TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of March 1, 2017
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 8:42 a.m., Wednesday, March 1, 2017. Members present were Chairman Mike Arismendez, Commissioners Tom Butler, Rick Figueroa, and Ravi Shah. A roll call verified that a quorum was present.

Staff present included: Nick Voinis, Chief of Staff; Brad Bowman, General Counsel; Della Lindquist, Deputy General Counsel; Doug Jennings, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Lynn Latombe, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Laura Pfefferle, Assistant General Counsel; Elizabeth Salinas-Strittmatter, Assistant General Counsel; Colleen Tran, Assistant General Counsel; George Ferrie, Director of Compliance; Tanya Gauthreaux, Director of Field Operations; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

Chairman Arismendez moved to agenda item C, Executive Session at 8:43 a.m.

The open meeting reconvened at 9:17 a.m.

Chairman Arismendez moved to agenda item D, Action on items discussed in Executive Session. Tom Butler, seconded by Rick Figueroa, moved to reject the Merlin/Pendragon offer. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item E, Approval of minutes – meeting of January 27, 2017. Rick Figueroa, seconded by Tom Butler, moved to approve the minutes. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item F, Contested Cases. The final actions on the Proposals for Decision are as follows:

Docket number VSF20150002316/452-16-2937.VSF, TDLR v. Alexander Ford-Mercury, Inc. d/b/a Alexander Ford. This case was continued.

Docket number BAR20160003222/452-16-4219.BAR, TDLR v. Darrell Dewayne George. Ravi Shah, seconded by Tom Butler, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20160005539/452-16-1161.ELC, TDLR v. Chad M. Riggs. Ravi Shah, seconded by Tom Butler, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20160020298/452-16-5634.ELC, TDLR v. Daniel Makin. Ravi Shah, seconded by Rick Figueroa, moved to reject the Proposal for Decision and deny the license. The motion was passed by unanimous vote.

Docket number ELC20160026440/452-16-5896.ELC, TDLR v. Travis B. Napoleon. Tom Butler, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number TOW20160021719/452-16-5494.TOW, TDLR v. Bernard Claudius Thorton, Jr. Tom Butler, seconded by Ravi Shah, moved to reject the Proposal for Decision and revoke the license. The motion was passed with Mike Arismendez, Tom Butler, and Ravi Shah voting in favor; and Rick Figueroa voting in dissent.

Docket number ELC20160018775/452-16-5374.ELC, TDLR v. Ron Gene Tolbert. Tom Butler, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20160018847/452-16-5687.ELC, TDLR v. Jose L. Perez. Ravi Shah, seconded by Tom Butler, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number TOW20160015097/452-16-4564.TOW, TDLR v. David A. Stipe. Rick Figueroa, seconded by Tom Butler, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number TOW20160014449/452-16-4318.TOW, TDLR v. Michael Terry d/b/a Terry’s Wrecker Service. Ravi Shah, seconded by Rick Figueroa, moved to accept the Proposal for Decision with a reduced penalty of $250. The motion was passed by unanimous vote.

Docket number ACR20140012469/452-16-3639.ACR, TDLR v. Kenneth Dwane Meyers. This case was continued.

Ravi Shah, seconded by Rick Figueroa, moved to excuse the absences of Helen Callier, Catherine Rodewald, and Deborah Yurco. The motion was passed by unanimous vote.

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

Docket number COS20150023645, TDLR v. Thida Pen aka Channary Pen. Ravi Shah, seconded by Rick Figueroa, moved to grant the rehearing. The motion was passed by unanimous vote.

