TEXAS COMMISSION OF LICENSING AND REGULATION


AGENDA

December 16, 2009, 8:00 a.m.

Twin Towers Office Center
1st Floor Public Meeting Room #125E
1106 Clayton Lane
Austin, Texas

A G E N D A / TABLE OF CONTENTS

If you require auxiliary aids, services or materials in an alternate format contact the Texas Department of Licensing and Regulation at least 5 working days prior to the meeting date. Phone: (512) 463-3173, FAX: (512) 475-2874, E-MAIL: kay.mahan@tdlr.texas.gov, TDD/RELAY TEXAS: 1-800-relay-VV (for voice), 1-800-relay-TX (for TDD).

A. Call to Order

B. Roll Call and Certification of Quorum

Approval of Minutes - Meetings of November 16, 2009 and November 17, 2009

C. Public Comment (any person wishing to address the Commission should complete a Public Comment Form and submit it to the Executive Assistant)

D1. Contested Cases - consideration and possible action (heard before SOAH)

Tab

Docket Number

Respondent

1.

TOW2009008447C &
TOW2009010399D/452-09-5272.TOW

Krenek Tractor Repair & Wrecker Service, Inc.

2.

BAR2008000544D, COS2008009790D,
BAR2008009730D,
BAR2008009782D/452-08-3292.BAR

Marc T. Hayes
d/b/a Freeloaders Barber Shop

3.

COS2009005198D/452-09-3688.COS

Kathy Truc Nguyen and Thuan Nguyen
d/b/a Pampered Nails

4.

ELC2008005861S/452-09-1632.ELC

Charlie Brzozowski
d/b/a Charlie’s Handyman Service

5.

ELC2009003981S/452-09-4799.ELC

Terry Cobb
d/b/a Terry’s Handyman Service

6.

ELC2007005847C/452-09-4423.ELC

Millard G. Dorsett
d/b/a Dorsett Electrical Service

7.

BAR2009007965L/452-09-5013.BAR

Balderama Salazar

8.

ACR2009011138L/452-09-6228.ACR

Gregory S. McGowan

9.

ELC2009001587L/452-09-4193.ELC

Jerry Pruitt

D2. Contested Cases – consideration and possible action (Respondent did not appear, heard before SOAH)

Tab

Docket Number

Respondent

10.

EAB2007005898C/452-10-0380.EAB

MDS Texas Realty I LP

11.

BOX2008009552D/452-09-5298.BOX

Phillip Flathers
d/b/a No Limit Fighting

12.

ACR2008004306C/452-09-3803.ACR

James L. Molinoski
d/b/a J. Brothers A/C

13.

ELC2009006152L/452-09-3438.ELC

John F. Mullen

14.

TOW2008007762C,  TOW2008007843C/
452-09-1627.TOW, 452-09-1628.TOW

Ibrahim Said
d/b/a National Auto Collision

Tab E
E. Motions for Rehearing – consideration and possible action in the following cases

Tab

Docket Number

Respondent

1.

COS2009001621D

Jazmine N. Jaimes
d/b/a Jazmin’s Salon

2.

COS2009001632C &
COS2009001640C

Jessica Devon Nelson

3.

TOW2008008239L

John Thompson

4.

COS2009001661D

Nasim Noormuhd Rajabali

5.

TOW2008010133C

Silver Towing, LLC

6.

TOW2009006735L

Stacy Schultz

7.

COS2009001660D

Vigay Lakshami

8.

ELC2008006132I

Robert Allison

9.

ELC2009001944C & ELC2009001997C

Ronald G. Childers
d/b/a Mr. Generator of Texas, LLC

F. Advisory Board Reports
Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meetings:

  • Electrician Safety and Licensing Advisory Board
  • Medical Advisory Committee
  • Polygraph Advisory Committee
  • Used Automotive Parts Recycling Advisory Board
  • Property Tax Consultants Advisory Council
  • Tax Professional Advisory Committee

G. Discussion and possible action on the proposed adoption of amendments to an existing rule at 16 Texas Administrative Code, Chapter 66, §66.20 regarding the property tax consultant program to implement House Bill 2591, 81st Legislature, Regular Session (2009) and changes recommended by the Property Tax Consultant Advisory Council to improve the education process for new property tax consultant registrants.

