TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of https://www.tdlr.texas.gov/oep/oepcourses.htm
Twin Towers Office Center
1st Floor Public Meeting Room
Austin, Texas

Summary of Minutes

Chairman Arismendez called the meeting of the Texas Commission of Licensing and Regulation to order at 8:38 a.m., Tuesday, February 20, 2018. Members present were Chairman Mike Arismendez, Vice-Chair Tom Butler, Commissioners Helen Callier, Rick Figueroa, and Deborah Yurco. A roll call verified that a quorum was present.

Staff present included: Brian Francis, Executive Director; Carla James, Deputy Executive Director; Nick Voinis, Chief of Staff; Brad Bowman, General Counsel; Della Lindquist, Deputy General Counsel; Molly Fudell, Assistant General Counsel; Mark Gladney, Assistant General Counsel; Doug Jennings, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Elizabeth Salinas-Strittmatter, Assistant General Counsel; Sharon Homoya, Personnel Attorney; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

Helen Callier, seconded by Deborah Yurco, moved to excuse the absence of Commissioner Ravi Shah. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item C, Public Comments. No public comments were given.

Chairman Arismendez moved to agenda item D, Executive Session at 8:40 a.m.

The Commission took no action on the Executive Session.

The open meeting reconvened at 9:44 a.m.

Deborah Yurco, seconded by Helen Callier, moved to approve the minutes from the meeting of October 20, 2017. The motion was passed by unanimous vote. Deborah Yurco, seconded by Helen Callier, moved to approve the minutes from the meeting of December 15, 2017. The motion was passed by unanimous vote.

Chairman moved to agenda item G, Contested Cases. The final action on the Proposal for Decision is as follows:

Docket number TOW20170011992/452-17-4947.TOW, TDLR v. Robert L. Brown. Helen Callier, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number COS20170009421/452-17-5252.COS, TDLR v. Tony Huu Nguyen d/b/a Best Nails. Helen Callier, seconded by Tom Butler, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20170005126/452-17-3784.ELC, TDLR v. Jorge Rojas. Deborah Yurco, seconded by Helen Callier, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20170010212/452-17-5442.ELC, TDLR v. Michael D. Walker. Rick Figueroa, seconded by Helen Callier, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20170012860/452-18-0001.ELC, TDLR v. Timothy C. Wetsel. Deborah Yurco, seconded by Helen Callier, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20170016744/452-17-4921.ELC, TDLR v. Jason A. Tucker, Sr. Helen Callier, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20170017012/452-17-3637.ELC, TDLR v. Randy Dale Tibbs. Tom Butler, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20170018398/452-17-4847.ELC, TDLR v. William H. Hernandez. Helen Callier, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number HFD20170019975/452-17-5332.HFD, TDLR v. Jesus C. Gonzalez. Rick Figueroa, seconded by Tom Butler, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number TOW20170008937/452-18-0138.TOW, TDLR v. Capital Tow, Inc. d/b/a Eric’s Towing also d/b/a Capitol Tow. Deborah Yurco, seconded by Helen Callier, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20170019550/452-17-5120.ELC, TDLR v. Johnny Lee Spinelli. The Commission continued this case.

Docket number TOW20170003463/452-17-2357.TOW, TDLR v. Michael Earl Short. Helen Callier, seconded by Tom Butler, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item H, Motions for Rehearing - consideration and possible action on the following cases:

Docket number BAR20170023497, TDLR v. Salvador Garcia. Helen Callier, seconded by Rick Figueroa, moved to deny the rehearing and probate the revocation for one year, subject to adhering to the payment plan. The motion was passed by unanimous vote.

Docket number COS20160025166, TDLR v. Derma LLC. Deborah Yurco, seconded by Tom Butler, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number COS20170019869, TDLR v. Jauanna Lisa Newman d/b/a Cowgirls in Lace Salon. Deborah Yurco, seconded by Tom Butler, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number COS20170022674, TDLR v. Bo Liu d/b/a Polo Nails Plus. Deborah Yurco, seconded by Rick Figueroa, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket numbers ELE20160008506 & ELE20160010250, TDLR v. Jason Manning. Helen Callier, seconded by Deborah Yurco, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number TOW20160017140, TDLR v. Lightning Roadside Assistance LLC d/b/a Lightning Towing & Recovery. Deborah Yurco, seconded by Rick Figueroa, moved to grant the rehearing. The motion was passed by unanimous vote.

