Texas Commission of Licensing and Regulation Meeting Agenda

February 20, 2018, 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).

Watch the meeting 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 the contested case, motions for rehearing, and public comment processes.

  1. Call to Order
  2. Roll Call, Certification of Quorum and introductions
  3. 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*
  4. 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:
      • Docket Number BRE20160016879/452-17-2424.BRE, Respondent Brinda C. Redwine d/b/a Giant German Shepherds, which was previously heard by the Commission on December 15, 2017.
    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.
  5. Action on items discussed in Executive Session
  6. Approval of Minutes – Meetings of October 20, 2017 and December 15, 2017
  7. Contested Cases - consideration and possible action (heard before SOAH)
    1. Docket Number COS20170009421/452-17-5252.COS, Respondent Tony Huu Nguyen d/b/a Best Nails
    2. Docket Number ELC20170005126/452-17-3784.ELC, Respondent Jorge Rojas
    3. Docket Number ELC20170010212/452-17-5442.ELC, Respondent Michael D. Walker
    4. Docket Number ELC20170012860/452-18-0001.ELC, Respondent Timothy C. Wetsel
    5. Docket Number ELC20170016744/452-17-4921.ELC, Respondent Jason A. Tucker, Sr.
    6. Docket Number ELC20170017012/452-17-3637.ELC, Respondent Randy Dale Tibbs
    7. Docket Number ELC20170018398/452-17-4847.ELC, Respondent William H. Hernandez
    8. Docket Number HFD20170019975/452-17-5332.HFD, Respondent Jesus C. Gonzalez
    9. Docket Number TOW20170011992/452-17-4947.TOW, Respondent Robert L. Brown
    10. Docket Number TOW20170008937/452-18-0138.TOW, Respondent Capital Tow, Inc. d/b/a Eric’s Towing also d/b/a Capital Tow
    11. Docket Number ELC20170019550/452-17-5120.ELC, Respondent Johnny Lee Spinelli
    12. Docket Number TOW20170003463/452-17-2357.TOW, Respondent Michael Earl Short
  8. 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 BAR20170023497, Respondent Salvador Garcia
    2. Docket Number COS20160025166, Respondent Derma LLC
    3. Docket Number COS20170019869, Respondent Jauanna Lisa Newman d/b/a Cowgirls in Lace Salon
    4. Docket Number COS20170022674, Respondent Bo Liu d/b/a Polo Nails Plus
    5. Docket Number ELE20160008506 & ELE20160010250, Respondent Jason Manning
    6. Docket Number TOW20160017140, Respondent Lightning Roadside Assistance LLC d/b/a Lightning Towing & Recovery
    7. Docket Number TOW20160021987, TOW2016002226, TOW20170002876 & TOW20170014195, Respondent Claude Woodard and Jenny Lynn Carter-Woodard d/b/a Day and Night Wrecker Service
    8. Docket Number TOW20170018756, Respondent Fidel Cortez d/b/a Apollo Towing
  9. Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 76, §§76.10, 76.62, 76.70, 76.72, 76.100, 76.101, 76.105, 76.107, and 76.111, in response to the four-year rule review regarding Water Well Drillers and Pump Installers program.
  10. Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 84, Subchapter A, §84.2; Subchapter C, §84.41 and §84.44; Subchapter D, §84.51; Subchapter E, §84.62; Subchapter F, §84.70; Subchapter M, §§84.500, 84.502 and 84.503; and Subchapter N, §84.600, to implement changes from the 85th Legislature, Regular Session (2017), regarding the Driver Education and Safety program.
  11. Discussion and possible action on the proposed new rules at 16 Texas Administrative Code, Chapter 92, §§92.1, 92.10, 92.20 - 92.22, 92.30 - 92.32, 92.51, 92.52, 92.60, 92.80, 92.90, 92.91 and 92.95, to implement House Bill 162, 85th Legislature, Regular Session (2017), which established the registration of Course Providers and Online Responsible Pet Owner courses
  12. Discussion and possible action to approve a revised penalty matrix for the Electricians program.
  13. Approval of appointments of members to Advisory Board, including appointment of presiding officers:
    • Advisory Board on Barbering
    • Advisory Board on Cosmetology
    • Auctioneer Advisory Board
    • Code Enforcement Officers Advisory Committee
    • Dietitians Advisory Board
    • Driver Training and Traffic Safety Advisory Committee
    • Dyslexia Therapists and Practitioners Advisory Committee
    • Elevator Advisory Board
    • Massage Therapy Advisory Board
    • Polygraph Advisory Committee
