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Thursday, July 26, 2012

IN THE MATTER OF THE CHALLENGE OF THE NEW JERSEY STATE FUNERAL DIRECTORS ASSOCIATION TO AMENDMENTS N.J.A.C.13:36-4.9(c); 13:36-5.17(c) AND 13:36-5.18(a) A-0177-11T2


IN THE MATTER OF THE CHALLENGE OF THE NEW JERSEY STATE FUNERAL DIRECTORS ASSOCIATION TO AMENDMENTS N.J.A.C.13:36-4.9(c); 13:36-5.17(c) AND 13:36-5.18(a) A-0177-11T2

The New Jersey State Funeral Directors Association, Inc. (Association) challenges amendments to N.J.A.C. 13:36-4.9(c), 13:36-5.17(c) and 13:36-5.18(a), adopted by the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Mortuary Science (Board). 43 N.J.R. 2360 (Sept. 6, 2011). The amendments were proposed to "clarify a registered mortuary's responsibilities with respect to the participation of unlicensed persons in the removal and preparation of bodies for disposition." 42 N.J.R. 1674 (Aug. 2, 2010). The Association challenges the amendments as exceeding the Board's regulatory authority, unconstitutionally vague and arbitrary and unreasonable in that they require registered morticians to do the impossible. Because the amendments have none of those defects, they are affirmed. 07-26-12