22 Tex. Admin. Code § 203.9 - Licensure of Funeral Establishments and Commercial Embalming Establishments
(a)
New License Applications.
(1) Applications
for licensure must be submitted on forms developed by the Commission.
Applications shall be accompanied by applicable licensing fees, purchase
agreement forms, all price lists, and embalming case report forms to be used,
if applicable, which reflect the establishment's name and provide a placeholder
for the establishment's license number.
(2) The passage of an inspection is mandatory
for a new establishment seeking its initial licensure and for previously
licensed establishments that have changed physical location.
(3) The license shall be issued to the
establishment's owner.
(4) A change
of name or physical address requires the submission of a new establishment
license application.
(5) A new
license will not be issued unless all fees have been paid. Prior to a new
license being issued under paragraph (4) of this subsection, any outstanding
penalties of the previous establishment must be paid unless the penalties are
the subject of an administrative hearing or judicial review.
(6) A license expires on the last day of the
month 12 months from the date of issue.
(b) Renewal Applications
(1) The renewal period of a license is 12
months.
(2) A late renewal fee will
be assessed for an application for renewal which has been postmarked after its
renewal date.
(3) Establishments
may be inspected upon the submission of a renewal application.
(4) A renewal license will not be issued
unless all fees and outstanding penalties, if any, have been paid or the
Commission's records reflect that the applicant is current on a payment plan or
that penalties previously assessed are the subject of an administrative hearing
or judicial review.
(5) The
Commission may investigate any circumstances involved with the renewal of any
license as provided for in Occupations Code Chapter 651.
(6) A license will be cancelled if the
application for renewal is not received within 90 days of the expiration date
of the license.
(c) A
funeral establishment or commercial embalming facility may effect a change of
ownership by either submitting a new license application under subsection (a)
of this section or by notifying the Commission, on a form prescribed by the
Commission, within 30 days. In submitting the form, the new owner must attest
to the information contained on the form and must submit any documentation
required by the Commission. The Commission may assess a fee to accompany the
form attesting to the ownership fee. The fee may not exceed half the cost of
applying for a new establishment license.
(d) The Commission may refuse to issue a new
license or to renew an outstanding license or may revoke an establishment's
license if it determines that the license application or the change of
ownership affidavit contains materially false information or that a person
whose individual license to practice funeral directing or embalming is
currently suspended or revoked owns the establishment or an interest in the
establishment.
Notes
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