Estes v. Board of Funeral Service
Estes v. Board of Funeral Service
Opinion
Appellant, Hollis J. Estes, had his license to practice funeral directing suspended for 90 days, from October 30, 1980 to January 29, 1981, by the Alabama Board of Funeral Service for embalming deceased human bodies without a license. On March 13, 1981 the Funeral Service Board charged appellant with practicing the profession of funeral directing without a license, a violation of Code of 1975, §
The issue on appeal is whether the order of the Funeral Service Board revoking the license of appellant is supported by legal and substantial evidence. The evidence presented at the hearing consisted of letters from families of deceased individuals, copies of two certified death certificates signed by appellant, and the testimony of appellant and one of his employees.
Appellant claims that the letters considered by the Board are nothing more than inadmissible hearsay and cannot be used to support the revocation of appellant's license. However, we held in Barnes v. State ex rel. Ferguson,
In the present case, in addition to hearsay evidence the Funeral Service Board considered legally admissible evidence demonstrating that appellant engaged in the practice, profession or business of a funeral director without a license. The legal evidence is in the form of death certificates signed by appellant on the lines designated "Funeral Director." Code of 1975, §
the use of the words or term "funeral director," "undertaker," "mortician," "funeral parlor" or any other word or term from which can be implied the practice of funeral directing; or the holding out to the public that one is a funeral director or engaged in a practice herein described.
Appellant claims that the above statute is unconstitutionally vague. We find no merit in that argument as the definition given for funeral directing is explicit. And, use of the term "funeral director" from which can be implied the practice of funeral directing clearly falls within that definition. Appellant, therefore, violated Code of 1975, §
Having found that the death certificates are sufficient legal evidence to support the order of the Board of Funeral Service, we need not address the additional charge accusing appellant of violating Code of 1975, §
AFFIRMED.
TORBERT, C.J., and MADDOX, JONES and SHORES, JJ., concur.
Reference
- Full Case Name
- Hollis J. Estes, D/B/A Estes Funeral Home v. Board of Funeral Service, State of Alabama.
- Cited By
- 10 cases
- Status
- Published