22 Tex. Admin. Code § 203.44 - Procedures and Criteria for Inspections of Licensed Entities
(a) Inspection Procedures.
(1) All licensed funeral establishments,
commercial embalming facilities, and crematories shall be inspected at least
once every two years.
(2) All
inspections shall be unannounced.
(3) The inspector shall review prior
inspection reports before inspecting a licensed entity. If prior reports reveal
problems, the inspector shall determine whether the licensed entity has
corrected the previously identified problems or whether a pattern of violations
or new violations exist.
(4)
Inspectors shall use reasonable efforts to conduct inspections between the
hours of 8:00 a.m. and 5:00 p.m., but a licensed entity is required to be open
at all times to inspections for violations of Occupations Code, Chapter 651,
and Health and Safety Code, Chapters 193, 361, 711, and 716.
(5) If a licensed entity is not open for
business during regular business hours and an inspector is unable to contact
any employee or owner to open the licensed entity to conduct the inspection,
the inspector shall notify the licensed entity by mail of the attempted
inspection. If a licensed entity is unavailable for inspection during regular
business hours twice during a six-month period, the Commission may file a
complaint against the licensed entity, making the licensed entity subject to an
administrative penalty or other action.
(b) The Commission may classify a licensed
entity as risk-based for the following reasons:
(1) Previously found violations of
Occupations Code, Chapter 651, and Health and Safety Code, Chapters 193, 361,
711, and 716, following a regular inspection.
(2) Multiple violations of Occupations Code,
Chapter 651, or Rules of the Commission.
(3) Change of ownership.
(4) Newly issued license.
(c) Notwithstanding subsection
(a)(1) of this section, a licensed entity may be inspected annually if the
Commission classifies the entity as risk-based.
(d) The Commission will declassify an
establishment as risk-based if it has two consecutive inspections with no found
violations and/or it has no proven violations within a two-year
period.
(e) If the Commission is in
the process of conducting an investigation of a licensed entity, staff may
inspect the licensed entity for the limited purpose of proving or disproving
the validity of the complaint. The scope of inspections under this paragraph
shall be limited to matters relating to the subject of the complaint.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.