Texas Commission Of Licensing and Regulation Meeting of July 23, 2009

Meeting of July 23, 2009
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 1:03 p.m., Thursday, July 23, 2009. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners Lewis Benavides, LuAnn Morgan, Fred Moses 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; Dianne Casey, Assistant Deputy Executive Director; Brad Bowman, General Counsel; Charles Johnson, Assistant General Counsel; Lynn Latombe, Assistant General Counsel; Pamela Legate, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Sharon Homoya, Personnel Attorney; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

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

Mike Arismendez, seconded by Lilian Norman-Keeney, moved to approve the minutes of the meeting of May 19, 2009. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item C, Public Comment. Comments were heard from: Bill Marmion regarding the Air Conditioning Program and unlicensed activity; and Pat Johnson regarding the Towing program.

Chairman Denton moved to agenda item D1, Contested Cases. The final action on each Proposal for Decision is as follows:

Docket Number ACR2008006697L/452-09-1340.ACR, TDLR v. Michael D. Penney. Fred Moses, seconded by Lewis Benavides, moved to accept the Proposal for Decision with corrections noted by General Counsel. The motion was passed with Frank Denton and Lilian Norman-Keeney voting in dissent.

Docket Number ACR2008008138L/452-09-2331.ACR, TDLR v. Dale Allen Moore. LuAnn Morgan, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number AUC2008007531D/452-09-2950.AUC, TDLR v. Joyce Stanley. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision and include a penalty of $500. The motion failed with Lewis Benavides, LuAnn Morgan and Fred Moses voting in favor, and Mike Arismendez, Frank Denton and Lilian Norman-Keeney voting in dissent. Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented including a $1,000 penalty. The motion was passed with Mike Arismendez and Lewis Benavides voting in dissent.

Docket Number AUC2009001395L/452-09-2026.AUC, TDLR v. Tommie Lee McDonald. Fred Moses, seconded by LuAnn Morgan, moved to suspend the license for 5 years with full probation; and include the condition that Respondent must continue to comply with Department laws and rules. The motion was passed with Frank Denton voting in dissent.

Docket Numbers BAR2008000600D & BAR2008000606D/452-09-1079.BAR, TDLR v. Marcus Williams. Mike Arismendez, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number BAR2008002737D/452-08-2615.BAR, TDLR v. Chau Tran d/b/a Ritz Nail and Tan. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to accept the Proposal for Decision with corrections noted by General Counsel. The motion was passed by unanimous vote.

Docket Numbers COS2007005549C/452-09-3739.COS & COS2007005550C/452-09-3477.COS, TDLR v. Rang Phu Huynh and Thuy Thanh Vo aka Thanh-Thuy Thi Vo. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision and include a $5,000 penalty per violation for a total of $10,000. The motion was passed by unanimous vote.

Docket Number COS2008005613C/452-09-2221.COS, TDLR v. Sang Van Nguyen d/b/a Da Vi Nails. The Commission continued this case.

Docket Number COS2008008470D/452-09-1076.COS, TDLR v. Thanh Thuy T. Lu. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2009003129D/452-09-2227.COS, TDLR v. Paulina Thuy Tuong Nguyen d/b/a N’ Nails. Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2008006783L/452-09-2012.ELC, TDLR v. Isaac Caballero. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2008008077L/452-09-2329.ELC, TDLR v. Daniel Armadillo, Sr. Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2008008455L/452-09-2332.ELC, TDLR v. Richard Hood. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the Proposal for Decision and deny the license. The motion was passed by unanimous vote.

Docket Number ELC2008009914L/452-09-1836.ELC, TDLR v. Danny Shaffer. Lilian Norman-Keeney, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

The meeting was recessed at 2:35 p.m.

The meeting was reconvened at 2:47 p.m.

Docket Number TOW2008008616C/452-09-1272.TOW, TDLR v. Archer Transport and Towing. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision and include a penalty of $2,000. The motion was passed with Fred Moses voting in dissent.

Docket Number TOW2008010239L/452-09-2223.TOW, TDLR v. Ricky Evans. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the Proposal for Decision. The motion was passed with LuAnn Morgan and Fred Moses voting in dissent.

Docket Number TOW2009000568L/452-09-1232.TOW, TDLR v. James C. Thompson. Mike Arismendez, seconded by Lewis Benavides, moved to deny the Proposal for Decision. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item D2, Contested Cases – Defaults. The final action on each Proposal for Decision is as follows:

Docket Numbers ELC2008008171L/452-09-2330.ELC, TDLR v. Alfred P. Aldaco; BAR2008000365D & COS2008000368D/452-08-4289.COS, TDLR v. Gwendolyn Morris d/b/a Quality Hair Cuts; and 601-07-2281, TDLR v. Valorie Graves d/b/a Premium Management and Towing. LuAnn Morgan, seconded by Mike Arismendez, moved to accept the Proposals for Decision as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item D3, Uncontested Cases/Default Cases heard before the TDLR. The final action on each proposed Default Order is as follows:

