Texas Commission Of Licensing and Regulation Meeting of April 15, 2011

Meeting of April 15, 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 9:00 a.m., Friday, April 15, 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; Charles Johnson, Assistant 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 Services; 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 Kay Mahan, Executive Assistant.

LuAnn Morgan, seconded by Deborah Yurco, moved to approve the minutes of the meeting of March 4, 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 COS2009006418D/452-11-1392.COS, TDLR v. Ella Mae Rollins d/b/a Contessa Rol Beauty College. 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 ELC2010004104I/452-10-4576.ELC, TDLR v. Jasjit Sandhu d/b/a Global Ventures USA LLC. Mike Arismendez, seconded by Fred Moses, moved to remand this case back to the State Office of Administrative Hearings. The motion was passed by unanimous vote.

The meeting was recessed at 10:05 a.m.

The meeting was reconvened at 10:17 a.m.

Docket Number ELC2010012070L/452-11-0642.ELC, TDLR v. Moises Reyna. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2011000400L & VSF2011000401L/452-11-1365.TOW, TDLR v. Floyd Crouch. LuAnn Morgan, seconded by Mike Arismendez, 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 ELC2011000590L/452-11-1900.ELC, TDLR v. Ricardo Gonzalez. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Numbers BAR2009004021D/452-10-2740.BAR, TDLR v. Michelle Bates; BAR2010008320C/452-11-0498.COS, TDLR v. Cherry L. Harper; COS2009011092C/452-11-1505.COS, TDLR v. David Le d/b/a Image Nails and Facial; COS2010003531D/452-11-0902.COS, TDLR v. Tanya Reed d/b/a Back To Life Hair Design; COS2010005913D/452-11-1234.COS, TDLR v. Tommy Dang Tran; ELC2009013321C/452-11-0678.ELC, TDLR v. Sergio Castellanos; ELC2010002396S/452-10-6010.ELC, TDLR v. Eddie Cantu; ELC2010002409S/452-10-2819.ELC, TDLR v. Leon Adkins; TOW2010000246C & TOW201003859C/452-11-1563.TOW, TDLR v. Spencer Towing & Auto Care, LLC d/b/a Spencer Towing & Auto Care, LLC; and VPP2009004128M/452-11-1583.VPP, TDLR v. Charter Warranty. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposals for Decision as presented. 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 ACR2009004734C, TDLR v. David Falconnier d/b/a Shellaby Air Conditioning and Refrigeration. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed with Mike Arismendez, Lewis Benavides, Frank Denton, Lilian Norman-Keeney, and Deborah Yurco voting in favor; and LuAnn Morgan and Fred Moses voting in dissent.

Docket Number ACR2009013369C, TDLR v. James K. Herrin d/b/a Around The Clock Service. Deborah Yurco, seconded by Fred Moses, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number APR2010010425L/452-11-0044.APR, TDLR v. Tiffany B. Rodgers. Mike Arismendez, seconded by Deborah Yurco, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2009012253D, TDLR v. Loc Thanh Tran d/b/a First Lady Nails. Fred Moses, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2011000610D, TDLR v. Liem C. Thai d/b/a Flores Nails. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2011003162D, TDLR v. Gloria Ockletree d/b/a Gloria's Hair Boutique. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2011003451D, TDLR v. Lisa Tran d/b/a Nails Club 1. Lewis Benavides, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number ELC2011002546L, TDLR v. Salvador Ruvalcaba, Jr. Deborah Yurco, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number TOW2009009127C, TDLR v. Westside Recovery & Wrecker. LuAnn Morgan, seconded by Fred Moses, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number TOW2010002371C, TDLR v. ALB Group, Inc. d/b/a Texas Parking Enforcement Company. Mike Arismendez, seconded by Fred Moses, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Numbers TOW2010003705C & TOW2010004929D, TDLR v. Charles Exley and Michelle Vasquez d/b/a Action Wrecker Service; and VSF2010003708C & VSF2010004926D, TDLR v. Charles Exley d/b/a Action Wrecker Service. Fred Moses, seconded by LuAnn Morgan, moved to grant the Rehearings. The motion was passed by unanimous vote.

Docket Numbers TOW2011000355C & TOW2011001094C, TDLR v. Cory Cox and John Critchlow d/b/a Recon Recovery Solutions f/k/a APE Recovery. Deborah Yurco, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed with LuAnn Morgan voting in dissent.

Docket Number TOW2011001040D, TDLR v. Matthew Fortes d/b/a Lonestar Towing. LuAnn Morgan, seconded by Fred Moses, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number TOW2011003226D, TDLR v. Marco A. Moreno. Lilian Norman-Keeney, seconded by Fred Moses, moved to grant the Rehearing. The motion was passed by unanimous vote.

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

The meeting was reconvened at 11:22 a.m.

Chairman Denton moved to agenda item I, Executive Session at 11:25 a.m.

The open meeting was reconvened at 12:15 p.m.

There was no action taken on the Executive Session.

Chairman Denton moved to agenda item D1, Contested Cases. Docket Number ELC2010010653L/452-11-1363.ELC, TDLR v. Richard Hood. Fred Moses, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion passed with Lewis Benavides, LuAnn Morgan, Fred Moses, Lilian Norman-Keeney, and Deborah Yurco voting in favor; and Mike Arismendez and Frank Denton voting in dissent.

Chairman Denton moved to agenda item F, 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. Lewis Benavides, seconded by Mike Arismendez, moved to approve the following appointments. The motion was passed by unanimous vote.

Advisory Board on Barbering – New appointment: Michael Funk (term expires 09/29/2013).

Advisory Board on Cosmetology – New appointment: Gordon Logan (term expires 09/29/2013).

Electrical Safety and Licensing Advisory Board – New appointment: Mark Roach (term expires 02/01/2017).

Property Tax Consultants Advisory Board – Reappointments: Judy Cullers, Presiding Officer (term expires 02/01/2014); Paul Pennington (term expires 02/01/2014).

Commissioners Mike Arismendez & Lewis Benavides departed the meeting at 12:40 p.m.

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

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 2:10 p.m.

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

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