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
