TEXAS COMMISSION OF LICENSING AND REGULATION AGENDA

January 27, 2017 - 8:30 a.m.

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

AGENDA

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) 463-6599, FAX: (512) 475-2874, E-MAIL: open.meetings@tdlr.texas.gov, TDD/RELAY TEXAS: 1-800-relay-VV (for voice), 1-800-relay-TX (for TDD).

The meeting will be broadcast on TDLR's YouTube channel at https://www.youtube.com/user/TexasLicensing .

Between 7:30 a.m. and the beginning of the meeting, the public will be able to view informational videos on contested cases, motions for rehearing, and public comment processes.

  1. Call to Order
  2. Roll Call and Certification of Quorum
  3. Executive Session
    1. Consultation with the Commission’s attorney pursuant to section 551.071(1), Government Code wherein the Commission will receive a briefing from \legal Counsel concerning pending or contemplated litigation, and/or settlement offers, including but not limited to: (a) Ashish Patel et al. v. Texas Department of Licensing and Regulation et al., Cause No. D-1-GN-09-004118, in the 345th Judicial District Court of Travis County, Texas, and (b)Texas Commission of Licensing and Regulation and Texas Department of Licensing and Regulation vs. Merlin Transport, Inc. d/b/a Merlin Transport Corporation d/b/a Excalibur Towing Company; Cause No. D-1-GN-16-005371, in the District Court of Travis County, Texas, 98thJudicial District.
    2. Advice from the Commission’s attorney on legal matters authorized by 551.071(2).
    3. Under section 551.074, Government Code, discussion of personnel matters, including but not limited to: the appointment, employment, compensation, evaluation, reassignment, duties, discipline and dismissal of the Executive Director.
    NOTE: The Commission may adjourn into Executive Session to consider any item listed on this agenda if a matter is appropriate for Executive Session discussion.
  4. Action on items discussed in Executive Session
  5. Approval of Minutes – Meeting of November 16, 2016
  6. Contested Cases - consideration and possible action (heard before SOAH)
    1. Docket Number ELC20150014720/452-16-5558.ELC; Respondent Michael C. Dean
    2. Docket Number ELC20160010627/452-16-4594.ELC; Respondent Vincente Castellanos, Jr.
    3. Docket Number ELC20160015172/452-16-3317.ELC; Respondent David Jackson
    4. Docket Number PTC20130017019/452-16-3204.PTC; Respondent Jesus M. Salinas
  7. Motions for Rehearing – The Commission may consider and take any action related to the following cases, including but not limited to, rehearing matters previously decided, modifying a prior order, or entering a new order:
    1. Docket Number COS20160011558; Respondent Lacy L. Bishop d/b/a Casa Bella
    2. Docket Number COS20160013638; Respondent Thao Vuong d/b/a Shiny Nails & Spa
    3. Docket Number TOW20160023221; Respondent Camille Y. Herron d/b/a Tri County Towing
    4. Docket Number TOW20160024655 & VSF20160025261; Respondent Chad Hart d/b/a Paradise Towing and Wrecker
    5. Docket Number TOW20140011374; Respondent Ruth Belmonte and Robert Garcia d/b/a Phoenix Towing
  8. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 55, Subchapter A, §55.1 and §55.10; and proposed new rules Subchapter F, §55.100 and §55.101, regarding the Rules for Administrative Services, to implement Senate Bill 20 and bring the Department into compliance with Texas Government Code, Chapter 2261.
  9. Discussion and possible action on the proposed repeal of existing rules at 16 Texas Administrative Code, Chapter 70, §70.100 and §70.101; and proposed new rules §70.100 and §70.101, regarding the Industrialized Housing and Buildings program, to adopt code updates.
  10. Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code (TAC), Chapter 140, §§140.1 - 140.31, regarding the Orthotists and Prosthetists program to remove duplicate and obsolete rules as a result of Senate Bill 202, which transferred the Orthotists and Prosthetists program from the Texas Department of State Health Services to the Commission and the Department.
  11. Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code (TAC), Chapter 141, Subchapter A, §§141.1 - 141.22, regarding the Dietitians program to remove duplicate and obsolete rules as a result of Senate Bill 202, which transferred the Dietitians program from the Texas Department of State Health Services to the Commission and the Department.
  12. Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code (TAC), Chapter 142, Subchapter A, §§142.1 - 142.20, regarding the Athletic Trainers program to remove duplicate and obsolete rules as a result of Senate Bill 202, which transferred the Athletic Trainers program from the Texas Department of State Health Services to the Commission and the Department.
  13. Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code (TAC), Chapter 143, Subchapter A, §§143.1 - 143.4 and 143.7; Subchapter B, §§143.11 - 143.17 and §§143.20 - 143.25; Subchapter C, §§143.31 - 143.37, and §143.40; Subchapter D, §§143.51, 143.52, 143.57, 143.58, 143.60, 143.65, 143.70, 143.75, 143.101, 143.111, 143.121, 143.131 and 143.141; and Subchapter E, §§143.161 - 143.174, regarding the Midwives program to remove duplicate and obsolete rules as a result of Senate Bill 202, which transferred the Midwives program from the Texas Department of State Health Services to the Commission and the Department.
  14. Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code (TAC), Chapter 144, §§144.1 - 144.31, regarding the Hearing Instrument Fitters and Dispensers program to remove duplicate and obsolete rules as a result of Senate Bill 202, which transferred the Hearing Instrument Fitters and Dispensers program from the Texas Department of State Health Services to the Commission and the Department.
