1. (a) New License Applications

   1. (1) Applications for licensure must be submitted on forms developed by the commission. Applications shall be accompanied by applicable licensing fees and embalming case report forms reflecting the establishment's name. Additionally, funeral establishments shall submit copies of all price lists and purchase agreement forms.
   2. (2) The passage of an inspection is mandatory for a new establishment seeking its initial licensure and for previously licensed establishments that have changed physical location.
   3. (3) The license shall be issued to the establishment's owner.
   4. (4) A change of ownership, name, or physical address requires the submission of a new establishment license application. The application must be filed with the commission within 30 days following the occurrence of the event requiring the license application. The failure to timely file the application will result in the assessment of a late application fee of $100.
   5. (5) A license will not be issued unless all fees and outstanding penalties, if any, have been paid or the commission is in possession of evidence that the applicant is current on a payment plan or that penalties previously assessed are the subject of an administrative hearing or judicial review. Staff shall notify the applicant of any unpaid penalties.
   6. (6) A license issued under this subsection expires on the last day of the month twelve months from the date of issue.

2. (b) Outstanding Licenses and Fees

   1. (1) Initial Expiration Date: Licenses outstanding on the effective date hereof expire September 30, 2003.
   2. (2) Initial Renewal Period: The initial renewal period for a license described in paragraph (1) of this subsection is the number of months, not less than seven, from September to the month of the establishment's original licensure date. If the number of months under the first sentence hereof would be less than seven, then the initial renewal period is determined by adding twelve months to the number of months from September to the month of the establishment's original licensure date. The monthly fee for the initial renewal license, payable in a lump sum, is equal to one-twelfth (1/12) of the annual license fee.
   3. (3) Subsequent Renewal Periods. The renewal period of a license described in paragraph (2) of this subsection is twelve months beginning on the 1st day of the month following the expiration of the initial renewal period and annually thereafter.
   4. (4) A late renewal fee will be assessed for an application for renewal date stamped after its renewal date.
   5. (5) Establishments may be inspected upon the submission of a renewal application.
   6. (6) 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. Staff shall notify the applicant of any unpaid penalties.
3. (c) Certain Grounds for Denial or Revocation of a License. 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 contains material 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.
4. (d) Conspicuous Display of License. The license shall be conspicuously displayed in an area of the establishment open and accessible to the general public. A license is conspicuously displayed when it is placed in an area of the funeral establishment generally accessed by a consumer making funeral arrangements.

Source Note:The provisions of this §203.4 adopted to be effective March 5, 2003, 28 TexReg 1888.