As a licensed funeral director, you are subject to various rules and laws that govern your profession. You may face disciplinary action before the Texas Funeral Service Commission (TFSC) if you violate any of those rules or laws. If the TFSC finds that you have violated a rule or law, you can face potential severe sanctions that may permanently impact your license and career. Therefore, you need strong legal representation during these proceedings to protect your license and career. A funeral director license defense lawyer can represent you before the TFSC in disciplinary proceedings and help avoid or mitigate the potential sanctions you may face.
Complaint Procedures Before the TFSC
Aside from licensing, the other duty of the TFSC is to handle complaints against funeral directors, embalmers, funeral homes, embalming facilities, and crematories, and ensure that they meet the standards set by law. Therefore, the TFSC has established a process by which consumers can file complaints. The TFSC is then responsible for investigating and resolving those complaints.
Jurisdictional Review
The first step that the TFSC takes with respect to any complaint is to review it for jurisdiction. The TFSC staff attorney and Director of Compliance consider whether the complaint alleges a violation of a rule or statute by a licensee over which the agency has jurisdiction. If the TFSC does not have jurisdiction over the complaint, it refers the complaint to the appropriate agency, if applicable, notifies the complainant, and administratively closes the complaint. Likewise, if the complaint indicates no violation of a rule or law, then the TFSC administratively closes the complaint. Administrative closure is the final disposition of a complaint before the TFSC.
On the other hand, if the complaint concerns a licensee over whom the agency has jurisdiction and it alleges a violation of a rule or law, the TFSC assumes jurisdiction over the complaint. As a result, the agency issues a Notice of Complaint and Initial Request for Documentation to the respondent, or the funeral director who is the subject of the complaint. The funeral director will have 15 days to respond to the complaint. In the meantime, the TFSC will continue to investigate and gather additional information and evidence concerning the complaint.
The Investigative Report
After receiving the funeral director’s response and gathering additional information, the TFSC will issue an Investigative Report (IR), which includes a proposed sanction set according to the Administrative Penalty and Sanction Schedule. The TFSC will send the IR to the funeral director, who has 30 days to choose how to proceed, as follows:
- The funeral director can accept the proposed penalty and sign an agreed order, which the agency director approves, thus reaching a final disposition of the complaint; or
- The funeral director can reject the proposed penalty and request a settlement, which can occur by informal or formal means.
The funeral director can engage in settlement negotiations with the TFSC. In response, the TFSC may rescind, lower, or leave the proposed sanction unchanged. If the parties can reach an agreement on a sanction, then they will sign an agreed order approved by the agency director to dispose of the complaint.
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Contested Hearings
If the parties cannot reach a settlement, the TFSC will send a formal complaint and notice of hearing to the funeral director and refer the case for a formal hearing at the Texas State office of Administrative Hearings (SOAH). SOAH will assign an administrative law judge (ALJ) to conduct the administrative hearing, which is like a court trial, but follows a separate set of SOAH rules.
Each party to the case will have a change to present their case, including documentary evidence and witness testimony. At the close of the hearing, the ALJ will issue a Proposal for Decision (PFD), which contains Findings of Fact and Conclusions of Law, to the TFSC. The TFSC Board will meet, provide notice to the funeral director, and determine at that meeting whether to accept, modify, or reject the PFD. Once the TFSC issues a final decision, the funeral director can accept the outcome or file a petition for judicial review.
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We Will Represent Your Interests Before the TFSC
We know how important it is for you to maintain your funeral director or embalming license and your ability to continue your career. We aim to help you handle any disciplinary proceedings and minimize or avoid any resulting sanctions. The experienced funeral director license defense lawyers at Bertolino LLP, will advocate on your behalf to protect your license during your disciplinary proceedings. Call us at (512) 515-9518 or contact us online.
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