Docket Numbers ACR2007002284I, TDLR v. Bradley W. Jones d/b/a Texas Air; ACR2007002655C, TDLR v. Danny De La Riva d/b/a El Paso Homebuilders; ACR2008006718C, TDLR v. Greg Owen Taylor d/b/a Taylor Services; ACR2008007600S, TDLR v. Jonathan Walsh d/b/a Anytime Air; ACR2009003568S, TDLR v. Carlos Alberto Barajas d/b/a Barajas Service Contractors; ACR2009003580S, TDLR v. Jerry John Carpenter; ACR2009005860C, TDLR v. Daniel White d/b/a White Mechanical; BAR2007006639D, TDLR v. Derrick Lamont Thomas; BAR2008001065D, TDLR v. Connie Kirk; BAR2008004536D, TDLR v. Edwin S. Steward d/b/a Sid’s Clip Joint #1; BAR2008007730D, TDLR v. Jerome C. Cooper; BAR2008007974D, TDLR v. Reynaldo Casas d/b/a Casas Barber Shop; BAR2008008898D, TDLR v. John Valsin; BAR2009002022D, TDLR v. Vernon Kirk d/b/a Marksman Barber Shop; BAR2009003082D, TDLR v. Robert Diaz; BAR2009003281D, TDLR v. Geuka A. Griggs d/b/a Griggs One Barber Shop; BLR2008006044D, TDLR v. Americlean Dry Cleaners; BOX2008000599D, TDLR v. Joe Hand Promotions, Inc.; COS2007002219D, TDLR v. Yue Ying Huang; COS2007002257D, TDLR v. Thuy To Nguyen; COS2008004529D, TDLR v. Lea Nguenkam and Valerie Tchouya d/b/a Beauty of Braids; COS2008004932D, TDLR v. Margaret Shepard d/b/a Image Maker Salon; COS2008005215D & COS2008005216D, TDLR v. Huy Minh Dang d/b/a New Attitude Salon/Spa; COS2008005537D, TDLR v. Tammie Chism d/b/a Nvision Salon; COS2008007374D, TDLR v. Jenni A. Wilson d/b/a Xtremities; COS2009000383D, TDLR v. Graciela Valencia d/b/a Hair Crafters; COS2009000675D & COS2009003280C, TDLR v. Tho Mai d/b/a Best Cool Nails Tan; COS2009000839D, TDLR v. Yolanda Woods d/b/a Back Stage Hair Design; COS2009000975D, TDLR v. Amanda Dann Vega d/b/a Serendipity Salon; COS2009001892C, TDLR v. James A. Draper d/b/a Lisa’s Hair Design; COS2009001939D, TDLR v. Huoi Kim Tran; COS2009002487D, TDLR v. Anna Maria Vidaurri d/b/a PND’s Hair Design; COS2009003334D, TDLR v. Junethara Steverson d/b/a Your Style Hair Salon; COS2009005862D, TDLR v. Dang Hoa Pham d/b/a Star Nails; EAB2007004996D, TDLR v. Gentry Funeral Home; EAB2009000861D, TDLR v. Inland Western Humble HMLD WD LP; ELC2007003688C, TDLR v. Aaron R. Gustavus d/b/a Gustavus Electric; ELC2008005670C, TDLR v. James Lomely d/b/a J&L Electric; ELC2008007655S, TDLR v. Ben Mamo; ELC2009003561S, TDLR v. John J. Dillard d/b/a AA-Z Repairs & Services; ELC2009003564S, TDLR v. Keith Brown d/b/a K.B. Electric; ELC2009004106S, TDLR v. Shayne Inglis d/b/a Shayne Inglis Electric; ELC2009004581L, TDLR v. Richard C. Galindo; ELC2009004867D, TDLR v. Bonifacio Salinas; ELC2009005794D, TDLR v. Carlos Quijano, Jr.; ELC2009006695L, TDLR v. John M. Andrews; TAL2008006996D, TDLR v. Tony Matt d/b/a T Zero Productions; TOW2008006523C, TDLR v. Randy Furra d/b/a Randy’s Wrecker Service; TOW2008009438C, TDLR v. Jesse Ballou d/b/a Ballou’s Wrecker Service; TOW2009000996C, TDLR v. Wes Studdard d/b/a Bluebonnet Collision Center of San Marcos; TOW2009002376D, TDLR v. Jason Burke d/b/a JB’s Wrecker Service; TOW2009002377D, TDLR v. Shane Bernhardt d/b/a Shane’s Wrecker Service; TOW2009002462D, TDLR v. John E. Ortiz; TOW2009004971C, TDLR v. Larry Baker d/b/a JD’s Towing; VSF2008006529C, TDLR v. Randy Furra; VSF2008007995C, VSF2008009516C, VSF2008009055C, VSF2008007407C, VSF2008009123C & VSF2009000919C, TDLR v. Issa Aljirbi d/b/a West Houston Auto Storage; VSF2008009427C, TDLR v. Jesse Ballou d/b/a Ballou’s Wrecker Service; and WWD2008003668D, TDLR v. Henry Meyer. LuAnn Morgan, seconded by Mike Arismendez, moved to accept the default orders as presented. The motion was passed by unanimous vote.

