LARA Attempt to Revoke License of Funeral Home Unsuccessful
Key Details
- Allegation: Performed funeral services for approximately 12 families after the funeral home's license had lapsed
- Risk: Revocation of the funeral home's license
- Resolution: Consent Order with a short term of probation and a fine; Complaint dismissed
Case Summary
LARA filed an Administrative Complaint against our client, a funeral home, seeking revocation of its license. The complaint alleged the funeral home had performed funeral services for approximately 12 families after its license had lapsed.
Legal Strategy
A Compliance Conference was held with the State regarding the allegations. We offered evidence that a rogue employee had changed the funeral home's address with the State without the licensee's knowledge — and that as a result of this unauthorized change, the licensee had never received actual notice from the State that its license had expired.
Outcome
A Consent Order was entered with the funeral home, providing for a short term of probation and payment of a fine. The Complaint against the licensee was dismissed.
Key Factors in Winning the Case
- Evidence of an unauthorized address change by a rogue employee
- Established that the licensee never received actual notice of the license expiration
- Resolution via Consent Order rather than revocation
Approximate Case Value
$8,000 – $10,000
