TITLE 22.EXAMINING BOARDS

Part 10. TEXAS FUNERAL SERVICE COMMISSION

Chapter 201. LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE

22 TAC §201.3

The Texas Funeral Service Commission (Commission) adopts an amendment to §201.3 concerning Complaints and Investigations without changes to the proposed text as published in the December 2, 2005, issue of the Texas Register (30 TexReg 7972) and will not be republished.

The amendment is adopted because Texas Occupations Code §651.202 requires the Commission to adopt rules concerning a complaint to include procedures for the informal and formal hearing process that (1) provide the complainant an opportunity to explain the allegations made in the complaint; (2) provide to the person made the subject of the complaint an opportunity to be heard; and (3) authorize commission staff to dismiss complaints subject to approval by the executive director or the executive director's designee. Existing §201.3 does not outline all procedures in place.

No comments were received.

The amendment is adopted under Texas Occupations Code §651.152. The commission interprets §651.152 as authorizing it to adopt rules as necessary to administer Chapter 651.

No other statutes, articles, or codes are affected by the proposal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 13, 2006.

TRD-200600219

O.C. Robbins

Executive Director

Texas Funeral Service Commission

Effective date: February 2, 2006

Proposal publication date: December 2, 2005

For further information, please call: (512) 936-2466