Docket Numbers ACR2008009607C, TDLR v. Chris Woelfel d/b/a Al Apache Appliance & Air Conditioning; ACR2009002520C, TDLR v. Mickey Harkrider d/b/a Harkrider Construction; BAR2008008243D, TDLR v. Terdic Allain Gibson; COS2008005775D, TDLR v. Ricardo Garcia d/b/a Richard’s Hairstyling; COS2008005894D, TDLR v. Kevin Le d/b/a L.A. Nails; COS2008006185D, TDLR v. David Nguyen d/b/a Hola Nails; COS2008006711D, TDLR v. Huy Vu d/b/a Angel Nails; COS2008007335D, TDLR v. Felice S. Partida; COS2008009410C, TDLR v. Anh Ngan Thi Vo d/b/a Le Nails #2; COS2008009651D, TDLR v. Norma Molina Segura; COS2008009967D, TDLR v. Clinton Woods d/b/a Salon Enterprise; COS2008009969D, TDLR v. Clinton Woods d/b/a Salon Enterprise; COS2008009975D, TDLR v. Leticia Villarreal d/b/a Vanguard Institute Technology; COS2008009997C, TDLR v. Samuel Trinh d/b/a Oasis Day Spa and Nails #4; COS2009001449D, TDLR v. Duong Truong d/b/a Taylor’s Nails and Tan; COS2009002398D, TDLR v. Elva Elizonda d/b/a Essence Skin & Body Care; COS2009003025D, TDLR v. Anita M. Cabello d/b/a Cabello’s Hair; COS2009003937C, TDLR v. Manh Van Nguyen d/b/a Signature Nail Salon; ELC2008001908C, TDLR v. Bobby J. Losolla; ELC2008005964C, TDLR v. Samuel A. Cook d/b/a S&W Lighting & Service; ELC2008007649S, TDLR v. Hakimee Kalolwala d/b/a Hakimee Signs; ELC2009002672L, TDLR v. James F. Naquin; ELE2008005350D, TDLR v. Brazos Lofts Condominium Association, Inc.; TOW2008007454C, TDLR v. Musa Alqadi d/b/a Discount Towing; TOW2008010078D, TDLR v. Ronald Poore d/b/a Ron’s Towing; TOW2009001375C, TDLR v. Brett Shell d/b/a West Houston Motors; TOW2009003387C, TDLR v. Mega Interests Towing, LTD d/b/a Jet Wrecker Service; VSF2008006320C, TDLR v. Maher Bakr d/b/a Tidwell Storage Lot; and VSF2008007708C, TDLR v. Lance Nicastro d/b/a Texas Wrecker Storage. The Commission took no action on these cases.

The meeting was recessed at 4:10 p.m.

The meeting was reconvened at 4:23 p.m.

Chairman Denton moved to agenda item E, Consideration and possible action on a Motion for Rehearing filed by Ruby Allen, Docket No. COS2008010008D (Texas Department of Licensing and Regulation v. Ruby Allen d/b/a Phase III). LuAnn Morgan, seconded by Fred Moses, moved to grant the Motion for Rehearing. The motion was passed with Mike Arismendez voting in dissent.

Chairman Denton moved to agenda item F, Consideration and possible action on a Motion for Rehearing filed by Cheri N. Gifford, Docket No. COS2008009118D (Texas Department of Licensing and Regulation v. Cheri N. Gifford d/b/a Salon Cheri). Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to grant the Motion for Rehearing. The motion was passed with Mike Arismendez and Frank Denton voting in dissent.

Chairman Denton moved to agenda item G, Consideration and possible action on a Motion for Rehearing filed by James Hartley, Docket No. BAR2007005930C (Texas Department of Licensing and Regulation v. James Hartley d/b/a Cut Doctor’s of Katy). Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the Motion for Rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Consideration and possible action on a Motion for Rehearing filed by Ginger Montgomery, Docket No. COS2009001582D (Texas Department of Licensing and Regulation v. Ginger Montgomery d/b/a Salon Salon). Fred Moses, seconded by LuAnn Morgan, moved to grant the Motion for Rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Consideration and possible action on a Motion for Rehearing filed by Travis Hazlewood, Docket No. WWD2008001795C (Texas Department of Licensing and Regulation v. Travis Hazlewood d/b/a Sweet Water Well Service). Lilian Norman-Keeney, seconded by Mike Arismendez, moved to deny the Motion for Rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to item M, Executive Session at 5:00 p.m.

The meeting reconvened at 6:35 p.m.

Chairman Denton moved to agenda item N, Action on items discussed in Executive Session. Lewis Benavides, seconded by LuAnn Morgan, moved to set the Executive Director’s salary at $135,000 annually. The motion was passed by unanimous vote.

The meeting was recessed at 6:36 p.m.

Frank Denton, Chairman
Texas Commission of Licensing and Regulation

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