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Agenda:
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TSBBE BOARD MEETING AGENDA
for
October 4, 2004 at 2:30 P.M. and October 5, 2004 at 9:00 A.M
Meeting Location: 5717 Balcones Drive, Austin, Texas 78731
The Board may deliberate and take action regarding any item on the agenda.
The Board may go into Executive Session for consultation with the Board’s attorney
for matters authorized under Chapter 551.071 of the Texas Government Code,
and/or for deliberation of personnel matters authorized under Chapter 551.074
of the Texas Government Code.
1. Pursuant to Chapter 551 of the Texas Government Code (Open Meetings), call
to order and roll call by William H. Kuykendall, J.D., Chairman, Texas State
Board of Barber Examiners, or by presiding officer.
2. Review and approval of minutes for July 12 & 13, 2004 board meeting.
3. Consideration of and possibly take action on approval of certificates of
appreciation for former board members Taren Hollister and Wayne Moore, for
former executive director Dr. Douglas A. Beran , and for barbers being
recognized for years of service to the people of Texas.
4. Public Comments
5. Consideration of and possibly take action on Executive Director’s Report
(general update on agency operations) including but not limited to:
A. Status of shared inspections program, including frequency of inspections
and hair on floor
B. Agency implementation of audit recommendations and audit review in the
Fall of 2004
C. Update on Texas Online projects
D. Update on legislative hearings and possible activity before January, 2005
E. Agency Personnel Manual and Board Governance policies
F. Risk Assessment Report
G. Need to redact and reprint updated Rules booklet
H. Other items as necessary
6. Consideration of and possibly take action on agency reports, including but
not limited to:
A. Financial Operations Report for Fiscal Year 2004
B. Agency Operations Budget for Fiscal Year 2005
C. Report on Schools and Enrollments for Fiscal Year 2004
D. Report on Schools and Enrollments for September, 2005
E. Report on Barber Examinations for Fiscal Year 2004
F. Report on Barber Examinations for September, 2005
G. Report on Fines and Receivables for Fiscal Year 2004
H. Other reports as available or necessary
7. Consideration of and possibly take action on Agreed Orders (from Executive
Director) for cases heard in Informal Hearings on July 19, 2004, August 23,
2004, and September 20, 2004 for the following individuals:
A. July 19, 2004 Informal Conferences
1. Anthony Hines, File #227809
2. Jennifer Hill, File #96693
B. August 23, 2004 Informal Conferences
1. Eugene Braun, File #45703
2. Kazeem Robana Albankudi, File #TCC 1099814
3. Warner Horton, File #2231322
4. Patrick Cooksey, File #218229
5. Duwayne Brown, File #220647
C. September 20, 2004 Informal Conferences
1. Regina Jefferson, File #TCC 978425
2. Sigdalia Gutierrez, File #223346
3. Huong Lan Le, File #238963
4. Jeremy McLin, File #224377
8. Consideration of and possibly take action on Proposals for Decisions (PFD)
from State Office of Administrative Hearings for SOAH hearings held on May
17, 2004 and June 21, 2004.
A. May 17, 2004 SOAH Hearings
PFDs With Recommendations to Uphold:
1. Edgar Falcon, SOAH Docket #502-04-5101.W
2. Sherla Gordon, SOAH Docket #502-04-5102.W
3. Tavares Demont Hansboro, SOAH Docket #502-04-5103.W
4. Rufus Wayne Warren, SOAH Docket #502-04-5109.W
5. Jarvis Terrell Oaks, SOAH Docket #502-04-5110.W (1601.402)
6. Sherie La Ruth, SOAH Docket #502-04-5111.W
7. Christopher Henderson, SOAH Docket #502-04-5112.W
8. Vicki Diane Loeve, SOAH Docket #502-04-5113.W
PFDs With Recommendations to Dismiss:
1. Gregory P. Hendricks, SOAH Docket #502-04-5104.W
2. Edward Lawrence, SOAH Docket #502-04-5105.W
3. Jarvis T. Oaks, SOAH Docket #502-04-5110.W (1601.408)
B. June 21, 2004 SOAH Hearings
PFDs With Recommendations to Uphold:
1. Torace Latrelle Davis, SOAH Docket #502-04-5446.W
2. Norvell Montgomery, SOAH Docket #502-04-5458.W
3. Adja Guege, SOAH Docket #502-04-5450.W
4. Chad Eugene Hood, SOAH Docket #502-04-5454.W
5. Devone T. Gaskin, SOAH Docket #502-04-5448.W
6. Dominique Sherrard, SOAH Docket #502-04-5463.W
7. Joel Moor, SOAH Docket #502-04-5459.W
8. Andre Hargrove, SOAH Docket #502-04-5451.W
9. Alfred Williams, SOAH Docket #502-04-5467.W
10. Vickie Lacy, SOAH Docket #502-04-5457.W
11. Richard Pickens, SOAH Docket #502-04-5460.W
12. Debra Trotter, SOAH Docket #502-04-5466.W
13.Anthony Ifeanyi, SOAH Docket #502-04-5455.W
14. Corey Hartley, SOAH Docket #502-04-5452.W
15. Van McKeith Frank, SOAH Docket #502-04-5447.W
16. Marcus Richard, SOAH Docket #502-04-5461.W
17. Marcus Green, SOAH Docket #502-04-5449.W
18. Leona Nicole Sasser, SOAH Docket #502-04-5462.W
PFDs With Recommendations to Dismiss: None
9. Consideration of and possibly take action for final adoption of proposed
changes to Rule 51.3 (Administrative Fines) to eliminate required warnings
for first offenses on some categories of violations related to health or
sanitation concerns and to replace them with fines.
