written agreement with the Commission to comply with the requirements of Tex. Gov’t Code §656.103(a)(1). Employees who fail or refuse to enter into such an agreement shall not be permitted to attend training or educational programs lasting three or more months. (e) The Commission shall pay the costs and expenses related to approved training or educational programs in accordance with the State Employee Training Act, the Comptroller’s rules and regulations, and the Commission’s own policies relating to employee reimbursement. (6) Notwithstanding paragraph (4) of this subsection, the Executive Director may waive any prerequisite to obtaining a license to a person whose license has been expired for no more than five years who is also a military service member, military veteran, or military spouse as defined by Occupations Code, Chapter 55. (g) A licensee serving as an active military service member as defined by Occupations Code, Chapter 55, is exempt from the payment of license fees for the duration of the holder’s military service or for anytime the Commission considers advisable. Rule 203.2 Military Licensing (a) This subsection applies to a military service member, military veteran, or military spouse as defined by Occupations Code, Chapter 55. (b) The Commission shall issue an expedited license to an applicant described in subsection (a) of this section who: (1) Holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state; or (2) Within the five years preceding the application date held a license in this state. (c) The Executive Director may allow an applicant described under subsection (b) of this section to demonstrate competency by alternative methods in order to meet the requirements for obtaining a particular license issued by the Commission. In lieu of the standard method(s) of demonstrating competency for a particular license, and based on the applicant’s circumstances, the alternative methods for demonstrating competency may include any combination of the following as determined by the Commission: (1) Education; (2) Continuing education; (3) Examinations (written and/or practical); (4) Letters of good standing; (5) Letters of recommendation; (6) Work experience; or (7) Other methods required by the Executive Director. (d) The Commission shall waive any application or examination fees for an applicant who is: (1) A military service member or military veteran whose military service, training, or education substantially meets all of the requirements for the license; or (2) A military service member, military veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state. Rule 203.3 Retired/Disabled License (a) At the time of license renewal, any licensed funeral director, embalmer, or dual licensee aged 65 or older will be placed in a Retired, Active status. Upon written application to the Commission, a licensee may be placed in a Retired, Inactive status.
determine which other employees will be permitted or required to attend training or education programs. (c) Employees who receive training or education must utilize the training or educational opportunity to prepare for technological and legal developments facing the Commission, or to increase their work capabilities or competence. (d) An employee, prior to receiving training or education for three or more months, during which the employee does not perform his or her regular duties, must enter into a
TAC Chapter 203. Licensing and Enforcement – Specific Substantive Rules Sub-Chapter A. Licensing Rule 203.1 Funeral Director and Embalmer License Requirements and Procedure (a) A person may not engage in funeral directing or
embalming in this state without holding a license issued by Commission, unless the person is a mortuary student acting under the supervision and direction of a licensed funeral director or embalmer. (b) An applicant for a license shall meet the eligibility requirements of Occupations Code, §651.253. (c) The period of a license is two years beginning on the first day of the licensee’s birth month. The initial licensing period may be less than two years. (d) The licensing fee must be paid before a license is issued. If the initial licensing period is less than two years, the licensing fee shall be prorated. (e) A person who does not receive a full license by exiting directly from the Commission’s provisional license program or reciprocate from another state may apply for full licensure. The person must have been a provisional license holder in Texas no more than 24 months prior to application. The applicant shall complete an application, provide required proof of eligibility, pay an application fee, re-take and pass the State Mortuary Law Examination, and submit to a criminal background check. (f) Renewal Procedures and Conditions. (1) A license may be renewed beginning 60 days prior to its expiration if the licensee has paid the renewal fee and met the continuing education requirements of §203.8 of this title (relating to Continuing Education). (2) A person whose license is expired for 90 days or less may renew the license by meeting the continuing education requirements of §203.8 of this title and paying a renewal fee that is 1 and 1/2 times the amount of the normal renewal fee. (3) A person whose license is expired for more than 90 days but less than one year may renew the license by meeting the continuing education requirements of §203.8 of this title and paying a renewal fee that is two times the amount of the normal renewal fee. (4) A person whose license has been expired for one year or more may reinstate the license by meeting the following requirements: (A) Retaking and passing the State Mortuary Law Examination; (B) Payment of any applicable fees, including a renewal fee that is equal to two times the normally required renewal fee; and (C) Completion of the continuing education requirements of §203.8 of this title. (5) Notwithstanding paragraph (4) of this subsection, a person whose license has been expired for one year or more may reinstate the license without retaking the applicable examination if the person has been licensed and practicing in another state for the two years preceding the application for reinstatement. The applicant must pay a renewal fee that is equal to two times the normally required renewal fee.
Book Code: FTX1624
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