|(a) Each licensed funeral establishment must at all
times have a designated Funeral Director in Charge, who is ultimately
responsible for compliance with all mortuary, health, and vital statistics
laws in the funeral establishment. A funeral establishment must designate
a Funeral Director in Charge at the time it receives its establishment
license, and any time the Funeral Director in Charge changes the funeral
establishment must notify the Commission, on a form prescribed by
the Commission, within 15 days.
(b) The Funeral Director in Charge must be generally
available in the routine functions of the funeral establishment in
order to personally carry out his or her responsibilities.
(c) The Funeral Director in Charge may be served with
administrative process when violations are alleged to have been committed
in a funeral establishment.
(d) An individual may not be designated as the Funeral
Director and/or an Embalmer in Charge of more than one establishment
unless the additional establishments are under the same ownership
and no establishment is more than 100 miles from any other establishment
held under the same ownership conditions.
(e) In order to be designated Funeral Director in Charge
of more than one establishment, the licensee must submit a petition
to the Commission that clearly explains how each of the criteria in
subsection (d) of this section has been met. The Executive Director
shall decide whether to grant the petition. The request and decision
will be made part of the permanent licensing file. The Executive Director's
decision to deny may be appealed, in writing, to the Commissioners,
and the appeal will be considered at the Commission's next regularly
(f) If the establishment employs a provisional licensee
it is the responsibility of the Funeral Director in Charge and the
provisional licensee to schedule case work sufficient for the provisional
program. It is the responsibility of the Funeral Director in Charge
to ensure that each provisional licensee is properly supervised while
(g) The Funeral Director in Charge shall retain the
originals of all provisional license case reports with supporting
documentation for two years from the completion date of the provisional
(h) If a provisional licensee leaves the employment
of a Funeral Director in Charge, the Funeral Director in Charge must
file an affidavit as described in Occupations Code §651.304(d)
within 15 days of employment termination.