Texas Commission Of Licensing and Regulation Meeting of January 25, 2012

Meeting of January 25, 2012
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 9:00 a.m., Wednesday, January 25, 2012. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners LuAnn Morgan, Fred Moses, Lilian Norman-Keeney, and Ravi Shah. A roll call verified that a quorum was present.

Staff present included: Brian Francis, Deputy Executive Director; Brad Bowman, General Counsel; Charles Johnson, Assistant 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, Information Systems Development; George Ferrie, Director of Compliance; Sharon Homoya, Personnel Attorney; Christina Kaiser, Director of Enforcement; Gene Mays, Director of Customer Service; Dede McEachern, Director of Licensing; Simon Skedd, Director of Network Services; Terry Westrum, Web Administrator; and Kay Mahan, Executive Assistant.

Fred Moses, seconded by Lilian Norman-Keeney, moved to excuse the absence of Commissioner Deborah Yurco. The motion was passed by unanimous vote.

Lilian Norman-Keeney, seconded by Fred Moses, moved to approve the minutes of the meeting of December 14, 2011. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item C, Public Comment. One public comment was heard from David King concerning sanitation issues for the Barber/Cosmetology programs.

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

Docket Number ACR2010010736C/452-11-3281.ACR, TDLR v. Thomas V. Tinsley d/b/a Bella Mechanical. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision with a penalty of $1,500. The motion was passed with Ravi Shah voting in dissent.

Docket Number ACR20110015757/452-12-1935.ACR, TDLR v. Ivan Rodriguez. Ravi Shah, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2011002644L/452-11-3505.COS, TDLR v. Adrian Gaytan. Ravi Shah, seconded by Lilian Norman-Keeney, moved to reject the Proposal for Decision and revoke the license. The motion was passed by unanimous vote.

Docket Number ELC2011007278L/452-11-9450.ELC, TDLR v. Victor H. Delgado. Fred Moses, seconded by Ravi Shah, moved to suspend the license for 12 months, fully probated, with the stipulation the licensee must adhere to all rules. The motion was passed with LuAnn Morgan, Fred Moses and Ravi Shah voting in favor; and Frank Denton and Lilian Norman-Keeney voting in dissent.

Docket Number EAB2010003231D/452-10-5617.EAB, TDLR v Frank G. Cotta d/b/a Cotta Property Management. Fred Moses, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2011001505S/452-11-8669.ELC, TDLR v. Royce Jones d/b/a Master Craftsman Company. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC20110008790/452-12-0982.ELC, TDLR v. Troy M. Caffey. Fred Moses, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC20110014302/452-12-1318.ELC, TDLR v. Robert Kemp. Lilian Norman-Keeney, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

The meeting was recessed at 10:28 a.m.

The meeting was reconvened at 10:40 a.m.

Docket Number ELC20110014858/452-12-1214.ELC, TDLR v. Thomas Kopp. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Commissioner Mike Arismendez arrived at the meeting at 10:45 a.m.

Docket Number LCI2010009300C/452-11-3600.LCI, TDLR v. Gilbert Copado. Fred Moses, seconded by Mike Arismendez, moved to reject the Proposal for Decision and dismiss the case. The motion was passed with Ravi Shah voting in dissent.

Docket Numbers TOW2010003370C, TOW2010005162C, VSF2010003382C & VSF2010010940C/452-11-5063.TOW, TDLR v. Signature Towing Inc. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision with a penalty of $2,350. The motion was passed with Fred Moses voting in dissent.

Docket Number TOW20110010796/452-12-0984.TOW, TDLR v. John Guzman. Fred Moses, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ACR20110012577/452-12-0270.ACR, TDLR v. Richard Garcia. Mike Arismendez, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number VSF2011006872M/452-12-0981.VSF, TDLR v. David Rettkowski d/b/a Woodsboro Towing & Storage. Mike Arismendez, seconded by Lilian Norman-Keeney, 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 – Defaults. The final action on the Proposals for Decision is as follows:

Docket Number BAR2010001598S/452-11-4299.BAR, TDLR v. Joshua Storm Cobia. Fred Moses, seconded by LuAnn Morgan, moved to reject the Proposal for Decision and assess a penalty of $1,000. The motion was passed with Frank Denton, LuAnn Morgan, Fred Moses and Lilian Norman-Keeney voting in favor; and Mike Arismendez and Ravi Shah voting in dissent.

Docket Numbers TOW2011007257D & VSF2011002463C/452-11-7052.VSF, TDLR v. Noelia LeeAnn Cantu d/b/a A T Wrecker Service. Fred Moses, seconded by Ravi Shah, moved to remand this case back to SOAH. The motion failed with Fred Moses and Ravi Shah voting in favor; and Mike Arismendez, Frank Denton, LuAnn Morgan and Lilian Norman-Keeney voting in dissent. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed with Mike Arismendez, Frank Denton, LuAnn Morgan and Lilian Norman-Keeney voting in favor; and Fred Moses and Ravi Shah voting in dissent.

