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Board approves disciplinary recommendations and consent orders across a dozen inspection cases
Summary
During routine inspections the board reviewed a series of complaints alleging expired licenses, unlicensed activity, and funeral‑practice concerns; the board accepted legal counsel's recommended penalties or closures for each case and in one instance directed staff to contact a business to remove an active website pending licensure.
The Tennessee Board of Funeral Directors and Embalmers on June 10 reviewed its legal report and accepted legal counsel's recommendations in a series of complaints resulting from routine inspections. The board approved consent orders, civil penalties and case closures across multiple matters, often by unanimous roll call.
Legal counsel Mr. Bryant presented the report item by item. Many cases involved individuals or managers whose funeral‑director licenses had expired and were later reinstated; the board accepted penalties recommended by counsel after members heard the inspector's findings and respondent explanations.
Examples of approved recommendations include:
- Complaint 2025021981: Manager permitted a funeral director's license to expire on 02/28/2025 and resumed duties before reinstatement on 03/12/2025. Counsel recommended a $500 civil penalty by consent order; the board approved the recommendation by roll call.
- Complaint 2025022341: Same respondent (manager) with similar expired‑license facts; counsel recommended a $250 civil penalty by consent order; the board approved.
- Complaint 2025027951 and 2025027961: A sister establishment and an employee permitted a license lapse (02/28/2025 to 03/12/2025); counsel recommended penalties of $500 and $250 respectively; both recommendations were approved.
- Complaint 2025014881: A director permitted a license lapse (12/31/2024 to 01/28/2025) and signed six cremation permits as the person in charge; counsel recommended a $250 civil penalty by consent order; the board approved after questions about supervision and permit procedures.
- Complaint 2025019491: An employee permitted a license lapse (01/31/2025 to 02/07/2025) and signed a cremation authorization; counsel recommended a $250 civil penalty; the board approved.
- Complaint 202502771: An employee allowed a license to lapse and signed death certificates during that period; counsel recommended a $500 civil penalty; the board approved. Counsel explained that signing while unlicensed is assessed based on the license status at the time of signature, not later filing dates.
- Complaint 202502781: Manager allowed license lapse (02/28/2025 to 03/10/2025) though the establishment reported no families were served during that interval; counsel recommended a $250 civil penalty; the board approved.
- Complaint 2025020171: Allegation of misidentification and an alleged forged cease‑and‑desist letter; legal review found documentary evidence that the lawyer's office had sent the letter and that the board lacked jurisdiction over the veterans service letter; counsel recommended closure and the board approved.
- Complaint 2024054371: Allegations of improper preparation and multiple instances of unlicensed activity at an establishment (including nonlicensed staff conducting the funeral and a reportedly licensed director signing a statement of funeral goods and services without meeting the family). Counsel recommended a $3,000 civil penalty plus investigation costs and formal hearing authority; the board approved.
- Complaint 2025019531 (online only establishment): Counsel reported an online‑only, unlicensed entity using another establishment's physical address and found multiple FTC General Price List (GPL) violations and pricing inconsistencies. Counsel recommended a $5,000 civil penalty, consent order and formal hearing if necessary; the board approved the penalty and additionally directed staff to contact the respondent and request immediate removal of the website until the correct licensure is in place. The record shows the online entity had served 79 individuals through March 4, 2025; staff said the owner has submitted an application for licensure and scheduled reinspection.
- Complaint 2022003861: A customer service and graveside conduct complaint; after additional evidence and statements provided by counsel for the respondent, legal recommended closure and the board approved.
For each complaint the board accepted counsel's recommended disposition by roll call vote. Board members asked clarifying questions on several files, including how continuing‑education credits and state verification functions are presented in the CORE system and how inspectors cross‑check statements of funeral goods and services against permits and other records.
Mr. Bryant stressed that when licensees seek binding legal advice they should obtain private counsel rather than rely on customer‑service staff at the board office. The executive director reported 74 open complaints as of June 4, 2025.
The board moved on after approving the legal report items and then considered the executive director's report, which the board accepted.
