Texas Commission Of Licensing and Regulation Meeting of July 11, 2011

Meeting of July 11, 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., Monday, July 11, 2011. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners LuAnn Morgan, Fred Moses, Lilian Norman-Keeney, 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; Kim Whitt, Education Team Leader with Education & Examination; George Ferrie, Director of Compliance; Jeff Rinard, Investigations Manager with Enforcement; Tanya Gauthreaux, Program Supervisor with Licensing; and Kay Mahan, Executive Assistant.

Ravi Shah, seconded by Fred Moses, moved to approve the minutes of the meeting of June 2, 2011. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item C, Public Comment. Public comments were taken from Pat Johnson with Texas Towing Compliance, and Jack St. John with the Texas Association of Polygraph Examiners.

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

Chairman Denton moved to agenda item D, Reaffirmation of votes from June 2, 2011 Commission Meeting.

  1. COS2009006642D/452-11-0901.COS, Phill Tran d/b/a Only Nails. This case was passed to the next meeting.
  2. Advisory Board appointments for approval. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the appointments as presented. The motion was passed by unanimous vote.
  3. Extension of term of Department’s current contract for internal auditor services. Mike Arismendez, seconded by Fred Moses, moved to approve the extension. The motion was passed by unanimous vote.

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

Docket Number ACR2010002498I, TDLR v. Derek Herring d/b/a Austin Independent Mechanical A/C and Heating Services. Mike Arismendez, seconded by Fred Moses, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Numbers BAR2010008171D & BAR2010008173D, TDLR v. Harold Goffin Jr. d/b/a Corporate Cuts. Lilian Norman-Keeney, seconded by Fred Moses, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010010937D, TDLR v. Donnel C. Gates d/b/a D/Style. Fred Moses, seconded by LuAnn Morgan, moved to grant the Rehearing. The motion ended in a tie vote (failed) with Fred Moses, LuAnn Morgan and Lilian Norman-Keeney voting in favor; and Mike Arismendez, Frank Denton and Ravi Shah voting in dissent.

Docket Number COS2010003668C, TDLR v. Hau Trung Le d/b/a Rejuvenation Spa. Mike Arismendez, seconded by Ravi Shah, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010007438D, TDLR v. Manissa D. Toure. Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010010718D, TDLR v. Mai Ngoc Ngo d/b/a Deluxe Nail & Spa. Fred Moses, seconded by LuAnn Morgan, moved to grant the Rehearing and remand the case back to TDLR. The motion was passed by unanimous vote.

Docket Number COS2011004255D, TDLR v. SRP International Inc. d/b/a Genesis Day Spa and Salon. Fred Moses, seconded by Mike Arismendez, moved to grant the Rehearing. The motion was passed with Ravi Shah voting in dissent.

Docket Number TOW2011002352D, TDLR v. Raymond Mejorado. Fred Moses, seconded by Lilian Norman-Keeney, moved to grant the Rehearing. The motion was passed with Ravi Shah voting in dissent.

The meeting was recessed at 9:52 a.m.

The meeting was reconvened at 10:02 a.m.

Chairman Denton moved to agenda item E1, Contested Cases. The final action on each Proposal for Decision is as follows:

Docket Number ACR2009012302C/452-10-5879.ACR, TDLR v. Khosrow Kevin Mohammadian. The Commission passed on this case.

Docket Number BAR2011000598L/452-11-3397.BAR, TDLR v. Glenn Brown. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2010007092L/452-11-3320.ELC, TDLR v. Victor Gonzales. Fred Moses, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2010009521D/452-11-1235.COS, TDLR v. Elisabeth Koubiteb. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed with LuAnn Morgan, Fred Moses, Lilian Norman-Keeney and Ravi Shah voting in favor; and Mike Arismendez and Frank Denton voting in dissent.

Docket Number PTC2009006346C/452-10-3593.PTC, TDLR v. Tasha Ann Thompson. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2010001356C/452-11-2660.ELC, TDLR v. Jonathan Morin d/b/a Morin Electric. Mike Arismendez, seconded by Fred Moses, moved to accept the Proposal for Decision with a penalty of $3,000 and a 6 month probated suspension. The motion was passed with Frank Denton voting in dissent.

Chairman Denton moved to agenda item L, Executive Session at 11:20 a.m.

The meeting was reconvened at 11:39 a.m.

Chairman Denton returned to agenda item E1, Contested Cases. The final action on each Proposal for Decision is as follows:

Docket Number TOW2009010869D/452-11-2992.TOW, TDLR v. Villareal Auto Mart, LLC. Mike Arismendez, seconded by Ravi Shah, moved to remand the case back to SOAH. The motion was passed by unanimous vote.

Docket Number AUC2009006764R/452-11-0694.AUC, TDLR v. Scott Fisher. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented.

Docket Numbers COS2011004934L & COS2011004932L/452-11-3691.COS, TDLR v. Phouc Thi Cam Tran. The Commission passed on this case.

Docket Number ELC2011003301L/452-11-4037.ELC, TDLR v. Joseph Don Conner. Mike Arismendez, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2011004868L/452-11-3585.TOW, TDLR v. Ronnie Williams. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Numbers ACR2007003811M & ACR2007003606C/452-11-0662.ACR, TDLR v. Hooshang Rahnemaie. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to modify the Proposal for Decision to include a $6,000 penalty. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item E2, Contested Cases – Defaults. The final action on the Proposals for Decision is as follows:

Docket Number ACR2011003760L/452-11-3396.ACR, TDLR v. Thomas Hardin. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Numbers COS2010009550D/452-11-3622.COS, TDLR v. Van T. Tran; COS2010008963D/452-11-3620.COS, TDLR v. Kim Loan T. Truong; ELC2011001186L/452-11-2530.ELC, TDLR v. James E. Sparks; VSF2009005530D & TOW2009005529D/452-11-3237.VSF, TDLR v. Joe Albritten d/b/a Albritten’s Body Shop; ELC2010008032I/452-11-1717.ELC, TDLR v. Omar Monsebais d/b/a Hereford Residential Electric; ELC2010003021S/452-11-4406.ELC, TDLR v. Craig Billeiter; and ACR2010001697D/452-11-3247.ACR, TDLR v. John Flores. Mike Arismendez, seconded by Fred Moses, moved to accept the Proposals for Decision as presented. The motion was passed by unanimous vote.

The meeting was recessed at 12:22 p.m.

The meeting was reconvened at 1:32 p.m.

Chairman Denton moved to agenda item G, Discussion and possible action on proposed adoption of amendments at 16 Texas Administrative Code (TAC), Chapter 73, §73.100, regarding adoption of the 2011 edition of the National Electrical Code in the electricians program. Ravi Shah, seconded by LuAnn Morgan, moved to approve the rules with an effective date of September 1, 2011. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Discussion and possible action to approve the penalty matrices for the Industrialized Housing and Buildings program to be included in TDLR’s enforcement plan. Ravi Shah, seconded by Lilian Norman-Keeney, moved to approve the matrices as presented with an effective date of September 1, 2011. The motion was passed by unanimous vote.

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

The meeting was recessed at 2:44 p.m.

The meeting was reconvened at 2:58 p.m.

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

Weather Modification Advisory Committee – New appointment: Alan R. Zeman (term expires 1/13/2013).

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

Chairman Denton moved to agenda item N. Discussion of date, time and location of future Commission meeting. The date will be determined at a later time for the latter part of August.

Chairman Denton moved to agenda item O, Adjournment. The meeting was adjourned at 3:30 p.m.

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

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