Wash. Supreme Court published opinion — 952370.pdf

Citation: Wash. Supreme Court published opinion — 952370.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/952370.pdf ↗

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entered a final order affirming the summary judgment order, holding Southwick

had violated RCW 68.50.140 and RCW 68.24.060 and thus engaged in

unprofessional conduct under RCW 18.235.130(8). It imposed a fine of$7,500, as

well as a requirement to attempt notification of next of kin and placement of notice

in the local newspaper for three days.

Southwick petitioned Thurston County Superior Court for review of agency

action under the Administrative Procedure Act(A?A), chapter 34.05 RCW,

alleging that the Board had misapplied RCW 68.50.140 and 68.24.060 and that its

^ As Southwick's due process claim is not before us, its resolution in the lower courts is
not discussed further.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Southwick, Inc. v. Wash. State Funeral & Cemetery 95237-0

ruling was not supported by substantial evidence. RCW 34.05.570(3)(d),(e). The

superior court affirmed the Board's final order. The Court of Appeals, Division

Two, also affirmed the RCW 68.50.140 violation, holding that Southwick's

internal rules and regulations did not provide "authority of law" for purposes of

RCW 68.50.140. Southwick, Inc. v. Wash. State Funeral & Cemetery Bd., 200 Wn.

App. 890, 893,403 P.3d 934(2017). The court reversed the Board's finding of a

RCW 68.24.060 violation and remanded to the Board with instructions to

reconsider appropriate discipline of Southwick for its violations.

Southwick appealed both the due process and the "authority oflaw" issues

to this court. We granted review of only the "authority oflaw" issue. Southwick,

Inc. V. Wash. State Funeral & Cemetery Bd., 190 Wn.2d 1001, 412 P.3d 1260

(2018).

ISSUE