Texas Commission of Licensing and Regulation
Summary of Minutes

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of September 25, 2018
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 8:40 a.m., Tuesday, September 25, 2018. Members present were Chairman Mike Arismendez, Vice-Chair Tom Butler, Commissioners Rick Figueroa and Gary Wesson. A roll call verified that a quorum was present. Rick Figueroa, seconded by Tom Butler, made a motion to excuse the absence of Ray Callas, Hellen Callier and Deborah Yurco. Motion passed by unanimous vote.

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; Derek Burkhalter, Assistant General Counsel; Doug Jennings, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Mark Gladney, Assistant General Counsel; Elizabeth Salinas-Strittmatter, Assistant General Counsel; Colleen Tran, Assistant General Counsel; Mia Settle, Assistant General Counsel; Sharon Homoya, Personnel Director; Christina Kaiser, Director of Enforcement; and Tamala Fletcher, Executive Assistant.

Chairman Arismendez moved to agenda item C, Public Comment. There was no public comment.

Chairman Arismendez passed agenda item D, Recognition of Kay Mahan, Executive Assistant to the Commission for her 29 years of service to the State of Texas and 21 years of service to the Texas Department of Licensing and Regulation.

Chairman Arismendez moved to agenda item K, Discussion and possible action to approve the Fiscal Year 2018 Annual Internal Audit Report including review of the Fiscal Year 2018 audit and follow-up of prior years’ audits. The Commission heard the report from the Auditors. Tom Butler, seconded by Gary Wesson, made a motion to approve the Audit Report with an amended report date of September 25, 2018. The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item L, Discussion and possible action to approve the Fiscal Year 2019 Internal Audit Plan. Rick Figueroa, seconded by Tom Butler, made a motion to approve the 2019 Internal Audit Plan. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda items E and F, Executive Session and Action on items discussed in Executive Session. Recessed to Executive Session. The Commission took no action on item F.

Chairman Arismendez moved to agenda item G, Approval of Minutes – Meeting July 20, 2018. Rick Figueroa, seconded by Gary Wesson, made a motion to accept the minutes as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item H, Contested Cases - consideration and possible action on the following cases:

Docket Number TOW20180002329, Capitol Wrecker, LLC. Rick Figueroa, seconded by Gary Wesson, moved to accept the Proposal for Decision as presented. The motion passed by unanimous vote.

Docket Numbers TOW20180001636 and VSF20180002931, Andres Cevallos, III. Tom Bulter, seconded by Gary Wesson, moved to accept the Proposal for Decision with a correction to the date of the crime and Conclusion of Law No. 14. The motion passed by unanimous vote.

Docket Number ELC20170017601, Rey A. Maldonado. Commission continued this matter to the October meeting based on Respondent’s request for a continuance.

Docket Number ELC20170022868, Michael L. Jessup, Jr. Commission continued this matter to the October meeting based on Respondent’s request for a continuance.

Docket Number ELC20180000264, Jerod Brent Day. Gary Wesson, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion passed by unanimous vote.

Docket Number ELC20180001784, Clinton Edward Graham, Jr. Rick Figueroa, seconded by Tom Butler, moved to accept the Proposal for Decision as presented. The motion passed by unanimous vote.

Docket Number ELC20180005619, Christopher C. Whitesall. Rick Figueroa, seconded by Tom Butler, moved to accept the Proposal for Decision as presented. The motion passed by unanimous vote.

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

Docket Number COS20180007507, Olga Gonzalez dba Olga’s Beauty Salon. Rick Figueroa, seconded by Tom Butler, moved to deny the motion for rehearing. The motion passed by unanimous vote.

Docket Number TOW20170016963, A & A Wrecker Recovery dba A & A Wrecker. Tom Butler, seconded by Mike Arismendez, moved to grant the motion for rehearing. The motion passed by unanimous vote.

Docket Numbers TOW 20170012585 and TOW20170004556, Akram Nasreddine dba Akram N. Inc dba Austin Express Towing. Rick Figueroa, seconded by Tom Butler, moved to grant the motion for rehearing. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item J, Update on the motion for rehearing process. Brad Bowman, General Counsel and Doug Jennings, Assistant General Counsel provided an overview of the draft report.

