TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of April 5, 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 8:41 a.m., Wednesday, April 5, 2017.  Members present were Chairman Mike Arismendez, Commissioners Tom Butler, Helen Callier, Rick Figueroa, Ravi Shah, and Deborah Yurco. A roll call verified that a quorum was present.

Staff present included: Carla James, Deputy Executive Director; Nick Voinis, Chief of Staff; Brad Bowman, General Counsel; Della Lindquist, Deputy General Counsel; Doug Jennings, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Laura Pfefferle, Assistant General Counsel; Elizabeth Salinas-Strittmatter, Assistant General Counsel; Jerry Daniels, Director of Financial Services; George Ferrie, Director of Compliance; Sharon Homoya, Personnel Attorney; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

Chairman Arismendez moved to agenda item H, Discussion and possible action to approve TDLR's Internal Audit Plan for Fiscal Year 2017. Deborah Yurco, seconded by Helen Callier, moved to approve the Audit Plan as presented and amended to include Combative Sports, Performance Measures (instead of E&E program), other programs (Poly, TCW, VPP and WXM) and follow-up on Enforcement, Inspections, Investigations/Boilers, LBC, IHB, LBC, TOW, and IT areas. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item C, Executive Session at 8:53 a.m. The open meeting reconvened at l 0:03 a.m.
There was no action taken on the Executive Session.

Chairman Arismendez moved to agenda item E, Approval of minutes - meeting of March 1, 2017. Helen Callier, 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-l6-2937.VSF, TDLR v. Alexander Ford-Mercury, Inc. d/b/a Alexander Ford. Tom Butler, seconded by Ravi Shah, moved to approve the Proposal for Decision with a $20 penalty. The motion was passed by unanimous vote.

Docket number ACR20150022726/452-17-0322.ACR, TDLR v. David Raschke. Rick Figueroa, seconded by Helen Callier, moved to approve the Proposal for Decision with a penalty of $2,000. The motion failed with Tom Butler, Ravi Shah, and Deborah Yurco voting in dissent; and Mike Arismendez, Helen Callier, and Rick Figueroa voting in favor. Rick Figueroa, seconded by Tom Butler, moved to accept the Proposal for Decision with a penalty of
$1,500. The motion was passed by unanimous vote.

Docket numbers TOW20160014947 & TOW20160014956/452-l6-5522.TOW, TDLR v. Atlas Towing and Storage, LLC, d/b/a Atlas Towing and Storage LLC. Rick Figueroa, seconded by Tom Butler, moved to accept the Proposal for Decision as presented. The motion failed with Mike Arismendez, Helen Callier, Ravi Shah, and Deborah Yurco voting in dissent; and Tom Butler and Rick Figueroa voting in favor. Ravi Shah, seconded by Helen Callier, moved to modify the Proposal for Decision to include: I) a $4000 per violation penalty, 2) a probated 2-year suspension of the license, and 3) require 5 hours of continuing education for Atlas employees to be completed within 45 days. The motion was passed with Mike Arismendez, Helen Callier, Ravi Shah, and Deborah Yurco voting in favor; and Tom Butler and Rick Figueroa voting in dissent.

Docket numbers TOW20140001754, TOW20140006716, TOW20140006667, TOW20150009338, TOW20140007524, TOW20140000984, TOW20150013216, TOW20130018255, TOW20150014939/452-15- 3018.TOW, 452-15-4635.TOW, 452-15-4637.TOW, 452-15-4638.TOW, 452-15-4884.TOW, 452-15-5189.TOW,
452-15-5322.TOW, TDLR v. Merlin Transport, Inc. d/b/a Merlin Transport Corporation d/b/a Excalibur Towing Company. Rick Figueroa, seconded by Tom Butler, moved to modify the Proposal for Decision and include an additional $12,000 penalty.  The motion was passed by unanimous vote.

Docket number VSF20140000060/452-15-4636.VSF, TDLR v. Merlin Transport, Inc. d/b/a Universal Storage Facility. Rick Figueroa, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number VSF20150019377/452-15-5190.VSF, TDLR v. Pendragon Transportation, LLC d/b/a Universal Storage Facility. Rick Figueroa, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number MID20170009063/537-16-2676, TDLR v. Mary Littlefield. Rick Figueroa, seconded by Mike Arismendez, moved to modify the Proposal for Decision to include: 1) a probated I -year suspension of the license or attend 25 births as primary midwife (under licensed supervision) - whichever longer; 2) being required to submit proof of these actions to the agency; 3) identifying who will do supervisions; 4) requiring 30 additional hours of continuing education specific to emergency protocol; and 5) submit 3 names of TDLR licensed midwives for agency to select from. The motion was carried with Mike Arismendez, Helen Callier, Rick Figueroa, Ravi Shah, and Deborah Yurco voting in favor; and Tom Butler voting in dissent.

Docket number ACR20140012469/452-16-3639.ACR, TDLR v. Kenneth Dwane Meyers. Ravi Shah, seconded by Tom Butler, moved to accept the Proposal for Decision to include I -year probated suspension of the license and an amended penalty of $1 1,000. The motion was carried with Mike Arismendez, Tom Butler, Helen Callier, Ravi Shah, and Deborah Yurco voting in favor; and Rick Figueroa voting in dissent.

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

Docket numbers TOW20150009122 & TOW20150012986 /452-16-0052, TDLR v. Black Bull Towing, LLC. Ravi Shah, seconded by Rick Figueroa, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number ELC20170004306, TDLR v. Jesus Lopez, Jr. Tom Butler, seconded by Ravi Shah, moved to deny the rehearing and probate the license revocation for l year. The motion was passed by unanimous vote.

Docket number TOW20160026599, TDLR v. Sandra Anderson d/b/a Anderson Recovery. Ravi Shah, seconded by Rick Figueroa, moved to deny the rehearing. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item I, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 68, §§68. l 0, 68.20, 68.30, 68.31, 68.50 - 68.54, 68.60,
68.70, 68.74 -68.76, 68.90, 68.93 and 68.102; proposed repeal of current §68.55 and §68.80; and proposed new §68.80 and §68.103. The proposed rules clarify inconsistencies; align the rules with state and federal accessibility standards; remove redundant and outdated provisions; provide registered accessibility specialist with the flexibility to submit variance applications; and remove state government from private business decisions, regarding the Elimination of Architectural Barriers program. Ravi Shah, seconded by Helen Callier, moved to approve the rules with an effective date of May 15, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item J, Discussion and possible action on the proposed amendments to the existing rules at 16 Texas Administrative Code, Chapter 75, §§75.10, 75.25, 75.30, 75.70 and 75 .110. The proposed amendments add definitions, clarify license exemptions, require verification of on-the-job experience, and update outdated portions of rules, regarding the Air Conditioning and Refrigeration program. Helen Callier, seconded by Tom Butler, moved to approve the rules with an effective date of May 15, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item N, Public Comment. There were no public comments.

Chairman Arismendez moved to agenda item 0, Discussion of date, time, and location of future Commission meetings. The next meetings were determined to be May 19, 2017, June 16, 2017, July 14th and a tentative date for August 18th.

Chairman Arismendez moved to agenda item P, Adjournment.  The meeting was adjourned at 2:05 p.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation