WIDOW, WIDOWER AND ESTATE LICENSES


§ 13.151. Issuance of license.

 (a)  Upon the death of a licensee, the Board will issue a license and renewal thereof to the estate of the deceased for a period not to exceed 3 years, or to the widow or widower of the deceased, without time limitation, if the widow or widower remains unmarried and that written notice of intent to continue practice is given to the Board by the estate or widow or widower of the deceased in accordance with §  13.152 (relating to application).

 (b)  The widow, widower or the estate of a deceased funeral director is permitted to succeed to the interest of the deceased funeral director in a funeral establishment and shall receive a restricted funeral license for that purpose.

Source

   The provisions of this §  13.151 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (156414) to (156415).

Notes of Decisions

   Restricting the issuance of licenses to situations where substantial harm would be worked on the consumer if a license were not issued is contrary to the provisions of 49 Pa. Code §  13.151 (relating to restriction) and is in conflict with the intent of the Legislature in authorizing the grant of such licenses. Edwards v. State Board of Funeral Directors, 383 A.2d 564 (Pa. Cmwlth. 1978).

   In determining whether to issue a widow or estate license the State Board of Funeral Directors has no authority or power to consider issues of private contract law not raised by the parties privy to the contract. Edwards v. State Board of Funeral Directors, 383 A.2d 564 (Pa. Cmwlth. 1978).



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