of kin before doing so. RCW 68.50.220. These statutes therefore establish the
"authority oflaw" to disinter human remains within the statutory framework, and
prior notification is the basic rule to which the exceptions apply.
® "No person shall be disturbed in his private affairs, or his home invaded, without
authority of law." Wash. Const, art. I, § 7.
10
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Southwick, Inc. v. Wash. State Funeral & Cemetery Bd., No. 95237-0
Southwick offers no case law supporting its argument that its rule making
authority includes the authority to make rules that conflict with state statutes. The
Department, on the other hand, cites numerous authorities holding that legislatively
delegated rule making authority does not permit an agency, municipality, or
corporation to make rules that conflict with existing state law. RCW
23B.03.020(2)(c)(corporations may not adopt bylaws inconsistent with state law);
Arnold V. City ofSeattle, 185 Wn.2d 510, 528, 374 P.3d 111 (2016)('"A local
regulation conflicts with state law where it permits what state law forbids or
forbids what state law permits.'"(quoting State v. Kirwin, 165 Wn.2d 818, 825,
203 P.3d 1044 (2009))); Bostain v. Food Express, Inc., 159 Wn.2d 700, 716, 153
P.3d 846(2007)("deference to an agency's interpretation is never appropriate
when the agency's interpretation conflicts with a statutory mandate"); Edelman v.
State ex rel. Pub. Disclosure Comm'n, 152 Wn.2d 584, 591,99 P.3d 386(2004)
("An agency may not promulgate a rule that amends or changes a legislative
enactment."(citing State ex rel. Evergreen Freedom Found, v. Wash. Educ. Ass'n,
140 Wn.2d 615, 634,999 P.2d 602(2000))); Brown v. City ofYakima, 116 Wn.2d