Tennessee funeral board closes several complaints, levies fines in multiple cases

The Tennessee Board of Funeral Directors and Embalmers reviewed its legal report and acted on eight complaint files during its Oct. 14 meeting in Nashville.

Board counsel Michael Bryant summarized each matter for the board and recommended closure in six files, a $500 civil penalty in one advertising case and a $4,000 civil penalty in a case involving a two‑year delay filing a death certificate. For a separate long‑running complaint involving alleged delays and paperwork problems the board approved a $2,000 penalty reduced to $1,500 if the respondent proves refunds were made and also required a letter of instruction.

The most heavily discussed item, complaint 2025042431, involved a complainant who said the funeral home failed to file a death certificate for two years. Bryant told the board the respondent ultimately filed the certificate on July 31, 2025, two years and 16 days after the death, and legal recommended a $2,000 civil penalty by consent order. Board member Tim Wheeler moved to increase the civil penalty to $4,000; Randy Nash seconded the motion and it carried.

On complaint 2025045051, which challenged a billboard that advertised flat prices without the required itemization, legal recommended a letter of warning. After the board reviewed the respondent’s prior advertising history, Wheeler moved and Tracy Ham Allen seconded a motion to assess a $500 civil penalty; the motion carried.

Several other complaints were closed after counsel’s review. Complaint 2025040091 (alleged unauthorized public viewing) was closed after Bryant explained the respondent relied on information from the medical examiner and confirmed the visitation was private. Complaint 2025041701 (alleged domain‑name redirection) and complaint 2025044351 (alleged delays obtaining death certificate and cremation permit) were also closed. Complaint 2025044631 (dispute over who directed arrangements and payment) was closed after legal’s review. Complaint 2025049251, which involved reciprocal billboard advertising from an out‑of‑state affiliate, was closed for the Tennessee respondent with a separate warning to the out‑of‑state establishment.

On the final case presented at this segment, complaint 2025036701, legal recommended a $2,000 civil penalty reduced to $1,500 if the respondent produced proof of refunds to the complainant and required a letter of instruction about timely contracting and pickup from the medical examiner. The board approved that recommendation by motion: $2,000 reduced to $1,500 upon proof of refund, plus a letter of instruction and authorization for a consent order and formal hearing if necessary.

Votes at a glance

- Case 2025040091 — Motion to accept counsel’s recommendation to close; mover: Don Haines; second: Wendell Naylor; outcome: approved (voice vote). - Case 2025041701 — Motion to accept counsel’s recommendation to close; mover: Tim Wheeler; second: Wendell Naylor; outcome: approved (voice vote). - Case 2025042431 — Motion to increase the recommended civil penalty to $4,000 and authorize a consent order; mover: Tim Wheeler; second: Randy Nash; outcome: approved. - Case 2025044351 — Motion to issue a letter of instruction to respondent; mover: Randy Nash; second: Wendell Naylor; outcome: approved. - Case 2025044631 — Motion to accept counsel’s recommendation to close; mover: Wendell Naylor; second: Don Haines; outcome: approved. - Case 2025045051 — Motion to assess a $500 civil penalty; mover: Tim Wheeler; second: Tracy Ham Allen; outcome: approved. - Case 2025049251 — Motion to accept counsel’s recommendation to close (with a custom closure letter to the complainant and a letter of warning to the out‑of‑state establishment); mover: Wendell Naylor; second: Randy Nash; outcome: approved. - Case 2025036701 — Motion to assess $2,000 civil penalty, reduced to $1,500 upon proof of refund, plus letter of instruction; mover: Randy Nash; second: Tim Wheeler; outcome: approved.

Board counsel and members emphasized the board’s limited statutory remedies and that some delays stemmed from external actors (physicians, medical examiners, mail vendors). Board members who pressed for larger penalties cited the impact on families and the length of delays. Legal noted statutory ceilings and how multiple days of noncompliance can multiply potential fines under the statute discussed during the meeting.

Members will receive consent orders and letters as directed by the motions; several matters were authorized for reduction via consent order contingent on proof of reimbursement or corrective action.

The board closed the legal‑report portion of the meeting and moved on to reports and other agenda items.