Texas Commission Of Licensing and Regulation Meeting of March 4, 2011

Meeting of March 4, 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 9:01 a.m., Friday, March 4, 2011. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners Lewis Benavides, LuAnn Morgan, 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; Brad Bowman, General Counsel; Lynn Latombe, Assistant General Counsel; Della Lindquist, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Glen Bridge, Director of Information Systems; Jerry Daniels, Director of Financial Management; Don Dudley, Director of Education & Examination; 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; and Tamala Fletcher, Executive Assistant.

Mike Arismendez, seconded by LuAnn Morgan, moved to approve the minutes of the meeting of January 25, 2011. 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 D1, Contested Cases. The final action on each Proposal for Decision is as follows:

Docket Number TOW2010011471L/452-11-1269.TOW, TDLR v. Antonio Olivarez. 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 COS2009006397D/452-10-5863.COS, TDLR v. Harold Tram d/b/a Nail World & Spa. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision with a $1500 penalty. The motion was passed with Mike Arismendez voting in dissent.

Docket Number COS2010010776D/452-10-5860.COS, TDLR v. Ngoc Bich Thi Dao. 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 – Defaults. The final action on the Proposals for Decision is as follows:

Docket Number COS2009005751D/452-11-1231.COS, TDLR v. Lisa Vo d/b/a TL Nail & Spa. Mike Arismendez, seconded by Fred Moses, moved to remand this case back to SOAH. The motion was passed by unanimous vote.

Docket Number COS2010004451D/452-11-1048.COS, TDLR v. Debra Llamas. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2010003385D/452-11-1120.TOW, TDLR v. James Lynch. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Numbers ELC2008004236C/452-10-1673.ELC & ELC2010004254C/452-10-4612.ELC, TDLR v. Larry D. Eichner d/b/a Eichner’s Electric. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number BAR2010001924D/452-10-5986.BAR, TDLR v. Marcus Deshon Davis d/b/a The Salon 972.com. Deborah Yurco, 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 10:02 a.m.

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

Chairman Denton moved to agenda item F, Discussion and possible action on proposed adoption of amendments at 16 Texas Administrative Code, Chapter 75, §§75.10, 75.20-75.28, 75.30, 75.40, 75.65, 75.70, 75.71, 75.73, 75.80, 75.90, 75.100 and new rules at §§75.29, 75.91, and 75.110, pursuant to the required four-year rule review and the Commission’s rule simplification initiative. Mike Arismendez, seconded by Fred Moses, moved to adopt the rules, with an effective date of April 1, 2011. The motion was passed by unanimous vote.

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

Docket Number BAR2010005895L/452-10-5424.BAR, TDLR v. LaSheila Hawkins. LuAnn Morgan, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Numbers BAR2010009427D & BAR2010009428D, TDLR v. Lizeth Mascorro & Noe Mascorro d/b/a Happy Cuts. Lilian Norman-Keeney, seconded by Fred Moses, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2009006484D, TDLR v. Royar Enterprises, LLC d/b/a Allegra Hair Salon. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2009010846D, TDLR v. Nora Frescas d/b/a Silvia’s Beauty Salon 2. Fred Moses, seconded by Mike Arismendez, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS200911236D, TDLR v. Jaime Huereca d/b/a Jaime’s Hair Cuts. Mike Arismendez, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number ELC2010009234L, TDLR v. Juan Hernandez. Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed by unanimous vote.

The meeting was recessed at 11:10 a.m.

The meeting was reconvened at 11:25 a.m.

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

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

Air Conditioning and Refrigeration Contractors Advisory Board – Reappointments: Michael David Rosenberg (term expires 02/01/2017); and Richard Wayne Vrana (term expires 02/01/2017).

Board of Boiler Rules – Reappointments: Luther Bailey (term expires 01/31/2017); Todd M. Garver (term expires 01/31/2017); Donald Mitchell (term expires 01/31/2017); Richard D. West II (term expires 01/31/2017).

Electrical Safety and Licensing Advisory Board – Reappointments: David Adamson (term expires 02/01/2017).

Medical Advisory Committee – Reappointments: Mickey Christakos (term expires 02/01/2013); Dr. Wayne Lee (term expires 02/01/2013); Dr. Ivan Melendez (term expires 02/01/2013); and James Chad Curry (term expires 02/01/2013).

Used Automotive Parts Recyclers Advisory Board – Reappointment: Tchad Taormina (term expires 02/01/2017).

The Commission did not meet in Executive Session.

Chairman Denton moved to agenda item K, 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 L, Adjournment. The meeting was adjourned at 12:25 p.m.

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

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