Chairman Arismendez moved to agenda item M. Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 74, §74.100 to update references, add ASME A17.1 code changes, and renumber the section accordingly, regarding the ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT. Rick Figueroa, seconded by Tom Butler, moved to approve the rules with an effective date of November 1, 2018. The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item N. Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 84, Subchapter E, §84.61 and §84.63, to Implement Senate Bill 848 and House Bill 912, 85th Legislature, Regular Session (2017), to include the option of electronic delivery of uniform certificates of course completion, regarding the DRIVER EDUCATION AND SAFETY program. Rick Figueroa, seconded by Tom Butler, moved to approve the rules with an effective date of November 1, 2018. The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item O. Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 100, §100.1; and proposed new rules §100.31 and §100.50, to add behavior analysts and podiatrists to the General Provisions for HEALTH-RELATED PROGRAMS. Tom Butler, seconded by Rick Figueroa, moved to approve the rules with an effective date of November 1, 2018. The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item P. Discussion and possible action on the proposed REPEAL to existing rules at 16 Texas Administrative Code, Chapter 130, Subchapter A, §§130.1 - 130.13; Subchapter B, §§130.20 - 130.27; Subchapter C, §§130.30 - 130.46; Subchapter D §§130.50 - 130.68; Subchapter E, §§130.70 -130.99; Subchapter F, §§130.100 - 130.106; Subchapter G, §§130.120 - 130.125; Subchapter H §§130.130 -130.134; Subchapter I, §§130.140 – 130.144; Subchapter J, §§130.150 -130.159; Subchapter K, §§130.160 -130.169, and Subchapter L, §§130.170 - 130.172, TO IMPLEMENT THE TRANSFER of the Texas State Board of Podiatric Medical Examiners to the Texas Department of Licensing and Regulation pursuant to House Bill 3078, 85th Legislature, Regular Session (2017), regarding the PODIATRY Program. Gary Wesson, seconded by Rick Figueroa, moved to repeal the rules with an effective date of November 1, 2018. The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item Q. Discussion and possible action on the proposed new rules at Subchapter A, §130.1 and §130.2; Subchapter B, §§130.20 - 130.29; Subchapter C, §§130.30 - 130.33; Subchapter D, §§130.40 – 130.48; Subchapter E, §§130.50 - 130.57; Subchapter F, §130.60; Subchapter G, §§130.70 - 130.73, TO IMPLEMENT THE TRANSFER of the Texas State Board of Podiatric Medical Examiners to the Texas Department of Licensing and Regulation pursuant to House Bill 3078, 85th Legislature, Regular Session (2017), regarding the PODIATRY Program. Gary Wesson, seconded by Rick Figueroa, moved to adopt the rules with an effective date of November 1, 2018. The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item R. Discussion and possible action on the proposed new rule at 16 Texas Administrative, Code, Chapter 114, §114.75, adding provisions addressing scope and conditions of practice, regarding the ORTHOTICS AND PROSTHETICS program. Rick Figueroa, seconded by Gary Wesson, moved to approve the rules with an effective date of November 1, 2018. The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item S. Discussion and possible action to approve the Criminal Conviction Guidelines for the PODIATRY program. Rick Figueroa, seconded by Tom Butler, moved to approve the criminal conviction guidelines. The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item T. Discussion and possible action to approve the Criminal Conviction Guidelines for the MASSAGE THERAPY program. Gary Wesson, seconded by Rick Figueroa, moved to approve the criminal conviction guidelines. The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item U. Discussion and possible action on approving the Registered Accessibility Specialist’s Procedures for the new TABS system in the ELIMINATION OF ARCHITECTURAL BARRIERS Program. Gary Wesson, seconded by Rick Figueroa, moved to approve the procedure. The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item V. Staff Reports and Briefing from agency staff. Carla James, Deputy Executive Director and Nick Voinis, Chief of Staff introduced new employees. Brian acknowledged retiring employees. Brad Bowman and Christina Kaiser introduced new employees.

Chairman Arismendez moved to agenda item X. Discussion of date, time and location of future Commission Meetings. The commission set the next meetings for October 26, 2018; November 30, 2018, and January 11, 2019.

Chairman Arismendez adjourned the meeting at 12:59 p.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation