| (a) All records required for retention by Occupations
Code Chapter 651 and Rules of the Commission, will be maintained for
a minimum of two years within the physical confines of the licensed
establishment where the funeral arrangements were made. The records
must be made available to the person responsible for making arrangements
for final disposition during regular business hours. Copies must be
provided upon request to the Commission during the course of an investigation
or inspection.
(b) Any licensed establishment may submit a petition
to the Commission requesting an exemption to the portion of subsection
(a) of this section which requires that retained records be kept within
the physical confines of the licensed funeral establishment where
the funeral arrangements were made. Each petition will clearly state:
(1) a brief explanation of the problem(s) created by
maintaining the records at that location;
(2) the rational or justification for the granting
of the exemption;
(3) the specific remedy requested, including the alternative
location selected;
(4) assurances that the records of the different establishments
will not be comingled and the Commission will be able to easily access
all records by name of the establishment, name of individual, or by
date of service.
(c) The Executive Director may grant the request only
if the alternative location is a funeral establishment is within 100
miles of the other funeral establishment and both have the same owner.
(d) The Executive Director will advise the licensed
establishment in writing of the action taken. An applicant for an
exemption may appeal to the Commissioners, in writing, the Executive
Director's denial of the request for an exemption. The Commissioners'
decision is final and not subject to judicial review.
(e) A funeral establishment is authorized to maintain
its records in a digital or electronic format as long as the establishment
has the ability to print the records at that establishment.
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