TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of December 15, 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 8:42 a.m., Friday, December 15, 2017. Members present were Chairman Mike Arismendez, Vice-Chair Tom Butler, Commissioners Helen Callier, Rick Figueroa, Ravi Shah, and Deborah Yurco. A roll call verified that a quorum was present.

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; Doug Jennings, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Elizabeth Salinas-Strittmatter, Assistant General Counsel; Sharon Homoya, Personnel Attorney; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

Chairman Arismendez moved to agenda item C, Executive Session at 8:45 a.m.

The Commission took no action on the Executive Session.

The open meeting reconvened at 9:45 a.m.

Chairman Arismendez moved to agenda item T, Discussion and possible action to appoint a Human Resources Workgroup to review and make recommendations regarding personnel policies and the executive director appraisal tool. Commissioners Rick Figueroa, Ravi Shah, and Deborah Yurco were appointed to the workgroup.

Rick Figueroa, seconded by Deborah Yurco, moved to approve the minutes from the meeting of October 20, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item F, Moment of Silence for George Ferrie.

Chairman moved to agenda item G, Contested Cases. The final action on the Proposal for Decision is as follows:

Docket number ELC20150011714/452-17-2703.ELC, TDLR v. Carlos Casas. Deborah Yurco, seconded by Helen Callier, moved to approve the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20160002416/452-16-4664.ELC, TDLR v. Rigoberto Martinez. Deborah Yurco, seconded by Ravi Shah, moved to approve the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number BAR20170002791/452-17-3472.BAR, TDLR v. Teodoro “Teddy” M. Hernandez. Rick Figueroa, seconded by Tom Butler, moved to deny the Proposal for Decision and revoke the license. The motion was passed by unanimous vote.

Docket number BAR20170005361/452-17-3097.BAR, TDLR v. Joel F. Montelongo. Rick Figueroa, seconded by Deborah Yurco, moved to approve the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number BAR20170007789/452-17-4402.BAR, TDLR v. Yandell Douglas Turner. Deborah Yurco, seconded by Helen Callier, moved to approve the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20170004140/452-17-3569.ELC, TDLR v. Daniel Rodriguez. Rick Figueroa, seconded by Deborah Yurco, moved to approve the Proposal for Decision as presented. The motion was passed with Mike Arismendez, Tom Butler, Rick Figueroa, Helen Callier, and Deborah Yurco voting in favor; and Ravi Shah voting in dissent.

Docket number TOW20170002796/452-17-2562, TDLR v. Jonathan L. Rector. Ravi Shah, seconded by Helen Callier, moved to amend the Proposal for Decision and maintain the suspension until March of 2018 and probate the suspension for 2 years. The motion was passed with Helen Callier, Rick Figueroa, Ravi Shah, and Deborah Yurco voting in favor; and Mike Arismendez and Tom Butler voting in dissent.

Docket number TOW20170009935/452-17-2982.TOW, TDLR v. Jeremy D. Latham. Deborah Yurco, seconded by Ravi Shah, moved to approve the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number AUC20170008062/452-17-2426.AUC, TDLR v. Vern R. Wallace. Deborah Yurco, seconded by Helen Callier, moved to approve the Proposal for Decision as presented. The motion was passed by unanimous vote. Helen Callier, seconded by Deborah Yurco, moved to reconsider this case. The motion was passed by unanimous vote. Deborah Yurco, seconded by Helen Callier, moved to approve the Proposal for Decision with recommended changes set out by General Counsel concerning pro-rata payouts. The motion was passed by unanimous vote.

Docket number BRE20160016879/452-17-2424.BRE, TDLR v. Brinda C. Redwine d/b/a Giant German Shepherds. Deborah Yurco, seconded by Ravi Shah, moved to amend the Proposal for Decision (petitioner held out as a licensed breeder) with a penalty of $3000. The motion was passed with Tom Butler, Helen Callier, Rick Figueroa, Ravi Shah, and Deborah Yurco voting in favor; and Mike Arismendez voting in dissent.

Docket number BRE20160021756/452-17-3570.BRE, TDLR v. Young Souk Van Roekel d/b/a Young Van Roekel. Deborah Yurco, seconded by Rick Figueroa, moved to approve the Proposal for Decision with a penalty of $10,000. 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 ACR20160010963, ACR20160022299, ACR20160024673, ACR20160010457, and ACR2017007593, TDLR v. Gustavo L. O’Hara d/b/a Mikassa. Ravi Shah, seconded by Tom Butler, moved to deny the rehearing. The motion was passed with Mike Arismendez, Tom Butler, Helen Callier, Rick Figueroa, and Ravi Shah voting in favor; and Deborah Yurco voting in dissent.

Docket number ELC20170011105, TDLR v. Jose A. Castillo, Jr. Ravi Shah, seconded by Tom Butler, moved to deny the rehearing. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item S, Discussion and update on the revised Informed Choice and Disclosure form in the Midwives program. Charlotte Melder, Enforcement Division, gave an update and answered questions from the Commission.

Chairman Arismendez moved to agenda item I, Discussion and possible action to consider proposals received in response to Request for Qualification for Internal Audit Services and to authorize the Department to enter into a contract with the selected vendor. Ravi Shah, seconded by Helen Callier, moved to approve staff recommendation. The motion was passed with Tom Butler, Helen Callier, Rick Figueroa, Ravi Shah, and Deborah Yurco voting in favor; and Mike Arismendez voting in dissent.

The meeting was recessed at 12:27 p.m.

The meeting was reconvened at 12:44 p.m.

Chairman Arismendez moved to agenda item J, Discussion and possible action on the proposed repeal of existing rules at 16 Texas Administrative Code, Chapter 64, §§64.1, 64.10, 64.20, 64.70, 64.72 and 64.80, to implement Senate Bill 2065, 85th Legislature, Regular Session (2017), repealed the state licensing requirements for temporary common worker employers under Texas Labor Code, Chapter 92, regarding the Temporary Common Worker Employers program. Ravi Shah, seconded by Helen Callier, moved to approve the rule repeal with an effective date of January 15, 2018. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item L, Discussion and possible action on the proposed repeal of existing rules at 16 Texas Administrative Code, Chapter 71, §§71.1, 71.10, 71.20, 71.22, 71.70, 71.80 and 71.90, to implement Senate Bill 2065, 85th Legislature, Regular Session (2017), repealed the state registration requirements for Vehicle Protection Product Warrantors under Texas Occupations Code, chapter 2306, regarding the Vehicle Protection Product Warrantors program. Rick Figueroa, seconded by Helen Callier, moved to approve the rule repeal with an effective date of January 15, 2018. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item K, Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 65, Subchapter A, §65.1 and §65.2; Subchapter C, §§65.12-65.15; Subchapter D §65.25; Subchapter E, §65.30; Subchapter G, §65.45; Subchapter J, §65.72; Subchapter N, §65.217; Subchapter O, §65.300; Subchapter R, §§65.601, 65.603, 65.606-65.609; proposes repeal of current Subchapter I, §65.63; and proposes new Subchapter I, §65.63 and §65.64, to implement House Bill 3257, 85th Legislature, Regular Session (2017), and standardize use of the metrication system, correct punctuation, and make editorial clarifications, regarding the Boilers program. Helen Callier, seconded by Ravi Shah, moved to approve the rules and repeal with an effective date of January 15, 2018. The motion was 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 82, §§82.10, 82.20, 82.22, 82.23, 82.29, 82.40, 82.50, 82.52, 82.54, 82.70-82.72, 82.78, 82.80, 82.102, and 82.108; and the proposed repeal of current §82.53, to update and streamline the rules and implement House Bill 2738, House Bill 2739, Senate Bill 1603, and Senate Bill 2065, 85th Legislature, Regular Session (2017), regarding the Barbers program. Ravi Shah, seconded by Deborah Yurco, moved to approve the rules and repeal with an effective date of January 15, 2018. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item O, Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 83, §§83.10, 83.22-83.25, 83.29, 83.31, 83.40, 83.50-83.52, 83.54, 83.70-83.73, 83.78, 83.80, 83.102 and 83.105; and the proposed repeal of current §83.53, to update and streamline the rules and implement House Bill 2552, House Bill 2738, House Bill 2739, Senate Bill 1503 and Senate Bill 2065, 85th Legislature, Regular Session (2017), regarding the Cosmetologists program. Deborah Yurco, seconded by Helen Callier, moved to approve the rules and repeal with an effective date of January 15, 2018. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item P, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 85, §§85.201, 85.204, 85.206, 85.450, 85.451, 85.650, 85.703, 85.704, 85.722, 85.800 and 85.1003; and proposes the repeal of §85.205 and §85.452, to update and streamline the rules and implement Senate Bill 1501, Senate Bill 2065, House Bill 1247 and House Bill 2615, 85th Legislature, Regular Session (2017), regarding the Vehicle Storage Facilities program. Tom Butler, seconded by Helen Callier, moved to approve the rules and repeal with an effective date of January 15, 2018. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item Q, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 86, §§86.10, 86.450, 86,451, 86.650, 86.705 and 86.800; and proposes the repeal of §§86.212, 86.213, and 86.452, to update and streamline the rules and implement Senate Bill 1501, Senate Bill 2065, and House Bill 2615, 85th Legislature, Regular Session (2017), regarding the Vehicle Towing and Booting program. Rick Figueroa, seconded by Ravi Shah, moved to approve the rules and repeal with an effective date of January 15, 2018. The motion was passed by unanimous vote.