Docket number APR20170003598, TDLR v. Ronda Used Auto Parts Inc. Rick Figueroa, seconded by Tom Butler, moved to deny the Rehearing. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item N, Discussion and possible action on the proposed repeal of current rules at 16 Texas Administrative Code (TAC), Chapter 84; the proposed new rules at 16 TAC, Chapter 84. The proposed repeal allows for new rules that streamline and reorganize the rules for public ease; remove excessive and burdensome regulatory requirements; clarify licensing requirements; and correct agency references from TEA to the Department, regarding the Driver Education and Safety program. Rick Figueroa, seconded by Ravi Shah, moved to approve the rules as presented with an effective date of April 1, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item H, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 57, For-Profit Legal Service Contract Companies, as a result of the four-year rule review. Rick Figueroa, seconded by Tom Butler, moved to approve the rule review as presented effective March 15, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item I, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 59, Continuing Education Requirements, as a result of the four-year rule review. Rick Figueroa, seconded by Ravi Shah, moved to approve the rule review as presented effective March 15, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item J, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 60, Procedural Rules of the Commission and the Department, as a result of the four-year rule review. Rick Figueroa, seconded by Ravi Shah, moved to approve the rule review as presented effective March 15, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item K, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 70, Industrialized Housing and Buildings program, as a result of the four-year rule review. Ravi Shah, seconded by Tom Butler, moved to approve the rule review as presented effective March 15, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item L, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 72, Professional Employer Organization, as a result of the four-year rule review. Ravi Shah, seconded by Tom Butler, moved to approve the rule review as presented effective March 15, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item M, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 73, Electricians, as a result of the four-year rule review. Tom Butler, seconded by Ravi Shah, moved to approve the rule review as presented effective March 15, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item O, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 85, Vehicle Storage Facilities program, as a result of the four-year rule review. Ravi Shah, seconded by Tom Butler, moved to approve the rule review as presented effective March 15, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item P, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 86, Vehicle Towing and Booting program, as a result of the four-year rule review. Ravi Shah, seconded by Tom Butler, moved to approve the rule review as presented effective March 15, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item Q, Discussion and possible approval of the Penalty Matrix for the Orthotists and Prosthetists program. Rick Figueroa, seconded by Ravi Shah, moved to approve the penalty matrix as presented. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item R, Discussion and possible action to approve a penalty matrix for the Midwives program. Rick Figueroa, seconded by Tom Butler, moved to approve the penalty matrix as presented, contingent upon the Midwives workgroup and Advisory Board meeting within the month to discuss and address concerns relating to transfer issues. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item T, Approval of appointments of members to Advisory Board, including appointment of presiding officers. Rick Figueroa, seconded by Ravi Shah, moved to approve the appointments. The motion was passed by unanimous vote.

  • Advisory Board of Athletic Trainers – Reappointments: Dr. David Schmidt (term expires 01/31/2023); and Michael Fitch (term expires 01/31/2023).
  • Advisory Board on Cosmetology – New appointment: Ron Robinson, Presiding Officer (term expires 09/29/2019).
  • Combative Sports Advisory Board – Reappointments: Kerry Hatley (term expires 02/01/2023); Chris Reed (term expires 02/01/2023); Dr. Richard Schram (term expires 02/01/2023).
  • Hearing Instrument Fitters and Dispensers Advisory Board – New appointment: Dr. James Fowler (term expires 02/01/2021); Reappointments: Jackie Cooper (term expires 02/01/2023); and Gary Haun (term expires 02/01/2023).
  • Midwives Advisory Board – Reappointments: Brenda Buffington (term expires 01/31/2023); Dr. Charleta Guillory (term expires 01/31/2023) and Linda Hart (term expires 01/31/2023)
  • Orthotists and Prosthetists Advisory Board – Reappointments: Miguel Mojica (term expires 02/01/2023) and Randall Duncan (term expires 02/01/2023).
  • Texas Tax Professional Advisory Committee – New appointment: James Radloff (term expires 03/01/2021).

Chairman Arismendez moved to agenda item S, Staff Reports. Nick Voinis and Tanya Gauthreaux reported to the Commission and answered questions.

Chairman Arismendez moved to agenda item U, Advisory Board Report. Jeff Copas update the Commission on Advisory Boards.

Chairman Arismendez moved to agenda item V, Public Comments. There were no public comments.

Chairman Arismendez moved to agenda item W, Discussion of date, time, and location of future Commission meetings. The next meetings were determined to be April 5, 2017; and tentative dates of May 19, 2017, June 16, 2017, and July 14th.

Chairman Arismendez moved to agenda item X, Adjournment. The meeting was adjourned at 12:32 p.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation