Texas Commission Of Licensing and Regulation Meeting of March 25, 2008

Meeting of March 25, 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 8:06 a.m., Tuesday, March 25, 2008.  Members present were Chairman Frank Denton; Commissioners Mike Arismendez, Fred Moses, and Lilian Norman-Keeney.  A roll call verified that a quorum was present. 

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

Fred Moses, seconded by Mike Arismendez, moved to approve the absences of Commissioners:  LuAnn Morgan, Lewis Benavides and Deborah Yurco.

Mike Arismendez, seconded by Lilian Norman-Keeney, moved to approve the minutes of the meeting of January 30, 2008.  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 Numbers WWD2007001639C/452-07-3790.WWD & WWD2007004765C/452-07-3790.WWD, TDLR v. Thorp Springs Well Service, Inc.  Mike Arismendez, seconded by Lilian Norman-Keeney, moved to dismiss this case without prejudice.  The motion was passed by unanimous vote.

Docket Number ACR2007001012C/452-07-3804.ACR, TDLR v. Shane B. Hawkins, d/b/a Budget AC.  Fred Moses, seconded by Lilian Norman-Keeney, moved to modify the Proposal for Decision and add a penalty of $500 with no license suspension.  The motion was passed with Frank Denton, Fred Moses and Lilian Norman-Keeney voting in favor and Mike Arismendez voting in dissent. 

Docket Number ELC2007002472L/452-07-3009.ELC, TDLR v. Avery W. Battle, Jr.  Fred Moses, seconded by Lilian Norman-Keeney moved to accept the Proposal for Decision as presented.  The motion ended in a tie vote with Fred Moses and Lilian Norman-Keeney voting in favor; and Mike Arismendez and Frank Denton voting in dissent.  This case will be passed to the next Commission meeting.

Docket Number COS2008001581D/452-08-0434.COS, TDLR v. Triny Ho, d/b/a Modern Nails & Skin.  Fred Moses, seconded by Mike Arismendez, moved to dismiss the case.  The motion was passed by unanimous vote.

Chairman Denton moved to agenda item D2, Contested Cases – Defaults:  The final action on each Proposal for Decision is as follows:

Docket Numbers ELC2007003779L/452-08-0939.ELC, TDLR v. Kenneth Williams, Jr.; ELC2007004355S/452-08-0747.ELC, TDLR v. Roy D. Gates; ELC2007004362S/452-08-0386.ELC, TDLR v. Ricardo Rodriguez; ELC2008000446L/452-08-0848.ELC, TDLR v. Eddie Rockwell; and TOW2008002856D/452-08-1475.TOW, TDLR v. Tony Calder, d/b/a Tony’s Wrecker Service.  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 D3, Uncontested Cases/Default Cases heard before the TCLR.  The final action on each proposed Default Order is as follows:

Docket Numbers ACR2006000396C, TDLR v. Perry Arnold; ACR2007000282S, TDLR v. Patrick Torres; ACR2007000833S, TDLR v. Danny Araiza, d/b/a Danny’s Electrical; ACR2007001406D, TDLR v. William J. Thompson, d/b/a Thompson Handyman Service; ACR2007003834D, TDLR v. Robert James Ginther; ACR2008001590D, TDLR v. William J. Thompson, d/b/a Thompson Handyman Service; BAR2007004093D, TDLR v. Areceli Rojo, d/b/a Araceli’s Touch of Class; BAR2007005558D, TDLR v. Chauncy Bolding, d/b/a Positive Vibes Barber Shop; BAR2008002762D, TDLR v. Tommy Caviness, d/b/a Tommy’s Barber Shop; COS2006004587C, TDLR v. Minh Nguyen, d/b/a Candel Nails & Spa; COS2007000999D, TDLR v. Guadalupe Guzman; COS2007001014D, TDLR v. Kim Cuong Vo, d/b/a Noveaux Nails 2; COS2007002439C, TDLR v. Omar Ndiaye, d/b/a African Euphoria Braids; COS2007003699D, TDLR v. Julia Alvarez Zapatero; COS2007003849D, TDLR v. Karen Varela; COS2007004235C, TDLR v. Kathy Warsi, d/b/a Augusta Nails & Spa Salon; COS2007004506D, TDLR v. Ha Nguyen, d/b/a Lily Nails; COS2007004646D, TDLR v. Pearl Arriola Ramirez; COS2007004875D, TDLR v. Anh T. Nguyen, d/b/a Le Nails; COS2007005296D, TDLR v. Jerlinna L. Wilkerson; COS2007005348D, TDLR v. Phuong Nguyen, d/b/a Nails by Joann; COS2007005565C, TDLR v. Hai Nguyen, d/b/a Signature Nail Salon; COS2007005736D, TDLR v. Orlando Castellanos, d/b/a Nature’s Way Day Spa & Salon; COS2007005800D, TDLR v. Thamara Gomez, d/b/a Salon Marin; COS2007006144D, TDLR v. Michaela and Mario Chavez, d/b/a M. & Y. Hair Salon; COS2007006199D, TDLR v. Binh Le, d/b/a Diamond Nails #1; COS2007006371D, TDLR v. Ngoc Lan Thi Mai, d/b/a Nails Star; COS2008000322D, TDLR v. Nhan Nguyen, d/b/a European Nails; COS2008000487D, TDLR v. Martha Cortez; COS2008000516C, TDLR v. Omar Ndiaye, d/b/a African Euphoria Braids; COS2008001064D, TDLR v. Nicole Lord; COS2008002894D, TDLR v. Emily Scott; EAB2007001458C, TDLR v. Luis Pesquera; EAB2007004008D, TDLR v. Spadis LLC; EAB2007004030D, TDLR v. A New Thing Inc.; EAB2007005235D, TDLR v. Casa de Luna Properties, LP; ELC2006000550M, TDLR v. Ignacio Ortiz Lara; ELC2006001779C, TDLR v. Lewis Brent Brimberry; ELC2006003647C, TDLR v. Mark Evans; ELC2007000379C, TDLR v. Charles D. Wilson IV, d/b/a Builders Choice Construction of Texas; ELC2007000834S, TDLR v. Danny Araiza, d/b/a Danny’s Electrical; ELC2007001460I & ELC2007004115S, TDLR v. Jose Menendez, d/b/a M Electric; ELC2007004116S, TDLR v. Anderson J. Gibson, d/b/a Andy’s Electric; ELC2007004118I, TDLR v. Fernando Lopez; ELC2007004132S, TDLR v. Hank Pickering, d/b/a Pickering Construction; ELC2007004357S, TDLR v. Jacob Sokol, d/b/a Falcon Construction; ELC2007006546S, TDLR v. Patrick Torres, d/b/a PT Heating & Cooling; and ELC2008000128L, TDLR v. Moises Salinas.  Fred Moses, seconded by Mike Arismendez, moved to approve the Default Orders as presented.  The motion was passed by unanimous vote.

Docket Numbers ACR2007000820S, TDLR v. Paul White; ACR2007004624C, TDLR v. John Conley, d/b/a Admiral Services; COS2007001357D, TDLR v. Kim Loan Huynh; COS2008000585D, TDLR v. Tien Van Nguyen and Phuong Le To, d/b/a Da Vi Nails; COS2008001432D, TDLR v. Kelly Kingston; EAB2006003950D, TDLR v. Carmike Cinemas, Inc.; EAB2008002211D, TDLR v. First State Bank of Texas; and ELC2007000821S, TDLR v. Paul White.  The Commission took no action on these cases.

The meeting was recessed at 9:25 a.m.

The meeting was reconvened at 9:37 a.m.

Chairman Denton moved to agenda item E, Discussion and possible action on the adoption of new rules at 16 Texas Administrative Code, Chapter 85, §§85.1, 85.10, 85.20, 85.200-85.208, 85.400, 85.450-85.453, 85.650, 85.700-85.725, 85.800, 85.900 and 85.1000-85.1003 to implement House Bill 2094, 80th Legislature regarding the licensing and regulation of vehicle storage facilities and vehicle storage facility employees.  Mike Arismendez, seconded by Fred Moses, moved to adopt the rules effective 04/15/08 with the addition of §85.706(d) (copy of document on file with VSF).  The motion was passed by unanimous vote.     

