Reynolds Enterprises, Inc. v. Kentucky Board of Embalmers & Funeral Directors

382 S.W.3d 47, 2012 Ky. App. LEXIS 329, 2012 WL 409616
CourtCourt of Appeals of Kentucky
DecidedFebruary 10, 2012
DocketNo. 2010-CA-000729-MR
StatusPublished
Cited by4 cases

This text of 382 S.W.3d 47 (Reynolds Enterprises, Inc. v. Kentucky Board of Embalmers & Funeral Directors) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reynolds Enterprises, Inc. v. Kentucky Board of Embalmers & Funeral Directors, 382 S.W.3d 47, 2012 Ky. App. LEXIS 329, 2012 WL 409616 (Ky. Ct. App. 2012).

Opinion

OPINION

VANMETER, Judge:

Reynolds Enterprises, Inc. d/b/a Tri-State Crematory (hereinafter referred to as “Tri-State”) appeals from the March 17, 2010, opinion and order of the Franklin Circuit Court denying its request for declaratory and injunctive relief. Specifically, the court declined to declare KRS1 Chapter 316 unconstitutional or enjoin the [49]*49Kentucky Board of Embalmers and Funeral Directors (hereinafter referred to as “the Board”) from instituting proceedings to enforce the regulations contained in KRS Chapter 316 against Tri-State. The court also held that Tri-State may not lawfully transport dead human bodies under Kentucky law based on a delegation of authority from an immediate family member of a deceased individual. For the following reasons, we affirm.

Tri-State, a Kentucky corporation with its principal office in Ashland, Kentucky, engages in routine crematory services and is duly licensed by the Cabinet for Health and Family Services, Office of Vital Statistics (hereinafter referred to as “Vital Statistics”). In 2006, upon discovering that Tri-State had transported and cremated a deceased person at the request of the deceased person’s immediate family, the Board, acting pursuant to the authority delegated to it under KRS Chapter 316, requested that Tri-State cease transporting dead human bodies since only licensed funeral directors, not cremators, may lawfully transport dead human bodies for profit. The Board requested Tri-State’s appearance at its regularly scheduled meeting and attempted to obtain the signature of the owner/operator of Tri-State on a Stipulation of Agreement and Affidavit admitting that Tri-State had committed acts in violation of KRS 316.030, specifically the removal and transportation of a dead human body. The Board also proposed that Tri-State pay a $500 fine. Tri-State appeared at the Board meeting, but refused to admit that a violation had occurred or pay the fine.

On January 10, 2007, upon request by the Board, the Kentucky Attorney General issued an opinion letter concerning whether KRS 316.010(4) and KRS 316.030(1) require an individual who transports a dead human body to possess a funeral director’s license, or, whether KRS 213.076(1) contains an exemption that allows an unlicensed individual to transport a dead human body. The Attorney General opined that it could find no statutory authority to support the notion that an unlicensed individual may transport a dead human body; instead, as set forth in KRS 316.010, an individual who is acting for profit in transporting a dead human body must possess a funeral director’s license to do so.

Tri-State then filed the underlying action, requesting that the circuit court declare KRS Chapter 316 unconstitutional as violating the due process and equal protection clauses of the Kentucky Constitution. Tri-State also requested that the Board be enjoined from regulating it under KRS Chapter 316 since it lacked authority to do so. In addition, Tri-State asked the court to declare that under the common law theory of agency, Tri-State may, as a licensed crematorium, lawfully transport a dead human body at the request of an immediate family member of the deceased individual. The circuit court agreed with the opinion of the Attorney General and denied all of Tri-State’s requests. This appeal followed.

This court reviews the decision of a circuit court in a declaratory judgment action under the clearly erroneous standard set forth in CR2 52.01. Baze v. Rees, 217 S.W.3d 207, 210 (Ky.2006). Under CR 52.01, the circuit court’s findings of fact shall not be set aside unless clearly erroneous and due regard shall be given to the opportunity of the circuit court to assess the credibility of the -witnesses. Id. (citation omitted). Further, we review a circuit court’s ruling on a request for injunctive relief for an abuse of discretion. [50]*50Price v. Paintsville Tourism Comm’n, 261 S.W.3d 482, 484 (Ky.2008) (citation omitted).

First, Tri-State argues that KRS Chapter 316 violates the due process and equal protection clauses of the Kentucky Constitution because it discriminates against crematoriums such as Tri-State in favor of licensed funeral directors by only allowing licensed funeral directors to transport dead human bodies. In other words, TriState claims that the Board’s regulation of the transportation of dead human bodies under KRS Chapter 316 amounts to an irrational exercise in economic favoritism that is designed to protect the financial interest of the funeral home industry to the detriment of economic competitors and consumers. Tri-State further claims that KRS Chapter 316 impinges upon its fundamental right to engage in its chosen profession and creates a monopoly for funeral directors. We disagree.3

Here, we are concerned with whether the circuit court erred by determining that the regulations contained in KRS 316.030(1) are rationally related to a legitimate state interest. Under Kentucky law, “ ‘[a] statute involving the regulation of economic matters or matters of social welfare comports with both due process and equal protection requirements if it is rationally related to a legitimate state objective.’ ” St Luke Hosp., Inc. v. Commonwealth, Cabinet for Health and Family Serv., Office of Certificate of Need, 254 S.W.3d 830, 834 (Ky.App.2008) (quoting Wynn v. Ibold, Inc., 969 S.W.2d 695, 696 (Ky.1998)). The deferential rational basis standard applies to substantive due process claims involving an economic or business-related right because such rights are not considered fundamental. Bobbie Preece Facility v. Commonwealth, Dep’t of Charitable Gaming, 71 S.W.3d 99,103 (Ky.App.2001).

KRS 316.030(1) provides that “[n]o person shall engage in, or attempt to engage in, embalming or funeral directing in the Commonwealth of Kentucky unless the person is licensed under the provisions of this chapter.” A funeral director is defined in KRS 316.010(8) as “a person who, for profit, engages in or represents himself or herself as engaged in the supervision, direction, and arrangement of funeral services, transportation, burials, and disposals of dead human bodies[.]” (Emphasis added).

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Cite This Page — Counsel Stack

Bluebook (online)
382 S.W.3d 47, 2012 Ky. App. LEXIS 329, 2012 WL 409616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-enterprises-inc-v-kentucky-board-of-embalmers-funeral-kyctapp-2012.