Texas Commission of Licensing and Regulation Meeting Agenda

October 1, 2019 8:30 a.m.
Twin Towers Office Center
1106 Clayton Lane
1st Floor Public Meeting Room #125E
Austin, Texas

COMMISSION MEETING AGENDA

October 1, 2019 8:30 a.m.

If you are planning to attend this meeting and need auxiliary aids, services or materials in an alternate format contact the Texas Department of Licensing and Regulation at least 5 working days before 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.

A. Call to Order and Invocation

B. Roll Call and Certification of Quorum

PUBLIC COMMENT

C. 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 Commission Liaison*

EXECUTIVE SESSION

D. Executive Session – held in 1st Floor Commission Executive Session Meeting Room

  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.
  2. Advice from the Commission’s attorney on legal matters authorized by Section 551.071(2), Government Code.

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.

E. Action on items discussed in Executive Session

MINUTES

F. Approval of Minutes – Meeting of July 15, 2019

CONTESTED CASES

G. Contested Cases - consideration and possible action (heard before State Office of Administrative Hearings)

Item Case / Docket Number Respondent
1 BAR20180002908 / 452-19-1476.BAR Brandon Rollerson
2 MAS20180013502 / 452-19-1089.MAS Lissette Martinez
3 MAS20180012945 / 452-19-2881.MAS Wei Tang
4 ELC20190003205 / 452-19-4338.ELC James Leo Farmer, Jr.
5 ELC20180013227 / 452-19-2151.ELC

Brianson Eberhart d/b/a

Eberhart Electric

6 TOW20180014259 / 452-18-4987.TOW Allied Collision Center, Inc.
7 TOW20180013600 / 452-19-1670.TOW Eric Hovelson and Amie Griffin d/b/a Blue Collar Towing
8 TOW20180010406, TOW20170018348, TOW20180008303 / 452-18-4947.TOW Euro Star Wreckers, LLC
9 ELC20180006696, ELC20180006698, ELC20180006701 / 452-19-2465.ELC Paulo C. Galarce d/b/a G.E.N.R.8 Electric LLC

MOTIONS FOR REHEARING

H. 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:

Item Case / Docket Number Respondent
1. DOCKET NO. 452-19-1455.ELC; ELC20180006686 Nathin L. Jwanouskos
2. ELC20180009034 Willie Allen Howard, III
3. ELC20180013567 Glenn Stanley

I. Discussion and possible action regarding streamlining the process of authorizingthe Presiding Officer to sign Orders in Contested Cases and Motions for Rehearing.

RULES

J. Discussion and possible action on proposed amendments to an existing rule at Texas Administrative Code (TAC), Chapter 85, §85.722; regarding the Vehicle Storage Facilities program. The proposed rule implements House Bill 1140, 86th Legislature, Regular Session (2019).

K. Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter C, §112.25, regarding the Hearing Instrument Fitters and Dispensers Program. The proposed amendments update the requirements regarding examination proctors.

CRIMINAL CONVICTIONS/PENALTY MATRICES

L. Discussion and possible action to approve the Criminal Conviction Guidelines for Offender Education Programs

M. Discussion and possible action to approve updates to the Penalty Matrices for the Towing and Vehicle Storage Facility Program

AUDITS

N. Discussion and possible action to approve the Fiscal Year 2019 Annual Internal Audit Report including review of the Fiscal Year 2019 audit and follow-up of prior years’ audits.

O. Discussion and possible action to approve the Fiscal Year 2020 Internal Audit Plan.

TRAINING

P. Presentation and discussion on the Sunset Review Process

  1. Overview of Texas Department of Licensing Regulation Sunset Review Process and the Self Evaluation Report

STAFF REPORTS

Q. Staff Reports

Briefing from agency staff on monthly activities, statistical data, personnel changes,

Communications and public outreach. May include discussion of the following topics:

Executive

1. Executive Office, Office of General Counsel, Human Resources Division, Office of Strategic Communications and Office of Project and Transformation Management:

  • Agreed Orders, Default Orders and Cease & Desist Orders
  • Social Media Key Statistics and Update
  • Motion for Rehearing, Open Records, and Collections Report
  • Update on Rulemaking
  • Current Projects
  • Agency Statistics and Trends
  • Outreach Efforts and Training
  • Organizational/Personnel Changes
  • Recent Accomplishments

Regulatory Affairs

2. Customer Service Division , Enforcement Division, Field Inspections Division, and Regulatory Program Management Division:

  • Current Projects
  • Statistics and Trends
  • Outreach Efforts and Training
  • Organizational/Personnel Changes
  • Recent Accomplishments

Administrative Services

3. Financial Services Division, Education & Examination Division, Information Technology Division, and Licensing Division:

  • Post Payment Audit
  • Appropriations
  • Current Projects
  • Statistics and Trends
  • Speaking Engagements and Training
  • Organizational/ Personnel Changes
  • Recent accomplishments

NEXT MEETING

R. Discussion of date, time, and location of future Commission Meetings

S. Adjournment