Texas Commission Of Licensing and Regulation Meeting of January 25, 2011

Meeting of January 25, 2011
Twin Towers Office Center
1st Floor Public Meeting Room #125E
1106 Clayton Lane
Austin, Texas

Summary of Minutes

Chairman Frank Denton called the meeting of the Texas Commission of Licensing and Regulation to order at 8:09 a.m., Tuesday, January 25, 2011. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners LuAnn Morgan, Fred Moses, and Deborah Yurco. A roll call verified that a quorum was present.

Staff present included: William Kuntz, Executive Director; Brian Francis, Deputy Executive Director; Brad Bowman, General Counsel; Lynn Latombe, Assistant General Counsel; Pam Legate, Assistant General Counsel; Della Lindquist, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Glen Bridge, Director of Information Systems; Mary Alice Teal and Deborah Jackson, with Financial Management; Sharon Homoya, Personnel Attorney; Don Dudley, Director of Education & Examination; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; Gene Mays, Director of Customer Service; Dede McEachern, Director of Licensing; and Kay Mahan, Executive Assistant.

Fred Moses, seconded by Deborah Yurco, moved to excuse the absences of Commissioners Lewis Benavides and Lilian Norman-Keeney. The motion was passed by unanimous vote.

Fred Moses, seconded by Deborah Yurco, moved to approve the amended minutes of the meeting of October 28, 2010. The motion was passed by unanimous vote.

Mike Arismendez, seconded by Fred Moses, moved to approve the minutes of the meeting of December 16, 2010. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item C, Public Comment. Comments were heard from John Torkelson with the Texas Registered Accessibility Specialist Association (TRASA); and Pat Johnson with Texas Towing Compliance.

Commissioner LuAnn Morgan arrived at 8:16 a.m.

Chairman Denton moved to agenda item D1, Contested Cases. The final action on each Proposal for Decision is as follows:

Docket Number APR2010010425L/452-11-0044.APR, TDLR v. Tiffany B. Rodgers. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2010002889D/452-10-3999.COS, TDLR v. Nhan Trong Nguyen d/b/a J's Nail and Day Spa. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision with a $3,000 penalty. The motion was passed by unanimous vote.

Docket Number COS2010004556D/452-11-0165.COS, TDLR v. Roberta Hector d/b/a R & E Cosmetology School. Deborah Yurco, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2009001511C/452-10-0713.ELC, TDLR v. Isaac M. Flores d/b/a Platinum Electric Services. Fred Moses, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed with Mike Arismendez voting in dissent.
The meeting was recessed at 9:25 a.m.

The meeting was reconvened at 9:35 a.m.

Docket Number ELC2010005312L/452-10-3920.ELC, TDLR v. Humberto Lopez. Fred Moses, seconded by LuAnn Morgan, moved to modify the Proposal for Decision to include a 1 year suspension, unprobated. The motion was passed by unanimous vote.

Docket Numbers COS2009011949 & COS2010003584D/452-10-3403.COS, TDLR v. Timmothy Matthew, Inc d/b/a The Day Spa at Barton Creek Mall. Mike Arismendez, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item D2, Contested Cases โ€“ Defaults. The final action on the Proposals for Decision is as follows:

Docket Numbers BOX2009006147D/452-10-5597.BOX, TDLR v. Michelle Nielsen; COS2009010446D/452-11-1047.COS, TDLR v. Leslie Nolen; ELC2009004708D/452-10-5408.ELC, TDLR v. Adrian Ramos; BAR2009009007D/452-11-0899.BAR, TDLR v. Duane K. Nicholas; ELC2009005146C/452-10-5409.ELC, TDLR v. John M. Foss; VSF2008005895D, VSF2009001848C, VSF2009002386C, VSF2009001883C, VSF2009001870C, VSF2009002385C, VSF2009002394C, VSF2009002700C, VSF2009001851C, VSF2009002389C, VSF2009001918C, VSF2009001823C, VSF2009003486C, TOW2009001843C, TOW2009001763C, TOW2009001816C, TOW2009001819C, TOW2009001767C, TOW2009001665C, TOW2009001760C, TOW2009001840C, TOW2009001815C, TOW2009003418C, TOW2009001759C, TOW2009001898C, TOW2009006736C, & TOW2009003484C/452-09-1496.VSF, TDLR v. Lone Star Auto Services; and ACR2010006093D & ELC2010006092D/452-10-5252.ACR, TDLR v. Denise Bell d/b/a Denise's Contracting Services. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposals for Decision as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item E, Motions for Rehearing โ€“ consideration and possible action on the following cases:

