Commercial Embalming Establishments) and by satisfying the requirements of subsection (b) of this section. (d) An applicant for approval of a new or changed name may appeal the Executive Director’s denial of the request to the Commissioners. The Commissioners’ decision is final. (e) All advertising on a website controlled by an entity licensed by the Commission must operate as follows: (1) The licensed name of the entity, or a registered trademark or registered trade name belonging to the licensed entity and the establishment’s license number must appear on the contact information page. (2) Irrespective of the name on the website, provisions must be made on the website so that an individual who wishes to enter into a funeral-related transaction must not be able to complete such a transaction without openly and apparently dealing with the licensed entity under the licensed name as reflected in the records of the Commission. (3) All locations advertised shall be licensed by the Commission. (f) No funeral establishment, commercial embalming establishment, or crematory shall advertise in a manner which is false, misleading, or deceptive. (g) A cremation society’s website and any advertising shall be linked with a licensed funeral establishment or licensed crematory establishment. The licensed funeral establishment and its location shall be provided on the website or advertising. Rule 203.12 Temporary Operation Authorization – Damaged Establishments (a) The Commission may grant a temporary operation authorization to a funeral establishment, commercial embalming facility, or crematory to operate at a temporary location if the licensed location is damaged by fire, flood, or other natural disaster. (b) The temporary location must meet all the requirements for establishments under Occupations Code Chapter 651 and the Rules of the Commission. (c) The application for a temporary operation authorization shall be in writing, shall detail the circumstances which prevent the conduct of business at the licensed location, and shall provide an estimated date by which the licensed location will be made ready for operation. Rule 203.13 Franchise Tax (a) Any taxable entity, as defined under Tax Code §171.0002, contracting with the Commission and/or any taxable entity that is an applicant for a license or permit issued by the agency must certify in writing, on a form provided by the agency, that its right to transact business in Texas is active, that it is exempt from payment of the franchise tax or that it is an out-of-state entity that is not subject to the franchise tax. (b) The making of a false statement as to franchise tax status on any license or permit application shall be grounds for disciplinary action. (c) The making of a false statement as to franchise tax status with regard to a state contract shall be grounds for cancellation of the contract at the option of the agency by treating the statement as a material breach of contract. Rule 203.15 Required Notification of Criminal Conviction (a) An applicant for licensure shall disclose in writing to the Commission any conviction against him or her related to the occupations of funeral directing or embalming as defined by §203.16(h) of this title at the time of application. (b) A current licensee shall disclose in writing to the Commission any conviction against him or her related to the occupations of funeral directing or embalming as defined by §203.16(h) of this title at the time of renewal or no later than 30 days after judgment in the trial court, whichever date is earlier.
(6) A license expires on the last day of the month 12 months from the date of issue. (b) Renewal Applications (1) The renewal period of a license is 12 months. (2) A late renewal fee will be assessed for an application for renewal which has been postmarked after its renewal date. (3) Establishments may be inspected upon the submission of a renewal application. (4) A renewal license will not be issued unless all fees and outstanding penalties, if any, have been paid or the Commission’s records reflect that the applicant is current on a payment plan or that penalties previously assessed are the subject of an administrative hearing or judicial review. (5) The Commission may investigate any circumstances involved with the renewal of any license as provided for in Occupations Code Chapter 651. (6) A license will be cancelled if the application for renewal is not received within 90 days of the expiration date of the license. (c) A funeral establishment or commercial embalming facility may effect a change of ownership by either submitting a new license application under subsection (a) of this section or by notifying the Commission, on a form prescribed by the Commission, within 30 days. In submitting the form, the new owner must attest to the information contained on the form and must submit any documentation required by the Commission. The Commission may assess a fee to accompany the form attesting to the ownership fee. The fee may not exceed half the cost of applying for a new establishment license. (d) The Commission may refuse to issue a new license or to renew an outstanding license or may revoke an establishment’s license if it determines that the license application or the change of ownership affidavit contains materially false information or that a person whose individual license to practice funeral directing or embalming is currently suspended or revoked owns the establishment or an interest in the establishment. Rule 203.10 Preparation Room Exemption (a) A funeral establishment may request, in writing, the Executive Director exempt a funeral establishment from the requirement of having a preparation room. The Executive Director may grant the request only if the establishment is within 50 miles of another funeral establishment that contains a preparation room and has the same ownership. (b) The funeral establishment seeking the exemption must attest that no embalming services will be performed at the exempt establishment. (c) An applicant for an exemption may appeal, in writing, the Executive Director’s denial of the request to the Commissioners. The Commissioners’ decision is final. Rule 203.11 Establishment Names and Advertising (a) Each application for licensure shall contain the name to be used on the license. (b) Upon receiving an application for a new establishment license, the Commission shall review establishment names in its database. The Commission shall issue the license in the requested name when all licensing requirements are satisfied, unless the Commission determines that the name is deceptively or substantially similar to the name of another licensed establishment in the same county, metropolitan area, municipality, or service area. In these instances, the Executive Director shall deny a license for a name that is deceptively or substantially similar to the name of another establishment, unless that establishment agrees in writing to the name’s use. (c) An establishment’s licensed name may be changed by following the procedure outlined in §203.9 of this title (relating to Licensure of Funeral Establishments and
Book Code: FTX1624
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EliteLearning.com/Funeral
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