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Tennessee funeral board keeps $500 penalty but orders website taken down after business vacated address
Summary
The Tennessee Board of Funeral Directors and Embalmers on July 14 upheld a recommended $500 civil penalty for a funeral establishment that left its old address on public listings, rejected a bid to raise the fine to $1,000 and required the site be taken down until a new location is approved.
The Tennessee Board of Funeral Directors and Embalmers voted July 14 to keep a $500 civil penalty for an establishment whose website and online listings continued to show a prior address after the business vacated the premises, and ordered the licensee to take the website down until a new fixed place of business is approved.
Board counsel presented evidence that an inspector had found the establishment’s website still listing the old address even though the business had vacated the location in mid‑March and had posted a notice about moving only six to eight weeks later. Counsel said the board’s review showed the listing could mislead consumers about where the firm was operating and recommended a $500 civil penalty via consent order.
At a contentious portion of the hearing, board member Randy Nash moved to increase the penalty to $1,000 and add a formal letter of instruction about fixed‑place rules. Nash argued the board had a long history with the establishment and penalties had not been enough to change behavior. Legal counsel said the record did not show the firm had operated while the location was vacated and that a $500 sanction matched the documented violation of misleading address information.
The motion to raise the fine failed on a roll call vote, 3‑3. The board then approved a motion (moved by Nash, seconded by Tim Wheeler) to keep the $500 penalty, require that the licensee remove the public website listing until the new location is approved, and add a letter of caution or instruction to the consent order. The motion carried.
Board members stressed the practical consumer‑protection concern: a website or public listing that still shows an old address can cause families to call or visit the wrong location. "Leaving that website up when you're not doing business can mislead the public," one board member said during debate. Counsel noted the department could make removal of the website a condition of the consent order.
The board action does not preclude future enforcement: legal counsel said the department can pursue a formal hearing or other remedies — including judgment enforcement — if a licensee refuses to comply with an order.
The board handled several other complaints during the meeting, approving counsel recommendations in most cases and issuing a mix of closure letters, warning letters and civil penalties.
