Texas Commission Of Licensing and Regulation Meeting of January 30, 2008

Meeting of January 30, 2008
E.O. Thompson State Office Building
7th Floor Public Meeting Room
Austin, Texas

Summary of Minutes

Chairman Frank Denton called the meeting of the Texas Commission of Licensing and Regulation to order at 9:03 a.m., Wednesday, January 30, 2008. Members present were Chairman Frank Denton, Vice-Chairman LuAnn Morgan; Commissioners Mike Arismendez, Lewis Benavides, Fred Moses, Lilian Norman-Keeney, and Deborah Yurco. A roll call verified that a quorum was present.

Staff present included: William Kuntz, Executive Director; Brian Francis, Deputy Executive Director; Dianne Casey, Assistant Deputy Executive Director; Chris Kadas, General Counsel; Jeff Hill, Assistant General Counsel; Jonathan Steinberg, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Glen Bridge, Information Systems Development; Don Dudley, Director of Education and Examination; Sharon Homoya, Human Resources; George Ferrie, Director, Compliance; Christina Kaiser, Director of Enforcement; Gene Mays, Customer Service Manager; Dede McEachern, Director of Licensing; Simon Skedd, Information Services; and Kay Mahan, Executive Assistant.

Chairman Denton presented exiting Commissioner Bill Pittman with an agency gift and wished him well.

Lilian Norman-Keeney, seconded by Fred Moses, moved to approve the minutes of the meeting of December 11, 2007. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item C, Public Comment. There were no public comments.

Chairman Denton moved to agenda item D, Consideration and possible action on a Motion for Rehearing filed by Pegah Zabihi, Docket No. COS2007001297L/452-07-3201.COS (Texas Department of Licensing and Regulation v. Pegah Zabihi). Mike Arismendez, seconded by LuAnn Morgan, moved to deny the Motion. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item E, Consideration and possible action on a Motion for Rehearing filed by Andrew Ledom, Docket No. ELC2006003352S/452-07-1996.ELC (Texas Department of Licensing and Regulation v. Andrew Ledom). LuAnn Morgan, seconded by Fred Moses, moved to grant the Motion. The motion was passed by unanimous vote. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to vacate the previous Order and modify the Proposal for Decision and change the penalty amount to $500 total; $250 per violation, with 2 violations. The motion was passed with Mike Arismendez and Fred Moses voting in dissent.

Chairman Denton moved to agenda item K, Discussion and possible action on the adoption of proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 73, §§73.10, 73.80, and 73.100 regarding the electricians program to define the term “offer to perform”; to reduce the application and renewal fees for master electricians and master sign electricians from $65 to $50, journeyman electricians and journeyman sign electricians from $40 to $35, and electrical contractors from $125 to $115; and to adopt the most recent version of the National Electrical Code as the electrical code for the state to comply with the provisions of Texas Occupations Code, §1305.101(a)(2) which requires the Commission to adopt the revised code after it is amended and published every three years. Deborah Yurco, seconded by Mike Arismendez, moved to approve the fee rules with an effective date of May 15, 2008; and the other 2 rules with the effective date of March 1, 2008; and in adopting the rule, the intent was that Enforcement not target general contractors that are registered with the Texas Residential Construction Commission. The motion was passed with Mike Arismendez, Lewis Benavides, Frank Denton and Deborah Yurco voting in favor; and LuAnn Morgan, Fred Moses and Lilian Norman-Keeney voting in dissent.

Chairman Denton moved to agenda item F1, Contested Case, BAR2007001583D/452-08-0354.BAR, TDLR v. Tyrone Sasser, d/b/a TB’s Unfadeable Cuts. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ACR2006003172S/452-07-2770.ACR & ELC2006003173S/452-07-2770.ELC, TDLR v. Daryl Losaw d/b/a Daryl Losaw Builder. Fred Moses, seconded by Deborah Yurco, moved to disapprove the Proposal for Decision and assess no penalty. The motion was passed by unanimous vote.

