Agenda for August 6th Board Meeting (9:00 a.m.)

1. Call to order and roll call by Mr. Wayne Moore, Vice Chairman, Texas State Board of Barber Examiners.

2. Introduction by Mr. Wayne Moore of Mr. William Kuykendall as the new Chairman of the Texas State Board of Barber Examiners to serve at the pleasure of the Governor.

3. Introduction and administration of the oath of office by Chairman Kuykendall to the new member of the Texas State Board of Barber Examiners, Ronald L. Brown, for a term that begins on August 6, 2002 and ends on January 31, 2007.

4. Read and possibly approve Board Minutes of June 4, 2002.

5. Read and possibly approve Board Minutes of June 17, 2002.

6. Recognize the following three individuals for their service to the barber profession and community:

L. J. Cook for more than 63 years

Ray Dell Galloway for more than 55 years

Ronald L. Brown for 36 years as a Texas barber, for 18 years as a school owner,

for providing an exceptional examination site for 15 years, and for dedicated

service before the Texas Legislature

7. Consider James A. Crain's (file # 228999) motion for rehearing of the Board's final order (April 9) of an administrative penalty ($800: two violations of no booth rental) proposed by the Administrative Law Judge from the State Office of Administrative Hearings - default case.

8. Discuss for possible action Proposals for Decision from the State Office of Administrative Hearings (April 2, 2002).

9. Discuss for possible ratification the Agreed Orders in the Matter of Assessment of an Administrative Penalty Against Certain Licensees in Cases Brought for Informal Hearings before the Executive Director on July 22, 2002.

10. Discuss possible procedures for implementing rule §51.141(5)(B) adopted by the Board on June 4, 2002.

(B) The use of any drill or similar tool designed for use by a manicurist or pedicurist is prohibited without proof of certification of training of that manicurist or pedicurist through a program approved by the Texas State Board of Barber Examiners.

Consider comments from Nancy King, Karen Mayer, and Lucia Hale (Association of Electric File Manufacturers)

11. Discuss possible procedures for implementing rule §51.141(5)(A) adopted by the Board on June 4, 2002.

(A) The use of any blade or cutting tool for the purpose of removing corns or calluses is considered a medical practice and is prohibited.

12. Consider proposed "housekeeping" amendments to rule §51.3 Administrative Fines to comply with the requirements enacted by the 77^th Texas Legislature.

13. Review and discuss proposed changes to the Texas Occupations Code, Chapter 1601. Barbers for the 78th Texas Legislature.

a. provide that an applicant for a teacher's certificate must be a Class A barber and must have at least three (rather than five) years' experience as a practicing barber in a barbershop, two years of which occurred in the two years preceding the application date (1601.254)

b. provide that an applicant for a manicurist license must be at least seventeen (rather than sixteen) years of age (1601.257)

c. reconsider the proposal to retain the health certificate vis-à-vis the Executive Director's letter to the Texas Department of Health's Associate Commissioner for Disease Control and Prevention (1601.264; 1601.402)

d. reconsider the Texas Association of Tonsorial Artists' proposal set forth below vis-à-vis research conducted by the Board's Assistant Attorney General of the enabling legislation of 11 other professions (1601.303)

This proposal was presented to the Board at the June 4th meeting

That the Board shall issue a barbershop permit to an applicant if:

(1) the applicant has inherited existing barbershop(s)

(2) the applicant is expanding locations of inherited shops

(3) all operating barbers in the inherited and expanded barbershop locations hold a Class A barber certificate

(4) all operating barbers in said shop(s) have practiced barbering for at least 12 months

(5) the shop meets the minimum health standards for barbershops set by the Board and all other rules of the Board.

e. provide that a barbershop owner's name must also appear on a barbershop permit if a barber is not the owner of the barbershop (1601.303)

f. provide that the Board shall adopt reasonable rules on cleanliness for all licensees and permit holders rather than maintain detailed cleanliness requirements in the Code (1601.506)

g. provide that, in addition to the teacher required by Section 1601.355(b), a barber school that provides training leading to issuance of a Class A barber certificate shall have at least one qualified instructor, holding a Class A certificate, for every 30 (rather than 20) students on premises (1601.560)

h. provide that the attorney general may file an action for an injunction or other proceeding to enjoin a barber, barbershop owner, or barber school from operating in violation of the Barber Law (1601.651)

i. provide that a barber, barbershop owner, or barber school that operates in violation of the Barber Law is liable to the state for a civil penalty in the amount of $25 a day for each day a violation occurs (1601.651).

j. provide that a person commits an offense if the person violates the Barber Law; an offense is a misdemeanor punishable by a fine of not less than $100 or more than $300 (a re-instatement of 1601.652 Offense; Penalty repealed by the 77th Texas Legislature).

k. provide that the Board may take a default judgment against respondents who fail to appear at scheduled hearings before the Executive Director (1601.705)

l. provide for raising the maximums for various fees and other fee changes

m. Consider other possible changes that were proposed after posting the August agenda in the Texas Register

14. Review and discuss Agency's financial budget for 09/01/2001 - 07/31/2002.

15. Review and discuss Agency's administrative fine report for 09/01/2001 - 07/31/2002

16. Discuss for possible approval the Agency's Legislative Appropriations Request for Fiscal Years 2004 and 2005.

17. Discuss staff's presentation before the Texas Conservative Coalition Research Institute as requested by Rep. Ray Allen.

18. Discuss for possible approval the Agency's schedule of examinations for 2003.

19. Discuss for possible approval the Agency's poster, "Sanitation Rules for Barber Shops and Barber Schools and Colleges" [22 Texas Administrative Code 51.93]

20. Discuss updates to the Agency's licensing data base

21. Discuss updates to the Agency's web site.

22. Public Comment.