TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of April 13, 2016
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 8:36 a.m., Wednesday, April 13, 2016. Members present were Chairman Mike Arismendez, Vice-Chair LuAnn Morgan, Commissioners Tom Butler, Catherine Rodewald, and Ravi Shah. A roll call verified that a quorum was present.

Staff present included: Bill Kuntz, Executive Director; Brian Francis, Deputy Executive Director; Brad Bowman, General Counsel; Della Lindquist, Deputy General Counsel; Charles Johnson, Assistant General Counsel; Laura Pfefferle, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

Catherine Rodewald, seconded by LuAnn Morgan, moved to excuse the absences of Commissioners Fred Moses and Deborah Yurco. The motion was passed by unanimous vote.

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

The open meeting reconvened at 9:23 a.m.

There was no action taken on the Executive Session.

Chairman Arismendez moved to agenda item E, Approval of minutes - meeting of March 9, 2016. ??LuAnn Morgan, seconded by Catherine Rodewald, 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 numbers ACR20130010518 & ACR20130006679/452-16-0031.ACR, TDLR v. Carlos J. Diaz, Jr. LuAnn Morgan, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket numbers ACR20150004409 & ACR20150004418/452-15-1209.ACR, TDLR v. Codey Lynn Bryan. Ravi Shah, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20150016603/452-15-5355.ELC, TDLR v. Perry Coleman. Tom Butler, seconded by Ravi Shah, moved to modify the Proposal for Decision and deny the license. The motion passed with Mike Arismendez, Tom Butler and Ravi Shah voting in favor; and LuAnn Morgan and Catherine Rodewald voting in dissent.

Docket number ELC20160002086/452-16-0386.ELC, TDLR v. Maximiliano Rojas. LuAnn Morgan, seconded by Ravi Shah, moved to accept the Proposal for Decision with technical corrections. The motion was passed by unanimous vote.

Docket number ELC20150019609/452-16-0749.ELC, TDLR v. Jonathan W. Groves. Ravi Shah, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number TOW20150012859/452-15-5255.TOW, TDLR v. Joseph Campanella. LuAnn Morgan, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion passed with Mike Arismendez, Tom Butler, LuAnn Morgan, and Ravi Shah voting in favor; and Catherine Rodewald voting in dissent.

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

Docket number BAR20150022808, TDLR v. George I. Carter. LuAnn Morgan, seconded by Ravi Shah, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number COS20150020557, TDLR v. Ultimate Continuing Education. LuAnn Morgan, seconded by Tom Butler, moved to deny the rehearing and probate the license revocation for one year. The motion was passed by unanimous vote.

Docket number COS20150008326, TDLR v. Marcos S. Venegas d/b/a Delilah Long Hair Salon. Tom Butler, seconded by LuAnn Morgan, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number COS20160002892, TDLR v. La Cetra La Shon Billups. LuAnn Morgan, seconded by Catherine Rodewald, moved to grant the rehearing. The motion was passed by unanimous vote.

Docket number TOW20140007166, TDLR v. Ian Jacob Rendon. Catherine Rodewald, seconded by Ravi Shah, moved to deny the rehearing and reduce the penalty to $1,000. The motion was passed with Tom Butler, LuAnn Morgan, Ravi Shah, and Catherine Rodewald voting in favor; and Mike Arismendez voting in dissent.

The meeting was recessed at 10:24 a.m.

The open meeting reconvened at 10:37 a.m.

Chairman Arismendez moved to agenda item H, Discussion and possible action on request to exceed Capital Budget regarding Department of State Health Services (Versa) Program. LuAnn Morgan, seconded by Catherine Rodewald, moved to approve this item. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item I, Overview and possible discussion of phase I rule implementation for Senate Bill 202, 84th Legislature, Regular Session (2015); which transferred seven programs from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation. Wendy Pellow gave the overview and answered questions from the Commission.

