1. (a) All records required for retention by Occupations Code Chapter 651 and Rules of the Commission, 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 a family member or the person responsible for making arrangements for final disposition during regular business hours. Copies must be provided upon request to the Commission during the course of an investigation or inspection.
2. (b) Any licensed establishment 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 maintaining the records at that location;
   2. (2) the rational 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 will be able to easily access all records by name of the establishment, name of individual, or by date of service.
4. (d) The Executive Director will grant, deny, or modify the requested relief.
5. (e) The Executive Director will advise the licensed establishment in writing of the action taken.
6. (f) Each petition will be considered separately and upon its own merit. When considering the petition, the Executive Director 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 Commission as demonstrated in prior inspection reports and other documents submitted to the Commission.

Source Note:The provisions of this §203.35 adopted to be effective October 18, 2015, 40 TexReg 7069.