1. (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.
2. (b) The funeral establishment seeking the exemption must attest that no embalming services will be performed at the exempt establishment.
3. (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.

Source Note:The provisions of this §203.10 adopted to be effective October 18, 2015, 40 TexReg 7065.