The Texas Funeral Service Commission (TFSC) is a state agency that oversees licensing and disciplinary proceedings for funeral directors. As a result, the TFSC investigates complaints against funeral directors and takes any necessary disciplinary action. You will benefit from representation by counsel if you are facing a disciplinary complaint against your funeral director license. Your Texas funeral director license defense attorneys are here to help you devise the best strategy to defend yourself in any disciplinary proceedings that you may face.
Concurrent Jurisdiction Over the Death Care Industry
The TFSC shares jurisdiction over individuals licensed to work in the death care industry with the Texas Department of Banking (TDB) and the Texas Department of Insurance (TDI). TDB regulates and licenses individuals working in the prepaid funeral industry and perpetual care cemeteries. TDI regulates individuals and companies issuing insurance and annuity contracts that fund prepaid contracts. Therefore, when TFSC receives a complaint, it must first determine which agency has jurisdiction over it and forward it to the appropriate agency, if necessary.
Grounds for Disciplinary Action Against Funeral Directors
22 Tex. Admin. Code §203.45 defines unprofessional conduct for funeral directors. Instances of unprofessional conduct are grounds under which the TFSC may fine, revoke, or suspend any licenses it issues, and include the following:
- Providing funeral goods and services or performing acts of embalming in violation of applicable laws and rules;
- Refusing or failing to keep, maintain, or furnish any record or information required by law or rule, including a failure to timely submit any documentation requested during a TFSC investigation;
- Operating the licensed entity in an unsanitary manner;
- Failing to practice funeral directing or embalming in a manner consistent with the public health or welfare;
- Obstructing, physically abusing, or threatening a TFSC employee in the lawful performance of their enforcement duties;
- Copying, retaining, repeating, or transmitting in any manner the questions contained in any examination administered by the TFSC;
- Conduct which is willful, flagrant, or shameless or which shows a moral indifference to the standards of the community;
- In connection with official duties, engaging in:
- Fraud or a false representation of a matter of fact that deceives or is intended to deceive another;
- Deceit designed to deceive or defraud another; or
- Misrepresentation;
- Communicating directly or indirectly with a TFSC employee during the pendency of a complaint in connection with an issue of fact or law, except upon notice and opportunity for each party to participate;
- Attempting to influence a complainant or witness in any case to change the nature of or withdraw a complaint by means of coercion, harassment, bribery, or by force, or threat of force;
- Retaliating or threatening to retaliate against a complainant;
- Failing to make payment to a sub-contractor for consumer-related services under an agreement with the licensee; or
- Violating any Texas law or administrative rules governing the transportation, storage, refrigeration, interment, cremation, or disinterment of the dead.
Complaints to the TFSC
The TFSC handles all complaints that allege violation of any statute over which it has regulatory authority or its rules. A TFSC investigator performs an initial investigation to determine if it has jurisdiction over the complaint. After the initial investigation, if the investigator and a staff attorney determine that TFSC has no jurisdiction over the complaint, they administratively close the case.
On the other hand, if the investigator and staff attorney determine that the TFSC has jurisdiction over the complaint, they advise the licensee of the complaint and request a response within 15 days of receipt of the complaint. The investigator may conduct additional investigation if the staff attorney requests and prepare an investigative report.
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If the investigative report contains a violation and the staff attorney approves it, the TFSC gives notice to the licensee of its intent to assess an administrative penalty or other license sanction. At that point, the TFSC typically will try to resolve the case through informal negotiations or an informal settlement conference at which the complainant also can present their allegations.
If the parties cannot informally resolve the complaint, the TFSC can forward the case to the State Office of Administrative Hearings (SOAH) for a hearing before an administrative law judge (ALJ). Following the hearing, the ALJ issues a proposal for decision (PFD) to the TFSC, which may accept or modify it.
The licensee can accept the TFSC’s order or file a petition for judicial review after exhausting all their administrative remedies.
Get the Advice You Need About Your Funeral Director License
When you face a disciplinary complaint concerning your therapist or counseling license, including continuing education violations, you risk significant sanctions that could adversely affect your career. Don’t try to handle such a critical situation on your own. The funeral director license defense lawyers at Bertolino LLP can examine your circumstances and help you determine the most effective means of protecting your license. Call us today at (512) 980-3751 or get more information about us online.
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