H. Discussion and possible action on the proposed adoption of new rules at 16 Texas Administrative Code, Chapter 87, §§87.1, 87.10, 87.15, 87.20 - 87.26, 87.30, 87.40, 87.44 - 87.47, 87.50, 87.65, 87.70 - 87.81, 87.85, and 87.90 - 87.92 regarding used automotive parts recyclers to implement Senate Bill 1095, 81st Legislature, Regular Session (2009) which addresses the licensing and regulation of used automotive parts recyclers and used automotive parts employees engaged in the buying of vehicles and the selling of used automotive parts.

I. Discussion and possible action on the proposed adoption of new rules at 16 Texas Administrative Code, Chapter 88, §§88.1, 88.10, 88.20–88.24, 88.26–88.29, 88.40, 88.70–88.79, 88.80, 88.90, 88.91 and 88.100 regarding the licensing and examination of polygraph examiners to implement Senate Bill 1005, 81st Legislature, Regular Session (2009) which transferred the regulation of polygraph examiners from the Polygraph Examiners Board to the Texas Department of Licensing and Regulation and amended Texas Occupations Code, Chapter 1703 relating to the regulation of polygraph examiners.

J. Discussion and possible action on the proposed adoption of repeals at 22 Texas Administrative Code, Chapters 391, 393, 395, 397, and 401 relating to the Polygraph Examiner’s Board to implement Senate Bill 1005, 81st Legislature, Regular Session (2009) which transferred the regulation of polygraph examiners from the Polygraph Examiners Board to the Texas Department of Licensing and Regulation and amended Texas Occupations Code, Chapter 1703 relating to the regulation of polygraph examiners.

K. Discussion and possible action on the proposed adoption of new rules at 16 Texas Administrative Code, Chapter 94, §§94.1, 94.10, 94.20, 94.22, 94.25, 94.26, 94.70 - 94.73, 94.80, 94.90, 94.91, and 94.100 regarding the property tax professionals program to implement House Bill 2447, 81st Legislature, Regular Session (2009) which transferred the regulation of property tax professionals from the Board of Tax Professional Examiners to the Texas Department of Licensing and Regulation and amended Texas Occupations Code, Chapter 1151 relating to the regulation of property tax professionals.

L. Discussion and possible action on the proposed adoption of repeals at 22 Texas Administrative Code, Chapters 621, 623, 624, 625, 627, 628, 629, 630, and 631 regarding the property tax professionals program to implement House Bill 2447, 81st Legislature, Regular Session (2009) which transferred the regulation of property tax professionals from the Board of Tax Professional Examiners to the Texas Department of Licensing and Regulation and amended Texas Occupations Code, Chapter 1151 relating to the regulation of property tax professionals.

M. Discussion and possible action to approve Criminal Conviction Guidelines for the Polygraph Examiners and Trainees program

N. Discussion and possible action to approve Criminal Conviction Guidelines for the Identity Recovery Service Contract Providers program

O. Discussion and possible action to approve Criminal Conviction Guidelines for the Used Automotive Parts Recyclers and Employees program

P. Staff Reports
Briefing from staff and discussion:

Executive Office

  • Recent developments

Assistant Deputy Executive Director Report

  • Data Center Services Update
  • Audit Update

Compliance Division

  • Update on inspection activities
  • Trainings and speaking engagements
  • Recent developments

Customer Service Section

  • Call center statistics
  • Recent developments

Education & Examination Division

  • Examination statistics
  • Update on education providers
  • Update on examination vendor solicitation
  • Recent developments

Enforcement Division

  • Enforcement case statistics
  • Recent developments

Financial Services Section

  • Update on budget
  • Recent developments

General Counsel Office

  • Update on rulemaking
  • Update on collections contract
  • Recent developments
  • Training and speaking engagements

Human Resources Office

  • Update on personnel changes
  • Recent developments

Information Systems Development Section

  • Update on programming projects
  • Recent developments

Licensing Division

  • Licensing statistics
  • Recent developments

Networking Section

  • Update on data center consolidation
  • Update on networking projects
  • Recent developments

Q. Approval of appointments of members to Advisory Board:

  • Elevator Advisory Board

R. Executive Session

  1. Consultation with staff attorney pursuant to section 551.071, Government Code wherein the Commission will receive a briefing from General Counsel and Department staff concerning pending or contemplated litigation and settlement offers.
  2. Under section 551.074, Government Code, discussion of personnel matters.
  3. Under section 551.074, Government Code, discussion of evaluation of executive director.

NOTE: The Commission may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion.

S. Action on items discussed in Executive Session
Discussion and possible action on items discussed in the Executive session

T. Discussion of date, time and location of future Commission meetings

U. Adjournment

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