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Agenda:
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AGENDA FOR TSBBE BOARD MEETING
Date & Time: Monday, April 4, 2005 at 2:00 p.m.
And (only if necessary)
Tuesday, April 5, 2005 at 8:30 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, Chairman, Texas State Board
of Barber Examiners or presiding officer.
2. Recognition of Mr. Joseph Pitner to introduce new Assistant Attorney General
for Barber Board.
3. Consideration of and possibly take action to approve Certificates of
Appreciation for certain individuals in recognition of their 50 or more years
of service as licensed barbers.
4. Consideration of and possibly take action on minutes from board meetings
on November 16, 2004, and on January 10-11, 2005.
5. Public Comments
6. Consideration of and possibly take action on Proposals for Decisions
(PFDs) from State Office of Administrative Hearings for SOAH hearings held on
December 13, 2004 and February 28, 2005 for the individuals listed below:
December 13, 2004 SOAH Hearings
PFDs With Recommendations to Uphold:
1. James R. Arrellano, File #61390, SOAH Docket #502-05-1137.W
2. Vicky L. Boyle, File #54177, SOAH Docket #502-05-1139.W
3. Eloy Contreras, File #239600, SOAH Docket #502-05-1141.W
4. Charles Curtis, File #228435, SOAH Docket #502-05-1142.W
5. Garry Davis, File #220473, SOAH Docket #502-05-1143.W
6. Howard L. Edwards, File #64589, SOAH Docket #502-05-1144.W
7. Berlone O. Francis, File #222501, SOAH Docket #502-05-1146.W
8. Joseph Guidry, File #231084, SOAH Docket #502-05-1149.W
9. Derald E. Herklotz, File #46066, SOAH Docket #502-05-1151.W
10. Evan J. Hollie, File #235588, SOAH Docket #502-05-1153.W
11. Lee Roy Jackson, File #224360, SOAH Docket #502-05-1154.W
12. Ray D. King, File # None, SOAH Docket #502-05-1155.W
13. Hosea Lane, File #219514, SOAH Docket #502-05-1156.W
14. Sergio Loya, File #227079, SOAH Docket #502-05-1157.W
15. Anita Martinez, File # None, SOAH Docket #502-05-1159.W
16. Tontra L. McWashington, File # None, SOAH Docket #502-05-1160.W
17. Waywond C. Moore, File #229597, SOAH Docket #502-05-1161.W
18. Patrick Nelson, File #220389, SOAH Docket #502-05-1162.W
19. David Odemwuingie, File #23173, SOAH Docket #502-05-1164.W
20. Hohenna Ordobu, File # None, SOAH Docket #502-05-1165.W
21. Sonya L. Ray, File #231518, SOAH Docket #502-05-1168.W
22. Verturna Reyes, File #46973, SOAH Docket #502-05-1169.W
23. Johnny Riley, File #243717, SOAH Docket #502-05-1170.W
24. Corrie Rudolph, File #234275, SOAH Docket #502-05-1171.W
25. Courtney D. Sallie, File #230143, SOAH Docket #502-05-1173.W
26. Emmanuel Sasu, File #226580, SOAH Docket #502-05-1174.W
27. Grant Scott, File #60852, SOAH Docket #502-05-1175.W
28. George T. Settles, File #54998, SOAH Docket #502-05-1176.W
29. Danee Wheeler, File #241258, SOAH Docket #502-05-1179.W
30. Darrin Widemon, File # None, SOAH Docket #502-05-1180.W
31. Clarence E. Wiley, File #22267, SOAH Docket #502-05-1181.W
PFDs With Recommendations to Dismiss:
None
February 28, 2005 SOAH Hearings
PFDs With Recommendations to Uphold:
1. Dedra Brown, File #235651, SOAH Docket #502-05-1140.W
2. Walter E. Nichols, File #220054, SOAH Docket #502-05-1163.W
3. Eddie L. Alexander, File #51112, SOAH Docket #502-05-3632.W
4. Roy W. Benson, File #60705, SOAH Docket #502-05-3634.W
5. Alexander Burlton, File #223319, SOAH Docket #502-05-3635.W
6. Chyke Chidume, File #238248, SOAH Docket #502-05-3636.W
7. Ramalice Daniel Ellis, File #227109, SOAH Docket #502-05-3640.W
8. George Green, File #231153, SOAH Docket #502-05-3641.W
9. Mark Guzman, File #236324, SOAH Docket #502-05-3642.W
10. Theodore Hernandez, File #55501, SOAH Docket #502-05-3643.W
11. Carl E. Kelley, File #229747, SOAH Docket #502-05-3646.W
12. John W. King, File #29460, SOAH Docket #502-05-3647.W
13. Maria Moreno, File #231400, SOAH Docket #502-05-3648.W
14. Jose Moreno, File #236510, SOAH Docket #502-05-3649.W
15. Jorge Munoz, File #48147, SOAH Docket #502-05-3650.W
16. Willie Rogers, File #223268, SOAH Docket #502-05-3653.W
17. Courtney Sallie, File #230143, SOAH Docket #502-05-3654.W