Docket Number ACR2010001868C, TDLR v. Joe Jurden d/b/a American Service Technicians. Fred Moses, seconded by Mike Arismendez, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number BAR2010005894L/452-10-4651.BAR, TDLR v. Frankie Lee Hills. LuAnn Morgan, seconded by Fred Moses, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2009012656C, TDLR v. Nelda Griggs d/b/a Transformations Salon & Spa. Mike Arismendez, seconded by Fred Moses, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010005367D, TDLR v. Thu-Dung Thi Nguyen d/b/a DN Nails. Fred Moses, seconded by Deborah Yurco, moved to remand this case back to Enforcement. The motion was passed by unanimous vote.

Docket Number COS2010009121D, TDLR v. Ashley Sanchez. Fred Moses, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010010401D, TDLR v. Norma R. Montenegro. LuAnn Morgan, seconded by Fred Moses, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010010422D, TDLR v. Non Pham d/b/a Nails Time. LuAnn Morgan, seconded by Fred Moses, moved to set aside the Order dated October 28, 2010. The motion was passed by unanimous vote.

Docket Number TOW2009011498C, TDLR v. Angel Jose Gonzales d/b/a Right Way Towing. LuAnn Morgan, seconded by Deborah Yurco, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Numbers TOW2009012357C & TOW2010000739C, TDLR v. National Auto Collision Inc. c/o Jonathan E. Bruce, Attorney. Mike Arismendez, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number WWD2008008441C, WWD2009013004D & WWD2010003270D, TDLR v. Douglas Stowe d/b/a Mesquite Drilling c/o Gershon D. Cohen, Attorney. Mike Arismendez, seconded by LuAnn Morgan, moved to set aside the Order and remand back to Enforcement. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item F, Discussion on proposing amendments to administrative rules at 16 Texas Administrative Code, ยง82.80 to reduce fees and eliminate the newsletter fee in the barber program. The Commission discussed this item, but took no action.

Chairman Denton moved to agenda item G, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 71, Warrantors of Vehicle Protection Products, as a result of the four-year rule review. LuAnn Morgan, seconded by Fred Moses, moved to adopt the rules as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 77, Service Contract Providers and Administrators, as a result of the four-year rule review. LuAnn Morgan, seconded by Mike Arismendez, moved to adopt the rules as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 79, Weather Modification, as a result of the four-year rule review. Fred Moses, seconded by LuAnn Morgan, moved to adopt the rules as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 66, Registration of Property Tax Consultants, as a result of the four-year rule review. LuAnn Morgan, seconded by Fred Moses, moved to adopt the rules as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item K, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 82, Barbers, as a result of the four-year rule review. Mike Arismendez, seconded by LuAnn Morgan, moved to adopt the rules as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item L, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 80, Licensed Court Interpreters, as a result of the four-year rule review. Mike Arismendez, seconded by LuAnn Morgan, moved to adopt the rules as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item M, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 83, Cosmetologists, as a result of the four-year rule review. LuAnn Morgan, seconded by Fred Moses, moved to adopt the rules as presented. The motion was passed by unanimous vote.

The meeting was recessed at 11:12 a.m.

The meeting was reconvened at 11:30 a.m.

Chairman Denton moved to agenda item N, Staff Reports. Bill Kuntz and staff gave reports and answered questions from the Commission.

The meeting was recessed at 11:45 a.m.

The meeting was reconvened at 12:30 p.m.

Chairman Denton continued with agenda item N, Staff Reports.

Chairman Denton moved to agenda item O, Approval of appointments of members to Advisory Board, including appointment of presiding officers. Deborah Yurco, seconded by LuAnn Morgan, moved to approve the following appointments. The motion was passed by unanimous vote.

Weather Modification Advisory Committee โ€“ Reappointments: Frank Reilly (term expires 01/13/2015); Gary Foster (term expires 01/13/2015), and James P. Nance (term expires 01/13/2015).

The Commission did not meet in Executive Session.

Chairman Denton moved to agenda item R, Discussion of date, time and location of future Commission meetings. The next meeting date will be determined at a later date.

Chairman Denton moved to agenda item S, Adjournment. The meeting was adjourned at 1:35 p.m.

Frank S. Denton, Chairman
Texas Commission of Licensing and Regulation

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