Docket Numbers TOW20110008297/452-11-8273.TOW, TDLR v. Edwin Guevara; and VSF2010006525C & VSF2010008796D/452-11-3811.VSF, TDLR v. Impound & Automotive Storage LLC. Mike Arismendez, seconded by Fred Moses, moved to accept the Proposals for Decision as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item M, Executive Session at 12:12 p.m.

The meeting was reconvened at 12:43 p.m.

There was no action taken on the Executive Session.

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

Docket Number ELC20110010537/452-11-9060.ELC, TDLR v. Jose Mojica. Mike Arismendez, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed with Ravi Shah voting in dissent.

Docket Number BAR20110007842, TDLR v. Patrick T. Cooksey d/b/a Knockout Cuts. Fred Moses, seconded by LuAnn Morgan, moved to grant the Rehearing and return this case to Enforcement for resolution. The motion was passed with Mike Arismendez voting in dissent.

Docket Numbers COS2011002371D & COS2011002375D/452-11-4300.COS, TDLR v. Moi Nguyen and Hong Tran d/b/a Seasons Nails & Spa. Fred Moses, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2011006721D, TDLR v. Evelin D. Jamison. Mike Arismendez, seconded by Frank Denton, moved to deny the Rehearing. The motion failed with Mike Arismendez and Frank Denton voting in favor; and LuAnn Morgan, Fred Moses, Lilian Norman-Keeney and Ravi Shah voting in dissent. Ravi Shah, seconded by Fred Moses, moved to grant the Rehearing. The motion was passed with LuAnn Morgan, Fred Moses, Lilian Norman-Keeney and Ravi Shah voting in favor; and Mike Arismendez and Frank Denton voting in dissent.

The meeting was recessed at 1:35 p.m.

The meeting was reconvened at 1:44 p.m.

Chairman Denton moved to agenda item F, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 75, §75.20 and §75.21, to implement House Bill 2643, 82nd Legislature, Regular Session (2011), which amends Texas Occupations Code, Chapter 1302, regarding the Air Conditioning and Refrigeration program. Mike Arismendez, seconded by Fred Moses, moved to approve the rules with an effective date of March 1, 2012. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item G, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 77, §§77.10, 77.20-77.23, 77.40-77.42, 77.70, and 77.80; and proposed new rules §§77.44, 77.71 and 77.91, to implement Senate Bill 1169, 82nd Legislature, Regular Session (2011), which amends Texas Occupations Code, Chapter 1304, regarding the Service Contract Providers and Administrators program. Mike Arismendez, seconded by Fred Moses, moved to approve the rules with an effective date of March 1, 2012. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 83, §§83.10, 83.20, 83.21, 83.23, 83.25, 83.26, 83.31, 83.51, 83.70 – 83.72, 83.74, 83.80, 83.100, 83.102, 83.104 – 83.106, 83.112, and 83.120; the proposed repeal of §83.75; and proposed new rule §83.115, to implement Senate Bill 1170, 82nd Legislature, Regular Session (2011), which amends Texas Occupations Code, Chapters 1601, 1602 and 1603 and in response to the Texas Commission of Licensing and Regulation’s rule simplification initiative, regarding the Cosmetology program. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to approve the rules with an effective date of February 17, 2012. The motion was passed by unanimous vote. Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to approve the rule repeal for §83.75. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 90, §§90.10, 90.20, 90.21, 90.23, 90.24, 90.40 – 90.42, and 90.70; and proposed new rule §90.71, to implement Senate Bill 1169, 82nd Legislature, Regular Session (2011), which amends Texas Occupations Code, Chapter 1306, regarding the Identity Recovery Service Contract Providers and Administrators program. Ravi Shah, seconded by LuAnn Morgan, moved to approve the rules with an effective date of March 1, 2012. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 94, §94.25 and §94.80; and proposed new rules at §§94.24, and 94.26 – 94.28; to implement changes delineated in House Bill 1179, 82nd Legislature, Regular Session (2011), which amends Texas Occupations Code, Chapter 1151, regarding the Property Tax Professionals program. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to approve the rules with an effective date of March 1, 2012. The motion was passed by unanimous vote.

The meeting was recessed at 2:15 p.m.

The meeting was reconvened at 2:24 p.m.

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

Chairman Denton moved to agenda item L, Advisory Board Reports. Public Affairs staff gave reports and answered questions from the Commission.

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

The meeting was adjourned at 3:45 p.m.

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

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