1. (a) Inspection Procedures.

   1. (1) All licensed funeral establishments, commercial embalming facilities, and crematories shall be inspected at least once every two years.
   2. (2) All inspections shall be unannounced.
   3. (3) The inspector shall review prior inspection reports before inspecting an establishment. If prior reports reveal problems, the inspector shall determine whether the establishment has corrected the previously identified problems or whether a pattern of violations or new violations exist.
   4. (4) Inspectors shall use reasonable efforts to conduct inspections between the hours of 8:00 a.m. and 5:00 p.m., but an establishment is required to be open at all times to inspections for violations of Occupations Code, Chapter 651, and Health and Safety Code, Chapters 193, 361, 711, 714, 715 and 716.
   5. (5) If an establishment is not open for business during regular business hours and an inspector is unable to contact any employee or owner to open the establishment to conduct the inspection, the inspector shall notify the establishment by mail of the attempted inspection. If an establishment is unavailable for inspection during regular business hours twice during a six month period, the Commission may file a complaint against the establishment, making the establishment subject to an administrative penalty or other action.

2. (b) Criteria for Risk-Based Inspections.

   1. (1) If the Commission previously found violations of Occupations Code, Chapter 651, and Health and Safety Code, Chapters 193, 361, 711, 714, 715 and 716, following a biennial inspection, an establishment shall be inspected annually until it is free of all violations.
   2. (2) Establishments that have received a reprimand or letter of warning, that have been assessed administrative penalties, that have had licenses suspended, or that have received a letter ordering the establishment to cease and desist for violations of Occupations Code, Chapter 651, or Rules of the Commission are subject to inspection at anytime within three years following the date that the Commission's action became final.
   3. (3) If the Commission is in the process of conducting an investigation of an establishment, staff may inspect the establishment for the limited purpose of proving or disproving the validity of the complaint. The scope of inspections under this paragraph shall be limited to matters relating to the subject of the complaint.

Source Note:The provisions of this §203.44 adopted to be effective October 18, 2015, 40 TexReg 7070.