JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION

Procedural Rules of the Commission and the Department
Chapter 60. Procedural Rules of the Commission and the Department

(effective March 15, 2017)

The Texas Department of Licensing and Regulation (Department) filed a Notice of Intent to Review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code (TAC), Chapter 60, relating to the Procedural Rules of the Commission and the Department. The Notice of Intent to Review was published in the December 16, 2016, issue of the Texas Register (41 TexReg 9983). The public comment period closed on January 17, 2017.

Texas Government Code, §2001.039 requires state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing the Procedural Rules of the Commission and the Department under Texas Occupations Code, Chapter 51, are scheduled for this four-year review.

The Department has reviewed these rules and has determined that the rules are still essential in implementing the statutory provisions of Texas Occupations Code, Chapter 51, Texas Department of Licensing and Regulation. The rules provide details that are not found in the program statute but are necessary for implementation and operation of this program. For example, the rules detail general Commission and Executive Director powers and duties, rulemaking procedures, and contested case procedures that are necessary for the operation of all Department programs.

The Department received eight public comments in response to the Notice of Intent to Review. One commenter explained the necessity of having regulation for sanitation in salons. One commenter wants to stay on top of any rule changes. One commenter expressed concern over not requiring ventilation in nail salons. One commenter recommended getting rid of Brazilian blowouts due to health concerns. One commenter explained they had eye surgery and as a result missed several questions on the exam but wants to maintain their license. One commenter does not think the sanitation hour is necessary for licensed elderly people. One commenter recommended the Department regulate roofers, foundation repair contractors and possibly asphalt repairers. The last commenter requested cosmetology board members have at least 5 years of experience; changing the name from “operator” to “cosmetologists”; and a continuing education overhaul to allow more flexibility in classes taken. These comments will be taken under consideration as part of any possible rule changes in the future.

At its meeting on March 1, 2017, the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, readopted the rules at 16 TAC, Chapter 60 Procedural Rules of the Commission and the Department, in their current form. As a result of this review process, the Department may propose amendments in the future that may further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The rules are re-adopted by the Commission in accordance with Texas Government Code §2001.039. This concludes the review of 16 TAC, Chapter 60, Procedural Rules of the Commission and the Department.

Issued in Austin, Texas on March 15, 2017.

Brian E. Francis 
Executive Director 
Texas Department of Licensing and Regulation