Section 479.2 - Application and Inspection of Facilities(a) Application. An institution applying for authorization to receive and hold bodies must apply in writing to the secretary-treasurer of the board. Such application must contain a short description of the facilities to be utilized and should suggest suitable dates for a site visit by designated members of the board. All authorized institutions planning significant alterations of their facilities should advise the board early in the process of changes proposed.(b) Search organizations applying for authorization to receive and hold bodies have additional requirements: (1) documents demonstrating authorization by a sponsoring local or county law enforcement agency for the search organization's use of human remains detection canines; (2) documents demonstrating the search organization's exemption from federal taxation under 501(c) of the Internal Revenue Code of 1986; (3) documents demonstrating the search organization's protocols for the handling and storage of bodies or parts thereof.(c) Inspection. (1) The inspection team. (A) New facilities. An inspection subcommittee of the board, composed of at least two members of the board, shall visit all new facilities, including any existing facilities that have undergone major renovation. Such inspections shall be made within 60 days of the receipt of a request for inspection.(B) Inspection. Approved facilities. All approved facilities shall be reinspected from time to time on a periodic basis not more than every five years by at least one member of the board from an institution other than the facility being inspected. Search organizations and forensic science programs utilizing WBP specimens shall be reinspected from time to time on a periodic basis not more than every three years. Advance notice of such reinspections shall be given.(C) Facilities where deficiencies have been cited. All facilities which have been disapproved, or where a deficiency has been cited on inspection or reinspection, may be visited by a reinspection subcommittee composed of at least one member of the board from an institution other than the facility being reinspected. This reinspection, when deemed necessary, shall be made within 60 days of notice to the secretary-treasurer that the corrections have been accomplished. Advance notice of such reinspections shall be given.(2) Reports of inspection and reinspection. (A) Approved facilities. Where the inspection subcommittee finds no reason to deny approval of the inspected facilities, they so report in writing to the secretary-treasurer. Upon acceptance of the report by a majority of the board, the secretary-treasurer shall notify the institution concerned of such approval of its facilities and authorize it to receive and hold bodies.(B) Disapproved facilities. (i) Needed corrections cited in writing. When the inspection subcommittee notes deficiencies which require remedy before approval can be granted, they shall so report, in detail, in writing to the secretary-treasurer of the board, who shall notify the institution promptly of these deficiencies. It would be well if the inspection subcommittee discussed deficiencies found with the concerned institution personnel before departing from the site.(ii) Requirement for immediate action. When an institution is advised of deficiencies uncovered by an inspection subcommittee, it is obligated to effect immediate correction of the deficiency or deficiencies. Delay in effecting the required corrections will delay granting approval of new facilities and may threaten continued approval of existing facilities.(iii) Suspension of authorization. Unnecessary delay in making required correction(s) of deficiencies uncovered by inspection or reinspection may, by majority vote of the board, result in denial or withdrawal of approval of the facility and withholding or suspension of authorization to receive and hold bodies. Shall an organization, institution, or individual object to such determination by the board, it may request a hearing pursuant to § 483.1 of this title (relating to Hearing Procedures).(3) Costs of inspection and reinspection. All costs attendant on the program of inspection and reinspection shall be borne by the board.25 Tex. Admin. Code § 479.2
The provisions of this §479.2 adopted to be effective January 1, 1976; amended to be effective August 11, 1986, 11 TexReg 3406; amended to be effective January 7, 2001, 26 TexReg 200; Amended by Texas Register, Volume 41, Number 36, September 2, 2016, TexReg 6754, eff. 9/11/2016