TEXAS COMMISSION OF LICENSING AND REGULATION AGENDA

October 20, 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).

Listen to 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.

NOTE: Items F (Contested Cases) and G (Motions for Rehearing) will not be heard until 8:30 a.m., October 20, 2017.

  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.
    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 18, 2017
  6. Contested Cases - consideration and possible action (heard before SOAH)

    Item Docket Number Respondent
    1. AUC20160024646/452-17-3711.AUC Darrell Wayne Narcisse
    2. ELC20150011714/452-17-2703.ELC Carlos Casas
    3. ELC20160002416/452-16-4664.ELC Rigoberto Martinez
    4. BAR20170002791/452-17-3472.BAR Teodoro “Teddy” M. Hernandez
    5. TOW20160026975/452-17-2249.TOW John Manuel Benitez
    6. TOW20170009935/452-17-2982.TOW Jeremy D. Latham
    7. BRE20160016879/452-17-2424.BRE Brinda C Redwine d/b/a Giant German Shepherds
  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:

    Item Docket Number Respondent
    1. COS20170016199 Senaida West
    d/b/a Absolute Perfections
    2. COS20170018593 Nam Huu Nguyen
    d/b/a Nail R Us
    3. COS20160026915/452-17-3369.COS That Van Huynh
    d/b/a Regal Nails
    4. ELC20170003673/452-17-2356.ELC Willie Deason
    5. VSF20170017216 Ricardo Rios
    d/b/a City Wrecker
    6. VSF20170017220 Ricardo Rios
    d/b/a City Wrecker
    7. TOW20160027043 Rene M. Mares
    8. VSF20170016982 Keith T. Campbell
    d/b/a Belton Collision Center Inc.
    d/b/a Harker Heights Towing
  8. Review, discussion, and possible action to approve the Fiscal Year 2017 Annual Internal Audit Report.
  9. Discussion and possible action to appoint a Human Resources Workgroup
  10. Discussion and possible action to consider proposals received in response to Request for Qualification for Internal Audit Services and to authorize the Department to enter into a contract with the selected vendor.
  11. Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 95, §§95.1, 95.2, 95.10, 95.20 - 95.23, 95.30, 95.31, 95.40, 95.50, 95.51, 95.70 - 95.72, 95.80, 95.90, 95.91 and 95.100, to implement House Bill 100, 85th Legislature, Regular Session (2017), which established Chapter 2402 of the Texas Occupations Code that authorizes statewide regulation of Transportation Network Companies.
  12. Discussion and possible approval of the Criminal Conviction Guidelines for the Dyslexia Therapists and Practitioners program
  13. Discussion and update on the revised Informed Choice and Disclosure form in the Midwives program
  14. Approval of appointments of members to Advisory Board, including appointment of presiding officers:
    • Behavior Analyst Advisory Board
    • Code Enforcement Officers Advisory Committee
    • Massage Therapy Advisory Board
    • Registered Sanitarian Advisory Committee
    • Towing and Storage Advisory Board
    • Architectural Barriers Advisory Committee
    • Dietitians Advisory Board
    • Driver Training and Traffic Safety Advisory Committee
    • Polygraph Advisory Committee
    • Speech-Language Pathologists and Audiologists Advisory Board
  15. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • Bill Implementation Overview
      • Commission Portal
      • Hurricane Harvey Response
      • Texas Podiatric Medical Association Conference – September 17, 2017
      • Meeting with Governor’s Office/Economic Development & Tourism – September 20, 2017
      • Career Colleges and Schools of Texas Annual Conference – September 28, 2017
      • Beauty Culturist League Convention – October 8, 2017
      • Agreed Orders, Default Orders and Cease & Desist Orders
    2. Office of Strategic Communication (OSC) & Customer Service Division
      • Customer Service statistics and trends
      • Social Media key statistics & update
      • Current projects
      • Personnel changes
      • Accomplishments
    3. Compliance Division
      • Hurricane Harvey Activities
      • Medical and Health Professions Activities
      • Business and Building Activities
      • Business and Mechanical Activities
      • Current Projects
      • Personnel changes
      • Accomplishments
    4. Education & Examination Division
      • Examination statistics
      • Education, Examination and Inspection statistics and trends
      • Speaking engagements
      • Current projects
      • Personnel changes
      • Accomplishments
    5. Enforcement Division
      • Statistics and trends
      • Legislative implementation activities
      • Speaking engagements
      • Current projects
      • Personnel changes
      • Accomplishments
    6. Field Operations
      • New technology – mobile inspection
      • Implementation of new programs
      • Statistics and trends
      • Personnel changes
      • Accomplishments
    7. Financial Services
      • Status of DIR-DCC Contract
      • FY Year-end Activities
      • AG Office Collections
      • SORM Assessment
      • Revenue Refunds
    8. General Counsel Office
      • Update on rulemaking
      • Case, collections and open records statistics and trends
      • Speaking engagements and training
      • Personnel changes
      • Accomplishments
    9. Human Resources Office
      • Human Resources statistics and trends
      • Personnel changes
      • Accomplishments
    10. Information Technology Division
      • Current activities
      • Statistics and trends
      • Speaking engagements
      • Personnel changes
      • Accomplishments
    11. Licensing Division
      • Statistics and trends
      • Speaking engagements
      • Personnel changes
      • Accomplishments
    12. Office of Innovation
      • Update on Scenario Planning in process
      • Update on DSHS
      • Update on Voice of the Customer
      • Personnel changes
      • Accomplishments
  16. Advisory Board Reports

    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 – 08/23/17
    • Weather Modification Advisory Committee – 08/24/17
    • Advisory Board on Barbering – 09/18/17
    • Advisory Board on Cosmetology – 09/18/17
    • Board of Boiler Rules – 09/19/17
    • Midwives Advisory Board – 09/20/17
    • Combative Sports Advisory Board – 09/21/17
    • Towing and Storage Advisory Board – 09/22/17
    • Polygraph Advisory Committee – 09/26/17
    • Driver Training and Traffic Safety Advisory Committee – 10/04/17
    • Used Automotive Parts Recyclers Advisory Board – 10/18/17

  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