Texas Commission Of Licensing and Regulation Meeting of February 3, 2009

Meeting of February 3, 2009
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 9:05 a.m., Tuesday, February 3, 2009. Members present were Chairman Frank Denton; Vice-Chair LuAnn Morgan; Commissioners Mike Arismendez, Lewis Benavides, Fred Moses; and Lilian Norman-Keeney. 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; Brad Bowman, General Counsel; Jeff Hill, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Glen Bridge, Information Services; Jerry Daniels, Financial Management; Don Dudley, Director of Education & Examination; George Ferrie, Director of Compliance; Sharon Homoya, Human Resources; Christina Kaiser, Director of Enforcement; Gene Mays, Customer Service; Dede McEachern, Director of Licensing; Simon Skedd, Information Services; and Kay Mahan, Executive Assistant.

LuAnn Morgan, seconded by Fred Moses, moved to excuse the absence of Deborah Yurco. The motion was passed by unanimous vote.

Mike Arismendez, seconded by LuAnn Morgan, moved to approve the minutes of the meeting of December 16, 2008. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item C, Public Comment. There was no public comment.

Chairman Denton moved to agenda item D, Consideration and possible action on a Motion for Rehearing filed by Tommy Corea, Docket No. ACR2007000108C (Texas Department of Licensing and Regulation v. Tommy Corea). Fred Moses, seconded by LuAnn Morgan, moved to grant the rehearing. The motion was passed with Mike Arismendez voting in dissent.

Chairman Denton moved to agenda item E, Consideration and possible action on a Motion for Rehearing filed by Clint W. Stephenson, Docket No. BAR2008009104D (Texas Department of Licensing and Regulation v. Clint W. Stephenson). LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to grant the rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item F, Consideration and possible action on a Motion for Rehearing filed by Hien Van Nguyen, Docket No. COS2007002234D (Texas Department of Licensing and Regulation v. Hien Van Nguyen). Fred Moses, seconded by Mike Arismendez, moved to grant the rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item G, Consideration and possible action on a Motion for Rehearing filed by Adama Mbengue, Docket No. COS2008005924 (Texas Department of Licensing and Regulation v. Adama Mbengue). LuAnn Mogan, seconded by Fred Moses, moved to grant the rehearing and refer the case back to Enforcement. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Consideration and possible action on a Motion for Rehearing filed by Rene Orellana, Docket No. ACR2008006104D (Texas Department of Licensing and Regulation v. Rene Orellana). Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Consideration and possible action on a Motion for Rehearing filed by Aquilino Rojas, Docket No. ELC2008007632C (Texas Department of Licensing and Regulation v. Aquilino Rojas). Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to deny the rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Consideration and possible action on a Motion for Rehearing filed by Thu Pham, Docket No. COS2006004216C (Texas Department of Licensing and Regulation v. Thu Ha Thi Pham). Fred Moses, seconded by Lilian Norman-Keeney, moved to grant the rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item K1, Contested Cases. The final action on each Proposal for Decision is as follows:

Docket Number ACR2007003134D/452-08-4243.ACR, TDLR v. Stephen Sparks d/b/a Mr. Washing Machine. Mike Arismendez, seconded by Lewis Benavides, moved to deny the Proposal for Decision and impose a penalty of $2,000. The motion was passed by unanimous vote.

Docket Number BAR2008007019D/452-08-4300.BAR, TDLR v. Demetrius M. Long. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision and increase the penalty to $1,000. The motion was passed with Fred Moses voting in dissent.

Docket Number BOX2008007062D/452-08-4348.BOX, TDLR v. Natanael Chavez. Lilian Norman-Keeney, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2008002575D/452-08-4062.COS, TDLR v. Linda Thao Tran. LuAnn Morgan, seconded by Fred Moses, moved to accept the Proposal for Decision and decrease the penalty from $4,000 to $2,000. The motion was passed with Lewis Benavides, LuAnn Morgan, Fred Moses and Lilian Norman-Keeney voting in favor and Mike Arismendez and Frank Denton voting in dissent.

Docket Number COS2008004642D/452-09-0508.COS, TDLR v. Hong Phan d/b/a 10 Nails. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision and increase the penalty to $6,000. The motion was passed with Fred Moses voting in dissent.

The meeting was recessed at 11:00 a.m.

The meeting was reconvened at 11:15 a.m.

Chairman Denton moved to agenda K2, Uncontested Cases/Default Cases heard before the TCLR. The final action on each proposed Default Order is as follows:

Docket Numbers ACR2006004058I, TDLR v. CB Plumbers, LLC; ACR2007001826M, TDLR v. Jerry Aldana; ACR2007002666C, TDLR v. Jay McRee d/b/a Affordable Appliances; ACR2007005418C, TDLR v. Marcos Mendoza; ACR2007005425C, TDLR v. Marcos Mendoza; ACR2007005630C, TDLR v. Bobby Ray Patterson; ACR2007005760C, TDLR v. William Dale Marshall; ACR2007006028C, TDLR v. Billy Jones d/b/a Energy Efficient Services; ACR2008006624M, TDLR v. Carlos H. Prieto d/b/a Air Comfort; BAR2008002403D, TDLR v. Luke Norwood d/b/a Luke’s Barber & Beauty Shop; BAR2008007817D, TDLR v. Arnold Von Perry; BAR2008010110D, TDLR v. Joseph Hayes; COS2007001777C, TDLR v. Ruben Garcia; COS2007002216D, TDLR v. Khoi Van Tran; COS2007002266D, COS2007002266D, TDLR v. Khen Tran; COS2007004169D, TDLR v. Linh Tran d/b/a Legends Nail; COS2008001609D, TDLR v. Marie Laure Kouame and Gilbert Kouame d/b/a Mary’s Braid and Salon; COS2008002665D, TDLR v. Maria Chirino d/b/a Adonai Beauty Salon; COS2008002988D, TDLR v. Harly Nguyen d/b/a Q. Nails; COS2008003043D, TDLR v. Jacqueline Buhl d/b/a N 2 Stylz Total Concept Salon; COS2008004813C & COS2008004820C, TDLR v. Rosslyn Y. Allen & Joseph Allen d/b/a Tight Ends Hair Studio; COS2008005188D, TDLR v. Maria Gutierrez d/b/a Mar-Lu Beauty Salon; COS2008005319D, TDLR v. Josefina Gutierrez; COS2008005567D & COS2008005577D, TDLR v. Thao Nguyen d/b/a LQ Nails; COS2008005925D, TDLR v. Amy Dawn Short; COS2008006356D, TDLR v. Lan Pham; COS2008006392D, TDLR v. Arneatha Torry d/b/a Executive Looks; COS2008006600D, TDLR v. Hoa Hoang d/b/a The Pure Massage and Salon; COS2008006714D, TDLR v. Margo Sarette Bridges; COS2008007084D, TDLR v. Jane Pham d/b/a All About Nails; COS2008008191D, TDLR v. Carlos F. Estrada; COS2008008292D, TDLR v. Marquinn L. Middleton; COS2008008327D, TDLR v. Thanh Thuong Thuy Tran; COS2008008336, TDLR v. Loan Thanh Lam; COS2008008345D, TDLR v. Tuyen Thi Ngo; COS2008008566D, TDLR v. Uyen Le; COS2008008650D, TDLR v. Constance Warren d/b/a Poohshae’s Coiffeur; COS2008008933D, TDLR v. Rosa A. Gallegos d/b/a New Fancy Cuts; COS2008008937D, TDLR v. Laura Susana Lamas; COS2008008964D, TDLR v. Natalia Hernandez d/b/a Natilia’s (Nelly’s) Beauty Salon; COS2008009006D, TDLR v. Maria Estrada d/b/a Hair Control Salon; COS2008009106D, TDLR v. Rosa Duran d/b/a Rosy’s Fashion Cuts; COS2008009442D, TDLR v. Esmeralda Osborn d/b/a Tuxedo; COS2008009666D, TDLR v. Tan Huy Nguyen; COS2008009717D, TDLR v. Julie Catalina d/b/a Polished Perfection; COS2008009881D, TDLR v. Alejandrina Macias d/b/a Macias Hair Creations Unisex; COS2008010039D, Llamna Munoz d/b/a Llamna’s Beauty Salon; COS2008010042D, TDLR v. Edna Pina; COS2009000970D, TDLR v. Debra Bearden d/b/a Alluring Nails by Lynn; COS2009001698D, TDLR v. Thanh Hung Huynh; COS2009002076D, TDLR v. Gabrielle Kouame; ELC2007003351I, TDLR v. Daniel Nicoletti; ELC2007005014D, TDLR v. Manuel Flores, Sr.; ELC2007005023D, TDLR v. Manuel Flores, Jr.; ELC2007006512C, TDLR v. Edward W. Johnson; ELC2008002954C, TDLR v. Robert W. Milner d/b/a Northstar A/C Electrical Contractors; ELC2008005240D, TDLR v. James Bradshaw; ELC2008007021S, TDLR v. Raul Zamora d/b/a Texas Handyman; ELC2008007637S, TDLR v. Jerry Baker; ELC2008007644S, TDLR v. John A. Bruyere; ELC2008007662S, TDLR v. Vince Ramacca; ELC2008007664S, TDLR v. Carlton Norman; ELC2008007670S, TDLR v. Tim Cordova; ELC2008007676S, TDLR v. Daniel Nicoletti; ELC2008007677S & ELC2009000089D, TDLR v. Anthony Daniel Messa d/b/a Messa Home Services; ELC2008009845L, TDLR v. Robert C. Buckley; ELC2008010077L, TDLR v. Justin W. Lyness; ELC2009000765L, TDLR v. Joel Escobedo; ELE2007004225D, TDLR v. Deven S. Bhakta, Registered Agent for Elgin Hospitality, Inc. d/b/a Holiday Inn Express; IHB2008002931D, TDLR v. Arrowhead Industries, LLC; SCP2007004753D & SCP2008002293C, TDLR v. Ultimate Warranty Corporation; and TOW2008005556D & VSF2009003077D, TDLR v. Terry Carboni d/b/a A.J. Towing of Dallas. LuAnn Morgan, seconded by Fred Moses moved to approve the Default Orders as presented. The motion was passed by unanimous vote.

