TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of October 5, 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 9:00 a.m., Wednesday, October 5, 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: Brian Francis, Executive Director; Brad Bowman, General Counsel; Della Lindquist, Deputy General Counsel; Doug Jennings, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Laura Pfefferle, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Colleen Tran, Assistant General Counsel; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

Chairman Arismendez moved to agenda item I, Review and discussion of Internal Audit Report on Tow Trucks, Booting, and Vehicle Storage Facilities Program and Water Well Drillers and Pump Installers Program. The Commission heard a presentation from the Auditors and staff and had their inquiries addressed.

Chairman Arismendez moved to agenda item C, Executive Session at 9:28 a.m.

The open meeting reconvened at 11:21 a.m.

There was no action taken on the Executive Session.

Chairman Arismendez moved to agenda item E, Approval of minutes – meeting of August 24, 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 G, Contested Cases. The final actions on the Proposals for Decision are as follows:

Docket number ACR20140006024/452-16-3098.ACR, TDLR v. Marvin Wesley Parker. This case was continued.

Docket number ACR20150012391/452-16-1730.ACR, TDLR v. Richard H. Barnet. Tom Butler, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20160002076/452-16-3019.ACR, TDLR v. Karlos M. Arthur. Ravi Shah, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20160008626/452-16-4010.ELC, TDLR v. Daniel Troy Smith. Ravi Shah, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion was passed with Mike Arismendez, Tom Butler, Rick Figueroa, Ravi Shah, and Deborah Yurco voting in favor; Catherine Rodewald voting in dissent; and Helen Callier abstaining.

Docket number ELC20160009467/452-16-4185.ELC, TDLR v. Henry N. Landin. Helen Callier, seconded by Deborah Yurco, moved to accept the Proposal for Decision 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:

Docket numbers TOW20120003535, TOW20130008162, TOW20130005860, TOW20130013773, TOW2013006111, TOW20130021490, TOW20130022330, TOW20130008210, TOW20140002389, TOW20140008614, VSF20130008792, TOW2014008480, TOW20130023981, VSF20130008251, VSF20130018035, TOW20130008649, VSF20130010825, TOW20130013366, and TOW20140002737/452-14-3330.TOW, TDLR v. Merlin Transport, Inc. d/b/a Excalibur Towing. Helen Callier, seconded by Rick Figueroa, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket numbers VSF20140004016, VSF20140008529, VSF20140010543 and VSF20140011656/452-14-4710.VSF, Pendragon Transportation LLC d/b/a Universal Storage Facility. Tom Butler, seconded by Rick Figueroa, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket numbers VSF20160001767 & VSF20160010231, TDLR v. Avalon Storage Services LLC. Catherine Rodewald, seconded by Helen Callier, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket numbers TOW20160010242, VSF20160010238 and TOW20160005687, TDLR v. Merlin Transport, Inc. d/b/a Merlin Transport Corporation d/b/a Excalibur Towing Company d/b/a Universal Storage Facility. Helen Callier, seconded by Rick Figueroa, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number APR20160016954, TDLR v. Richard E. Redner, Sr. d/b/a South Texas Core. Ravi Shah, seconded by Deborah Yurco, moved to grant the rehearing. The motion was passed by unanimous vote.

Docket number BAR20160013182, Eric Lanorris Stone d/b/a Jarhead’s HQ Barber Shop. Rick Figueroa, seconded by Tom Butler, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number BAR20160010230, TDLR v. Heribeto Frausto Jimenez d/b/a Erick’s Barber Shop. Deborah Yurco, seconded by Rick Figueroa, moved to grant the rehearing. The motion was passed by unanimous vote.

Docket number ELC20140012675, TDLR v. Willie D. Deason. Tom Butler, seconded by Catherine Rodewald, moved to grant the rehearing. The motion was passed by unanimous vote.

Docket numbers TOW20150000683 and VSF20150000712, TDLR v. Gary Tate d/b/a Auto Specialty. Tom Butler, seconded by Rick Figueroa, moved to grant the rehearing and remand the case back to Enforcement. The motion was passed with Mike Arismendez, Tom Butler, Helen Callier, Rick Figueroa, Catherine Rodewald, and Deborah Yurco voting in favor; and Ravi Shah voting in dissent.

Chairman Arismendez moved to agenda item J, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 100, §§100.1, 100.10, 100.20, 100.30 and 100.40, to implement Senate Bill 202, which added new provisions to the Department’s enabling statute by creating §51.2031, regarding the General Provisions for Health-Related Programs. Tom Butler, seconded by Catherine Rodewald, 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 re-adoption of 16 Texas Administrative Code, Chapter 91, Dog or Cat Breeders, as a result of the four-year rule review, including an overview of the rulemaking and rule review process. Helen Callier, seconded by Tom Butler, moved to approve the rules as presented. The motion was passed by unanimous vote.

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

  • Auctioneer Advisory Board – Reappointments: Joel Lemley (term expires 09/01/2015); John Swofford (term expires 09/01/2015); Norman N. Seaton (term expires 09/01/2015); and Shelley Weidner (term expires 09/01/2015)
  • Dyslexia Therapists and Practitioners Advisory Committee – New appointment: Beatriz Daniels (term expires 12/31/2017)
  • Towing, Storage and Booting Advisory Board – New appointment: Bruce Sonnenberg (term expires 02/01/2015)

Chairman Arismendez left the meeting at 12:39 p.m.

Vice-Chair Butler moved to agenda item L, Discussion and possible action to approve the Criminal Conviction Guidelines for the Midwifery program. Deborah Yurco, seconded by Rick Figueroa, moved to approve the guidelines as presented. The motion was passed by unanimous vote.

Commissioner Rick Figueroa left the meeting at 12:55 p.m.

Vice-Chair Butler moved to agenda item M, Discussion and possible action to approve the Criminal Conviction Guidelines for the Dietitians program. Ravi Shah, seconded by Helen Callier, moved to approve the guidelines as presented. The motion was passed by unanimous vote.

Vice-Chair Butler moved to agenda item O, Staff Reports. Christina Kaiser (for Brian Francis who was at the Senate Business and Commerce Committee Hearing), George Ferrie and Stephen Mills, Manager of the Compliance Health Professions Program Section, reported to the Commission and answered questions on their latest activities.

Commissioner Shah left the meeting at 1:18 p.m.

There were no Advisory Board Reports given.

Vice-Chair Butler moved to agenda item R, Public Comments. There were no public comments.

Vice-Chair Butler moved to agenda item S, Discussion of date, time, and location of future Commission meetings. The next meetings were determined to be November 16, 2016, and January 18, 2017; with tentative dates set for March 1, 2017, and April 5, 2017.

Helen Callier, seconded by Deborah Yurco moved to adjourn the meeting. The motion was passed by unanimous vote at 1:25 p.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation