December 11, 2007 8:30 a.m.

E.O. Thompson State Office Building 7^th Floor Public Meeting Room 920 Colorado Austin, Texas

If you require auxiliary aids, services or materials in an alternate format contact the Texas Department of Licensing and Regulation at least 5 working days prior to the meeting date. Phone: (512) 463-3173, FAX: (512) 475-2874, E-MAIL: advisory.boards@license.state.tx.us, TDD/RELAY TEXAS: 1-800-relay-VV (for voice), 1-800-relay-TX (for TDD).

Listen to the meeting on Real Audio at – http://real.license.state.tx.us:554/ramgen/archive/commeet/cm121107.rm?usehostname

A. Call to Order

B. Roll Call and Certification of Quorum (any person wishing to address the Commission should complete a Public Comment Form and submit it to the Executive Assistant)

Approval of Minutes - Meetings of October 30, 2007 and October 31, 2007

C. Public Comment

D. Discussion and possible action on the adoption of proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 75, §§75.10,
75.24, 75.80, and 75.90, and new rules §§75.27, 75.28, and 75.73 regarding the air conditioning and refrigeration contractors program to implement provisions of House Bill 463 adopted by the 80th Legislature providing for registration of air conditioning and refrigeration technicians, to clarify statutory provisions, and to delete provisions that are no longer relevant.

E. Discussion and possible action on the adoption of proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 82, §§82.10, 82.22, 82.29, 82.31, 82.70, 82.71, 82.80, 82.100 and a new rule at 16 Texas Administrative Code, §82.78, regarding the regulation of barbering as the second phase of Department rulemaking necessary to implement changes in law enacted by House Bill 2106, 80th Legislature; to make certain clean-up changes in the rules for barbering; and to reduce the application and renewal fees for a Class A barber license.

F. Discussion and possible action on the adoption of proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 83, §§83.10, 83.20, 83.22, 83.25, 83.26, 83.29, 83.31, 83.71, 83.80, 83.100 and a new rule at 16 Texas Administrative Code, §83.78, regarding the regulation of cosmetologists as the second phase of Department rulemaking necessary to implement changes in law enacted by House Bill 2106, 80th Legislature; to make certain clean-up changes in the rules for cosmetologists; to make changes to the continuing education requirements for cosmetologists as recommended by the Advisory Board on Cosmetology, and to reduce the fee for a revised/duplicate license.

G. Discussion and possible action on the adoption of proposed new rules at 16 Texas Administrative Code, Chapter 84, §§84.1, 84.10, 84.20, 84.21, 84.70-84.75, 84.80, 84.90, and 84.91 regarding the new discount health care card program to implement House Bill 3064, 80th Legislature, which provides for the registration of discount health care card program operators with each of their programs and the regulation of these programs’ operations.

H. Discussion and possible action on the adoption of proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 65, §65.80 regarding the boiler program inspection fees to raise the fee for an inspection conducted by an authorized inspector from $50 to $70; to raise the fee for an inspection conducted by a deputy inspector of a heating boiler without a manhole from $90 to $110 and for those with a manhole from $120 to $140; and to change the special inspection fees from $650 plus travel and per diem to a flat fee of $1200.

I. Discussion and possible action on the adoption of proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 64, §64.80 regarding the temporary common worker employers application fees for initial and renewal licenses to lower the application fee for an initial and renewal license from $550 to $150.

J. Discussion and possible action on the adoption of proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 71, §71.80 and §71.90 regarding the warrantors of vehicle protection products original and renewal registration fees to lower the original registration fee for a warrantor of vehicle protection products from $500 to $350 and to lower the renewal registration fee for registrants who became obligated as warrantors of 0 to 999 vehicle protection product warranties during the twelve (12) months preceding the date of the application from $500 to $350; for warrantors of 1,000-1,999 vehicle product warranties from $1,000 to $750; and for warrantors of 2,000 or more vehicle protection product warranties from $1,500 to $1,000; to clarify sanction and penalty grounds; and to remove the reference to 16 Texas Administrative Code, Chapter 60 because it is not necessary.

K. Discussion and possible action on the adoption of proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 74, §§74.10, 74.20, 74.25, 74.50, 74.55, 74.60, 74.70, 74.75, 74.80, 74.85, and 74.100 and new rule §74.26 regarding the elevators, escalators, and related equipment program to implement provisions of Senate Bill 1729, enacted by the 80th Legislature which grants authority to the Commission to adopt recent versions of applicable safety codes and authorizes the Department to grant variances to the codes for new technological improvements pending their inclusion in the applicable codes; and to clarify the rules.

L1. Consideration and possible action on a Motion for Rehearing filed by USA Employment, Docket No. PES2004001091C/452-06-2644.PES, PES2004001400C/452-06-2644.PES, PES2004001469C/452-06-2644.PES (Texas Department of Licensing and Regulation v. USA Employment)

L2. Consideration and possible action on a Motion for Rehearing filed by Dung Anh Tu d/b/a Tic Tac Nails, Docket No. COS2007000532D/452-07-2175.COS (Texas Department of Licensing and Regulation v. Dung Anh Tu d/b/a Tic Tac Nails)                               

L3. Consideration and possible action on a Motion for Rehearing filed by Diem Le, d/b/a Creative Nails & Spa, Docket No. COS2007000626C (Texas Department of Licensing and Regulation v. Diem Le, d/b/a Creative Nails & Spa)

L4. Consideration and possible action on a Motion for Rehearing filed by Metro Clear Lake Office Partners, LLC, Docket No. EAB2006002625D (Texas Department of Licensing and Regulation v. Metro Clear Lake Office Partners, L.L.C.)

M1. Contested Cases - consideration and possible action (heard before SOAH)

Tab	Docket Number	Respondent
1.	ACR2006003172S/452-07-2770.ACR ELC2006003173S/452-07-2770.ELC	Daryl Losaw d/b/a Daryl Losaw Builder
2.	ACR2006003175S/452-07-2348.ACR	Isaac Flores
3.	COS2006003004D/452-07-1420.COS	Lee and Dang Corporation
4.	COS2007002537D/452-07-2904.COS	Tommy Nguyen d/b/a Angel Nails
5.	COS2007001297L/452-07-3201.COS	Pegah Zabihi
6.	ELC2007002979L/452-07-3035.ELC	Michael Cervenka
7.	ELC2007000177S/452-07-2425.ELC	Richard DeMoss d/b/a Rick’s Repairs
8.	ELC2006003352S/452-07-1996.ELC	Andrew Ledom
9.	ELC2007002303L/452-07-2773.ELC	Jeffrey Wayne Smith
10.	ELC2007003270L/452-07-3436.ELC	Jesus Morones
11.	SLS2006004065D/452-07-0345.SLS	Physical Distribution Services, Inc. d/b/a Labor Services, Inc.

M2. Contested Cases – consideration and possible action (Respondent did not appear, heard before SOAH)

Tab	Docket Number	Respondent
12.	ELC2007000751L/452-07-1748.ELC	Christopher A. McBride
13.	ELC2007003803L/452-07-3204.ELC	Jimmy J. Huggins
14.	ELC2007004403L/452-07-4024.ELC	Wesley S. Sanders
15.	ELC2007004791L/452-07-3789.ELC	Michael V. Edwards
16.	ELC2007004952L/452-07-3893.ELC	Adam C. Newell

M3. Default Cases – consideration and possible action

Tab	Docket Number	Respondent
17.	BLR2007003952D	Jungel Bumi, Ltd. PS
18.	COS2007003730C	Steven Vo d/b/a Luxury Nails
19.	COS2007001218D	Guillermina Gibson d/b/a Guilles Hair Salon
20.	COS2007002490D	Phong Tab Loi d/b/a Sunny’s Nails
21.	COS2007005732D	Alicia Monje d/b/a Head Lines
22.	ELE2006003036C	Craig Silverthorne
23.	ELC2007003043S	John Rodriguez
24.	COS2006003620D COS2006003624D COS2006004005D COS2006004518D	Abdelrazek Aleskadrany d/b/a All Glamour Cuts
25.	COS2007003068D	Edith Gonzalez
26.	ELC2007004114S	Anthony Chris Martinez d/b/a Anthony’s Electric
27.	ELC2007004103S	Brandon D. Islas d/b/a Big “D” Electric
28.	COS2007002228D	Con Thanh Pham d/b/a OPI Nails
29.	COS2007003060D	Hermelinda Marva-Espinoza
30.	COS2007004878D	Natalie Marie Tero
31.	ELC2006004993C	Josue Belmares
32.	BAR2007004093D	Areceli Rojo d/b/a Araceli’s Touch of Class
33.	WWD2007005105C	Tobias Peters d/b/a Pearson Drilling
34.	COS2006002752C	Kim Ta d/b/a Cosmo Nails
35.	COS2007003700D	Edilma Hoops
36.	ACR2007003842D	Charles L. McCamant d/b/a Tech Air Conditioning
37.	ACR2007001590C	Al McCamant d/b/a Tech Air Conditioning
38.	ACR2007000648C	Phillip McAllister d/b/a Kool Kountry AC
39.	ACR2007003206C ACR2007004111S	Ricardo Yanez d/b/a Cool Experts
40.	COS2007003326C	Nhung Tuyet Nguyen d/b/a Cali-Nails

N. Staff Reports

O.Advisory Board Reports

P. Consideration and possible adoption of agency ethics policy

Q. Executive Session

1. Consultation with staff attorney pursuant to section 551.071, Government

Code wherein the Commission will receive a briefing from General Counsel
and Department staff concerning pending or contemplated litigation and
settlement offers.

2. Under section 551.074, Government Code, discussion of personnel matters

NOTE: The Commission may adjourn into Executive Session to consider any
item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion

R. Action on items discussed in Executive Session

Discussion and possible action on items discussed in the Executive session

S. Discussion of date, time and location of future Commission meetings

T. Adjournment