| (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.
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| Source Note: The provisions of this §203.9 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 6, 2016, 41 TexReg 7717; amended to be effective October 3, 2019, 44 TexReg 5625 |
