There is a substantial time lag between a board meeting and the time the minutes of that meeting are approved at a later meeting. The following comments in red are added to the copy of the Agenda to inform barbers and citizens in advance about actions taken by the board.
The comments below
are private observations by citizens who were in attendance at the meeting and
do not represent the official views of the Barber Board or the Barber Board
staff.
AGENDA FOR
TSBBE BOARD MEETING
Date &
Time: Monday, January 10, 2005 at
3:00 p.m.
And
Tuesday, January 11, 2005 at
8:00 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, Chairman, Texas State Board of
Barber Examiners or presiding officer.
2.
Consideration of and possibly take action on minutes from board meetings on
October 4-5, 2004 and November 16, 2004.
The minutes of the October meeting were approved. The minutes of the November 16th
meeting were not approved and will be considered in a future meeting
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.
Public Comments (Public Comments may be made on both days of board meeting.)
Eleven barbers and barber shop owners were present at the Monday meeting. This is the largest attendance by the public at a board meeting in recent history.
5.
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 shared inspections with Cosmetology Commission, status of
follow-up audit by State Auditor’s Office, Texas Online, and other agency
operational issues.
6.
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.
7.
Consideration of and possibly take action on Proposals for Decisions (PFDs) from
State Office of Administrative Hearings for SOAH hearings held on October 18,
2004 for the individuals listed below:
October 18, 2004 SOAH Hearings
PFDs With Recommendations to
Uphold:
1.
Kendrick Donte Mitchell, File #230183, SOAH Docket #502-04-7220.W
2.
Richard Alvarez, File #217996, SOAH Docket #502-04-8099.W
3.
Adrian D. Autry, File #218506, SOAH Docket #502-04-8100.W
4.
Benneth G. Flemming, File #224069, SOAH Docket #502-04-8104.W
5.
Cassandra Hardaway, File #233996, SOAH Docket #502-04-8105.W
6.
Cedric Harris, File #240078, SOAH Docket #502-04-8106.W
7.
Tyrone Hebbard, File #228612, SOAH Docket #502-04-8107.W
8.
John Johnson II, File #224255, SOAH Docket #502-04-8108.W
9.
Scott Jackson, File #239461, SOAH Docket #502-04-8109.W
10.
Jamey D. Johnson, File #231848, SOAH Docket #502-04-8110.W
11.
Boniface Kangone, File # None, SOAH Docket #502-04-8112.W
12.
Maurice Lee, File #231221, SOAH Docket #502-04-8113.W
13.
Raul Medina, File #236125, SOAH Docket #502-04-8116.W
14.
Michael Leray Moore, File #225110, SOAH Docket, #502-04-8118.W
15.
Ramon Chasco, File #221418, SOAH Docket #502-04-8121.W
16.
Elena Shelvin, File #239567, SOAH Docket #502-04-8125.W
17.
D’Ainsley T. Smith, File #220848, SOAH Docket #502-04-8126.W
18.
Todd Burrell, File #241864, SOAH Docket #502-04-8129.W
19.
Beatrice Ufom, File #677726, SOAH Docket #502-04-8130.W
20.
Toussaint E. Washington, File #219603, SOAH Docket #502-04-8131.W
PFDs With Recommendations to
Dismiss:
None
8.
Consideration of and possibly take action on Agreed Orders from Executive
Director for Informal Hearings conducted with the individuals listed below:
1. Ronald Green, File #218991
2. Aris Ingram, File # None
3. Rafik Kaissi, File #223262
4. Billy Perkins, File # None
5. Julius Talton, File #48180
9.
Consideration of and possibly take action for final adoption of proposed new
Rule 51.91 concerning the responsibilities of a shop owner and/or manager
regarding individuals without a license or permit, or with an expired license
or permit, who practice barbering in a shop.
PASSED This rule became
effective Feb 3, 2005
Link to Rule 51.91 posted in the Texas Register October 29, 2004
10.
Consideration of and possibly take action for final adoption of proposed
amendment to Rule 51.16 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
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.
PASSED Link to Rule 51.16 posted in the Texas Register October 29, 2004
This Rule change became effective
Feb 3.
11.
Consideration of and possibly take action for final adoption of proposed
amendment to Rule 51.77 (Barber Shop Permit) to 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.
PASSED This rule will
become effective September 1, 2005
Link to Rule 51.77 posted in the Texas Register October 29, 2004
12. Consideration of and possibly take action
for final adoption of proposed amendment to Rule 51.97 (Booth Rental Permit) to
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.)
PASSED This rule will
become effective September 1, 2005
Link to Rule 51.97 posted in the Texas Register October 29,
2004
13.
Consideration of and possibly take action for final adoption of proposed
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 for 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 would be suspended.
PASSED This Rule change became effective Feb 3.
14.
Consideration of and possibly take action for final adoption of proposal to
repeal Rule 51.121 (Barber Inspectors).
Rule 51.121 currently reads:
“All applicants for the
position of barber inspector must be licensed barbers and must have practiced
barbering for at least three years immediately prior to applying for the
position of barber inspector. An applicant
must have a high school diploma or GED.”
PASSED This
Rule repeal became effective Feb 3.
15.
Consideration of and possibly take action to adopt new fee or fees for agency
newsletter and other communication tools with agency licensees. Proposed amount of fee is $10 for a two-year
period coinciding with licensing dates and would be paid at time of issuance of
license or permit and upon renewal.
PASSED This new fee will go into effect March 1, 2005. This fee increase was not posted as a rule change in the Texas Register for 30 days prior to passage. Joe Shirley, a barber in attendance, questioned whether the board could pass a fee increase if it hadn’t been posted in the Texas Register for 30 days as a rule change. Mr. Pittner, Assistant Attorney General who represents the board said that it could.
The Board historically has
not adopted fees by Rule, except for Texas Online fees.
16.
Consideration of and possible 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 and
modified in a board meeting on November 16, 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.
A barber in attendance asked
that the student teacher ratio remain at 20:1.
Another barber in
attendance asked if the minimum number
of students required to operate a school could be reduced to allow schools to
be established in less populated areas.
17.
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, preparation of talking
points for legislative hearings, and for meetings with other governmental officials
and oversight groups as appropriate.
18.
Consideration of and possibly take action on draft of a Business Improvement
Plan for proposed new Texas Board of Barbering and Cosmetology, as recommended
by the Sunset Advisory Commission, in the event that the proposed Sunset
legislation passes.
19.
Consideration of and possibly take action to review and revise the agency
application package for new barber schools.
20.
Consideration of and possibly take action to review the booth rental permit
(independent contractor) process and possibly take action to propose revisions
to statutes, rules, board policies and procedures concerning booth rental
permits.
This was a discussion item.
Joe Shirley, a barber in attendance asked the board to consider asking the
legislature to abolish the requirement for the booth rental permit. Mr. Shirley stated his opinion that the
booth rental permit did not benefit the shop owner or the booth renter and did
not protect the public. The question
was raised regarding booth renters who moved from one shop to another. Mr. Daniels, Chief Financial officer stated that currently the booth rental permit
was tied to a given barber shop.
However, he stated that this was not a requirement in rule or statute.
Mr. Parker has stated that it is his intent to change office procedures within the next three months so that booth rental permits will be valid in any shop.
21.
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.
22.
Consideration of and possibly take action to review outcome of Board Self-Evaluation
and to plan for implementation of possible improvements.
23.
Consideration of and possibly take action to set date for next Board meeting
(April 4-5, 2005 is likely date).
24.
Adjourn