TEXAS COMMISSION OF LICENSING AND REGULATION AGENDA

October 5, 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 August 24, 2016
  6. Contested Cases - consideration and possible action (heard before SOAH)
    1. Docket Number ACR20140006024/452-16-3098.ACR; Respondent Marvin Wesley Parker
    2. Docket Number ACR20150012391/452-16-1730.ACR; Respondent Richard H. Barnet
    3. Docket Number ELC20160002076/452-16-3019.ACR; Respondent Karlos M. Arthur
    4. Docket Number ELC20160008626/452-16-4010.ELC; Respondent Daniel Troy Smith
    5. Docket Number ELC20160009467/452-16-4185.ELC; Respondent Henry N. Landin
  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 TOW20120003535, TOW20130008162, TOW20130005860, TOW20130013773, TOW2013006111, TOW20130021490, TOW20130022330, TOW20130008210, TOW20140002389, TOW20140008614, VSF20130008792, TOW2014008480, TOW20130023981, VSF20130008251, VSF20130018035, TOW20130008649, VSF20130010825, TOW20130013366, TOW20140002737/452-14-3330.TOW; Respondent Merlin Transport, Inc. d/b/a Excalibur Towing
    2. Docket Number VSF20140004016, VSF20140008529, VSF20140010543 & VSF20140011656/452-14-4710.VSF; Respondent Pendragon Transportation LLC d/b/a Universal Storage Facility
    3. Docket Number VSF20160001767 & VSF20160010231; Respondent Avalon Storage Services LLC
    4. Docket Number TOW20160010242, VSF20160010238, & TOW20160005687; Respondent Merlin Transport, Inc. d/b/a Merlin Transport Corporation d/b/a Excalibur Towing Company d/b/a Universal Storage Facility
    5. Docket Number APR20160016954; Respondent Richard E. Redner, Sr. d/b/a South Texas Core
    6. Docket Number BAR20160013182; Respondent Eric Lanorris Stone d/b/a Jarhead’s HQ Barber Shop
    7. Docket Number BAR20160010230; Respondent Heribeto Frausto Jimenez d/b/a Erick’s Barber Shopy
    8. Docket Number ELC20140012675; Respondent Willie D. Deason
    9. Docket Number TOW20150000683 & VSF20150000712; Respondent Gary Tate d/b/a Auto Specialty
  8. Review and discussion of the State Auditor’s Audit Report on Financial Processes at the Department of Licensing and Regulation.
  9. Review and discussion of Internal Audit Report on Tow Trucks, Booting, and Vehicle Storage Facilities Program and Water Well Drillers and Pump Installers Program.
  10. Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 100, §§100.1, 100.10, 100.20, 100.30 and 100.40, to implement Senate Bill 202, which added new provisions to the Department’s enabling statute by creating §51.2031, regarding the General Provisions for Health-Related Programs.
  11. 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, including an overview of the rulemaking and rule review process.
  12. Discussion and possible action to approve the Criminal Conviction Guidelines for the Midwifery program.
  13. Discussion and possible action to approve the Criminal Conviction Guidelines for the Dietitians program
  14. Training for Commissioners on medical information and privacy
  15. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • Update on Phase I of new programs transition
      • Presentations, Outreach, and Meetings with Constituent Groups
        • New programs Bill Implementation activities
        • Presentations, Outreach, and Meetings with Constituent Groups
          • Governor’s Office Budget Hearing – August 25, 2016
          • Governor’s Transitioning Veterans’ Initiative – August 30, 2016
          • Advanced Texas Administrative Law Seminar; Chapter 55
          • Implementation: Veterans and Licensing – September 1, 2016
          • Texas Education Workforce Summit – September 19, 2016
          • Texas Coordinating Council for Veterans Services – September 21, 2016
          • Texas Coalition of Massage Schools and Instructors – September 23, 2016
    2. Office of Strategic Communication (OSC)
      • Social Media key statistics & update
    3. Compliance Division
      • Update on new Compliance Health Professions Section
        • Update on Health Professions Consolidation Team
      • Staff participation of Tow/VSF staff in Association Meetings and Workshop Presentations
      • Ongoing ACR Program Compliance and Enforcement collaboration
      • Training/presentation outreach efforts by Architectural Barriers Program staff
      • Staff participation in Armstrong McCall World’s Fair Hair Show
      • Presentation provided by Elevator program staff
      • Elevator Plan Reviews
      • Personnel changes
      • Compliance statistics and trends
    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
      • Year-end Close and Fiscal Year Conversion
      • Collections from Attorney General’s Office
      • SORM Assessment for FY 2017
      • CAPPS 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
      • Update on personnel policy
      • 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 Veterans Meetings & Outreach
      • Update on Scenario Planning in process
      • Update on Voice of the Customer
      • OI’s strategic planning process assistance
      • Update on learning organization workshops
      • Update on Dept. of Information Resources Business Analytics and Reporting Project
  16. Approval of appointments of members to Advisory Board, including appointment of presiding officers:
    • Auctioneer Advisory Board
    • Dyslexia Therapists and Practitioners Advisory Committee
    • Towing, Storage and Booting Advisory Board
  17. Advisory Board Report
    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Dietitians Advisory Board – 09/15/16
    • Advisory Board of Athletic Trainers – 09/19/16
    • Driver Training and Traffic Safety Advisory Committee – 09/22/16
    • Speech-Language Pathologist and Audiologists Advisory Board – 09/23/16
    • Licensed Breeders Advisory Committee – 09/26/16
    • Towing, Storage and Booting Advisory Board – 09/27/16
    • Combative Sports Advisory Board – 09/30/16
  18. 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*
  19. Discussion of date, time and location of future Commission Meetings
  20. Adjournment