Chairman Arismendez moved to agenda item J, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter A, ??116.1 and ??116.2; Subchapter B, §116.10 - 116.14; Subchapter C, ??116.20 and ??116.21; Subchapter D, ??116.30; Subchapter E, §116.40 - 116.44; Subchapter F, §116.50 - 116.53; Subchapter G, §116.60 - 116.65; Subchapter H, ??116.70; Subchapter I, §116.80 - 116.83; Subchapter J, ??116.90 and ??116.91; Subchapter K, §116.100, 116.101, 116.103 - 116.105; Subchapter L, ??116.110; Subchapter M, ??116.120; Subchapter N, §116.130 - 116.132; Subchapter O, §116.140 - 116.142, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the DIETITIANS program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation. Ravi Shah, seconded by LuAnn Morgan, moved to adopt the rules effective October 1, 2016. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item K, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 114, §114.1, 114.10, 114.20 - 114.30, 14.40, 114.50, 114.65 - 114.70, 114.80, 114.90 and 114.95, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the ORTHOTICS and PROSTHETICS program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation. LuAnn Morgan, seconded by Ravi Shah, moved to adopt the rules effective October 1, 2016. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item L, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 115, §115.1 - 115.7, 115.13 - 115.16, 115.20, 115.21, 115.23, 115.25, 115.70, 115.75, 115.80, 115.90, 115.100, 115.111 - 115.123 and 115.125, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the MIDWIVES program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation. Ravi Shah, seconded by LuAnn Morgan, moved to adopt the rules effective October 1, 2016. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item M, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 110, §110.1, 110.12, 110.14 - 110.25, 110.30, 110.70, 110.80, 110.90 and 110.95, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the ATHLETIC TRAINERS program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation. Tom Butler, seconded by Ravi Shah, moved to adopt the rules with changes noted, effective October 1, 2016. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item N, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, ??111.1 and ??111.2; Subchapter B, §111.10 - 111.14; Subchapter C, §111.20 - 111.23; Subchapter D, §111.30, 111.35 - 111.37; Subchapter E, §111.40, 111.45 - 111.47; Subchapter F, §111.50, 111.55 - 111.57; Subchapter G, §111.60, 111.65 and 111.66; Subchapter H, §111.70, 111.75 - 111.77; Subchapter I, §111.80, 111.85 -111.87; Subchapter J, §111.90, 111.95 - 111.97; Subchapter K, §111.100, 111.105 and 111.106; Subchapter L, §111.110, 111.115 - 111.117; Subchapter N, §111.130 - 111.132; Subchapter O, ??111.140; Subchapter P, §111.150 - 111.155; Subchapter Q, ??111.160; Subchapter R, ??111.170 and ??111.171; Subchapter S, §111.180 - 111.183; Subchapter T, §111.190 - 111.192; Subchapter U, §111.200 - 111.202; Subchapter V, §111.210 - 111.215; Subchapter W, ??111.220; Subchapter X, §111.230 - 111.232, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the SPEECH LANGUAGE PATHOLOGISTS and AUDIOLOGISTS program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation. Catherine Rodewald, seconded by LuAnn Morgan, moved to adopt the rules with an effective date of October 1, 2016. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item O, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter A, ??112.1 and ??112.2; Subchapter B, §112.10 - 112.14; Subchapter C, §112.20 - 112.26; Subchapter D, §112.30 - 112.33; Subchapter E, §112.40 - 112.44; Subchapter F, §112.50 - 112.53; Subchapter G, ??112.60 and ??116.61; Subchapter H, §112.70 - 112.72; Subchapter I, ??112.80; Subchapter J, §112.90 - 112.98; Subchapter L, ??112.110; Subchapter M, ??112.120; Subchapter N, §112.130 - 112.134; Subchapter O, ??112.140; and Subchapter P, ??112.150, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the HEARING INSTRUMENT FITTERS and DISPENSERS program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation. Catherine Rodewald, seconded by LuAnn Morgan, moved to adopt the rules with an effective date of October 1, 2016. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item P, Overview and Commissioner involvement in the Strategic Planning Process: Timeline & Appointment of Commissioner Workgroup. Brian Francis gave the Commission an overview and answered questions. The following Commission members were appointed to the workgroup: Mike Arismendez, Catherine Rodewald and Ravi Shah.

Chairman Arismendez moved to agenda item Q, Staff Reports. Bill Kuntz and Brian Francis gave reports and answered questions from the Commission.

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

Chairman Arismendez moved to agenda item S, Discussion of date, time and location of future Commission meetings. The next meeting dates were determined to be: May 18, 2016; June 15, 2016; and July 13 or 20, 2016.

Chairman Arismendez moved back to agenda item C, Executive Session at 12:04 p.m.

The open meeting reconvened at 12:32 p.m.

There was no action taken on the Executive Session.

Chairman Arismendez adjourned the meeting at 12:33 p.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation