Texas Commission of Licensing and Regulation Meeting Agenda

December 15, 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.

  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 October 20, 2017
  6. Moment of Silence for George Ferrie
  7. Contested Cases - consideration and possible action (heard before SOAH)
    1. Docket Number ELC20150011714/452-17-2703.ELC, Respondent Carlos Casas
    2. Docket Number ELC20160002416/452-16-4664.ELC, Respondent Rigoberto Martinez
    3. Docket Number BAR20170002791/452-17-3472.BAR, Respondent Teodoro “Teddy” M. Hernandez
    4. Docket Number BAR20170005361/452-17-3097.BAR, Respondent Joel F. Montelongo
    5. Docket Number BAR20170007789/452-17-4402.BAR, Respondent Yandell Douglas Turner
    6. Docket Number ELC20170004140/452-17-3569.ELC, Respondent Daniel Rodriguez
    7. Docket Number TOW20170002796/452-17-2562.TOW, Respondent Jonathan L. Rector
    8. Docket Number TOW20170009935/452-17-2982.TOW, Respondent Jeremy D. Latham
    9. Docket Number AUC20170008062/452-17-2426.AUC, Respondent Vern R. Wallace
    10. Docket Number BRE20160016879/452-17-2424.BRE, Respondent Brinda C. Redwine d/b/a Giant German Shepherds
    11. Docket Number BRE20160021756/452-17-3570.BRE, Respondent Young Souk Van Roekel d/b/a Young Van Roekel
  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:
    1. Docket Number ACR20160010963, ACR20160022299, ACR20160024673, ACR20160010457, and ACR2017007593, Respondent Gustavo L. O’Hara d/b/a Mikassa
    2. Docket Number ELC20170011105, Respondent Jose A. Castillo, Jr.
  9. 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.
  10. Discussion and possible action on the proposed repeal of existing rules at 16 Texas Administrative Code, Chapter 64, §§64.1, 64.10, 64.20, 64.70, 64.72 and 64.80, to implement Senate Bill 2065, 85th Legislature, Regular Session (2017), repealed the state licensing requirements for temporary common worker employers under Texas Labor Code, Chapter 92, regarding the Temporary Common Worker Employers program.
  11. Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 65, Subchapter A, §65.1 and §65.2; Subchapter C, §§65.12 - 65.15; Subchapter D §65.25; Subchapter E, §65.30; Subchapter G, §65.45; Subchapter J, §65.72; Subchapter N, §65.217; Subchapter O, §65.300; Subchapter R, §§65.601, 65.603, 65.606-65.609; proposes repeal of current Subchapter I, §65.63; and proposes new Subchapter I, §65.63 and §65.64, to implement House Bill 3257, 85th Legislature, Regular Session (2017), and standardize use of the metrication system, correct punctuation, and make editorial clarifications, regarding the Boilers program
  12. Discussion and possible action on the proposed repeal of existing rules at 16 Texas Administrative Code, Chapter 71, §§71.1, 71.10, 71.20, 71.22, 71.70, 71.80 and 71.90, to implement Senate Bill 2065, 85th Legislature, Regular Session (2017), repealed the state registration requirements for Vehicle Protection Product Warrantors under Texas Occupations Code, Chapter 2306, regarding the Vehicle Protection Product Warrantors program.
  13. Discussion and possible action on proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 73, §73.26, for verification of on-the-job training, regarding the Electricians program.
  14. Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 82, §§82.10, 82.20, 82.22, 82.23, 82.29, 82.40, 82.50, 82.52, 82.54, 82.70 - 82.72, 82.78, 82.80, 82.102, and 82.108; and the proposed repeal of current §82.53, to update and streamline the rules and implement House Bill 2738, House Bill 2739, Senate Bill 1603, and Senate Bill 2065, 85th Legislature, Regular Session (2017), regarding the Barbers program.
