Texas Department of Licensing and Regulation s1

Texas Department of Licensing and Regulation POLYGRAPH ADVISORY COMMITTEE MEETING Monday, December 18, 2012 – 10:00 a.m. North Campus Building – 1st Floor Public Meeting Room 1106 Clayton Lane – Austin, Texas

Summary of Minutes

Presiding Officer, Bill Teigen called the meeting to order at 10:12 a.m.

Presiding Officer, Bill Teigen moved to agenda item B., Roll Call, Certification of Quorum and Introductions. Committee members present were Bill Teigen, Manuel F. Espinosa, III, Teddy Ratcliff, and Tiffany Niemann. Committee member Michael McDougal was absent. The Committee voted to excuse the absence of Mr. McDougal. A quorum was present.

Presiding Officer, Bill Teigen moved to agenda item C., Approval of the meeting minutes from December 7, 2009. Presiding Officer Bill Teigen made a motion to approve the minutes as presented. The motion passed by a unanimous vote.

Presiding Officer, Bill Teigen moved to agenda item D., Training for Committee members. Pamela Legate, Assistant General Counsel provided an update and refresher on the Open Meetings Act, Public Information Act, and the Administrative Procedures Act.

Presiding Officer, Bill Teigen moved to agenda item G.1., Staff Reports. Executive Office. Executive Director, Bill Kuntz provide a copy of the proposed changes to the statute to provide greater clarity clean up issues presented in the administration of the program. Mr. Kuntz and Mr. Francis explained the proposed changes. Mr. Kuntz answered questions from the Board members on the administration of the statute.

Presiding Officer, Bill Teigen moved to agenda item G.2., Compliance Division. Program Specialist, Russ Tauli reported that the program is running smoothly. Mr. Tauli explained that the Department is available for speaking engagements.

Presiding Officer, Bill Teigen moved to agenda item G.4., Enforcement Division. Karen Cox, Staff Attorney provided enforcement statistics and reported that 8 cases have been opened since 2009. Ms. Cox answered questions from the Committee members. Ms. Cox gave a detailed report on the enforcement process.

Presiding Officer, Bill Teigen moved to agenda item G.3., Education and Examination Division. Ray Pizarro, Program Specialist requested the Committee submit persons to serve as subject matter experts for the exam development. Mr. Pizarro presented the statistics and answered questions from the Committee on the exam process.

Presiding Officer, Bill Teigen moved to agenda item G.5., Licensing Division. Licensing Supervisor, Lisa Houdek reported on licenses issued, renewals, and renewal notices. Ms. Houdek advised the Committee that the report is standard and can be customized to the Committee’s desire.

Presiding Officer, Bill Teigen moved to agenda item F., Nomination and Election of a Vice Chair. Manuel Espinosa expressed an interest in serving as the Vice Chair. The Committee voted unanimously to approve Manuel Espinosa as Vice Chair.

Presiding Officer, Bill Teigen moved to agenda item E., Public Comment. The committee heard Public Comment from Matt Hicks and Jack St. John. Presiding Officer Bill Teigen read a letter from Eric Holden.

Presiding Officer, Bill Teigen moved to agenda item H, Discussion and possible recommendation regarding amendments to existing rules at 16 Texas Administrative Code, Chapter 88, §§ 88.20, 88.28, 88.70 and, 88.100 relating to polygraph examiner licensing requirements, responsibilities of registered curriculum providers, general responsibilities of sponsor and technical requirements for polygraph examiner internships and course curriculum. Pamela Legate, Assistant General Counsel and Don Dudley, Division Director presented the rules review process and proposed rules. The Committee discussed the proposed rules and decided to send the rules to a work group for further review and future act Committee action.

Presiding Officer, Bill Teigen moved to agenda item I., Work Group Reports and Appointment of Work Group Members. The work groups had not met and there were no reports. Tiffany Niemann and Manuel Espinosa accepted the assignment to the Education and Examination Work Group and were charged with the review of the curriculum rules prior to the next meeting. The Enforcement Work Group remains Bill Teigen and Mike McDougal and was tasked with the review of the penalty matrix prior to the next meeting. The Licensing Work Group remains Teddy Ratcliff and Mike McDougal and would contact Lisa Houdek of the Licensing section to see if there were areas that need a review.

Presiding Officer, Bill Teigen moved to agenda item J., Recommendation for agenda items for the next meeting. The Committee decided to place Work Group reports and review of the Enforcement Penalty Matrix on the next agenda.

Presiding Officer, Bill Teigen moved to agenda item K., Discussion of date, time and location of next Committee meeting. The Committee decided to hold its next meeting on January 23, 2012.

Presiding Officer, Bill Teigen moved to agenda item L., Adjournment. The meeting adjourned at 2:13 p.m.

______Bill Teigen, Presiding Officer