioner’s funeral director’s license for six months and levied a $l,000 civil penalty against her for violating Section 11(a)(5) of the Funeral Director Law (Law), Act of January 14, 1952, P.L. (1951) 1898, as amended, 63 P.S. �479.11(a)(5). The Board found that Petitioner committed extremely serious misconduct in the profession by denying an estranged wife final private time with the deceased.

The questions presented in this appeal are whether the Board violated Petitioner’s constitutional rights to due process by failing to provide adequate statutory or regulatory notice of the acts considered to be in violation of the Law and the scope of the Board’s interpretation of its discretion; whether the discipline imposed was excessively harsh under the circumstances; and whether the Board’s order should be set aside because it was not supported by substantial evidence, was arbitrary and capricious and contained errors of law. Petitioner also contends that she is entitled to a new hearing because of the ineffective assistance of her prior counsel who failed to disclose at the hearing that Petitioner sought and acted on his advice before the funeral.

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