10. Consideration of and possibly take action for final adoption of proposed
changes to Rule 51.93 (Sanitation Rules) and Rule 51.3 (Administrative Fines)
to require regular, documented sanitation procedures for equipment and baths
used for pedicures and/or manicures and to impose fines for violations as
appropriate.
11. Consideration of and possibly take action for final adoption of proposed
changes to Rule 51.1 (Regular Meetings and Examinations) to eliminate the
requirement that examinations and/or board meetings be held on days and
months currently specified in Rule 51.1. The purpose of the proposed changes
is to give the Board more flexibility in conducting board business and
administering examinations.
12. Consideration of and possibly take action to adopt a revised interagency
contract with the Texas Cosmetology Commission to include a new provision
whereby inspectors employed by either agency are empowered to conduct
inspections of shops and individuals licensed by either agency.
13. Consideration of and possibly take action to propose an amendment to Rule
51.93(e) (Sanitation Rules’) to require that each chair or station in a
barbershop have its own jar or container of liquid sterilizer for use in
sterilizing combs, brushes, clipper guards, and other implements between use
and that combs, instruments, or equipment must be totally immersed in the
solution. In addition, solution must be clean.
14. Consideration of and possibly take action to propose new Rule 51.91
Responsibilities of Shop Owner and/or Barber Manager on Shop Permit regarding
individuals without a license or with an expired license who practice
barbering in the shop, and to amend Rule 51.3 (Administrative Fines) and to
amend Rule 51.141 (Definitions).
15. Consideration of and possibly take action to propose an amendment to Rule
51.16(a) to clarify that it is the Board’s requirement that each student who
enrolls in a barber school be issued for permanent retention by the
individual his or her own set of books purchased by the school or the student
from the TSBBE that contain the applicable Texas State Statutes and TSBBE
Board Rules governing the practice of barbering and related occupations as
regulated by the Board of Barber Examiners. The proposed rule would further
clarify that each new student is to be issued a new set of books upon
enrollment and is to keep ownership/ possession of the books permanently and
is not to return the books to the school. The Executive Director would be
empowered to adopt procedures ensuring the enforcement of the proposed rule
change in accordance with the intent of the Board.
16. Consideration of and possibly take action to propose an amendment to Rule
51.77 (Barber Shop Permit) and to Rule 51.97 (Booth Rental Permit) to require
that the permit holder(s) for barber shops, specialty shops, and independent
contractors (booth rentals) purchase current copies of the of the Statutes
and Rules booklets whenever an original shop permit or booth rental permit is
issued and whenever a shop permit or booth rental permit is renewed, and to
keep the Statutes and Rules booklets on site in the shop or booth. The
Executive Director would be empowered to adopt procedures ensuring the
enforcement of the proposed rule changes.
17. Consideration of and possibly take action to propose an amendment to Rule
51.5 (Good Standing Required for License Renewal) to specify that the Board
may suspend a license or permit for certain causes including but not limited
to the failure to pay a fine or penalty in full within a specified time
period from the date that the Board approves an Agreed Order from the
Executive Director or a Proposal For Decision from the State Office of
Administrative Hearings in which the fine and/or penalty is upheld or
assessed, or the accumulation of a certain number of fines within a specified
time period. The Board would be required to notify the license or permit
holder of its intention to suspend the license or permit and the holder would
have the right to a hearing at the State Office of Administrative Hearings
before the license or permit could be suspended.
18. Consideration of and possibly take action on the current list of
identified statutory changes to Chapter 1601 (Barbers) of the Texas
Occupations Code to address with the 79th Legislature. The current list was
adopted in a board meeting in January, 2004. Board will review the list and
may consider addition, deletion, or revision of current items. Significant
items currently include, but are not limited to: (1) request to delete TOC
1601.264 and 1601.402 requirements for health certificate to obtain or renew
a barber license; (2) delete TOC 1601.301 requirement that a barber must have
practiced as a licensed barber for at least 12 months before obtaining a shop
permit; (3) change TOC 1601.257 minimum age for manicurists license from 16
years of age to 17 years of age; (4) change TOC 1601.560 to allow 25:1
student/teacher ratio in barber schools rather than the current 20:1; and
other items.
The Board may also consider and take action to request that the Legislature
consider revising Chapter 1601.301, 302, 303, 304 and 305 of the Texas
Occupations Code to revise or clarify statutes concerning the qualifications
for obtaining a barbershop or specialty shop permit and who is eligible to
own, operate, or manage a barbershop or a specialty shop.
A complete list of statutory changes that will be requested by the Board can
be obtained by contacting Glenn Parker, Executive Director, TSBBE, at
512-936-6333 or toll-free at 1-888-870-8755, or by email at
glenn.parker@tsbbe.state.tx.us.
19. Consideration of and possibly take action to schedule a Board meeting for
November or December.
21. Adjourn
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