Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter C - ENFORCEMENT › Section 203.45 - Unprofessional Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				  may, in its discretion, refuse to issue or renew a license or may fine, revoke,
				  or suspend any license granted by the Commission if the Commission finds that
				  the applicant or licensee has engaged in unprofessional conduct as defined in
				  this section.
(b) For the purpose
				  of this section, unprofessional conduct shall include but not be limited to:
(1) providing funeral goods and services or
				  performing acts of embalming in violation of Occupations Code, Chapter 651, the
				  Rules of the Commission or applicable health and vital statistics laws and
				  rules;
(2) refusing or failing to
				  keep, maintain or furnish any record or information required by law or rule,
				  including a failure to timely submit any documentation requested during the
				  course of a Commission investigation;
(3) operating the licensed entity in an
				  unsanitary manner;
(4) failing to
				  practice funeral directing or embalming in a manner consistent with the public
				  health or welfare;
(5) obstructing
				  a Commission employee in the lawful performance of such employee's duties of
				  enforcing Occupations Code, Chapter 651, or the Rules of the
				  Commission;
(6) copying, retaining,
				  repeating, or transmitting in any manner the questions contained in any
				  examination administered by the Commission;
(7) physically abusing or threatening to
				  physically abuse a Commission employee during the performance of his lawful
				  duties;
(8) conduct which is
				  willful, flagrant, or shameless or which shows a moral indifference to the
				  standards of the community;
(9) in
				  the practice of funeral directing or embalming, engaging in:
(A) fraud, which means an intentional
				  perversion of truth for the purpose of inducing another in reliance upon it to
				  part with some valuable thing belonging to him, or to surrender a legal right,
				  or to issue a license; a false representation of a matter of fact, whether by
				  words or conduct, by false or misleading allegations, or by concealment of that
				  which should have been disclosed, which deceives or is intended to deceive
				  another;
(B) deceit, which means
				  the assertion, as a fact, of that which is not true by any means whatsoever to
				  deceive or defraud another;
(C)
				  misrepresentation, which means a manifestation by words or other conduct which
				  is a false representation of a matter of fact;
(10) communicating directly or indirectly
				  with a Commissioner during the pendency of a complaint in connection with an
				  issue of fact or law, except upon notice and opportunity for each party to
				  participate;
(11) attempting to
				  influence a complainant or witness in any complaint case to change the nature
				  of the complaint, or withdraw the complaint by means of coercion, harassment,
				  bribery, or by force, or threat of force;
(12) retaliating or threatening to retaliate
				  against a complainant who has filed a complaint with the Commission in good
				  faith;
(13) failing to make payment
				  to a sub-contractor for consumer-related services performed by the
				  sub-contractor pursuant to an agreement with the licensee; or
(14) violating any Texas law or
				  administrative rules governing the transportation, storage, refrigeration,
				  interment, cremation, or disinterment of the dead.