Deborah Yurco left the room.

Chairman Arismendez moved to agenda item M, Discussion and possible action on proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 73, §73.26, for verification of on-the-job training, regarding the Electricians program. Ravi Shah, seconded by Helen Callier, moved to approve the rule with an effective date of January 15, 2018. The motion was passed by unanimous vote.

Deborah Yurco returned to the meeting.

Chairman Arismendez moved to agenda item R, Discussion and possible approval of the Criminal Conviction Guidelines for the Dyslexia Therapists and Practitioners program. Rick Figueroa, seconded by Helen Callier, moved to approve the Guidelines. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item U, Approval of appointments of members to Advisory Boards, including appointment of presiding officers. Rick Figueroa, seconded by Helen Callier, moved to approve the appointments. The motion was passed by unanimous vote.

  • Auctioneer Advisory Board – New appointment: Justin Adcock (term expires 09/01/2019).
  • Board of Boiler Rules – New appointment: Naomi Doyle (term expires 01/31/2023).
  • Code Enforcement Officers Advisory Committee – New appointments: Mariola Sullivan (term expires 02/01/2023) and Marie Brown (term expires 02/01/2019).
  • Advisory Board on Cosmetology – New appointment: Betty Neff (term expires 09/29/2023).
  • Hearing Instrument Fitters and Dispensers Advisory Board – New appointments: T.J. McDow (term expires 02/01/2023) and Detra Stewart (term expires 02/01/2019).
  • Massage Therapy Advisory Board – New appointment: Antonio Gracia, Jr. (term expires 09/01/2019).

Chairman Arismendez moved to agenda item V, Staff Reports. Carla James and Nick Voinis gave reports to the Commission and answered questions.

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

Chairman Arismendez moved to agenda item Y, Discussion of date, time, and location of future Commission meetings. The next meetings were tentatively set for February 23, 2018, March 30, 2018, and May 25, 2018.

Chairman Arismendez moved to agenda item Z, Adjournment. The meeting was adjourned at 1:31 p.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation