(a) A person whose license to practice funeral directing
and/or embalming has been revoked may, after at least three years
from the effective date of such revocation, petition the Commission
for reissuance of the license, unless another time is provided in
the revocation order.
(b) The petition shall be in writing.
(c) The Commissioners may grant or deny the petition.
If the petition is denied by the Commissioners, a subsequent petition
may not be considered by the Commissioners until 12 months have lapsed
from the date of denial of the previous petition.
(d) The petitioner or his legal representative may
appear before the Commissioners to present the request for reissuance
of the license.
(e) The petitioner shall have the burden of showing
good cause why the license should be reissued.
(f) In considering a petition for reissuance, the Commissioners
may consider the petitioner's:
(1) moral character;
(2) employment history;
(3) status of financial support to his family;
(4) participation in continuing education programs
or other methods of staying current with the practice of funeral directing
and/or embalming;
(5) criminal history record, including felonies or
misdemeanors relating to the practice of funeral directing, embalming
and/or moral turpitude;
(6) offers of employment as a funeral director and/or
embalmer;
(7) involvement in public service activities in the
community;
(8) compliance with the provisions of the Commission
Order revoking or canceling the petitioner's license;
(9) compliance with provisions of Occupations Code
Chapter 651, regarding unauthorized practice;
(10) history of acts or actions by any other state
and federal regulatory agencies; or
(11) any physical, chemical, emotional, or mental impairment.
(g) In considering a petition for reissuance, the Commissioners
may also consider:
(1) the nature and seriousness of the crime for which
the petitioner's license was cancelled or revoked;
(2) the length of time since the petitioner's license
was cancelled or revoked as a factor in determining whether the time
period has been sufficient for the petitioner to have rehabilitated
himself to be able to practice funeral directing or embalming in a
manner consistent with the public health, safety and welfare;
(3) whether the license was submitted voluntarily for
cancellation or revocation at the request of the licensee; or
(4) other rehabilitative actions taken by the petitioner.
(h) If the Commissioners grant the petition for reissuance,
the petitioner must:
(1) take and pass the State Mortuary Law Examination;
(2) pay a fee that is equal to two times the normally
required renewal fee; and
(3) satisfy continuing education requirements of §203.8
of this title. The Commissioners may require the petitioner to complete
additional training to assure the petitioner's competency to practice
funeral directing and/or embalming.
(i) The Commissioners may place the licensee on probation
for a period of not less than two years by authorizing the Executive
Director to enter into an Agreed Order with the licensee. The Agreed
Order shall specify the terms of the probation and the consequences
of violating the Order.
|