1. (a) All records required for retention by Texas Civil Statutes, Article 4582b, §3(H)(23) and (25) (concerning violations of this Act) and §203.16 of this title (relating to Minimum standards for embalming), will be maintained for a minimum of two years within the physical confines of the licensed establishment where the funeral arrangements were made. The records must be made available to the Texas Funeral Service Commission through its staff and members, or to the next of kin or person authorized for the making of funeral arrangements during regular business hours, and copies must be provided upon request to the commissioner.
2. (b) Any interested persons as defined in §201.8(a)(2) of this title (relating to Procedures for the Petition for Adoption of Rules), may submit a petition to the commission requesting an exemption to the portion of subsection (a) of this section which requires that retained records be kept within the physical confines of the licensed funeral establishment where the funeral arrangements were made.

3. (c) Each petition will clearly state:

   1. (1) a brief explanation of the problem(s) created by that portion of the rules;
   2. (2) the rationale or justification for the granting of the exemption;
   3. (3) the specific remedy requested, including the alternative location selected;
   4. (4) assurances that the commission or its representative will be able to easily access all records by name of establishment, name of individual, or by date of service.
4. (d) The executive director will advise the commission of all petitions submitted in accord with this procedure, along with his recommendations.
5. (e) The commission will consider each petition submitted at its next scheduled meeting and may either grant, deny, or modify the remedy requested. The executive director will advise interested parties in writing of the action taken by the commission.
6. (f) Each petition will be considered separately and upon its own merit. When considering the petition, the commission will take into account the proposed geographical location of the records, and the licensee's demonstrated ability to substantially comply with the mortuary laws and the rules and regulations of the Texas Funeral Service Commission as demonstrated in prior inspection reports and other documents submitted to the commission.

Source Note:The provisions of this §203.23 adopted to be effective February 27, 1996, 21 TexReg 1271.