18. Tuan Huynh, File #96875, SOAH Docket #502-05-3655.W
PFDs With Recommendations to Dismiss:
None
7. Consideration of and possibly take action on Agreed Orders from Executive
Director for Informal Hearings conducted with the individuals listed below:
1. Kevin L. Howell, File #234177
2. Wayne Jackson, File #223195
3. William Watkins, File #65283
8. Consideration of and possibly take action to withdraw amendment to Rule
51.77 (Barber Shop Permit) that would require that the permit holder(s) for
barber shops and specialty shops purchase current copies of the Board’s
Statutes and Rules booklets (books) whenever an original shop permit is
issued and whenever a shop permit is renewed, and to keep the Statutes and
Rules booklets on site in the shop.
9. Consideration of and possibly take action to withdraw amendment to Rule
51.97 (Booth Rental Permit) that would require that the permit holder for
barber booth rental permit or manicurist booth rental permit purchase current
copies of the Board’s Statutes and Rules booklets (books) whenever an
original booth rental permit is issued and whenever a booth rental permit is
renewed, and to keep the Statutes and Rules booklets on site in the shop.
(Booth renters are also known as independent contractors.)
10. Consideration of and possibly take action to change penalty for first
offense for failure to have a booth rental permit from "Warning" to $100.
11. Consideration of and possibly take action on Executive Director’s Report.
Executive Director Glenn Parker will give the Board an update on agency
activities and operations including, but not limited to, status of
legislative issues, status of shared inspections with Cosmetology Commission,
giving exams in Three Rivers Federal Prison, and other agency operational
issues. Will also include discussion of why fees for Barber Board are higher
than for the Cosmetology Commission, as requested by board member James
Dickerson.
12. Consideration of and possibly take action on agency financial and
operations reports, including but not limited to year-to-date revenue and
expenditure reports, student enrollment reports, and examination results
report.
13. Consideration of and possible take action on the list of identified
statutory changes to Chapter 1601 (Barbers) of the Texas Occupations Code to
address with the 79th Legislature to add, delete, or modify items. The current
list was adopted in a board meeting in January, 2004 and modified in a board
meeting on November 16, 2004 and January 11, 2005. Board will review the list
and may consider addition, deletion, or revision of 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.
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.
14. Consideration of and possibly take action on Board activities and
priorities for 79th Legislative Session, including but not limited to
recommendations from the Sunset Advisory Commission, and preparation for
meetings with other governmental officials and oversight groups as
appropriate.
15. Consideration of and possibly take action to review and revise the agency
application package for new barber schools.
16. Consideration of and possibly take action on proposal to amend Rule
51.141 (Definitions) to include definitions for “Expired License or Permit”,
“Inactive License or Permit”, and “Unlicensed” as those terms apply to
barbering and related occupations regulated by the Board of Barber Examiners.
17. Consideration of and possibly take action to review outcome of Board
Self-Evaluation and to plan for implementation of possible improvements.
18. Consideration of and possibly take action to appoint members of advisory
committee for health and sanitation issues.
19. Consideration of and possibly take action to review the booth rental
process permit (independent contractor) process and possibly take action to
propose revisions to statutes, rules, board policies and procedures
concerning booth rental permits.
20.Consideration of and possibly take action to set date for next Board
meeting (July 11-12, 2005 or August 1-2 are likely dates).
21. Adjourn
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