The Commonwealth Court rejected claims that the state funeral directors’ licensing board violated the constitutional rights of a direct marketer of cremation services when it issued an order to stop practicing without a license.
The unanimous opinion, penned by Judge Rochelle S. Friedman, holds that the constitutional rights Pre-Need Family Services claimed were trampled are extended only to lawfully operated businesses. Because Pre-Need’s operations constitute funeral direction under the law and the company is not licensed as a funeral director, it is unlawful, the three judge panel found. Pre-Need Family Series v. Bureau of Professional and Occupational Affairs, PICS Case No. 06-1017 (Pa. Commw., July 26, 2006) Friedman, J. (12 pages)
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