(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 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.
(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. Each petition will clearly state:
  (1) a brief explanation of the problem(s) created by maintaining the records at that location;
  (2) the rational or justification for the granting of the exemption;
  (3) the specific remedy requested, including the alternative location selected;
  (4) assurances that the records of the different establishments will not be comingled and the Commission will be able to easily access all records by name of the establishment, name of individual, or by date of service.
(c) The Executive Director may grant the request only if the alternative location is a funeral establishment is within 100 miles of the other funeral establishment and both have the same owner.
(d) The Executive Director will advise the licensed establishment in writing of the action taken. An applicant for an exemption may appeal to the Commissioners, in writing, the Executive Director's denial of the request for an exemption. The Commissioners' decision is final and not subject to judicial review.
(e) A funeral establishment is authorized to maintain its records in a digital or electronic format as long as the establishment has the ability to print the records at that establishment.

Source Note: The provisions of this §203.35 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective October 3, 2019, 44 TexReg 5625