TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of August 24, 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 8:46 a.m., Wednesday, August 24, 2016. Members present were Chairman Mike Arismendez, Commissioners Tom Butler, Helen Callier, Rick Figueroa, Catherine Rodewald, Ravi Shah, and Deborah Yurco. 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; Doug Jennings, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Colleen Tran, Assistant General Counsel; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; Sharon Homoya, Personnel Attorney; Ray Pizarro, Director of Education and Examination; Mary Winston, Strategic Communications Attorney; and Kay Mahan, Executive Assistant.

Chairman Arismendez moved to agenda item C, Executive Session at 8:47 a.m.

The open meeting reconvened at 10:06 a.m.

There was no action taken on the Executive Session.

Chairman Arismendez moved to agenda item E, Approval of minutes – meeting of July 27, 2016. Ravi Shah, seconded by Catherine Rodewald, moved to approve the minutes. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item F, Discussion and possible action to elect a Vice-Chair of Commission. Ravi Shah nominated Tom Butler to be Vice-Chair; Catherine Rodewald nominated Deborah Yurco. With 4 votes for Tom Butler (Mike Arismendez, Tom Butler, Rick Figueroa, and Ravi Shah); and 3 votes for Deborah Yurco (Helen Callier, Catherine Rodewald, and Deborah Yurco), Tom Butler was voted the Vice-Chair of the TDLR Commission.

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

Docket number COS20160000452/452-16-1478.COS, TDLR v. Chad Douglas Muffler. Helen Callier, seconded by Catherine Rodewald, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket numbers TOW20140000934 & TOW20150012936/452-16-0050.TOW, TDLR v. Atlas Towing and Storage, LLC d/b/a Towing and Storage. Tom Butler, seconded by Ravi Shah, moved to deny the Motion for Continuance. The motion was passed with Mike Arismendez, Tom Butler, Rick Figueroa, and Ravi Shah voting in favor; and Helen Callier, Catherine Rodewald, and Deborah Yurco, voting in dissent. Deborah Yurco, seconded by Catherine Rodewald, moved to approve the Motion for Continuance. The motion failed with Catherine Rodewald and Deborah Yurco voting in favor; and Mike Arismendez, Tom Butler, Helen Callier, Rick Figueroa, and Ravi Shah voting in dissent. Rick Figueroa, seconded by Tom Butler, moved to accept the Proposal for Decision with the technical corrections discussed. The motion was passed with Mike Arismendez, Tom Butler, Helen Callier, Rick Figueroa, and Ravi Shah voting in favor; and Catherine Rodewald and Deborah Yurco voting in dissent.

Docket number VSF20160004323/452-16-3498.VSF, TDLR v. Cecilia Chavez. Catherine Rodewald, seconded by Helen Callier, moved to accept the PFD 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:

Chairman Arismendez left the meeting room.

Docket number ELC20150002228, TDLR v. Joshua R. Boyd d/b/a Joshua Boyd Electric. Rick Figueroa, seconded by Ravi Shah, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number ELC20140013554, TDLR v. Quincey C. Johnson. Rick Figueroa, seconded by Catherine Rodewald, moved to deny the rehearing. The motion was passed by unanimous vote.

Chairman Arismendez returned to the meeting room.

Chairman Arismendez moved to agenda item I, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 59, §§59.3, 59.10, 59.20, 59.21, 59.30, 59.51, 59.80 and 59.50, to update the continuing education requirements for the different professions regulated by the Department and provide general language cleanup, regarding the Continuing Education Requirements. Ravi Shah, seconded by Deborah Yurco, moved to approve the rules as presented with an effective date of October 1, 2016. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item J, Discussion and possible action on the proposed amendment to an existing rule at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter B, §60.24, to update the Advisory Board abolishment dates and comply with Texas Government Code, §2110.008, regarding the Procedural Rules of the Commission and the Department. Tom Butler, seconded by Rick Figueroa, moved to approve the rules as presented. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item K, Discussion and possible action on the proposed amendment to an existing rule at 16 Texas Administrative Code (TAC), Chapter 70, §70.30, to implement Senate Bill 1264, 84th Legislature, Regular Session (2015), which changed the height requirements, regarding the Industrialized Housing and Buildings Program. Ravi Shah, seconded by Tom Butler, moved to approve the rules as presented. 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 91, Dog or Cat Breeders, as a result of the four-year rule review. Deborah Yurco, seconded by Ravi Shah, moved to continue this item. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item N, Discussion and possible action on agency’s Recruitment Plan. Tom Butler, seconded by Catherine Rodewald, moved to approve the plan as presented. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item M, Discussion and possible action regarding streamlining the motion for rehearing process, including options for the Commission to delegate the approval of settlement agreements during pending motions for rehearing. This item was continued.

Chairman Arismendez moved back to agenda item C, Executive Session at 12:25 p.m.

The open meeting reconvened at 2:00 p.m.

There was no action taken on the Executive Session.

Chairman Arismendez moved to agenda item Q, Public Comment. One public comment was heard from Nina Jo Saint, Education Director with SafeWay Driving.

Chairman Arismendez moved to agenda item R, Discussion of date, time and location of future Commission meetings. The next meeting dates are: October 5, 2016; and November 16, 2016. The Commission will also set a meeting date sometime in January of 2017.

Chairman Arismendez adjourned the meeting at 2:07 p.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation