Texas Commission Of Licensing and Regulation Meeting of May 28, 2008

Meeting of May 28, 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 9:04 a.m., Wednesday, May 28, 2008.  Members present were Chairman Frank Denton; Vice-Chair, LuAnn Morgan; Commissioners Mike Arismendez, Lewis Benavides, Fred Moses, 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; 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; George Ferrie, Director of 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.

Mike Arismendez, seconded by LuAnn Morgan, moved to approve the absence of Lilian Norman-Keeney.  The motion was passed by unanimous vote.

Fred Moses, seconded by Mike Arismendez, moved to approve the minutes of the meeting of March 25, 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 D, Consideration and possible action on a Motion for Rehearing filed by Ricardo Rodriguez, Docket No. 452-08-0386 (Texas Department of Licensing and Regulation v. Ricardo Rodriguez).  Mike Arismendez, seconded by Deborah Yurco, moved to deny the Motion for Rehearing.  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 Luis Pesquera/Joyce’s Ocean Grill, Docket No. EAB2007001458C (Texas Department of Licensing and Regulation v. Luis Pesquera/Joyce’s Ocean Grill).  LuAnn Morgan, seconded by Fred Moses, moved to grant the Motion for 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 Ngoc Lan Thi Mai d/b/a Nails Star, Docket No. COS2007006371D, (Texas Department of Licensing and Regulation v. Ngoc Lan Thi Mai d/b/a Nails Star).  Fred Moses, seconded by LuAnn Morgan, moved to deny the Motion for Rehearing.  The motion was passed by unanimous vote.

Chairman Denton moved to agenda item F1, Consideration and possible action on a Motion for Rehearing filed by Michaela and Mario Chavez d/b/a M.Y. Hair & Nail Salon, Docket No. COS2007006144D (Texas Department of Licensing & Regulation v. Michaela and Mario Chavez d/b/a M.Y. Hair & Nail Salon).  LuAnn Morgan, seconded by Fred Moses, moved to grant the Motion for Rehearing.  The motion was passed by unanimous vote.

Chairman Denton moved to agenda item G1, Contested Cases.  The final action on each Proposal for Decision is as follows:

Docket Numbers COS2006003004D/452-08-0279.COS & COS2007003454D/452-08-0279.COS, TDLR v. Uyen Thi Nguyen & Phillip Nguyen d/b/a Only Nails.  Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision with the modification of eliminating Findings of Facts #11-13.  The motion passed with Mike Arismendez and Frank Denton voting in dissent. 

Docket Number COS2007002408D/452-07-3404.COS, TDLR v. Trinh Trong Nguyen.  LuAnn Morgan, seconded by Mike Arismendez, moved to accept the Proposal for Decision with a fine of $16,600 and license suspension, probated for 6 months, and excluding the Continuing Education provision for Mr. Nguyen’s employees.  The motion was passed with Deborah Yurco voting in dissent.

The meeting was recessed at 10:25 a.m.

The meeting reconvened at 10:36 a.m.

Docket Number ELC2007002472L/452-07-3009.ELC, TDLR v. Avery W. Battle, Jr.  Mike Arismendez, seconded by Deborah Yurco, moved to disapprove the Proposal for Decision and deny the license.  The motion passed with Lewis Benavides and Fred Moses voting in dissent. 

Docket Number ELC2007006173L/452-08-1179.ELC, TDLR v. Keala A. Briseno.  LuAnn Morgan, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented.  The motion was passed by unanimous vote.

Docket Number ELC2007006177L/452-07-0720.ELC, TDLR v. Tim O. Duncan.  Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented.  The motion was passed by unanimous vote.

Docket Number ELC2008004060L/452-08-0265.ELC, TDLR v. Sam Cox.  Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented.  The motion was passed by unanimous vote.

Docket Number ELC2008000854L/452-08-1346.ELC, TDLR v. Jezreel Robbins.  Mike Arismendez, seconded by Lewis Benavides, moved to accept the Proposal for Decision as presented.  The motion was passed by unanimous vote.

Chairman Denton moved to agenda item G2, Contested Cases – Defaults:  The final action on each Proposal for Decision is as follows:

Docket Numbers ACR2007001241C/452-08-1348.ACR, TDLR v. Mickey Resendez d/b/a Ashley Mechanical Service, Inc.; COS2007001066C/452-08-1299.COS, TDLR v. Toan Cong Tran; and ELC2008000852L/452-08-1296.ELC, TDLR v. Antoine S. Benson.  Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposals for Decision as presented.  The motion was passed by unanimous vote.

Docket Number IHB2007001346C/452-08-0631.IHB, TDLR v. Bluebonnet Manufactured Homes, Inc.  Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented.  The motion was passed by unanimous vote.

Chairman Denton moved to agenda item R, Executive Session at 11:24 a.m.

The meeting reconvened at 12:36 p.m.

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

Chairman Denton moved to agenda item G3, Uncontested Cases/Default Cases heard before the TCLR.  The final action on each proposed Default Order is as follows:

Docket Numbers ACR2007001852C, TDLR v. Leon John Campbell d/b/a Band-Aire; ACR2007005622C, TDLR v. Jarrod J. Kahler; ACR2007005872C, TDLR v. Demetric Diaz d/b/a DE’s A/C & Heating; ACR2008000160S, TDLR v. Jose Manuel Granillo d/b/a Professional Air Conditioning; ACR2008000161S, TDLR v. Jerry C. Siebold d/b/a Sharp Air Conditioning Co.; ACR2008000166S, TDLR v. Raul Contreras d/b/a Installation Experts; ACR2008000170S, TDLR v. Rolando Guillen d/b/a All-K Home Repair Services; ACR2008000178S, TDLR v. Kerry Robbins d/b/a Air Service Co.; ACR2008000181S, TDLR v. Alex Gutierrez d/b/a Danny’s Appliances and Air Conditioning Repair; ACR2008002135M, TDLR v. Albert Sosa; BAR2008000184D, TDLR v. Anthony J. Hadfield; BAR2008000546D, TDLR v. Sean Jones; BAR2008000564D, TDLR v. Darien Anderson; BAR2008000573D, TDLR v. Michael Evans; BAR2008000766D, TDLR v. Larry Willie Smith; BAR2008002348D, TDLR v. Troy Lee Smith; BAR2008002568D, TDLR v. Daniel Michael Dennis; BAR2008002776D, TDLR v. Norris Boone d/b/a Boone Barber Shop; BAR2008003132D, TDLR v. Clayton Daigle; BAR2008003157D, TDLR v. Roland Gonzales; BAR2008003414D, TDLR v. Sheldon L. Tucker; BOX2008003109I, BOX2008003475I, BOX2008003477I, BOX2008003479I, BOX2008003482I, BOX2008003506I, BOX2008003507I, BOX2008003511I, BOX2008003513I, BOX2008003644I, and BOX2008003847D, TDLR v. Roy Jones; BOX2008003937I, TDLR v. Roy Jones; BOX2008004096I, TDLR v. Roy Jones; BOX2008004119I, TDLR v. Roy Jones; COS2007000299D, TDLR v. Carol Cam Van; COS2007000610D, TDLR v. Rebecca Parra; COS2007001984D, TDLR v. Veronica Guerrero d/b/a Tapanga’s Beauty Salon; COS2007002159D, TDLR v. Ho Thi Nguyen; COS2007002166D, TDLR v. Lieu Bich Tong; COS2007002168D, TDLR v. Hung Khanh Tran; COS2007002261D, TDLR v. Toan Viet Dinh; COS2007002455D, TDLR v. Alanna Leigh Shelby; COS2007003710C, Hop Vo d/b/a Nail Studio; COS2007004796C, TDLR v. Diep Vu d/b/a Rosey Nails; COS2007003083D, TDLR v. Sandra Hernandez; COS2007006197D & COS2007006207D, TDLR v. Arnold G. Sanchez d/b/a A&T Nails; COS2007006609D, TDLR v. Dung Tien Nguyen; COS2008000237D, TDLR v. Perla Lizcano d/b/a House of Wax; COS2008000356D, TDLR v. Jackie Sue Clifton; COS2008001040D & COS2008001046D, TDLR v. Shawna Reaves d/b/a Shawna’s Beauty Salon; COS2008001316D, TDLR v. Sherese Oakland d/b/a Hair Pro; COS2008001372D, TDLR v. Youngsoon Lee d/b/a Angel’s Nails; COS2008002302D, TDLR v. Kerri Rasco; COS2008002501D, TDLR v. Griselda Rutiaga d/b/a The Roots Hair Salon; COS2008002822D, TDLR v. Araceli Archuleta d/b/a A Touch of Class Nail Salon; COS2008003077D, TDLR v. Viviana Gallegos; COS2008003153D, TDLR v. Tracy Nguyen d/b/a Tracy Salon & Spa; COS2008003271D, TDLR v. Maria Isabel Esparza d/b/a Guys & Gals Cuts, Curls & Cuts; COS2008003426D, TDLR v. Kelli Estelle Gross; EAB2007004007D, TDLR v. Alfredia R. Womack Club 1919; EAB2007006494D, TDLR v. NW Hong Kong Shopping Center, Inc., c/o Hai Du Duong, Reg. Agent; EAB2008001153D, NW Hong Kong Shopping Center, Inc., c/o Hai Du Duong, Reg. Agent; EAB2008002938D, TDLR v. NW Hong Kong Shopping Center, Inc., c/o Hai Du Duong, Reg. Agent; ELC2007000347D, TDLR v. Gary Freeman; ELC2007001257C, TDLR v. Moeller Pherigo LLC d/b/a Mr. Electric; ELC2007004394M, TDLR v. Hugo Adolfo Guerra d/b/a H.G. Electrical; ELC2007004773M, TDLR v. James R. Graves d/b/a Outsiders Electric; ELC2007005587C, TDLR v. Jeremiah Baldwin d/b/a Baldwin Construction & Remodeling; ELC2008000163S, TDLR v. Don R. Wade d/b/a JW Handyman Services & Renovations; ELC2008000164S, TDLR v. Juan Jose Valle d/b/a Juan Handyman; ELC2008000165S, TDLR v. Ronald K. Lucas d/b/a Rynron Co.; ELC2008000171S, TDLR v. Rolanda Guillen d/b/a All-K Home Repair Services; ELC2008000703C, TDLR v. Roberto Cerrillo; ELC2008001042C, TDLR v. Ramiro Castellon d/b/a RCS Enterprise; ELC2008001089L, TDLR v. Robert T. Martin; ELC2008002239C, TDLR v. Heiberto “Eddie” Hernandez Jr.; and ELC2008003280D, TDLR v. Steven Scott Morell.  Mike Arismendez, seconded by Deborah Yurco, moved to approve the Default Orders as presented.  The motion was passed by unanimous vote.

Docket Number COS2007002012D, TDLR v. An Nguyen d/b/a Hi Nails.  Deborah Yurco, seconded by LuAnn Morgan, moved to accept the Default Order as amended (excluding the operating without a license charge).  The motion was passed by unanimous vote.

Docket Number COS2007006002C, TDLR v. Cheryl Lee Shaw.  Deborah Yurco, seconded by LuAnn Morgan, moved to accept the Default Order as amended (excluding the violation at §1602.251c).  The motion was passed by unanimous vote.

Docket Number COS2008002419D, TDLR v. Trang Nguyen d/b/a Fashion Nails.  Deborah Yurco, seconded by Mike Arismendez, moved to accept the Default Order as presented.  The motion was passed by unanimous vote.

Docket Number COS2008003044D, TDLR v. Christina Yvonne Hill.  Mike Arismendez, seconded by Deborah Yurco, moved to accept the Default Order as presented.  The motion was passed by unanimous vote.

Docket Numbers TOW2008002554D, TDLR v. Albert Longoria; TOW2008002577D, TDLR v. Troy Compton; and TOW2008002598D, TDLR v. James Culwell.  Deborah Yurco, seconded by Mike Arismendez, moved to approve the Default Orders as presented, with penalty amounts noted in TDLR letter.  The motion passed with Lewis Benavides and Fred Moses voting in dissent.

Docket Numbers TOW2008002953D, TDLR v. Denise Wheeler; TOW2008002960D, TDLR v. John Keyes; and VSF2008003055D, TDLR v. Victor Sarabia.  Deborah Yurco, seconded by Mike Arismendez, moved to accept the Default Order as presented, based on the previous TDLR notice.  The motion was passed with Lewis Benavides and Fred Moses voting in dissent.

Docket Numbers BAR2007002638C, TDLR v. Co Kim Pham d/b/a Nails, Inc.; BAR2008000829D, TDLR v. David Ocanas; BAR2008001027C, TDLR v. Anthony Warren; BAR2008002661D, TDLR v. Pauline Fulsom d/b/a Glamour Jazz; BAR2008003350D, TDLR v. Mark Russell; COS2007001335C, TDLR v. Quoc Nguyen d/b/a Quoc’s Pro Nail; COS2007002161D, TDLR v. Phuong Lan Le-Hoang; COS2007002665C & COS2007004617C, TDLR v. Tram Anh Nguyen d/b/a Tram’s L’Amour Nails; COS2007004464D, TDLR v. Anh Van Ngo; COS2007005164D, TDLR v. Amanda L. Lyons; COS2008000910D, TDLR v. Rachel Marie Thompson d/b/a Unique Nails; COS2008001987D, TDLR v. Rojelio Cordova & Maricela Reyes Cordova d/b/a Scorpio Unisex Salon; COS2008002101D, TDLR v. Roy Melendez d/b/a Unique Image; COS2008002248C, TDLR v. Van N. Le; COS2008002647D, TDLR v. Blanca Estella Soto d/b/a Casa Blanca Hair & Nails; COS2008002660D, TDLR v. Pauline Fulsom d/b/a Glamour Jazz Unisex; COS2008002813D, TDLR v. Glenda Crocket d/b/a Lakeshore Estate Beauty Shop; COS2008002821D, TDLR v. Nga Thi Bui d/b/a CNN Nails LLC; COS2008003033D, TDLR v. Eric Smith, Sr. d/b/a Klass Act Hair Studio; EAB2006002374D, TDLR v. American Galaxy Inc.; EAB2007001741D, TDLR v. Abraham Sibony; and ELC2008002236C, TDLR v. Steve Usleton d/b/a Steve Usleton Remodeling & Roofing.  The Commission took no action on these cases.

Chairman Denton moved to agenda item H, Discussion and possible action on the adoption of proposed amendments at 16 Texas Administrative Code, Chapter 70, §70.100 and §70.101 to adopt more recent editions of the mandatory building codes in the Industrialized Housing and Buildings program and to make necessary amendments to the codes.  Fred Moses, seconded by LuAnn Morgan, moved to adopt the rules as presented with an effective date of July 1, 2008.  The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Discussion and possible action on the adoption of proposed amendments at 16 Texas Administrative Code, Chapter 82, §82.72 regarding the responsibilities of barber schools to correct a prior agency rule adoption which did not include the list of specific tools that each student is to be furnished.  LuAnn Morgan, seconded by Fred Moses, moved to adopt the rules as presented with an effective date of July 1, 2008.  The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Discussion and possible action on the re-adoption, revision, or repeal of existing rules at 16 Texas Administrative Code, Chapter 57, For-Profit Legal Service Contract Companies, in accordance with TEX. GOV’T. CODE, §2001.039; item K, Discussion and possible action on the re-adoption , revision, or repeal of existing rules at 16 Texas Administrative Code, Chapter 70, Industrialized Housing and Buildings, in accordance with TEX. GOV’T. CODE, §2001.039; and item L, Discussion and possible action on the re-adoption, revision, or repeal of existing rules at 16 Texas Administrative Code, Chapter 76, Water Well Drillers and Water Well Pump Installers, in accordance with TEX. GOV’T. CODE, §2001.039.  LuAnn Morgan, seconded by Fred Moses, moved to adopt the rules as presented.  The motion was passed by unanimous vote.

Chairman Denton moved to agenda item N, Overview of TDLR’s Strategic Planning and Legislative Appropriations Request Process.  Brian Francis gave an overview and answered questions from the Commission.

Chairman Denton moved to agenda item Q, Discussion and possible action to propose a rule change for the initial fee for the Auctioneer Education Recovery Fund.  LuAnn Morgan, seconded by Mike Arismendez, moved to reduce the fee from $100 to $50.  The motion was passed by unanimous vote.

The meeting was recessed at 2:10 p.m.

The meeting was reconvened at 2:20 p.m.

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

Chairman Denton moved to agenda item P, Advisory Board Reports.  No Advisory Board reports were given, but the staff answered questions from the Commission.

Chairman Denton moved to agenda item T, 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 U, Adjournment.  The meeting was adjourned at 3:23 p.m.

Frank Denton, Chairman
Texas Commission of Licensing and Regulation

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