  15. Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code (TAC), Chapter 145, Subchapter A, §145.1; Subchapter B, §§145.11 - 145.15; Subchapter C, §§145.31 - 145.33; Subchapter D, §§145.41 - 145.45; Subchapter E, §§145.61 - 145.66; Subchapter F, §§145.81 - 145.86; Subchapter G, §145.91; Subchapter H, §§145.101 - 145.104; Subchapter I, §145.111 and §145.112; Subchapter J, §145.121 and §145.122; Subchapter K, §145.141 and §145.142; Subchapter L, §§145.161 - 145.165; Subchapter M, §145.181 and §145.182; Subchapter N, §§145.191 - 145.204; Subchapter O, §§145.211 - 145.216; Subchapter P, §§145.231 - 145.233, regarding the Speech-Language Pathologists and Audiologists program to remove duplicate and obsolete rules as a result of Senate Bill 202, which transferred the Speech-Language Pathologists and Audiologists program from the Texas Department of State Health Services to the Commission and the Department.
  16. Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code (TAC), Chapter 146, Subchapter K, §§146.575 – 146.596, regarding the Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners program to remove duplicate and obsolete rules as a result of Senate Bill 202, which transferred the Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners program from the Texas Department of State Health Services to the Commission and the Department.
  17. Discussion and possible approval of the Penalty Matrix for the Athletic Trainers program.
  18. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • Introduction of Carla James, Deputy Executive Director; and Nick Voinis, Chief of Staff, Strategic Communication and Government Relations
      • Update on DSHS new programs transition – Phases I and II
      • Sunset Advisory Commission Hearings – December 8, 2016 and January 11, 2017
      • Interview on Radio Vietnam Houston and VIETV – December 15, 2016
      • November Presentations
      • December Presentations
      • January Presentations
      • Update on Commission Workshop
      • Update on Licensed Breeder Advisory Committee Activities
      • Agreed Orders, Default Orders and Cease & Desist Orders
      • Recent developments
    2. Office of Strategic Communication (OSC)
      • Social Media key statistics & update
    3. Compliance Division
      • Update on Health Professions Consolidation Team
      • Trainings/Presentations by Compliance Division staff
      • Compliance Division Staff Participation in Industry Association Events
      • Information Forums for Phase 2 Health Profession Program Transfers
      • Meetings with Department of State Health Services Staff Regarding Phase 2 Health Profession Program Transfers
      • Report to the Legislature Regarding Implementation of Senate Bill 202 from 2015 Legislative Session
      • Health Professions Programs Staff Meeting with Stakeholders
      • Compliance Division Staff Selection to Participate in 2017 Code Making Panel for National Electrical Code
      • Compliance statistics and trends
    4. Customer Service Division
      • External Stakeholder’s Visit/Meeting
      • Current projects
      • Customer Service statistics and trends
      • Implementation of new programs
      • Personnel changes
    5. Education & Examination Division
      • Recent accomplishments/current projects
      • Examination statistics
      • Education, Examination and Inspection statistics and trends
      • Implementation of new programs
      • Personnel changes
    6. Enforcement Division
      1. Enforcement statistics and trends
      2. Implementation of new programs
      3. Personnel changes
      4. Recent trainings
    7. Field Operations
      • Recent accomplishments/current projects
      • Implementation of new programs
      • Personnel changes
      • Field Operation Inspection statistics and trends
    8. Financial Services Division
      • Year-end Close and Annual Reporting
      • Division Reporting and Preparation
      • Status of DIR-DCC Contract
      • Auctioneer Education and Recovery Fund Activity
    9. General Counsel Office
      • Update on rulemaking
      • Speaking engagements and training
      • Case, collections and open records statistics and trends
      • Implementation of new programs
      • Information Security – Medical Privacy Webinar
      • Personnel changes
    10. Human Resources Office
      • Human Resources statistics and trends
      • Update on personnel policy
      • Personnel changes
    11. Information Technology Division
      • Recent accomplishments
      • Current activities
      • IT statistics and trends
      • Personnel changes
    12. Licensing Division
      • Recent accomplishments
      • Licensing statistics and trends
      • Implementation of new programs
      • Personnel changes
    13. Office of Innovation
      • Update on Veterans Meetings & Outreach
      • Update on Scenario Planning in process
      • Update on Voice of the Customer
      • Update on OI involvement with DSHS Phase II programs
  19. Approval of appointments of members to Advisory Board, including appointment of presiding officers:
    • Architectural Barriers Advisory Board
    • Auctioneer Advisory Board
    • Board of Boiler Rules
    • Dietitians Advisory Board
    • Speech-Language Pathologists and Audiologists Advisory Board
    • Water Well Drillers Advisory Council
  20. Advisory Board Report
    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Combative Sports Advisory Board – 12/02/16
    • Weather Modification Advisory Committee – 12/08/16
    • Advisory Board of Athletic Trainers – 12/12/16
    • Hearing Instruments Fitters and Dispensers Advisory Board – 01/11/17
    • Towing, Storage and Booting Advisory Board – 01/12/17
    • Orthotists and Prosthetics Advisory Board – 01/20/17
    • Midwives Advisory Board – 01/25/17
  21. Public Comment
    *Comments will be limited to no more than 3 minutes*
    *any person wishing to address the Commission should complete a Public Comment Form and submit it to the Executive Assistant*
  22. Discussion of date, time and location of future Commission Meetings
  23. Adjournment