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PRE-NEED FAMILY SERVICES EASTERN REGION v. BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS

904 A.2d 996 (2006)

PRE-NEED FAMILY SERVICES EASTERN REGION, Petitioner v. BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 26, 2006.

Reargument Denied September 6, 2006.

Attorney(s) appearing for the Case

David M. Kozloff, Wyomissing, for petitioner.

Thomas A. Blackburn, Asst. Counsel, Harrisburg, for respondent.

James J. Kutz, Harrisburg, for amicus curiae, The Pennsylvania Cemetery & Funeral Association.

BEFORE: McGINLEY, Judge, and SMITH-RIBNER, Judge, and FRIEDMAN, Judge.

Reargument Denied En Banc September 6, 2006.

OPINION BY Judge FRIEDMAN.

Pre-Need Family Services Eastern Region (Pre-Need) petitions for review of the September 9, 2005, order of the Bureau of Professional and Occupational Affairs directing Pre-Need to (1) pay $1,000 in civil penalties for engaging in the unlicensed practice of funeral directing in violation of sections 13(a) and 13(c) of the Funeral Director Law (Law)1 and (2...

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