Texas Funeral Services Commission

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Texas Funeral Services Commission

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Mission Statement

"The mission of the Texas Funeral Service Commission (TFSC) is to protect the public from deceptive practices by gaining compliance with the laws of the State of Texas and rules of the Commission through a process of impartial enforcement, inspection and education to insure that the final disposition of every citizen is conducted at the highest level of professional standards and ethical conduct."

Resolution of Complaints Process

Role of Executive Director-Administrator of Consumer Affairs & Compliance

  1. Intake Process
  2. Assignment of Complaint Case Number
  3. Determines if Allegation of Violation of Statute or Rule Exists – See Rules Site
  4. Administratively dismissed if No Violation is alleged

Administratively Closing or Referring Cases

Case files may be administratively closed on Non- Jurisdictional complaints by Executive Director or referred to other agencies when applicable.

Information Summarized: Case closed if investigation reveals no law violation. Letter sent to complainant explaining reason for closure and noted as final disposition.

Cases Assigned for Investigation and Informal Conference

There will be a notification of complaint submitted to parties involved, which will include a detailed description of initial complaint and initial request for documentation.

There may be additional request for statements or evidence gathered – or second request for documents made to licensee usually after thirty days. Documentation, statements, and evidence will be reassessed and case will be close if investigation reveals no law violation. A letter sent to complainant explaining reason for closure and noted as final disposition.

However, if documentation, statements, and evidence warrant that violations of statues or rules exist then further actions will be taken.

Evidence and information is summarized in preliminary report. Executive Director assesses administrative action or penalty. Informal conference scheduled for complaints involving violations of statue.

Informal conference held. Complainant may attend and participate. Disciplinary action or penalty might be rescinded, lowered, or left unchanged. Respondent is informed of decision.

Ratification of informal conferences presented to Commissioners during Open Meeting. Complainant may attend open meeting and speak during public comment regarding complaint. Executive Director recommends disciplinary action and/or penalty. Commissioners can ratify recommendation or suggest other disciplinary action or penalty.

Notification of commission decision mailed to respondent within ten days. Complainant notified that penalty has been assessed and of respondent’s right to accept action or request a formal hearing before the State Office of Administrative Hearings.

Depending on case determination, one of the following courses of action may occur:

  1. Licensee accepts assessment and meets specified penalty within 30 days after which there will be a final disposition issued and complaint file closed, or;
  2. Licensee does not accept disciplinary action and requests a formal hearing before the State Office of Administrative Hearings (SOAH) or Alternative Dispute Resolution.

If Licensee does not accept disciplinary action:

Case file is forwarded to Office of the Attorney General for prosecution before SOAH. Complainant may attend and give testimony. Disciplinary action may be dismissed, rescinded, lowered, or increased to include suspension or revocation of license.

Administrative Law judge renders Proposal for Decision (PFD). PFD presented to commission. Agreed Order is prepared between commission and licensee regarding penalty at which time there will be a final disposition issued and complaint file closed.

Texas Funeral Service Commission

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Austin, Texas Professional License Defense Attorney Oscar San Miguel represents clients who are located in Austin, Houston, Dallas, San Antonio, El Paso, Fort Worth, Arlington, Amarillo, Lubbock, Brownsville, Laredo, Harlingen, McAllen, Round Rock, Longview, Travis County, Harris County, Dallas County, Tarrant County, Bexar County, Fort Bend County, Montgomery County, Cameron County, Nueces County, El Paso County, Potter County, Lubbock County, Grayson County, Collin County and throughout Texas.
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