1. (a) The Commission will inspect a facility licensed or registered by the commission if:

   1. (1) the facility was found to be deficient on a prior inspection; failed to prove compliance following a deficient finding during a prior inspection; or failed to be open for a follow-up inspection following a finding of a deficiency during a prior inspection;
   2. (2) the Commission receives a complaint regarding the establishment or facility; or
   3. (3) the Commission opens a complaint investigation in its own name against the establishment or facility.
2. (b) If an inspector in unable to contact the establishment or facility owner, its funeral director in charge, manager of the property, or any other employee or agent of the establishment or facility to provide notice of the attempted inspection before leaving the general area, the inspector shall notify the establishment or facility by mail of the attempted inspection.
3. (c) If an establishment or facility is unavailable for inspection twice during a six month period, the Commission may file a complaint against the establishment or facility, making the establishment or facility subject to an administrative penalty or other action.

Source Note:The provisions of this §203.31 adopted to be effective February 27, 1996, 21 TexReg 1271; amended to be effective February 18, 2002, 27 TexReg 1167.