Opinion
July 6, 1948.
September 27, 1948.
Undertakers — Licenses — Revocation — Fraud in procuring license.
On appeal by an undertaker from judgment of the court below dismissing his appeal from the action of the State Board of Undertakers in revoking his undertaker's license, it was Held that the record contained evidence supporting findings that appellant (1) did not have the educational qualifications required for a license and (2) had practiced fraud in obtaining his license and (3) his license was properly revoked.
Before MAXEY, C. J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.
Appeal, No. 13, May T., 1947, from judgment of Common Pleas, Dauphin Co., Commonwealth Docket, 1945, No. 56, in case of Board of Undertakers, Department of Health v. John Joseph Cerankowski. Judgment affirmed.
Appeal by undertaker from action of State Board of Undertakers in revoking his license.
The facts are stated in the opinion, by RUPP, J., of the court below, as follows:
This is an appeal by John Joseph Cerankowski from the action of the State Board of Undertakers in revoking his undertaker's license.
The Undertakers Act (Act of June 10, 1931, P. L. 485), as amended, 63 PS Sec. 478a, et seq., provides, inter alia, that any unlicensed person desiring to operate as an undertaker in this Commonwealth shall apply to the State Board of Undertakers for examination and licensure (Section 2, 63 PS Sec. 478b); that, as to educational qualifications, to be entitled to examination an applicant shall be a graduate of an approved high school of this Commonwealth or have an education equivalent thereto (Section 3, 63 PS Sec. 478c); that licenses shall be granted upon the qualification and examination of the individual applicant (Section 6, 63 PS Sec. 478f); and that, among other reasons, the Board may revoke a license for the practice of any fraud or deceit in obtaining or attempting to obtain it (Section 8 (a), 63 PS Sec. 478h).
In applying to be examined for licensure, as evidence of the required secondary education the appellant submitted to the Board credentials to the effect that he was a graduate of the Winonah Military Academy, Winonah, New Jersey. He was permitted to take the examination, passed, was duly licensed, and to date has been operating under that license.
Subsequent to licensure, from testimony adduced at several hearings before it, the Board found that not only was he not a graduate of the Academy, but that he had never attended it. Relying on the opinion of this Court in Funeral Directors' Association v. Huff, 55 Dauph. 216 (1944), the Board then revoked the license on the ground that the appellant did not possess the necessary education to qualify him for examination and licensure; also, that he had practiced fraud in obtaining his license.
This case has been unduly prolonged by the efforts of counsel for the appellant to cloud a simple issue by technicalities. For our present purposes, the controlling question is, did the appellant have the educational qualifications to entitle him to be examined and licensed? If he did not, in light of the Act and our prior opinion, supra, the Board had no alternative but to revoke the license.
Under Section 10 of the Undertakers Act, as amended, supra, 63 PS Sec. 478j, on appeal the matter is heard by this Court without a jury on the record certified to it by the Board.
The record certified to us contains ample uncontradicted evidence to support a finding that the appellant neither was graduated from nor attended the Wenonah Military Academy. The record contains nothing to support a finding that the appellant had a high school education or its equivalent.
Although the appellant was cited to appear before the Board and show cause why his license should not be suspended or revoked, and although he was present at one hearing and was represented by counsel at all hearings, no testimony was ever offered in his behalf.
In addition to the foregoing, on his 1937 and 1938 applications for registration as a student apprentice, the appellant certified to the Board that he had attended the Wenonah Military Academy from September 18, 1926 to June 3, 1930.
Thus, throughout the years, at every step in the process of obtaining a license, the appellant was guilty of fraud. He was registered as a student apprentice, he was admitted to examination, and he was licensed through fraud. Since 1938 he has been operating under a license to which he is not entitled. This appeal is but a brazen attempt to continue the fraud.
In view of all the above, the appeal must be dismissed.
And now, March 3, 1947, the appeal is hereby dismissed.
Defendant appealed to the Supreme Court.
Milton J. Kolansky, with him Daniel G. Murphy, Leo G. Knoll, and Homer L. Kreider, for appellant.
Abraham J. Levy, Special Deputy Attorney General, with him John C. Phillips, Deputy Attorney General, Harrington Adams, Deputy Attorney General, and T. McKeen Chidsey, Attorney General, for appellee.
The judgment of the court below is affirmed on the opinion of Judge RUPP.