440 Pa. 40 | Pa. | 1970
Opinion
Upon information obtained from the Maine Board of Medical Examiners, the Pennsylvania State Board of Funeral Directors issued a citation charging that Victor Errichetti, appellant, had violated §13(b) of the Funeral Director Law, Act of January 14, 1952, P. L. (1951) 1898, as amended, 63 P.S. §479.13(b)
After a careful reading of the record, we conclude that there is substantial evidence to support the finding that appellant violated §13 (b). As to the penalty, however, at oral argument, counsel for the Board admitted that in making its decision to revoke appellant’s license the Board considered matters outside the record in this action. As this was clearly improper, we must vacate the order of the Superior Court and remand the record to the Commonwealth Court which under the Administrative Agency Law, Act of June 4, 1945, P. L. 1388, §44, 71 P.S. §1710.44, has the power to affirm, modify or set aside the revocation order.
The order is vacated, and the record is remanded for proceedings consistent with this opinion.