Chairman Denton moved to agenda item F, Discussion and possible action on the adoption of new rules at 16 Texas Administrative Code, Chapter 86, §§86.1, 86.10, 86.200-86.215, 86.400, 86.450-86.453, 86.500, 86.600, 86.650, 86.700-86.710, 86.800, 86.900, 86.901, and 86.1000-86.1002 to implement House Bill 2094, 80th Legislature regarding the regulation and permitting of tow trucks, and the licensing of towing operators and towing companies.  Fred Moses, seconded by Lilian Norman-Keeney, moved to adopt the rules with a modification to §86.709 to include publicly listed phone numbers. 

The meeting was recessed at 11:07 a.m.

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

Chairman Denton moved to agenda item G, Discussion and possible action on the adoption of proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 68, §68.74 concerning continuing education requirements in the elimination of architectural barriers program to extend the time required for registered accessibility specialists to comply with continuing education requirements for certificates of registration that expire on or after March 1, 2008.  Fred Moses, seconded by Lilian Norman-Keeney, 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 adoption of proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 70 §§70.10, 70.60, and 70.103 regarding the industrialized housing and buildings program to minimize conflicts of interest for third parties participating in certification inspections and to streamline the process for approving alternative materials and methods of construction.  Fred Moses, seconded by Mike Arismendez, moved to adopt the rules as presented, effective 5/1/08.  The motion was passed by unanimous vote.

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 74, §74.80 regarding the elevators, escalators and related equipment program application fees for initial and renewal inspector registrations, fees for certificates of compliance, and fees for initial and renewal contractor registrations to lower the application fee for an initial and renewal inspector registration from $100 to $50; to lower the fee for a certificate of compliance from $30 to $20; and to lower the fees for an original and renewal contractor registration from $300 to $115.  Mike Arismendez, seconded by Lilian Norman-Keeney, 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 75, §75.80 regarding the air conditioning and refrigeration program application fees for initial and renewal contractor licenses to lower the application fee for an initial contractor license from $130 to $115 and to lower the application fee for a renewal contractor license from $80 to $65; and to clarify that the license fees are applicable to contractors.  Fred Moses, seconded by Mike Arismendez, moved to adopt the rules as presented with an effective date of 06/01/08.  The motion was passed by unanimous vote.

Chairman Denton moved to agenda item K, Discussion and possible action to approve TDLR’s criminal conviction guidelines for the Discount Health Care Card program.  Lilian Norman-Keeney, seconded by Fred Moses, moved to approve the Guidelines as presented.  The motion was passed by unanimous vote. 

Chairman Denton moved to agenda item L, Discussion and possible action to approve TDLR’s criminal conviction guidelines for the Tow Truck Operators program.  Mike Arismendez, seconded by Fred Moses, moved to approve the Guidelines as presented.  The motion was passed by unanimous vote.            

Chairman Denton moved to agenda item M, Report from Audit/Finance Committee regarding the selection of agency Internal Auditor.  Mike Arismendez gave a brief report to the Commission. 

Chairman Denton moved to agenda item N, Discussion and possible action on the selection of agency Internal Auditor.  Mike Arismendez, seconded by Lilian Norman-Keeney, moved to appoint Monday Rufus as TDLR’s Internal Auditor.  The motion was passed by unanimous vote.

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

Property Tax Consultants Advisory Council – Reappointments:  Judy Cullers (term expires 02/01/2011), Presiding Officer; and Paul Pennington (term expires) 02/01/2011.

Medical Advisory Committee – Reappointment:  Blane Sibille (term expires 02/1/2010).

Chairman Denton moved to agenda item P, Discussion and possible action to appoint Commission members to Strategic Plan Workgroup.  These appointments will be made at a later date.

Chairman Denton moved to agenda item T, Executive Session at 11:45 a.m.

The meeting reconvened at 12:32 p.m.

There was no action taken on items discussed in the Executive Session.

Chairman Denton moved to agenda item O, Overview of TDLR’s Strategic Planning process.  William Kuntz gave the Commission an overview of this process.

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

No Advisory Board reports were given.

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

Chairman Denton then moved to agenda item W, Adjournment.  The meeting was adjourned at 2:19 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