IN RE STATE FUNERAL DIR. ASS'N.

Docket No. A-0177-11T2

48 A.3d 391 (2012)

427 N.J. Super. 268

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).

Superior Court of New Jersey, Appellate Division.

Decided July 26, 2012.


Attorney(s) appearing for the Case

Karen A. Confoy argued the cause for appellant N.J. State Funeral Directors Association (Sterns & Weinroth, attorneys; Ms. Confoy and Erica S. Helms , Trenton, on the brief).

Susan C. Berger , Deputy Attorney General, argued the cause for respondent N.J. State Board of Mortuary Science ( Jeffrey A. Chiesa , Attorney General, attorney; Andrea M. Silkowitz , Assistant Attorney General, of counsel; Ms. Berger , on the brief).

Before Judges GRALL, ALVAREZ and SKILLMAN.


The opinion of the court was delivered by

GRALL, J.A.D.

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...

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