Texas Commission of Licensing and Regulation Meeting Agenda

October 26, 2018 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).

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.

  1. Call to Order
  2. Roll Call and Certification of Quorum
  3. 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*
  4. 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 legalcounsel concerning pending or contemplated litigation and/or settlement offers, including but not limited to:
      • Gustavo L. O’hara d/b/a Mikassa v. TDLR, Cause No. D-1-GN-18-000243 in Travis County District Court.
    2. Advice from the Commission’s attorney on legal matters authorized by section 551.071(2), Government Code.
    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.
  5. Action on items discussed in Executive Session
  6. Approval of Minutes – Meeting September 25, 2018
  7. Contested Cases - consideration and possible action (heard before SOAH)

    Item Case / Docket Number Respondent
    1 ACR20170006932 / 452-18-2975.ACR Assad B. Kerolos
    2 POL20170018439 / 452-18-1790.POL Maria Anna Hubbard
    3 ELC20180000549 / 452-18-2938.ELC Jose L. Longoria
    4 VSF20160018575 / 452-18-2240.VSF Mathew O. Tago
    5 ACR20160009932 / 452-18-3100.ACR Donald Burton Jordan
    6 ELC20170017601 / 452-17-4769.ELC Rey A. Maldonado
    7 ELC20170022868 / 452-18-2870.ELC Michael L. Jessup, Jr.
    8 ELC20170022990 / 452-18-1150.ELC John A. Kirklin
    9 ELC20180000928 / 452-18-3906.ELC Sammy Salazar
    10 ELC20180003413 / 452-18-3263.ELC Jorge Anorve
    11 VSF20180003985 / 452-18-3264.VSF Edward Wayne Oldham
  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:

    Item Case / Docket Number Respondent
    1 BAR20170015826 Clarence E. Kelly
    2 VSF20180006919 Vance Service Private Investigations, LLC d/b/a Vance Services P.I., LLC
    3 VSF20180002619 Kaysi G Douglas d/b/a Douglas Towing and Recovery
  9. Update on the motion for rehearing process
  10. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • Organizational and Personnel changes
      • TDLR’s Legislative Appropriations Request
      • Presentations and meetings of Executive Staff:
        • September 10, 2018 - TDLR/Accenture Meeting
        • September 11, 2018 - Senate Finance Committee Meeting
        • September 12, 2018 - Senate Criminal Justice Hearing
        • September 19, 2018 - Director’s Meeting
        • September 21, 2018 - Behavior Analysis Licensure Celebration
        • September 26, 2018 - Executive Women in Texas Government Presentation on Leadership
        • September 27, 2018 - Meet with Texas Podiatric Medical Association and Board of Nursing regarding Podiatry
        • September 28, 2018 - Texas Technology Consortium Luncheon
        • September 28, 2019 - Town Hall meeting
        • October 2, 2018 - Texas Humane Legislative Network Meeting
        • October 3, 2018 - Prescribing & Dispensing Controlled Substances, Interim Committee,
        • October 6, 2018 - Presentation at Professional Pet Breeders of Texas Conference
        • October 7, 2018 - Ethics Presentation at Texas Podiatric Medical Association Conference
        • October 9, 2018 - Career College and Schools of Texas Question and Answer Regulatory Panel Discussion
        • October 13, 2018 - Presentation at Texas Automotive Recyclers Association Conference
        • October 17, 2018 - Biennial Legislative Communication Conference
        • October 19, 2018 - Presentation at Texas Academy of Audiology Conference
        • October 23, 2018 - State Employee Charitable Campaign Employee Appreciation – Butterfly Release
        • October 25, 2018 - House Committee on Licensing & Administrative Procedures Hearing
      • Agreed Orders, Default Orders and Cease & Desist Orders
    2. Office of Strategic Communication (OSC) & Customer Service Division
      • Current projects
      • Customer Service statistics and trends
      • Social Media key statistics & update
      • Personnel changes
      • Recent accomplishments
    3. Education & Examination Division
      • Education, Examination and School Services Section activities
      • Driver, Offender and Safety Education Section activities
      • Statistics and trends
    4. Enforcement Division
      • Speaking engagements
      • Current projects
      • Statistics and trends
      • Personnel changes
      • Recent accomplishments
    5. Field Inspections
      • Implementation of New Programs
      • Statistics and trends
      • Recent accomplishments/Current projects
      • Personnel updates
    6. Financial Services
      • Status of DIR-DCC Contract
      • Attorney General Office Collections
      • Post Payment Audit
      • CAPPS Human Resources Payroll
      • Fiscal Year 2018 Annual Financial Report and Year-End Close
      • Personnel changes
    7. General Counsel Office
      • Update on rulemaking
      • Update on the status of pending Auctioneer Education Recovery Fund claims
      • Speaking engagements and training
      • Case, collections and open records statistics and trends
      • Personnel changes
      • Recent accomplishments
    8. Human Resources Office
      • Human Resources statistics and trends
      • Personnel changes
      • Recent accomplishments
    9. Information Technology Division
      • Current activities
      • Speaking engagements
      • Statistics and trends
      • Personnel changes
      • Recent accomplishments
    10. Licensing Division
      • Speaking engagements
      • Statistics and trends
      • Personnel changes
      • Recent accomplishments
    11. Office of Innovation
      • Update on EPMO and OI projects
      • Update on Rapid Process Improvements
      • Update on Trainings and Presentations
        • Texas Governing Leadership Forum 2018
      • Personnel changes
      • Recent accomplishments
    12. Regulatory Program Management Division
      • Current projects
        • Business and Consumer Safety Activities
        • Business and Professionals Activities
        • Building and Mechanical Activities
        • Medical and Health Professions Activities
      • Workload statistics
      • Personnel changes
  11. Advisory Board Reports
    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Dyslexia Therapy Advisory Committee – 09/24/18
    • Advisory Board on Barbering – 10/1/18
    • Advisory Board on Cosmetology – 10/1/18
    • Property Tax Consultants Advisory Council – 10/10/18
    • Auctioneer Advisory Board – 10/15/18
    • Massage Therapy Advisory Board – 10/16/18
  12. Advisory Board Appointments and reappointments
    • Appointments: 
      • Combative Sports Advisory Board
      • Driver Training and Traffic Safety Advisory Committee
      • Massage Therapy Advisory Board
      • Sanitarians Advisory Board
    • Reappointments:
      • Architectural Barriers Advisory Board
      • Elevator Advisory Board
      • Water Well Drillers Advisory Board
  13. Discussion of date, time and location of future Commission Meetings
  14. Adjournment