TEXAS COMMISSION OF LICENSING AND REGULATION AGENDA

November 16, 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, and (c)Texas Commission of Licensing and Regulation and Texas Department of Licensing and Regulation vs. Merlin Transport, Inc. d/b/a Merlin Transport Corporation d/b/a Excalibur Towing Company; Cause No. D-1-GN-16-005371, in the District Court of Travis County, Texas, 98th Judicial District
    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
    4. Under Section 551.076, Government Code, discussion regarding a security audit
    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 October 5, 2016
  6. Contested Cases - consideration and possible action (heard before SOAH)
    1. Docket Number COS20160008468/452-16-3749.COS; Respondent Anh Tien d/b/a Annie’s Nails & Spa
    2. Docket Number ACR20160002028 & ELC20160008684/452-16-2046.ACR; Respondent Staristo A. Cassiano
    3. Docket Number ACR20160003261/452-16-2031.ACR; Respondent Tyler D. McGinty
    4. Docket Number ELC20160008663/452-16-3833.ELC; Respondent Troy W. Kelley
    5. Docket Number ELC20160020185/452-16-4349.ELC; Respondent Leroy Mosley, III
    6. Docket Number TOW20160000985/452-16-3752.TOW; Respondent Carlos A. Foster
    7. Docket Number TOW20150009122, TOW20150012986/452-16-0052.TOW; Respondent Black Bull Towing, LLC
    8. Docket Number ACR20160002081/452-16-1807.ACR; Respondent Michael R. Dillingham
    9. Docket Number BAR20160000930/452-16-1734.BAR; Respondent Gregory F. Arellano
    10. Docket Number ELC20160003645/452-16-2238.ELC; Respondent Benino Hernandez
    11. Docket Number ELC20160005350/452-16-2794.ELC; Respondent Andrew Espinoza
    12. Docket Number TOW20160007711/452-16-4298.TOW; Respondent Chad T. Ross
    13. Docket Number TOW20160014449/452-16-4318.TOW; Respondent Michael Terry d/b/a Terry’s Wrecker Service
    14. Docket Number ACR20140006024/452-16-3098.ACR; Respondent Marvin Wesley Parker
  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 TOW2014000934 & TOW20150012936/452-16-0050.TOW; Respondent Atlas Towing and Storage d/b/a Atlas Towing and Storage LLC
    2. Docket Number VSF20160018209; Respondent Cowboy Acres Inc. d/b/a WDC Enterprises
    3. Docket Number TOW20160021470; Respondent Evideo Gutierrez aka Evidel Gutierrez LLC d/b/a Gutierrez Electric Mechanical Shop
    4. Docket Number VSF20160019180; Respondent Edward Arrendondo d/b/a A & R Towing
    5. Docket Number TOW20160015014; Respondent Jeff Bailey d/b/a Bailey’s Weldon Auto Center
    6. Docket Number TOW20150018044 & VSF20150021693; Respondent R.A.L. Group d/b/a C.A.R.S.
    7. Docket Number ACR20150012391/452-16-1730.ACR; Respondent Richard H. Barnett
    8. Docket Number BAR20160009812; Respondent Ronald B. Clark d/b/a Shear SSimplicity 2 and Shear Simplicity 2
    9. Docket Number VSF20160018095; Respondent Tasco Storage Lot Inc. d/b/a ARC Auto Storage
  8. 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 Information Systems - Security & Disaster Recovery.
  10. Discussion and possible action to review and approve the Fiscal Year 2016 Annual Internal Audit Report.
  11. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 76, Water Well Drillers and Water Well Pump Installers, as a result of the four-year rule review.
  12. Discussion and possible action to approve revised penalty matrices for Combative Sports Contestants, Referees, Promoters, Amateur Combative Sports Associations, Seconds, Matchmakers, Judges, Event Coordinators, and Managers.
  13. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • Agreed Orders, Default Orders and Cease & Desist Orders
      • Recent developments
        • Update on Phase I DSHS new programs transition
        • Update on Phase II DSHS new programs transition
        • Update on Commission Workshop
        • Update on Licensed Breeders Advisory Committee Activities
        • Personnel changes
    2. Office of Strategic Communication (OSC)
      • Social Media key statistics & update
    3. Compliance Division
      • Update on Health Professions Consolidation Team
      • Training/presentation efforts by Compliance Division staff
      • Compliance Division staff participation in association events
      • Compliance Driver Education and Safety staff activities
      • Compliance statistics and trends
      • 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
      • Field Operation Inspection statistics and trends
      • Implementation of new programs
      • Personnel changes
    8. Financial Services Division
      • Status of DIR-DCC Contract
      • Representation on Contracts and Finance Solutions Group
      • Year-end Close and Annual Reporting
    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
      • 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
      • Update on learning organization workshops
  14. Approval of appointments of members to Advisory Board, including appointment of presiding officers:
    • Auctioneer Advisory Board
    • Dyslexia Therapists and Practitioners Advisory Committee
  15. Advisory Board Report
    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Driver Training and Traffic Safety Advisory Committee and Education Summit – 10/20/16
    • Air Conditioning and Refrigeration Contractors Advisory Board – 10/25/16
    • Architectural Barriers Advisory Committee – 11/09/16
    • Licensed Breeders Advisory Committee – 11/14/16
  16. 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*
  17. Discussion of date, time and location of future Commission Meetings
  18. Adjournment