Docket Numbers ACR2007006583C, TDLR v. Kenneth Henderson; ACR2007006586C, TDLR v. Hooshang Rahnemaie; BAR2007003074D, TDLR v. Tommie Joe Reeves d/b/a Million Dollar Hair Cuts; BAR200800134D & BAR2008008183D, TDLR v. Cheryln A. Swain; BAR2008004536D, TDLR v. Edwin Sidney Steward d/b/a Sid’s Clip Joint #1; BAR2008008727D, TDLR v. William Anthony Wood d/b/a Settin Trendz; BAR2009000659D, TDLR v. Helen Blake d/b/a The Haircut Factory; BLR2008005726D, TDLR v. Kate’s Cleaners; COS2008002353D & COS2008003267D, TDLR v. Thanh T. Vo d/b/a Pretty Nails; COS2008004375D, TDLR v. Dien Le d/b/aUltra Nails; COS2008005060D, TDLR v. Cam Thi Nguyen d/b/a Golden Nails; COS2008005469C, TDLR v. Teresa P. Nguyen d/b/a Houston #1 Nails & Facials; COS2008006712D, TDLR v. Julia Harris d/b/a Juliah’s Beauty Shop; COS2008007218D, TDLR v. Maria Marquez d/b/a SW Nails; COS2008008111D, TDLR v. Adolfo Rodriguez; COS2008008426D, TDLR v. Institute of Esthetics Salon and Spa Institute; COS2008008427D, TDLR v. Jenny Hutchins d/b/a Hair Studio; COS2008008494D & COS2008009791D, TDLR v. Gloria Carrizales d/b/a Prestige Beauty Studio; COS2008008980D, TDLR v. Woodrow Fillingim d/b/a Renaissance Salon of Dallas; COS2008009033D, TDLR v. Linda Marie Dorety; COS2009000543D, TDLR v. Ramona Alaniz d/b/a Chateau Royale; COS2009002517D, TDLR v. Thai Thi Nguyen; ELC2008001870C, TDLR v. Toby Hecker; ELC2008007648S, TDLR v. Dave Fredrick; and ELC2008007674S, TDLR v. Rolando Guillen. The Commission took no action on these cases.

The meeting was recessed at 12:40 p.m.

The meeting was reconvened at 1:33 p.m.

A public comment was heard from Allen Erenbaum, with Consumer Health Alliance regarding agenda items L & M.

Chairman Denton moved to agenda item L, Discussion and possible action on the adoption of proposed amendments at 16 Texas Administrative Code, Chapter 84, §84.70 and §84.73, which would require the discount health care card program operator to be identified on all program membership and advertising materials used by program operators and their marketers. Mike Arismendez, seconded by LuAnn Morgan, moved to approve §84.70 with modifications discussed and §84.73 without modifications, with an effective date of 4/1/2009. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item M, Discussion and possible action to approve the penalty matrix for Discount Health Care Card Providers to be included in TDLR’s enforcement plan. LuAnn Morgan, seconded by Mike Arismendez, moved to approve the penalty matrix with the addition of the list of marketers included under Class A, 76.101(a)(4) and 2 new rules under Class B, and the authority make non-substantive changes . The motion was passed by unanimous vote.

Chairman Denton moved to agenda item N, Discussion and possible action on a request for additional capital authority for public meeting rooms renovations at the North Campus. Fred Moses, seconded by Lilian Norman-Keeney, moved to approve the capital authority. The motion was passed by unanimous vote.

The meeting was recessed at 2:40 p.m.

The meeting was reconvened at 2:48 p.m.

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

The Commission did not take up item P, Advisory Board Reports.

Chairman Denton moved to agenda item Q, Approval of appointments of members to Advisory Boards. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to approve the following appointments. The motion was passed by unanimous vote.

  • Air Conditioning and Refrigeration Contractors Advisory Board – Reappointments: David Munoz, Presiding Officer (term expires 2/1/2015) and David Logan (term expires 2/1/2015).
  • Board of Boiler Rules – Reappointments: Russell Mays (term expires 1/31/2015) and Ben Juarez (term expires 1/31/2015).
  • Electrical Safety and Licensing Advisory Board – Reappointments: Keith Bell, Presiding Officer (term expires 2/01/2015), Anthony Merritt (term expires 2/01/2015) and Brad Boyer (term expires 2/01/2015).
  • Property Tax Consultants Advisory Board – Stephen Dunson (term expires 2/01/2012) and William Green (term expires 2/01/2012).

The Commission did not meet in Executive Session.

Chairman Denton moved to agenda item T, Discussion of date, time and location of future Commission meeting. This meeting date will be set at a future time.

Chairman Denton then moved to agenda item U, Adjournment. The meeting was adjourned at 4:20 p.m.

Frank Denton, Chairman
Texas Commission of Licensing and Regulation

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