Texas Commission Of Licensing and Regulation Meeting of June 2, 2011

Meeting of June 2, 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., Thursday, June 2, 2011. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners LuAnn Morgan, Fred Moses, and Ravi Shah. 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; Pam Legate, 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; Ray Pizarro, with Education & Examination; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; Gene Mays, Director of Customer Service; Dede McEachern, Director of Licensing; and Kay Mahan, Executive Assistant.

Mike Arismendez, seconded by LuAnn Morgan, moved to approve the minutes of the meeting of April 15, 2011. The motion was passed by unanimous vote.

Fred Moses, seconded by Mike Arismendez, moved to excuse the absence of Commissioner Lilian Norman-Keeney. 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 IHB2008008199C/452-10-3257.IHB, TDLR v. Chad Denton d/b/a Georgetown Mobile Homes. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number AUC2010011569L/452-11-0640.AUC, TDLR v. Aaron Rowe. Fred Moses, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2010003034S/452-10-5407.ELC, TDLR v. Carl Hamilton. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision with a penalty of $2,000. The motion was passed with Mike Arismendez, Frank Denton, and LuAnn Morgan voting in favor; and Fred Moses and Ravi Shah voting in dissent.

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

Docket Number VSF2011000271L/452-11-1389.VSF, TDLR v. Earnest Pruitt. Mike Arismendez, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2010002576D/452-11-0164.COS, TDLR v. Hong Nguyen d/b/a Vanity Hair & Spa. Fred Moses, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2011001163D/452-11-1490.COS, TDLR v. Kim Anh Cao d/b/a Villa Nails. Ravi Shah, seconded by Fred Moses, moved to accept the Proposal for Decision with a penalty of $3,000. The motion was passed by unanimous vote.

Docket Number COS2009006642D/452-11-0901.COS, TDLR v. Phill Tran d/b/a Only Nails. Mike Arismendez, seconded by Fred Moses, moved to accept the Proposal for Decision with a penalty of $3,000. Mike Arismendez withdrew the motion. Mike Arismendez, seconded by Fred Moses, moved to reject the Proposal for Decision and impose a $3,000 penalty. The motion failed with Mike Arismendez and Fred Moses voting in favor; and Frank Denton, LuAnn Morgan and Ravi Shah voting in dissent. LuAnn Morgan, seconded by Ravi Shah, moved to accept the Proposal for Decision with a penalty of $2,000. The motion was passed with Frank Denton, LuAnn Morgan and Ravi Shah voting in favor; and Mike Arismendez and Fred Moses voting in dissent.

The meeting was recessed at 10:08 a.m.

The meeting was reconvened at 10:22 a.m.

Docket Number COS2011003449D/452-11-2382.COS, TDLR v. Thanh Ngoc Le d/b/a Nail and Fashion Nails. The Commission passed on this case.

Docket Number ACR2011001360L/452-11-1612.ACR, TDLR v. William Enox. Mike Arismendez, seconded by Ravi Shah, moved to reject the Proposal for Decision. The motion was passed with Fred Moses voting in dissent.

Docket Number ELC2010010951L/452-11-1387.ELC, TDLR v. Hilario Garza. Mike Arismendez, seconded by LuAnn Morgan, moved to reject the Proposal for Decision. The motion was passed by unanimous vote.

Docket Number BAR2010008341D/452-10-4754.BAR, TDLR v. Warren B. Long d/b/a 518 Hair Studio. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision with a $2,000 penalty. The motion was passed by unanimous vote.

Docket Number ACR2009012599C/452-10-5431.ACR, TDLR v. David Cabrera d/b/a Iceberg AC & Heating Services. The Commission passed on this case.

Docket Number ACR2011000985L/452-11-1584.ACR, TDLR v. Jonathan Prim. Ravi Shah, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2010011614D/452-10-5987.COS, TDLR v. David Parsons. Mike Arismendez, seconded by LuAnn Morgan, moved to reject the Proposal for Decision and assess a penalty of $500. 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 Numbers ACR2010008672C & ELC2010008671C/452-11-1713.ACR, TDLR v. Anthony Mullens. Ravi Shah, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2009010632D/452-11-1503.COS, TDLR v. Maria Isabel Saenz d/b/a Yire Barber Beauty Salon. The motion was passed by unanimous vote.

Docket Number ELC2011002916L/452-11-3319.ELC, TDLR v. Matthew Kluck. LuAnn Morgan, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2011007719D/601-07-2381, TDLR v. Mohammad Elghayalini d/b/a Express Car Service and Ziad Elghayalini a/k/a Ziyad Elghayalini and Zoel Enterprises, Inc. d/b/a Express Paint & Body Auto Service. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2011003961D/452-11-2795.COS, TDLR v. Chad Willis. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2009009934C/452-11-0668.ELC, TDLR v. Clint Finley. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Numbers BAR2009008807D/452-10-2736.BAR, TDLR v. Charles Ray Kelley, Jr.; COS2009000250D, BAR2009000268D & BAR2009008679M/452-10-2710.BAR, TDLR v. Duwayne Brown d/b/a Dooney’s Hair Design; COS2009000267D & BAR2009008792D/452-10-2733.BAR, TDLR v. Sabaran Sorrell Steger; BAR2009008800D/452-10-2734.BAR, TDLR v. Patricia Spencer; and BAR2009008784D/452-10-2735.BAR, TDLR v. Nicholas Early. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposals for Decision as presented. The motion was passed by unanimous vote.

Docket Numbers COS2010009073D/452-11-2815.COS, TDLR v. Tiffany Pham; and COS2010009094D/452-11-2816.COS, TDLR v. Uyen T. Huynh. Fred Moses, seconded by Ravi Shah, moved to accept the Proposals for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2009008468D/452-10-5494.TOW, TDLR v. Javier Sanchez. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Numbers VPP2010006823C, VPP2010010381C, VPP2010008832C, VPP2009009420C, VPP2009008438D and VPP2009009411C/452-10-5547.VPP, TDLR v. Consumer Direct Warranty. Fred Moses, seconded by Mike Arismendez, moved to dismiss this case without prejudice. 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 COS2009006397D/452-10-5863.COS, TDLR v. Harold Tram d/b/a Nail World & Spa. Fred Moses, seconded by Ravi Shah, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2009006418D/452-11-1392.COS, TDLR v. Ella Mae Rollins d/b/a Contessa Rol Beauty College. Mike Arismendez, seconded by Fred Moses, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010008898D, TDLR v. Dang Hoa Pham. Fred Moses, seconded by LuAnn Morgan, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2011002971D, TDLR v. Kimberly Journey. LuAnn Morgan, seconded by Fred Moses, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number EAB2011002712D, TDLR v. Frisco/Christie Ranch Residential Association. Ravi Shah, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number EAB2011002835D, TDLR v. New Rivercenter Mall. Fred Moses, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Numbers EAB2011005272D and EAB2011005273D, TDLR v. William C. and Betty June Weiblinger. Fred Moses, seconded by LuAnn Morgan, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number ELC2010011447C, TDLR v. Ken Schlaud d/b/a Ken Schlaud Construction. Ravi Shah, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item F, Motion to Set Aside – The Commission may consider and take any appropriate action related to the following matter:

Docket Number COS2010002817D, TDLR v. Danny Duong Nguyen. Mike Arismendez, seconded by LuAnn Morgan, moved to Set Order Aside. The motion was passed by unanimous vote.

The meeting was recessed at 11:40 a.m.

The meeting was reconvened at 12:37 p.m.

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

Docket Numbers TOW2009013265C, TDLR v. Timothy Knox d/b/a EMC Towing; and TOW2010001278C and TOW2010003813C, TDLR v. Fernando Coronado d/b/a Coronado Wrecking/Storage. Mike Arismendez, seconded by LuAnn Morgan, moved to deny the Rehearings. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item G, Discussion and possible action on proposed adoption of amendments at 16 Texas Administrative Code, Chapter 83, §83.108 to define and create guidelines for the use of non-whirlpool foot basins, disposable spa liners, and portable whirlpool jets when providing manicure and pedicure services to cosmetology clients. Ravi Shah, seconded by LuAnn Morgan, moved to approve the rules with an effective date of July 1, 2011. The motion was passed by unanimous vote.

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

Commissioner LuAnn Morgan left the meeting at 1:30 p.m.

The meeting was recessed at 2:07 p.m.

The meeting was reconvened at 2:16 p.m.

Chairman Denton continued with agenda item H, Staff Reports.

Chairman Denton moved to agenda item J, Discussion and possible action to exercise the option to extend the term of the Department’s current contract for internal auditor services. Fred Moses, seconded by Mike Arismendez, moved to extend the contract for 1 year, from September 1, 2011 to August 31, 2012. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item K, Approval of appointments of members to Advisory Board, including appointment of presiding officers. Mike Arismendez, seconded by Ravi Shah, moved to approve the following appointments. The motion was passed by unanimous vote.

Elevator Advisory Board – Reappointments: Bryan R. Morris, Presiding Officer (term expires 11/01/2013); Scott Anderson (term expires 11/01/2013); Grayson D. Gill, Jr. (term expires 11/01/2013); Ronald W. Menard (term expires 11/01/2013); and Greg Tamez (term expires 11/01/2013).

Licensed Court Interpreter Advisory Board – New appointment: Robert Richter, Jr. (term expires 02/01/2015); Reappointments: Ann Murray Moore, Presiding Officer (term expires 02/01/2017); Melissa B. Fischer (term expires 02/01/2017); and Tom Head (term expires 02/01/2017).

Texas Tax Professional Advisory Committee – Reappointments: Dorye Kristeen Roe (term expires 03/01/2017); and Lee Jaye Rosenberg (term expires 03/01/2017).

Towing, Storage, and Booting Advisory Board – Reappointments: Hector Cabello (term expires 02/01/2017); Chris Confer (term expires 02/01/2017); Amy Milstead (term expires 02/01/2017); and Vince Griffin (term expires 02/01/2017).

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

The Commission did not meet in Executive Session.

Chairman Denton moved to agenda item O, Adjournment. The meeting was adjourned at 2:59 p.m.

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

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