The Texas Funeral Service Commission (TFSC) is the 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 you may face. The following Frequently Asked Questions (FAQ) may be useful to more fully understand the disciplinary proceedings that funeral directors may face.
Frequently Asked Questions
- What is the Texas Funeral Service Commission (TFSC)?
- How long do people have to file a complaint against a funeral director?
- What kinds of complaints does the TFSC investigate?
- How does the TFSC handle a complaint once it receives it?
- How do I resolve a complaint with TFSC?
- Am I entitled to a hearing on the allegations against me in a complaint before TFSC?
- What sanctions can I receive in disciplinary proceedings before the TFSC?
What is the Texas Funeral Service Commission (TFSC)?
The TFSC is the state agency that protects the public from deceptive practices in the funeral industry. Its responsibilities include setting standards for funeral, cremation, and burial arrangements, educating consumers, licensing and handling complaints about funeral directors, embalmers, funeral homes, embalming facilities, and crematories. TFSC also enforces compliance with all relevant legal standards.
How long do people have to file a complaint against a funeral director?
Complaints must generally be filed within two years of the incident. The Executive Director of TFSC may waive the two-year deadline for good cause. However, funeral homes retain records for only two years, making investigations of older incidents more challenging.
What kinds of complaints does the TFSC investigate?
TFSC investigates complaints about violations of laws or rules governing funeral service providers. Other agencies, like the Texas Department of Banking (TDB) and the Texas Department of Insurance (TDI), may oversee aspects such as prepaid funeral care, perpetual care cemeteries, and insurance contracts. TFSC determines jurisdiction and forwards complaints to TDB or TDI if appropriate; otherwise, it retains complaints under its jurisdiction.
How does the TFSC handle a complaint once it receives it?
TFSC first determines jurisdiction, then reviews the complaint for evidence of a violation. If no violation is found, the complaint is closed. If a violation exists, TFSC contacts the licensee for documentation (typically within 15 days) and conducts further investigation. After completing the investigation, TFSC prepares an Investigative Report (IR) summarizing the facts, evidence, and recommended penalties or sanctions.
How do I resolve a complaint with TFSC?
After receiving the IR, the licensee has 30 days to respond and can:
- Accept the IR and recommended penalty/sanction and sign an Agreed Order to resolve the complaint
- Request settlement through alternative dispute resolution or informal negotiations to potentially reduce or eliminate sanctions
Ignoring the IR within 30 days waives your right to a hearing, and failure to pay penalties can result in a six-month license suspension.
Am I entitled to a hearing on the allegations against me in a complaint before TFSC?
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If the complaint cannot be resolved informally, TFSC will refer the case to the State Office of Administrative Hearings (SOAH). An administrative law judge (ALJ) conducts the hearing, evaluates evidence, and issues a Proposal for Decision (PFD). TFSC commissioners review, accept, or modify the PFD and notify the licensee of the final action. The licensee can then accept the final action by signing an agreed order or file a petition for judicial review through the courts.
What sanctions can I receive in disciplinary proceedings before the TFSC?
TFSC uses an Administrative Penalties and Sanctions Schedule, dividing violations into four classes:
- Class A – $250 – $5,000 and/or sanction
- Class B – $500 – $5,000 and/or sanction
- Class C – $1,000 – $5,000 and/or sanction
- Class D – Up to $5,000 and/or sanction up to $5,000 and license revocation
Penalties depend on violation severity and the licensee’s history of prior violations.
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