TEXAS COMMISSION OF LICENSING AND REGULATION


A G E N D A

November 1, 2011, 9:00 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).

View the meeting with RealPlayer at http://real2.license.state.tx.us:554/ramgen/broadcast/cm110111.rm?usehostname

A. Call to Order

B. Roll Call and Certification of Quorum

Approval of Minutes - Meeting of September 28, 2011.

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)

  Docket Number Respondent

1.

ACR2010000289M/452-11-1716.ACR

George S. Garza

2.

ACR2010007133C/452-11-2111.ACR

Ricky Robertson
d/b/a Robertson Mechanical & Electrical Contractors

3.

AUC2010009592R/452-11-0697.AUC

Patrick Prochaska
d/b/a Prochaska Auction House

4.

COS2011002371D & COS2011002375D/452-11-4300.COS

Moi Nguyen and Hong Tran

5.

COS2011005742D/452-11-4487.COS

Billie Jo Kelley
d/b/a Billie’s Beauty Shop

6.

ELC2011005845L/452-11-6015.ELC

Steven Bryant

D1. Contested Cases – consideration and possible action (Order on Remand)

  Docket Number Respondent

7.

TOW2009010869D/452-11-2992.TOW

Villarreal Auto Mart LLC

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

  Docket Number Respondent

8.

ELC2010000670C/452-11-0611.ACR

Wayne Sloan
d/b/a Sloan A/C and Heating Co.

9.

TOW2009011544C, TOW2010007916C,
VSF2010007919C and VSF2010008354D/452-11-4272.TOW

Floyd Crouch d/b/a FGC Towing

10.

TOW2010003740C, TOW2010009953C, VSF2010004156C,
VSF2010008596C, VSF2010009012C, VSF2010011299C,
VSF2010012175C, and VSF2011005283D/452-11-6242.TOW

Roadside Recovery Specialist Inc.

11.

TOW2011001187C and VSF2011001203C/452-11-4149.TOW

Roan Mare Towing
d/b/a Roan Mare Transportation

12.

TOW2011001805C and VSF2011001817C/452-11-7166.TOW

Russell Shoonover
d/b/a Texas Towing & Recovery

E. Motions for Rehearing – The Commission may consider and take any appropriate action related to the following matters

  Docket Number Respondent

1.

ELC2010001441C

Depaz Fontenot

2.

TOW2010009285L

Scott Drury

3.

VSF2011006803C

Jesus Figueroa d/b/a Figueroa’s Towing & Recovery Service

F. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 68, §§68.10, 68.30, 68.31, 68.50, 68.65, 68.74, 68.76, 68.80, 68.100, 68.101, and 68.102 and the repeal of §68.103 and §68.104, regarding the Elimination of Architectural Barriers program to align current rules to comply with federal law; to adopt the 2012 edition of the Texas Accessibility Standards; and to comply with HB 1055, 81st Legislature, Regular Session (2009).

G. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 72, §§72.10, 72.20 - 72.23 and 72.40, regarding the Staff Leasing Services program, to implement the final phase of changes required in HB 2249, 81st Legislature (2009).

H. Discussion and possible action on the proposed amendment to an existing rule at 16 Texas Administrative Code (TAC), Chapter 57, §57.80, regarding the For-Profit Legal Service Contracts program, to reduce the original and renewal registration fees for sales representatives.

I. Discussion and possible action on the proposed amendment to an existing rule at 16 Texas Administrative Code (TAC), Chapter 79, §79.80 regarding the Weather Modification program, to increase the original and renewal license and permit fees.

J. Discussion and possible action on the proposed amendment to an existing rule at 16 Texas Administrative Code (TAC), Chapter 88, §88.80 regarding the Polygraph Examiners program, to reduce the application fees for an original and renewal examiner and internship license.

K. Discussion and possible action regarding the process for issuing default orders in contested cases heard before SOAH in which the respondent did not appear.

L. Staff Reports

Briefing from agency staff and discussion:

Executive Office

  • Recent developments
  • Agreed Orders, Default Orders and Cease & Desist Orders
  • Recent Presentations

Compliance Division

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

Human Resources Office

  • Update on personnel changes
  • Recent developments

Enforcement Division

  • Enforcement case statistics
  • Recent developments
  • Default Order statistics

Network Services Division

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

General Counsel Office

  • Update on rulemaking
  • Update on collections contract and collection matters
  • Update on open records statistics
  • Recent developments
  • Training

Licensing Division

  • Licensing statistics
  • Recent developments

Customer Service Division

  • Call center statistics
  • Recent developments

Information Systems Development Division

  • Update on programming projects
  • Recent developments

Education & Examination Division

  • Examination statistics
  • Update on education providers
  • Recent developments

Financial Services Division

  • Update on budget
  • Recent developments

M. Advisory Boards Reports

Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meetings:

  • Used Automotive Parts Recycling Advisory Board – 09/12/11
  • Architectural Barriers Advisory Committee – 09/13/11

N. Approval of appointments of members to Advisory Board, including appointment of presiding officers:

  • Electrical Safety and Licensing Advisory Board
  • Licensed Breeders Advisory Committee
  • Medical Advisory Committee

O. Executive Session

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

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.

P. Action on items discussed in Executive Session

Discussion and possible action on items discussed in the Executive session

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

R. Adjournment

Top of Page | TDLR Home

small image of state of texas with horizontal line on each side