    • Property Tax Consultants Advisory Council
    • Registered Sanitarian Advisory Committee
    • Speech-Language Pathologists and Audiologists Advisory Board
  14. Appointment of Commission Strategic Planning Workgroup.
  15. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • Organizational and Personnel changes
      • Strategic Planning updates
      • Presentations and meetings:
        • Electrical Safety and Licensing Program Summit – January 11, 2018
        • Be The One – Human Trafficking Event – January 18, 2018
        • Sunset Commission Meeting with DPS Review Team – January 19, 2018
        • Statewide Accessible Transportation Panel – January 25, 2018
        • House Homeland Security and Public Safety Interim Hearing – February 1, 2018
        • Accessibility Professionals Association (APA) Tribute to George Ferrie – February 2, 2018
        • State Employees Charitable Campaign (SECC) Award Ceremony – February 8, 2018
        • Agreed Orders, Default Orders and Cease & Desist Orders
    2. Office of Strategic Communication (OSC) & Customer Service Division
      • Customer Service statistics and trends
      • Social Media key statistics & update
      • Current projects
      • Personnel changes
      • Accomplishments
    3. Compliance Division
      • Business and Building Activities
      • Medical and Health Professions Activities
      • Business and Mechanical Activities
      • Current Projects
      • Personnel changes
      • Accomplishments
    4. Education & Examination Division
      • Examination statistics
      • Education, Examination and Inspection statistics and trends
      • Speaking engagements
      • Current projects
      • Personnel changes
      • Accomplishments
    5. Enforcement Division
      • Statistics and trends
      • Legislative implementation activities
      • Speaking engagements
      • Current projects
      • Personnel changes
      • Accomplishments
    6. Field Operations
      • New Technology – Electronic Inspection
      • Implementation of New Programs
      • Division Personnel Updates
      • Field Operations Inspection Statistics and Trends
      • Recent Accomplishments/Current Projects
      • Personnel changes
      • Accomplishments
    7. Financial Services
      • Financial Services Activities
      • Status of DIR-DCC Contract
      • 2018 Operating Budget
      • Auctioneer Education and Recovery Fund
    8. General Counsel Office
      • Update on rulemaking
      • Update on the status of pending Auctioneer Education Recovery Fund claims
      • Case, collections and open records statistics and trends
      • Speaking engagements and training
      • Personnel changes
      • Accomplishments
    9. Human Resources Office
      • Human Resources statistics and trends
      • Personnel changes
      • Accomplishments
    10. Information Technology Division
      • Current activities
      • Statistics and trends
      • Speaking engagements
      • Personnel changes
      • Accomplishments
    11. Licensing Division
      • Statistics and trends
      • Speaking engagements
      • Personnel changes
      • Accomplishments
    12. Office of Innovation
      • Update on Scenario Planning in process
      • Update on DSHS Phase II Consolidation
      • Update on Voice of the Customer
      • Personnel changes
      • Accomplishments
  16. Advisory Board Reports
    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Air Conditioning and Refrigeration Contractors Advisory Board – 01/03/18
    • Speech-Language Pathologists and Audiologist Advisory Board – 01/04/18
    • Water Well Drillers Advisory Council – 01/05/18
    • Advisory Board of Athletic Trainers – 01/08/18
    • Hearing Instrument Fitters and Dispensers Advisory Board – 01/10/18
    • Electrical Safety and Licensing Advisory Board – 01/11/18
    • Elevator Advisory Board – 01/18/18
    • Architectural Barriers Advisory Committee – 01/23/18
    • Industrialized Building Code Council – 01/26/18
    • Podiatric Medical Examiners Advisory Board – 01/29/18
    • Polygraph Advisory Committee – 01/31/18
    • Weather Modification Advisory Committee – 02/01/18
    • Driver Training and Traffic Safety Advisory Committee – 02/07/18
  17. Discussion of date, time and location of future Commission Meetings
  18. Adjournment