Docket Number ELC2007002472L/452-07-3009.ELC, TDLR v. Avery W. Battle, Jr. Lilian Norman-Keeney, seconded by Fred Moses, moved to pass this case until the next meeting. The motion was passed by unanimous vote.

Docket Number ELC2007003056L/452-07-3442.ELC, TDLR v. Lazaro S. Loya. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2007004960L/452-07-3995.ELC, TDLR v. Victor H. Constante. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2007003991L/452-07-3899.ELC, TDLR v. George Singleterry. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

The meeting was recessed at 10:48 a.m.

The meeting was reconvened at 11:04 p.m.

Chairman Denton moved to agenda item F2, Contested Cases – Defaults: The final action on each Proposal for Decision is as follows:

Docket Numbers ELC2007000629C/452-07-2426.ELC, TDLR v. Richard C. Parker, d/b/a Impact Construction and Steel; ELC2007004962L/452-08-0225.ELC, TDLR v. Cameron D. Combs; and COS2007001294L/452-07-3499.COS, TDLR v. Diana Lerma. Mike Arismendez, seconded by LuAnn Morgan, moved to approve the Proposals for Decision as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item F3, Uncontested Cases/Default Cases heard before the TCLR. The final action on each proposed Default Order is as follows:

Docket Numbers ACR2007003843D, TDLR v. Philip Acton, d/b/a Band-Aire; ACR2007004524D, TDLR v. Paulette Elaine Braziel; COS2007001219D, TDLR v. Dief Thi Nguyen, d/b/a D. Nails; COS2008000390D, TDLR v. Mark D. Hindsley, d/b/a New Visions Hair Design; and ELC2007004460M, TDLR v. Abel Gregory Duarte. Fred Moses, seconded by LuAnn Morgan, moved to approve the Default Orders as presented. The motion was passed by unanimous vote.

Docket Number COS2007001997D, TDLR v. Lucila Ojeda. The Commission took no action on this case.

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

The meeting was recessed at 12:18 p.m.

The meeting was reconvened at 1:45 p.m.

Chairman Denton moved to agenda item H, Advisory Board Reports. Brian Francis gave the Commission a brief report.

Chairman Denton moved to agenda item I, Discussion and possible action on the adoption of proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 61, §61.48 regarding the combative sports program to increase the minimum insurance coverage that is required to be provided by an amateur combative sports association (ACSA) so that the coverage required for injuries sustained in an event is $50,000 and for payment in the event of death is $100,000; require that the physicians provided for an event by an ASCA must be registered by the Department; and delete the requirement that the physician must be licensed. Mike Arismendez, seconded by Fred Moses, 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 adoption of proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 61, §61.80 regarding the combative sports program fees to reduce the annual license application and renewal fee for a contestant from $30 to $20 and to reduce the permit fee per live professional event and the simultaneous telecast of a live contest on a closed circuit telecast in which fees are charged for admission, from $500 to $100. Mike Arismendez, seconded by Deborah Yurco, moved to adopt the rules as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item L, Approval of appointments of members to Advisory Boards. Mike Arismendez, seconded by LuAnn Morgan, moved to approve the following appointments. The motion was passed by unanimous vote.

  • Elevator Advisory Board – New Appointment: Greg Tamez (term expires 11/01/10).
  • Towing and Storage Advisory Board – New appointment: Bill Rowland (term expires 02/01/09).

The Commission did not meet in Executive Session.

Chairman Denton moved to agenda item O, Discussion of date, time and location of next Commission meeting. The next meeting date was set tentatively for March 18, 2008, at 12:00 p.m.

Chairman Denton then moved to agenda item P, Adjournment. LuAnn Morgan, seconded by Fred Moses, moved to adjourn. The meeting was adjourned at 2:34 p.m.

Frank Denton, Chairman
Texas Commission of Licensing and Regulation

Top of Page | TDLR Home

small image of state of texas with horizontal line on each side