The Texas Department of Licensing and Regulation Commission on Feb. 14 adopted an amendment to Chapter 110, Section 70.6(e) of the Texas Administrative Code and approved administrative decisions to deny or revoke multiple license applications following contested-case hearings.
The commission voted to adopt a rule amendment that allows a team lead from a third-party inspection or design review agency to serve as the team lead for initial certification of a manufacturing plant, while preserving the department’s authority to perform certifications and oversight. Robert Reyes, assistant general counsel, told commissioners the change was published in the Texas Register on Nov. 29, 2024, drew no public comments during the comment period, and was proposed with an effective date of April 1, 2025. “The proposed rule is necessary to allow the Department the ability to focus its limited resources on long term risk based auditing of these plants,” Reyes said.
In separate contested-case items, administrative prosecutors recommended adopting the proposed findings and denying or revoking applications for three applicants based on criminal-history findings in the administrative law judge (ALJ) reports. Prosecutor Jessica Hurtado asked the commission to adopt the ALJ recommendation to deny James Turner’s application for an ACR technician license, saying Turner’s record included felony convictions and a 2018 aggravated offense involving a minor; the ALJ concluded granting the license would place Turner in settings where children could be present. Prosecutor Natalie Olvera asked the commission to adopt the ALJ recommendation to deny Chance Thomas Kane’s application for an apprentice electrician license, citing repeated felony deferred-adjudication placements and extensions of community supervision. Olvera also recommended denial and revocation for Richard Gomez’s class A barber license renewal, citing a 2023 deferred-adjudication placement for aggravated sexual conduct involving a child and concluding there had not been sufficient time to demonstrate full rehabilitation.
Applicants addressed the commission before votes. James Turner said he has been sober and is trying to rebuild his life, asking the commission for a second chance. Chance Thomas Kane acknowledged his history and said he was attending counseling and a batterers intervention program. Richard Gomez said he is complying with probation, attending counseling and church, and seeking to demonstrate rehabilitation. Commissioners questioned applicants about rehabilitation evidence and the risk to the public; several commissioners commended applicants for appearing but emphasized concerns about the seriousness and recentness of the offenses.
Votes at a glance:
- Adopt rule amendment to Texas Administrative Code, Chapter 110, Section 70.6(e) — Motion adopted; effective date proposed 2025-04-01 (no roll-call tally recorded).
- James Turner — Motion to adopt ALJ proposed findings and deny ACR technician license application — Motion carried (vote recorded as voice vote; no roll-call tally recorded).
- Chance Thomas Kane — Motion to adopt ALJ proposed findings and deny apprentice electrician license application (with an amendment to update the conclusion of law citation and respondent license number) — Motion carried (voice vote).
- Richard Gomez — Motion to adopt ALJ proposed findings, deny renewal and revoke current class A barber license — Motion carried (voice vote).
All formal actions were taken after in‑record contested-case presentations; commissioners relied on ALJ findings and the record in reaching votes. The commission noted in the Gomez matter that the department lacks authority to issue restricted barber licenses and that monitoring mechanisms for restrictions do not exist in that profession.
The commission chair and staff advised applicants about follow-up procedures and potential next steps after the votes.