TEXAS COMMISSION OF LICENSING AND REGULATION AGENDA

March 1, 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: 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, 98th Judicial 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 January 27, 2017
  6. Contested Cases - consideration and possible action (heard before SOAH)
    1. Docket Number VSF20150002316/452-16-2937.VSF; Respondent Alexander Ford-Mercury, Inc. d/b/a Alexander Ford
    2. Docket Number BAR20160003222/452-16-4219.BAR; Respondent Darrell Dewayne George
    3. Docket Number ELC20160005539/452-16-1161.ELC; Respondent Chad M. Riggs
    4. Docket Number ELC20160020298/452-16-5634.ELC; Respondent Daniel Makin
    5. Docket Number ELC20160026440/452-16-5896.ELC; Respondent Travis B. Napoleon
    6. Docket Number TOW20160021719/452-16-5494.TOW; Respondent Bernard Claudius Thorton, Jr.
    7. Docket Number ELC20160018775/452-16-5374.ELC; Respondent Ron Gene Tolbert
    8. Docket Number ELC20160018847/452-16-5687.ELC; Respondent Jose L. Perez
    9. Docket Number TOW20160015097/452-16-4564.TOW; Respondent David A. Stipe
    10. Docket Number TOW20160014449/452-16-4318.TOW; Respondent Michael Terry d/b/a Terry’s Wrecker Service
    11. Docket Number ACR20140012469/452-16-3639.ACR; Respondent Kenneth Dwane Meyers
  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 COS2015002364; Respondent Thida Pen aka Channary Pen
    2. Docket Number APR20170003598; Respondent Ronda Used Auto Parts Inc.
  8. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 57, For-Profit Legal Service Contract Companies, as a result of the four-year rule review.
  9. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 59, Continuing Education Requirements, as a result of the four-year rule review.
  10. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 60, Procedural Rules of the Commission and the Department, as a result of the four-year rule review.
  11. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 70, Industrialized Housing and Buildings program, as a result of the four-year rule review.
  12. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 72, Professional Employer Organization, as a result of the four-year rule review.
  13. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 73, Electricians, as a result of the four-year rule review.
  14. Discussion and possible action on the proposed repeal of current rules at 16 Texas Administrative Code (TAC), Chapter 84; the proposed new rules at 16 TAC, Chapter 84. The proposed repeal allows for new rules that streamline and reorganize the rules for public ease; remove excessive and burdensome regulatory requirements; clarify licensing requirements; and correct agency references from TEA to the Department, regarding the Driver Education and Safety program.
  15. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 85, Vehicle Storage Facilities program, as a result of the four-year rule review.
  16. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 86, Vehicle Towing and Booting program, as a result of the four-year rule review.
  17. Discussion and possible approval of the Penalty Matrix for the Orthotists and Prosthetists program.
  18. Discussion and possible action to approve a penalty matrix for the Midwives program
  19. 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
      • Governor’s State of the State Address
      • Legislative update
      • EOT opens new lobby
      • Senate Finance Committee Hearing – February 14, 2017
      • Texas Association of Electrical Workers Annual Convention – February 15, 2017
      • State Employees Charitable Campaign Awards Ceremony – February 15, 2017
      • Texas Association of Appraisal Districts Annual Conference – February 22, 2017
      • HUB Update
      • Update on Licensed Breeder Advisory Committee Activities
      • Agreed Orders, Default Orders and Cease & Desist Orders
    2. Office of Strategic Communication (OSC) & Customer Service Division
      • Social Media key statistics & update
    3. Compliance Division
      • Trainings/Presentations by Compliance Division staff
      • Compliance Division Staff Participation in Industry Association Events
      • Compliance Division staff coordination efforts for informational Forums related to Phase
        2 Health Profession Program Transfers
      • Compliance Division Staff Selection to Participate in 2017 Code Making Panel for National
        Electrical Code
      • Compliance statistics and trends
    4. Education & Examination Division
      • TPDEA Summit – February 11, 2017
      • Recent accomplishments/current projects
      • Examination statistics
      • Education, Examination and Inspection statistics and trends
      • Implementation of new programs
      • Personnel changes
    5. Enforcement Division
      • Enforcement statistics and trends
      • Implementation of new programs
      • Personnel changes
    6. Field Operations
      • New Technology – Mobile Inspection
      • Recent accomplishments/current projects
      • Implementation of new programs
      • Personnel changes
      • Field Operation Inspection statistics and trends
    7. Financial Services Division
      • House & Senate Recommended Appropriations for 2018-19
      • Status of DIR-DCC Contract
      • USAS/ABEST Reconciliation
    8. 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
    9. Human Resources Office
      • Human Resources statistics and trends
      • Personnel changes
    10. Information Technology Division
      • Recent accomplishments & current activities
      • Current activities
      • IT statistics and trends
      • Personnel changes
    11. Licensing Division
      • Recent accomplishments
      • Licensing statistics and trends
      • Implementation of new programs
    12. Office of Innovation
      • Update on Scenario Planning in process
      • Update on DSHS
      • Update on Voice of the Customer
      • Update on OI involvement with DIR/BAR Pilot and VERSA Reporting
  20. Approval of appointments of members to Advisory Board, including appointment of presiding officers:
    • Advisory Board of Athletic Trainers
    • Advisory Board on Cosmetology
    • Combative Sports Advisory Board
    • Hearing Instrument Fitters and Dispensers Advisory Board
    • Midwives Advisory Board
    • Orthotists and Prosthetists Advisory Board
    • Texas Tax Professional Advisory Committee
  21. Advisory Board Report
    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Licensed Breeders Advisory Committee – 01/30/17
    • Driver Training and Traffic Safety Advisory Committee – 02/08/17
    • Board of Boiler Rules – 02/22/17
    • Speech-Language Pathologists and Audiologists Advisory Board – 02/24/17
  22. 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*
  23. Discussion of date, time and location of future Commission Meetings
  24. Adjournment