TEXAS COMMISSION OF LICENSING AND REGULATION AGENDA

August 24, 2016 - 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.

  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) Donnika Ivy et al. v. Mike Morath, Texas Commissioner of Education, No. 15-486 in the Supreme Court of the United States.
    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 July 27, 2016
  6. Discussion and possible action to elect a Vice-Chair of Commission
  7. Contested Cases - consideration and possible action (heard before SOAH)
    1. Docket Number COS20160000452/452-16-1487.COS; Respondent Chad Douglas Muffler
    2. Docket Number TOW20140000934 & TOW20150012936/452-16-0050.TOW; Respondent Atlas Towing and Storage, LLC d/b/a Towing and Storage
    3. Docket Number VSF20160004323/452-16-3498.VSF; Respondent Cecilia Chavez
  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 ELC20150002228; Respondent Joshua R. Boyd d/b/a Joshua Boyd Electric
    2. Docket Number ELC20140013554; Respondent Quincey C. Johnson
  9. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 59, §§59.3, 59.10, 59.20, 59.21, 59.30, 59.51, 59.80 and 59.90, to update the continuing education requirements for the different professions regulated by the Department and provide general language cleanup, regarding the Continuing Education Requirements.
  10. Discussion and possible action on the proposed amendment to an existing rule at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter B, §60.24, to update the Advisory Board abolishment dates and comply with Texas Government Code, §2110.008, regarding the Procedural Rules of the Commission and the Department.
  11. Discussion and possible action on the proposed amendment to an existing rule at 16 Texas Administrative Code (TAC), Chapter 70, §70.30, to implement Senate Bill 1264, 84th Legislature, Regular Session (2015), which changed the height requirements, regarding the Industrialized Housing and Buildings Program.
  12. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 91, Dog or Cat Breeders, as a result of the four-year rule review.
  13. Discussion and possible action regarding streamlining the motion for rehearing process, including options for the Commission to delegate the approval of settlement agreements during pending motions for rehearing.
  14. Discussion and possible action on agency’s Recruitment Plan
  15. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • Agreed Orders, Default Orders and Cease & Desist Orders
      • Recent developments
        • New programs Bill Implementation activities
        • Presentations, Outreach, and Meetings with Constituent Groups
          • Retirement Reception – August 17, 2016
          • Licensing and Administrative Procedures Committee Hearing – August 23, 2016
    2. Office of Strategic Communication (OSC)
      • Social Media key statistics & update
    3. Compliance Division
      • Staff participation in Southwest Association of Athletic Trainers’ Annual Symposium
      • Presentation regarding Code Enforcement Officers at Building Officials of Texas Conference
      • Training/presentation provided by Division staff
      • Division staff participation in Association of Boxing Commissions Conference
      • Staff participation on regulatory panel at Association of Ringside Physicians conference
      • Status of Federal certification of Texas Accessibility Standards
      • Staff participation in National Electrical Reciprocal Alliance conference
      • Industrialized Building Code Council meeting
      • Update on Health Professions Consolidation Team
      • Compliance statistics and trends
      • Implementation of new programs
      • Personnel changes
    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
      • Enforcement statistics and trends
      • Implementation of new programs
      • Personnel changes
      • Recent trainings
    7. Field Operations
      • Recent accomplishments/current projects
      • Top Violations
      • Field Operation Inspection statistics and trends
      • Implementation of new programs
      • Personnel changes
    8. Financial Services Division
      • Status of DIR-DCC Contract
      • 2018-19 Legislative Appropriations Request
      • 2017 Budget Setup
      • Year-end Close and Fiscal Year Conversion
    9. General Counsel Office
      • Update on rulemaking
      • Speaking engagements and training
      • Case, collections and open records statistics and trends
      • Implementation of new programs
      • Personnel changes
    10. Human Resources Office
      • Human Resources statistics and trends
      • Implementation of new programs
      • Personnel changes
    11. Information Technology Division
      • Recent accomplishments
      • Current activities
      • IT statistics and trends
      • Implementation of new programs
      • Personnel changes
    12. Licensing Division
      • Recent accomplishments
      • Licensing statistics and trends
      • Implementation of new programs
      • Personnel changes
    13. Office of Innovation
      • Update on OI’s strategic planning process assistance
      • Update on learning organization workshops
      • Update on Dept. of Information Resources Business Analytics and Reporting Project
      • Update on Weather Modification Program outreach and DSHS Phase II
      • Innovation statistics and trends
      • Implementation of new programs
      • Personnel changes
  16. Advisory Board Report
    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Weather Modification Advisory Committee – 08/11/16
    • Hearing Instrument Fitters and Dispensers Advisory Board – 08/17/16
    • Midwives Advisory Board – 08/17/16
    • Orthotists and Prosthetists Advisory Board – 08/19/16
    • Texas Industrialized Building Code Council – 08/22/16
  17. 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*
  18. Discussion of date, time and location of future Commission Meetings
  19. Adjournment