Rule 201.13 Executive Director (a) The Commission shall employ an Executive Director to manage the administrative affairs of the Commission under the Commissioners’ discretion. (b) The Commission may delegate the Commissioners’ duties to the Executive Director. (c) In the event of the Executive Director’s absence or if the Executive Director is unable to act, the Presiding Officer of the Commission may designate an Acting Executive Director to perform the Executive Director’s duties. Rule 201.14 Introduction to Joint Memorandum of Understanding (a) Occupations Code §651.159 mandates the Texas Department of Banking, the Texas Funeral Service Commission, and the Texas Department of Insurance to adopt by rule a Joint Memorandum of Understanding (JMOU) relating to prepaid funeral services and transactions that: (1) Outlines the responsibilities of each agency in regulating these services and transactions; (2) Establishes procedures to be used by each agency in referring complaints to one of the other agencies; (3) Establishes procedures to be used by each agency in investigating complaints; (4) Establishes procedures to be used by each agency in notifying the other agencies of a complaint or of the investigation of a complaint; (5) Describes actions the agencies regard as deceptive trade practices; (6) Specifies the information the agencies provide consumers and when that information is to be provided; and (7) Sets the administrative penalties each agency imposes for violation. (b) Any revisions to the JMOU will be adopted by rule by each agency. (c) The JMOU entered into by the three agencies is found at §201.15 of this title. (d) Nothing in this rule or in §§201.15 - 201.16 of this title shall be construed as prohibiting any agency from taking independent disciplinary action or assessing administrative penalties under their own statute or rules. The JMOU does not limit the authority of any agency, acting in its own capacity under state or federal law, to investigate complaints that fall within that agency’s statutory jurisdiction. Rule 201.15 Joint Memorandum of Understanding (a) Pursuant to Occupations Code §651.159, the Texas Funeral Service Commission (herein referred to as the “TFSC”), the Texas Department of Insurance (herein referred to as the “TDI”), and the Texas Department of Banking (herein referred to as the “DOB”) hereby adopt the following joint memorandum of understanding (JMOU) relating to prepaid funeral benefits as defined in Finance Code Chapter 154. The TFSC, TDI, and DOB intend this memorandum of understanding to serve as a vehicle to assist the three agencies in their regulatory activities, and to make it as easy as possible for a consumer with a complaint to have the complaint acted upon by all three agencies, where appropriate. In order to accomplish this end, where not statutorily prohibited, the three agencies will share information between the agencies which may not be available to the public generally under the Public Information Act, Government Code Chapter 552. Such information will be transmitted between agencies with the understanding that it is considered confidential, is being furnished to the other agencies in furtherance of their joint responsibilities as state agencies in enforcing their respective statutes, and that it may not be disseminated to others except as required.
Rule 201.7 Preparation and Dissemination of Consumer Information (a) The Commission shall prepare and disseminate to the general public information of consumer interest explaining matters relating to funerals and the funeral industry, describing the regulatory functions of the Commission, and describing the Commission’s procedure by which consumer complaints are filed and resolved by the Commission. (b) The Commission shall review and revise the information of consumer interest prepared and disseminated by the Commission on a biennial basis. (1) Any person or groups of persons may submit in writing any proposal concerning the content and/ or the methods of dissemination of information of consumer interest prepared and disseminated by the Commission. Once submitted, such proposal shall become the property of the Commission and will not be returned. (2) The Commission shall review any proposals submitted to the Commission in writing concerning the content and/or method of dissemination of information of consumer interest. (c) Information of consumer interest prepared and disseminated by the Commission shall be available to the general public through funeral establishments. The Funeral Director in Charge shall prominently display Commission consumer brochures in the public view within the funeral establishment. (d) Information of consumer interest prepared and disseminated by the Commission shall also be available, upon request, to individuals and interested organizations or institutions, such as, better business bureaus, hospice groups, consumer groups, libraries, and legislators. Rule 201.8 Computation of Time In computing any period of time prescribed or allowed by Tex. Admin. Code, Title 22, Part 10, by Order of the Commission, or by any applicable statute, the period shall begin on the day after the act, event, or default in controversy and conclude on the last day the act occurred, unless it be a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. Rule 201.9 Subpoenas The Executive Director may issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of books, records, documents, and/or other material relevant to the complaint under investigation or pending at SOAH. Rule 201.10 Witness Travel Reimbursement The Commission may reimburse a witness in a SOAH hearing for travel expenses at the rates established by the General Appropriations Act for classified employees of the Commission. All documentation required of classified employees would be required of witnesses in order to be compensated. Rule 201.11. Correspondence and Notice (a) All correspondence to an establishment or to a licensee shall be sent to the mailing address of record as reflected on the initial license application or as otherwise provided by the establishment or licensee. (b) Notice shall be deemed complete upon deposit by the Commission in a postpaid, properly addressed envelope. The correspondence must be placed in a post office or official depository under the care and custody of the United States Postal Service, FedEx, UPS, or any other overnight mail delivery service. Rule 201.12 Charges for Providing Copies of Public Information The Commission determines charges for public information in accordance with the rules of the Office of the Attorney General at Tex. Admin. Code, Title 1, Part 3, Section 70.3.
Book Code: FTX1624
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