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RULE §203.18Reissuance of Revoked Funeral Director and/or Embalmer License

(a) A person whose license to practice funeral directing and/or embalming has been revoked may, after at least three years from the effective date of such revocation, petition the Commission for reissuance of the license, unless another time is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.

Source Note: The provisions of this §203.18 adopted to be effective October 18, 2015, 40 TexReg 7065

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