Judge sides with funeral home owner in yearlong dispute over new license

A district court judge has sided with the owner of Atwood Family Funeral Directors in his dispute with the Wyoming State Board of Funeral Service Practitioners over his license to perform funeral and cremation services in the Big Horn Basin.

Clayton Draggoo owns not only the Atwood Family offices in Basin and Greybull but also the Antelope Butte Crematory on Greybull River Road and Veile Mortuary in Worland.  

Each has been closed for more than a year since Fifth Judicial District Court Judge Bill Simpson granted a temporary injunction that prevented Draggoo from practicing funeral services until the state board issued him a new license.

In the eyes of that state board, which lists a roster of all the state’s funeral practitioners on its website, Draggoo’s licenses and permits are considered “expired.”  In the case of the Greybull and Basin locations, they have been since Feb. 1, 2023; in Worland, since Feb. 1, 2024.  

Court documents show that the state board informed Draggoo that it would not consider the renewal of his license until he sat for and passed an oral jurisprudence examination.  The state board cited state statute which read than an individual “whose license has been voided for failure to renew must comply with all requirements of a new applicant before a license or permit may be reissued.”

In April, Draggoo filed a petition for review of agency action, inaction or final decision in the Fifth Judicial District of Big Horn County.  In it, his attorney, Bill Hibbler, argued that Draggoo was eligible and qualified to be reissued a license because he had passed an oral jurisprudence examination in February of 2018 when he first applied for his Wyoming license and permits.

Hibbler said the board’s position “aggrieved” and “adversely affected” his client, and with no other administrative remedy, declared an impasse existed and sought remedy through the court filing.

Judge Bill Simpson response was filed Dec. 5 in the Fifth Judicial District Court of Big Horn County. He ruled that “because Mr. Draggoo did not submit a complete application by the deadline, or within 30 days of the deadline, he could not take advantage of the requirement that he only submit evidence that he had completed eight hours of continuing education and pay an annual fee.

“Instead he became subject to the statute’s requirement that he comply with all requirements of a new applicant before a license or permit may be reissued.”

However, Simpson questioned why the board did not require Draggoo to complete any of the other requirement of a new applicant because it recognized that he is of the age of majority, has been to college, obtained a mortuary science diploma, served as an apprentice and passed the National Board Examination.

“The court recognizes the practical differences between the statutory requriements and the potential loopholes. The statute, though, does not.  The statute is clear and unambiguous. It merely requires an applicant to show that he has — past tense — complied with the requirements. Mr. Draggoo has taken the oral jurisprudence examination. It would not be difficult for the legislature to make clear that a person whose license has been voided and who seeks to regain the license must once again pass the board-administered test while not making the applicant repeat other requirements.  It is notable in this case that the board required Mr. Draggoo to repeat the oral jurisprudence exam but did not ask him to repeat the required National Board Exam.”

Simpson’s conclusion was that Draggoo “has” passed the board-administered examination and that it “is not necessary” for him to take it again.

The judge did not, however, grant Draggoo’s request that he order the board to approve his license.  That decision rests solely with the board, Simpson ruled.

When asked for his response to the ruling, Draggoo said it “confirms the position we presented to the Board back in August 2023. While I’m relieved the court ruled in my favor, I am now focused on the next step: waiting for the board to issue my license and permits.”

Draggoo said he “strongly urges the Board to act promptly and reinstate the license along with the necessary facility permits. I have already complied fully and have been waiting, waiting, waiting for a year and a half to move forward. This is not a case about eight hours of continuing education.”

Draggoo said he intends to reopen his businesses as soon as he is issued his new license and permit.