How to File a Funeral Home Complaint in Maine: OPOR and Board Process Explained

Discovering that a Maine funeral home charged for services you did not authorize, refused to provide the itemized price list you were entitled to, mishandled a prepaid funeral trust, or behaved unethically during one of the most vulnerable moments of your life is infuriating. The question families often face is: what can actually be done about it?

Maine has a specific, functioning complaint process through the Office of Professional and Occupational Regulation (OPOR) and the Maine Board of Funeral Service. This is not the same as filing a Better Business Bureau complaint or leaving a negative review. It is a formal administrative process with real consequences for licensed professionals and establishments that violate the law.

Who Regulates Maine Funeral Homes

The Maine Board of Funeral Service, housed within the Department of Professional and Financial Regulation's OPOR division, is the state body responsible for licensing and regulating:

• Licensed funeral directors
• Licensed embalmers
• Practitioner trainees
• Funeral establishments operating in Maine

Every funeral home and funeral professional in Maine that serves the public must hold a license from this Board. The Board has the authority to investigate complaints, impose civil penalties, issue formal warnings, suspend licenses, and revoke licenses entirely for substantiated violations.

This licensing authority is what gives a consumer complaint to OPOR real leverage. A complaint is not just a criticism — it initiates a formal investigation that can affect a licensee's ability to operate.

What Violations Are Grounds for a Complaint

Several categories of conduct are actionable under Maine's funeral industry regulations:

FTC Funeral Rule violations:

• Failing to provide the General Price List at the beginning of an arrangement discussion
• Charging for embalming without prior written authorization (unless a legal exception applies)
• Refusing to accept a casket purchased from a third-party retailer
• Charging a handling fee for a third-party casket
• Requiring the purchase of a casket for cremation rather than offering an alternative container option
• Misrepresenting what is legally required

Maine statutory violations under Title 32 Chapter 21:

• Paying commissions or gratuities to referral sources to secure business (classified as a Class E crime under Maine law)
• Failing to comply with licensing requirements
• Mishandling prepaid funeral contract funds

Pre-need trust violations:

• Failing to deposit prepaid funeral funds into a separate mortuary trust account within 10 days of receipt
• Failing to provide an accounting of the trust on request
• Misappropriating or commingling pre-need funds with operating accounts

Burial-transit permit violations:

• Proceeding with cremation or burial without the required permits
• Failing to return the endorsed burial-transit permit to the municipal clerk within 21 days of the death

General professional misconduct:

• Misrepresentation, fraud, or deception in connection with funeral arrangements
• Undisclosed fees or charges that were not on the General Price List
• Mishandling of human remains

How to File a Complaint Through OPOR

The Maine OPOR accepts complaints against licensed funeral professionals and establishments through its administrative complaint system. The process:

Step 1: Gather documentation. Before filing, collect: the funeral home's itemized statement or bill, any written contracts or agreements, the General Price List if provided, correspondence with the funeral home (emails, letters), and any notes from verbal conversations including dates and what was said. Specificity strengthens a complaint.

Step 2: Access the OPOR complaint system. Complaints are filed through the OPOR's administrative system on the maine.gov website. The Board of Funeral Service complaint process is handled through the same portal as other professional licensing boards. Search for "Maine OPOR complaint" or navigate to the Department of Professional and Financial Regulation site.

Step 3: Submit the written complaint. Describe the facts chronologically. Identify the specific conduct you believe violated the law or professional standards. Attach your documentation. Be factual and specific — name the individual, the establishment, the dates, and the specific charges or conduct in question.

Step 4: Board review. Once docketed, the complaint undergoes review by the Board's staff. The licensed individual or establishment is typically notified and given an opportunity to respond. The Board may conduct an investigation, request additional documents, and schedule a hearing if the matter warrants it.

Step 5: Outcomes. If the complaint is substantiated, the Board can:

• Issue a formal warning
• Impose civil penalties
• Require remedial education or supervised practice
• Suspend the license temporarily
• Revoke the license permanently

License revocation is reserved for serious or repeated violations. Many substantiated complaints result in formal warnings, fines, or conditions imposed on the license.

Filing with the FTC as Well

For FTC Funeral Rule violations — the itemized price list, embalming authorization, third-party caskets — you can also file a complaint directly with the Federal Trade Commission at ftc.gov/complaint. The FTC does not resolve individual consumer disputes, but complaints contribute to enforcement patterns and can trigger investigations into funeral homes with repeated violations.

Filing with both OPOR and the FTC is appropriate when the conduct involves federal law violations. OPOR handles the state licensing enforcement; the FTC handles the federal consumer protection enforcement.

What a Complaint Will Not Do

A OPOR complaint is a licensing enforcement mechanism, not a debt collection tool. Filing a complaint does not automatically result in a refund. If you are seeking to recover unauthorized charges, that is a separate matter — either through a direct dispute with the funeral home, small claims court, or a civil attorney.

That said, a pending OPOR complaint can create significant motivation for a funeral home to resolve a billing dispute. A licensee who is under formal investigation has a strong interest in demonstrating to the Board that they take consumer complaints seriously and have corrected any issues.

What to Do Before Filing

If you believe a specific charge was unauthorized, start with a direct written request to the funeral home. Ask them to explain the authorization basis for each disputed charge, citing the specific Maine statute or FTC Funeral Rule provision that required it. Put this request in writing (email is fine). Their response — or lack of response — becomes part of your complaint documentation.

Many disputes are resolved at this stage. Funeral homes that realize they cannot cite legal authority for a charge, and that you are informed of your rights, will often reverse it rather than face a formal complaint.

The Maine Funeral Laws and Consumer Rights Guide walks through both the FTC Funeral Rule requirements and the OPOR complaint process in detail — including the specific provisions that apply most commonly to Maine families, what documentation to keep from the moment arrangements begin, and how to assert your rights through the formal process if something goes wrong.

The complaint process exists for a reason. Using it when warranted is not just about your own situation — it contributes to enforcement of standards that protect every Maine family that walks into a funeral home in the future.

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