presiding officer ofthe Board held that Southwick had violated RCW
68.50.140(1),^^ which provides,"Every person who shall remove human remains.
'The Department issued its statement of eharges through the Board, which is its relevant
disciplinary authority under chapter 18.235 RCW.See RCW 18.235.005,.020(2)(b)(iv); RCW
68.05.430.
^ This violation is not before us.
^ The Department later amended its statement of charges, withdrawing its alleged
violation of this statute and adding a violation of RCW 18.235.130(8) for unprofessional
conduct.
Although this is a criminal statute, neither ofthe parties argued for application ofthe
rule of lenity, and we decline to do so. The Board has authority to discipline cemeteries that
violate any provision of chapter 68.50 RCW.RCW 68.05.090,.173. Applying the rule of lenity
would undermine the purpose of the Board's authority.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Southwick, Inc. v. Wash. State Funeral & Cemetery Bd., No. 95237-0
or any part thereof, from a grave, vault, or other place where the same has been
buried ... without authority of law ... is guilty of a class C felony." The
Department had not alleged a violation ofthat statute. The presiding officer also
found Southwick had committed unprofessional conduct under RCW
18.235.130(8) due to its violation of RCW 68.50.140.
Southwick filed a motion for reconsideration by the Board ofthe presiding
officer's summary judgment order alleging a due process violation, which is not
before us,^ and arguing that it had not violated RCW 68.50.140 because it was not
acting without "authority of law."
After a hearing on Southwick's motion for reconsideration, the Board