Texas Commission Of Licensing and Regulation Meeting of June 3, 2010

Meeting of June 3, 2010
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., Thursday, June 3, 2010. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners Lewis Benavides, LuAnn Morgan, and Lilian Norman-Keeney. 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; George Ferrie, Director of Compliance; and Kay Mahan, Executive Assistant.

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

Docket Numbers ACR2006004816C, ACR2007001546C/452-09-0297.ACR, TDLR v. James Conklin d/b/a Air American Heating & Air Conditioning. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion passed with Lewis Benavides voting in dissent.

Docket Number COS2007002262D, TDLR v. Ngoc Bich Thi Dao. Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to grant the Rehearing. The motion passed with Mike Arismendez voting in dissent.

The meeting was recessed at 9:35 a.m.

The meeting was reconvened at 9:43 a.m.

Docket Number IHB2009010108C, TDLR v. Karsten Sales Center. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010002203D, TDLR v. Socorro Huerta d/b/a Suki’s Hair and Nail. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number ELC2007006018C/452-08-3933.ELC, TDLR v. Terry Litzman. Mike Arismendez, seconded by Lewis Benavides, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010002522D, TDLR v. Promethean Growth Holdings d/b/a Sport Clips. Lilian-Norman-Keeney, seconded by Mike Arismendez, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Numbers ACR2006004816C & ACR2007001546C/452-09-0297.ACR, TDLR v. James Conklin d/b/a Air American Heating & Air Conditioning. Mike Arismendez, seconded by LuAnn Morgan, moved to reconsider the vote on this case. LuAnn Morgan, seconded by Mike Arismendez, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number EAB2009010574D, TDLR v. The Woodlands Mall Assoc. LLC. Mike Arismendez, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2009012069D, TDLR v. Cesar Morteo-Jimenez. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2008007032D, TDLR v. Minh Vu Truong. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2009002083C, TDLR v. Anta Dieng Diagne d/b/a Anta’s Classic Hair Braiding. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to grant the Rehearing – Final Order to be amended to reflect amount previously paid. The motion was passed by unanimous vote.

Docket Number ELC2009012794L/452-10-0797.ACR, TDLR v. Valmy L. Whitley, Sr. Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number ACR2008006764L, TDLR v. Stephen White. LuAnn Morgan, seconded by, Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

LuAnn Morgan, seconded by Lewis Benavides, moved to excuse the absences of Commissioners Fred Moses and Deborah Yurco. The motion was passed by unanimous vote.

The meeting was recessed at 10:14 a.m.

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

Chairman Denton moved to agenda item G, Discussion and possible action on the proposed adoption of amendments to existing rules at 16 Texas Administrative Code, Chapter 60, §60.40 and proposed new rules at §60.41 and §60.42, regarding license eligibility requirements for persons with criminal histories. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the rules as proposed with an effective date of July 1, 2010. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Discussion and possible action on the proposed adoption of amendments to existing rules at 16 Texas Administrative Code, Chapter 73, §73.25 and §73.80 regarding the electricians program to implement Senate Bill 470, 81st Legislature, Regular Session (2009) regarding continuing education for electrical apprentices and to implement requirements of the registered apprenticeship training program and the training program registration fee. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the rules (with modifications discussed) with an effective date of July 1, 2010. The motion was passed by unanimous vote.

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

Chairman Denton moved to agenda item M, Discussion of date, time and location of future Commission meetings. The next meeting date was tentatively set for Monday, July 19th.

Chairman Denton moved to agenda item N, Adjournment. The meeting was adjourned at 11:20 a.m.

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

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