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TDLR affirms multiple enforcement orders, increases barbershop fine, revokes a barber license
Summary
At its meeting the commission adopted a series of ALJ proposals for decision: it accepted enforcement recommendations in multiple contested cases, increased an administrative penalty in a barber‑shop sanitation case and revoked a Class A barber license after a PFD finding of disqualifying criminal history and misrepresentation.
The Texas Department of Licensing and Regulation on May 29 adopted several administrative enforcement outcomes recommended by an administrative law judge, including contested‑case rulings in electrician and barbering matters.
In the enforcement docket involving an electrician who was the subject of fraud and contract‑performance allegations, prosecutors asked the commission to adopt a PFD that included a $6,250 administrative fine and a one‑year suspension. The ALJ had recommended a refund to the complainant; the department sought an adjusted refund figure during the hearing. Commissioners adopted the ALJ’s proposal for decision with a factual correction recorded in the minutes.
In a separate barbering enforcement matter, an ALJ had recommended $2,000 penalties for two violations involving unsanitary conditions and employing an unlicensed person, for a total of $4,000. Commissioners voted to raise one of those penalties to $5,000, producing a total administrative penalty of $7,000. Prosecutors argued a higher fine is warranted to deter license holders from allowing unsanitary workstations and unlicensed practice.
The commission also accepted an ALJ recommendation to revoke the Class A barber license of Avery S. Crawford and to deny the pending Class A renewal application. The department presented findings that the ALJ relied on criminal‑history information, misrepresentation on licensing forms and unfitness to hold an unrestricted Class A barber license; defense counsel urged the commission to consider the context of deferred adjudication and rehabilitation but the commissioners voted to adopt the ALJ’s recommendation.
On the procedural side, the commission heard and denied several motions for rehearing where the administrative record and procedural timeliness did not support relief.
What they decided: commissioners accepted multiple PFDs and entered final orders, including (1) adoption of the ALJ’s proposed sanction in the electrician enforcement matter (PFD adoption with correction), (2) an increased administrative penalty totaling $7,000 in the Daniel Cantu barbering matter, and (3) revocation and denial of a Class A barber license for Avery S. Crawford.
Quotes and context: Stuart Baggish, enforcement prosecutor, summarized the electrician PFD and requested the commission adopt it with a modification; he told the commission the PFD found violations including dishonesty and failure to include required contract language. Defense counsel in the barbering and other contested matters repeatedly urged reliance on the SOAH record and cautioned the commission about admitting new evidence at the meeting.
Next steps: The commission’s orders will be reflected in final administrative orders and staff will follow up with litigants regarding implementation and appeal options. For revoked or suspended licenses, staff advised that notice and follow‑up enforcement steps will be provided to affected parties.
Provenance: Enforcement presentations and commissioner votes (transcript: electrician prosecutor SEG 766–859; respondent statement and vote SEG 863–1081; Daniel Cantu presentation and penalty increase discussion SEG 1090–1201; Avery S. Crawford PFD and revocation SEG 1212–1480).
