| (a) Definitions.
(1) "Consumer complaint" means a written complaint
you receive, either at your corporate office or your cemetery location,
from a consumer regarding the manner in which you operate your perpetual
care cemetery or perform your obligations under a perpetual care cemetery
contract or Health and Safety Code, Chapter 711 or Chapter 712. The
term includes a written complaint you receive either directly from
the consumer or through the Department. The term does not include
an oral complaint.
(2) "Department" means the Texas Department of Banking.
(3) "You" or "I" means a cemetery corporation that
owns or operates a perpetual care cemetery.
(b) When must I respond to a written consumer complaint
and what must my response include?
(1) You must respond to the consumer complaint in writing
on or before the 30th day after the date you receive the consumer
complaint.
(2) In your written response, you must:
(A) set out the actions you have taken or plan to take,
with a corresponding timeline, to resolve or otherwise dispose of
the consumer complaint; or
(B) if you dispute the consumer complaint or do not
believe any corrective or other action is required, explain your conclusion
and refer to any supporting legal authority.
(3) If the consumer complaint was forwarded to you
by the department, you must send the department a copy of your response
on or before the 5th day after the date you mail the response to the
consumer.
(c) Must I keep records of the consumer complaints
I receive? Yes. You must keep the records regarding consumer complaints
in accordance with the requirements of §26.2(b)(2) of this title
(relating to What Records am I Required to Maintain?).
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