  15. Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 83, §§83.10, 83.22 - 83.25, 83.29, 83.31, 83.40, 83.50 - 83.52, 83.54, 83.70 - 83.73, 83.78, 83.80, 83.102 and 83.105; and the proposed repeal of current §83.53, to update and streamline the rules and implement House Bill 2552, House Bill 2738, House Bill 2739, Senate Bill 1503 and Senate Bill 2065, 85th Legislature, Regular Session (2017), regarding the Cosmetologists program.
  16. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 85, §§85.201, 85.204, 85.206, 85.450, 85.451, 85.650, 85.703, 85.704, 85.722, 85.800 and 85.1003; and proposes the repeal of §85.205 and §85.452, to update and streamline the rules and implement Senate Bill 1501, Senate Bill 2065, House Bill 1247 and House Bill 2615, 85th Legislature, Regular Session (2017), 85th Legislature, Regular Session (2017), regarding the Vehicle Storage Facilities program.
  17. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 86, §§86.10, 86.450, 86.451, 86.650, 86.705 and 86.800; and proposes the repeal of §§86.212, 86.213, and 86.452, to update and streamline the rules and implement Senate Bill 1501, Senate Bill 2065, and House Bill 2615, 85th Legislature, Regular session (2017), regarding the Vehicle Towing and Booting program.
  18. Discussion and possible approval of the Criminal Conviction Guidelines for the Dyslexia Therapists and Practitioners program
  19. Discussion and update on the revised Informed Choice and Disclosure form in the Midwives program
  20. Discussion and possible action to appoint a Human Resources Workgroup to review and make recommendations regarding personnel policies and the executive director appraisal tool
  21. Approval of appointments of members to Advisory Board, including appointment of presiding officers:
    • Auctioneer Advisory Board
    • Board of Boiler Rules
    • Code Enforcement Officers Advisory Committee
    • Advisory Board on Cosmetology
    • Hearing Instruments Fitters and Dispensers Advisory Board
    • Massage Therapy Advisory Board
  22. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • Bill Implementation Overview
      • Commission Portal – launched October 6, 2017
      • Hurricane Harvey Response
      • Procurement Connection and Expo HUB event – October 24, 2017
      • Presentation to Texas House Republican Caucus - Policy Group – October 25, 2017
      • Senate Business & Commerce Hearing on Harvey Charges – November 1, 2017
      • Advisory Board Summit – November 8-9, 2017
      • Transformative Leadership Program Alumni Panel – November 17, 2017
      • Executive Women in Texas Government Conference – November 20, 2017
      • Governor’s Executive Development Program Panel – December 6, 2017
      • TX Assoc. of State Systems for Computing & Communications State of the State Presentation – December 15, 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 2017 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 Phase II Consolidation
      • Update on Voice of the Customer
      • Personnel changes
      • Accomplishments
  23. Advisory Board Reports
    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Air Conditioning and Refrigeration Contractors Advisory Board – 10/25/17
    • Water Well Drillers Advisory Council – 10/30/17
    • Property Tax Consultants Advisory Council – 11/01/17
    • Electrical Safety and Licensing Advisory Board – 11/02/17
    • Dietitians Advisory Board – 11/03/17
    • Advisory Board on Barbering – 11/13/17
    • Advisory Board on Cosmetology – 11/13/17
    • Board of Boiler Rules – 11/14/17
    • Speech-Language Pathologists and Audiologist Advisory Board – 11/15/17
    • Towing and Storage Advisory Board – 11/16/17
    • Combative Sports Advisory Board – 12/01/17
    • Midwives Advisory Board – 12/04/17
    • Registered Sanitarian Advisory Committee – 12/05/17
    • Massage Therapy Advisory Board – 12/07/17
    • Behavior Analyst Advisory Board – 12/13/17
    • Code Enforcement Officers Advisory Committee – 12/14/17
  24. 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*
  25. Discussion of date, time and location of future Commission Meetings
  26. Adjournment