TEXAS COMMISSION OF LICENSING AND REGULATION AGENDA

April 5, 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, 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 March 1, 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 ACR20150022726/452-17-0322.ACR; Respondent David Raschke
    3. Docket Number TOW20160014947, TOW20160014956/452-16-5522.TOW; Respondent Atlas Towing and Storage, LLC, d/b/a Atlas Towing and Storage LLC
    4. Docket Number TOW20140001754, TOW20140006716, TOW20140006667, TOW20150009338, TOW20140007524, TOW20140000984, TOW20150013216, TOW20130018255, TOW20150014939/452-15-3018.TOW, 452-15-4635.TOW, 452-15-4637.TOW, 452-15-4638.TOW, 452-15-4884.TOW, 452-15-5189.TOW, 452-15-5322.TOW; Respondent Merlin Transport, Inc. d/b/a Merlin Transport Corporation d/b/a Excalibur Towing Company
    5. Docket Number VSF20140000060/452-15-4636.VSF; Respondent Merlin Transport, Inc. d/b/a Universal Storage Facility
    6. Docket Number VSF20150019377/452-15-5190.VSF; Respondent Pendragon Transportation, LLC d/b/a Universal Storage Facility
    7. Docket Number MID20170009063/537-16-2676; Respondent Mary Littlefield
    8. 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 TOW20150009122 & TOW20150012986/452-16-0052; Respondent Black Bull Towing, LLC
    2. Docket Number ELC20170004306; Respondent Jesus Lopez, Jr.
    3. Docket Number TOW20160026599; Respondent Sandra Anderson d/b/a Anderson Recovery
  8. Discussion and possible action to approve TDLR’s Internal Audit Plan for Fiscal Year 2017.

  9. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 68, §§68.10, 68.20, 68.30, 68.31, 68.50 - 68.54, 68.60, 68.70, 68.74 - 68.76, 68.90, 68.93 and 68.102; proposed repeal of current §68.55 and §68.80; and proposed new §68.80 and §68.103. The proposed rules clarify inconsistencies; align the rules with state and federal accessibility standards; remove redundant and outdated provisions; provide registered accessibility specialist with the flexibility to submit variance applications; and remove state government from private business decisions, regarding the Elimination of Architectural Barriers program.

  10. Discussion and possible action on the proposed amendments to the existing rules at 16 Texas Administrative Code, Chapter 75, §§75.10, 75.25, 75.30, 75.70 and 75.110. The proposed amendments add definitions, clarify license exemptions, require verification of on-the-job experience, and update outdated portions of rules, regarding the Air Conditioning and Refrigeration program.
  11. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • Legislative update
      • TAMU School of Law – March 2, 2017
      • NAPEO Leadership Conference – March 21, 2017
      • Executive Women in Texas Government – March 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
      • Bill Analysis and Cost Estimate Teams
      • Social Media key statistics & update
      • External Stakeholder’s Visit/Meeting
      • Current projects
      • Customer Service statistics and trends
      • Implementation of new programs
      • Personnel changes
    3. Compliance Division
      • Health Professions Staff
        • Consolidation Team activities
        • Informational Forums related to Phase 2 Health Profession Program transfers
      • Compliance Division Staff
      • Trainings/Presentations
      • Participation in Advisory Board meetings
      • Statistics and trends
      • Personnel changes
      • Barber/Cosmetology Programs staff support of exam development activities
      • Electricians Program staff participation in reciprocity efforts
      • Driver Education & Safety Program staff assistance with response to driving school closures
    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. General Counsel Office
      • Update on rulemaking
      • Update on Phase II of transferring programs from the Department of State Health Services
      • Speaking engagements and training
      • Case, collections and open records statistics and trends
      • Implementation of new programs
      • Information Security – Medical Privacy Webinar
      • Personnel changes
      • Internal Audit Contract Solicitation
    8. Human Resources Office
      • Human Resources statistics and trends
      • Personnel changes
    9. Information Technology Division
      • Recent accomplishments & current activities
      • Current activities
      • IT statistics and trends
      • Personnel changes
    10. Licensing Division
      • Recent accomplishments
      • Licensing statistics and trends
      • Implementation of new programs
      • Personnel changes
    11. 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
  12. Approval of appointments of members to Advisory Board, including appointment of presiding officers:
    • Air Conditioning and Refrigeration Contractors Advisory Board
    • Board of Boiler Rules
    • Advisory Board on Cosmetology
    • Driver Training and Traffic Safety Advisory Committee
    • Electrical Safety and Licensing Advisory Board
    • Speech-Language Pathologists and Audiologists Advisory Board
  13. Advisory Board Report
    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Architectural Barriers Advisory Committee – 03/07/17
    • Air Conditioning and Refrigeration Contractors Advisory Board – 03/08/17
    • Combative Sports Advisory Committee – 03/24/17
    • Midwives Advisory Board – 03/27/17
    • Polygraph Advisory Committee – 03/28/17
  14. 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*
  15. Discussion of date, time and location of future Commission Meetings
  16. Adjournment