Docket numbers TOW20160021987, TOW2016002226, TOW20170002876 & TOW20170014195, TDLR v. Claude Woodard and Jenny Lynn Carter-Woodard d/b/a Day and Night Wrecker Service. Helen Callier, seconded by Deborah Yurco, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number TOW20170018756, TDLR v. Fidel Cortez d/b/a Apollo Towing. Tom Butler, seconded by Rick Figueroa, moved to deny the rehearing. The motion was passed by unanimous vote.

The meeting was recessed at 10:45 a.m.

The meeting reconvened at 11:00 a.m.

Chairman Arismendez not present in the room.

Vice-Chair Butler moved to agenda item I, Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 76, §§76.10, 76.62, 76.70, 76.72, 76.100, 76.101, 76.105, 76.107, and 76.111, in response to the four-year rule review regarding Water Well Drillers and Pump Installers program. Rick Figueroa, seconded by Helen Callier, moved to approve the rules as presented with an effective date of 4/1/18. The motion was passed by unanimous vote.

Vice-Chair Butler moved to agenda item J, Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 84, Subchapter A, §84.2; Subchapter C, §84,41 and §84.44; Subchapter D, §84.51; Subchapter E, §84.62; Subchapter F, §84.70; Subchapter M, §§84.500, 84.502 and 84.503; and Subchapter N, §84.600, to implement changes from the 85th Legislature, Regular Session (2017), regarding the Driver Education and Safety program. Helen Callier, seconded by Rick Figueroa, moved to approve the rules as presented with an effective date of 3/15/18. The motion was passed by unanimous vote.

Vice-Chair Butler moved to agenda item K, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code, Chapter 92, §§92.1, 92.10, 92.20 – 92.22, 92.30 – 92.32, 92.51, 92.52, 92.60, 92.80, 92.90, 92.91 and 92.95, to implement House Bill 162, 85th Legislature, Regular Session (2017), which established the registration of Course Providers and Online Responsible Pet Owner courses. Rick Figueroa, seconded by Helen Callier, moved to approve the rules as presented with an effective date of 3/15/18. The motion was passed by unanimous vote.

Chairman Arismendez returned to the meeting.

Chairman Arismendez moved to agenda item L, Discussion and possible action to approve a revised penalty matrix for the Electricians program. Helen Callier, seconded by Deborah Yurco, moved to approve the penalty matrix as presented. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item M, Approval of appointments of members to Advisory Boards, including appointment of presiding officers. Rick Figueroa, seconded by Helen Callier, moved to approve the appointments. The motion was passed by unanimous vote.

  • Advisory Board on Barbering – New appointments: Ronald Weathers (term expires 09/29/2023); Ron Jemison, named Presiding Officer.
  • Code Enforcement Officers Advisory Committee – New appointment: Sylvia Flood (term expires 02/01/2021).
  • Advisory Board on Cosmetology – New appointment: Sam Webb (term expires 09/29/2021).
  • Driver Training and Traffic Safety Advisory Committee – New appointment: Victoria Barroso (term expires 11/01/2023).
  • Elevator Advisory Board – New appointment: Nancy Crowther (term expires 11/01/2019); Reappointment: John T. McGraw (term expires 11/01/2020).
  • Speech-Language Pathologists and Audiologists Advisory Board – New appointment: Kristina Kelley (term expires 09/01/2023).
  • Auctioneer Advisory Board – Reappointments: John Swofford, Presiding Officer (term expires 09/01/2019), Norman N. Seaton (term expires 09/01/2019), and Shelley Weidner (term expires 09/01/2019).
  • Dyslexia Therapists and Practitioners Advisory Committee – Reappointments: Misty Dempsey (term expires 12/31/2023), Letricia “Puff” L. Niegos (term expires 12/31/2023), and Beatriz “Betty” Daniels-Mills (term expires 12/31/2023).
  • Property Tax Consultants Advisory Council – Reappointments: Stephen R. Dunson (term expires 02/01/2021), William P. Green (term expires 02/01/2021), and Mitchell Katine (term expires 02/01/2021).

Chairman Arismendez moved to agenda item N, Appointment of Commission Strategic Planning Workgroup. Helen Callier, Rick Figueroa, and a third Commissioner to be named later will serve on the workgroup.

Chairman Arismendez moved to agenda item O, Staff Reports. Brian Francis reported to the Commission and answered questions.

Chairman Arismendez moved to agenda item P, Advisory Board Reports. No reports were given.

Chairman Arismendez moved to agenda item Q, Discussion of date, time, and location of future Commission meetings. The next meetings were tentatively set for March 27, 2018, and May 24, 2018, and July 20, 2018.

Chairman Arismendez moved to agenda item R, Adjournment. The meeting was adjourned at 11:50 a.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation