Texas Commission Of Licensing and Regulation Meeting of August 9, 2010

Meeting of August 9, 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 9:03 a.m., Monday, August 9, 2010. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners 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; Wendy Pellow, Assistant General Counsel; Steve Bruno, Public Affairs Officer; George Ferrie, Director of Compliance; Sharon Homoya, Personnel Attorney; Christina Kaiser, Director of Enforcement; Randy Nesbitt, Public Affairs Project Coordinator; Susan Stanford, Public Information Officer; and Kay Mahan, Executive Assistant.

Fred Moses, seconded by LuAnn Morgan, moved to approve the minutes of the meeting of July 19, 2010. The motion was passed by unanimous vote.

Mike Arismendez, seconded by Fred Moses, moved to excuse the absence of Commissioner Lewis Benavides. 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 ACR2010001948L/452-10-2217.ACR, TDLR v. Delbert D. Jones. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number BAR2010006142L/452-10-4601.BAR, TDLR v. Oscar Dean. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2009012401L/452-10-1268.ELC, TDLR v. Cody Shane Rackler. Mike Arismendez, seconded by Fred Moses, moved to deny the Proposal for Decision and offer a suspended sentence of one year. The motion was passed with Frank Denton voting in dissent.

Docket Number ELC2010005075L/452-10-3391.ELC, TDLR v. Douglas E. Cleveland. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2010003084L/452-10-3390.ELC, TDLR v. Heath L. Harvey. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. 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 ACR2009003506C/452-10-1659.ACR, TDLR v. Gordon C. Shaw d/b/a The Maintenance Doctor; ACR2010003198L/452-10-3639.ACR, TDLR v. Steven Scott Barry; and, BAR2008008287D/452-10-1275.BAR, TDLR v. Nathaniel Person. Mike Arismendez, seconded by Fred Moses, 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 the proposed Default Orders is as follows:

Docket Numbers ACR2008004207C, TDLR v. Jacob Carranza; ACR2009002573C, TDLR v. Rudy Sanchez d/b/a Rudy Sanchez Heating & Air Conditioning; ACR2009003027C, TDLR v. Gregory Gomez d/b/a Gregg’s Service Company; ACR2009003273C, TDLR v. Gregory Gomez d/b/a Gregg’s Service Company; ACR2009008402C, TDLR v. Gregory Gomez d/b/a Gregg’s Service Company; ACR2009009867C, TDLR v. Sergio Gonzales d/b/a J.M.N. Energy Experts; ACR2009010107I, TDLR v. James K. Mestauskas; ACR2009013040C, TDLR v. Roy Perales; ACR2009013272I, TDLR v. Gary Pagitt d/b/a Pagitt Air Conditioning; ACR2010000888S, TDLR v. Dennis Raynard Lucas d/b/a Fantastic Work & Service; BAR2009004686D, TDLR v. George Bradford; BAR2009005297D, TDLR v. Renee Daniels C & R’S Uptown Hair Pros; BAR2009005690D, TDLR v. Joel Jefferson; BAR2009011618D, TDLR v. Obie Ridley; BAR2009012300D, TDLR v. Derrick Goodman d/b/a Goodman Touch of Class; BAR2010001955D, TDLR v. Wilbert Earl Lovell; BAR2010003327D, TDLR v. Derren Head; BAR2010003972D, TDLR v. Bettie B. Moore d/b/a Virunde Salon; BAR2010004162D, TDLR v. Aric Traun Barnett d/b/a Southwest Finest Barber Shop; BAR2010005232C & BAR2010008257D, TDLR v. Ray Lee Davis and George Kelvin Borders d/b/a Rayzor Sharp Barber Shop; BAR2010005511D, TDLR v. Sharlotte Johnson d/b/a Studio 4701 Hair Salon; BAR2010005949D, TDLR v. Rodney Barrett; BAR2010007291D, TDLR v. Tony J. Roy d/b/a Players of Houston; BAR2010007293D, TDLR v. Wesley O’Neal Gabriel; BAR2010008064D, TDLR v. Carolyn Louise Brown (Hill) d/b/a Obsession’s By Carolyn; BOX2009012904D, TDLR v. David Landry d/b/a Mixed Martial Art Syndicate; BOX2009013168C, TDLR v. David Landry d/b/a Mixed Martial Art Syndicate; BOX2010000503C, TDLR v. David Landry d/b/a Mixed Martial Art Syndicate; BOX2010001869C, TDLR v. David Landry d/b/a Mixed Martial Art Syndicate; COS2008001224D, TDLR v. Latasha Deanna Smith; COS2008006861D, TDLR v. Maricela and Domingo Lopez d/b/a Millian Family Irrevocable Trust/Vanguard Inst.; COS2008008140C & COS2009004460D, TDLR v. Nuvani Investment Inc. d/b/a Nuvani Institute; COS2009001550D, TDLR v. Van T. Nguyen d/b/a Time Nails; COS2009002488C, TDLR v. Cao Van Nguyen d/b/a KC Nails; COS2009003326D, TDLR v. Nga Thi Nguyen; COS2009004467D, TDLR v. Iris Delfierro; COS2009004468D, TDLR v. Tashannon Kennesha Troupe d/b/a Kennesh Hair Studio; COS2009004478D, TDLR v. Khanh Kim Vu; COS2009004633D, TDLR v. Marilyn Murdock and Lazetta Kay Manus d/b/a Monique International Hair Salon; COS2009005518C, TDLR v. Thao Ha d/b/a Nails T. Tek; COS2009006610D, TDLR v. Ai Thi Nguyen; COS2009009358D, TDLR v. Jenissa Inc. d/b/a Jenissa Beauty Academy; COS2009009770D, TDLR v. Melissa Ann Martinez; COS2009010790D, TDLR v. Maria Magdalena Soliz d/b/a Melly’s Beauty Salon; COS2009011619D, TDLR v. Huy Vu d/b/a Angel Nails; COS2009012061D, TDLR v. Deanna Daily; COS2009012062D, TDLR v. Erin Nicole Lambright; COS2009012063D, TDLR v. Lindsey Jasmine Sessions; COS2009012064D, TDLR v. Brandi Lynn Bowker; COS2009012066D, TDLR v. Michelle Hughes; COS2009012163D, TDLR v. Joe G. Hernandez, Jr. d/b/a Signature Hair Studio; COS2009012192D, TDLR v. Lyudmila Lara; COS2009012432D, TDLR v. Sam Cathey; COS2010001274D, TDLR v. Elizabeth Molina; COS2010002445C, TDLR v. Yen Nguyen d/b/a Pretty Nails; COS2010003588D, TDLR v. Tuyet Do d/b/a Milan’s Beauty Salon; COS2010003762D, TDLR v. Diana Lynn Allin d/b/a Sassy Scissors; COS2010004049D, TDLR v. Mong Nguyen d/b/a Top Ten Nails; COS2010004091D, TDLR v. Dao Thi Tran d/b/a Da Vi Nails; COS2010004105D, TDLR v. Mindy Rachelle Golden; COS2010004148D, TDLR v. Charbonet Mosely; COS2010005151D, TDLR v. Diane Elizabeth Galbraith; COS2010005403D, TDLR v. Dior Kebe d/b/a Braids R Us; COS2010005550D, TDLR v. Mike Lee Jones; COS2010005738D, TDLR v. Eunice Mwango Omai d/b/a Kevin’s Hair and Barber Shop; COS2010005818D, TDLR v. Thi Yen Nguyen; COS2010005832D, TDLR v. Hong My Thi Chau d/b/a Nails Today I; COS2010005929C, TDLR v. Marcelo Meza; COS2010006608D, TDLR v. Thu Le Nguyen d/b/a Da-Vi Nails #45; COS2010007174D, TDLR v. Suzette Navarro; COS2010007180D, TDLR v. Guadalupe Castillo; COS2010007278D, TDLR v. Dinh Huynh d/b/a Day Nail & Spa; COS2010007328D, TDLR v. Carlos A. Pena d/b/a Salon De Bellesa Y Unas; COS2010007364D, TDLR v. Gladys Cordero; COS2010007376D, TDLR v. Liliana Fernandez d/b/a Bella Studio; COS2010007425D, TDLR v. Gloria H. Chapa d/b/a GG’s Nail Creations; COS2010008038D, TDLR v. Biogime International Inc. d/b/a Biogime Salon; COS2010008039D, TDLR v. Kara Leeanne Chapin; COS2010008053D, TDLR v. Cynthia Denise Reyna d/b/a Prestige Beauty Salon; COS2010008062D, TDLR v. Carolyn Hill d/b/a Obessions’ By Carolyn; COS2010008063D, TDLR v. Quinshana Nicole Tate; COS2010008078D & COS2010008079D, TDLR v. Jennifer Bonner, Carissa Judalet d/b/a Creative Images; ELC2008004208C, TDLR v. Jacob Carranza; ELC2009002660C, TDLR v. Eddie Ray Middleton d/b/a E & R Construction; ELC2009002695C, TDLR v. Eberto Mendez; ELC2009009483C, TDLR v. Martin Resendiz d/b/a Best Team Of Repair; ELC2009009966D, TDLR v. Guadalupe Cruz; ELC2009010332C, TDLR v. Christopher Pardo; ELC2009011774C, TDLR v. Judson C. Miller; ELC2010000612M, TDLR v. Roel Briones d/b/a Briones Electrical Services; ELC2010000890S, TDLR v. Clarence Johnson d/b/a Johnson Painting; ELC2010000900S, TDLR v. Jonathon George; ELC2010000903S, TDLR v. Raymond N. Keeney; ELC2010000906S, TDLR v. Gary Frith d/b/a Houston Handyman, Inc.; ELC2010000916S, TDLR v. David Alar; ELC2010000936S, TDLR v. Sebastian (Santiago) Martinez d/b/a Honey Home Repairs; ELC2010000938S, TDLR v. Arturo Sanchez; ELC2010000990C, TDLR v. Ricky Munoz d/b/a Hollywood Electric; ELC2010001834S, TDLR v. Dennis Raynard Lucas d/b/a Fantastic Work & Service; ELC2010002398S, TDLR v. Guadalupe Timothy Cordova d/b/a Cordova Construction; ELC2010002405S, TDLR v. Howard Law; ELC2010003958C, TDLR v. Ronald G. Childers d/b/a Mr. Generator of Texas LLC; ELC2010004903L, TDLR v. Shawn P. Lee; ELE2009006578D, TDLR v. SHR Luxury Condominium Association, Inc.; TAL2009010799C, TAL2009010987C, TAL2009011181C & TAL2010000802C, TDLR v. Bajsel Agency LLC d/b/a Tomas Agency; TOW2008008147C, TDLR v. Josefina Garza d/b/a L-J’S Wrecker Service d/b/a Lionel Garza; TOW2009002465D, TDLR v. Darrell G. Loftus Sr.; TOW2009004500C, TDLR v. Clint Cagle d/b/a CJ’S Towing & Recovery and Cagle Towing; TOW2009004923D, TOW2009007151D, VSF2009004927D & VSF2009007152D, TDLR v. Belmonte & Belmonte LLC d/b/a Master Wrecker Service and Master Auto Body & Paint; TOW2009007155D, TDLR v. Imelda Vilar d/b/a Vilar Auto Body & Glass; TOW2009011430C & TOW2010003552D, TDLR v. McCabe Enterprises d/b/a Just Tows; TOW2009013067C, TDLR v. Chad Kuykendall d/b/a Chad’s Auto Recovery; TOW2010004790D, TDLR v. Ronnie Smith Sr.; TOW2010007065C, TDLR v. John L. Klovenski; VSF2008008388C, TDLR v. Isidro Araiza d/b/a 77 Towing and Auto Repair; VSF2008010074D, TDLR v. Robertson Wrecker Service; VSF2009001603C, TDLR v. John Jay Justice d/b/a J&J Adjusters; VSF2009006278C, TDLR v. Charles Merchant d/b/a Southside Auto Storage; VSF2010004285C, TDLR v. Christopher Davis; and WWD2009013512C, TDLR v. Patrick Craig Stebbins d/b/a Comal Waterwell Service. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Default Orders as presented. The motion was passed by unanimous vote.

The meeting was recessed at 10:15 a.m.

The meeting was reconvened at 10:30 a.m.

Docket Numbers ACR2007005006C, TDLR v. Francisco Hernandez d/b/a Y&M Air Conditioning; ACR2009006902C, ACR2009009960I, ACR2009010376C & ACR2009013131C, TDLR v. Jerry Carpenter; ACR2010004831D, TDLR v. Marion Ware d/b/a Ware’s Independent Central A/C Repair; BAR2009008485D, TDLR v. Rhubin Tyrone Waites; BAR2010004108D, TDLR v. Monica and Isabel Hernandez d/b/a Isabel’s Beauty Salon; BAR2010005056D, TDLR v. Bert Hernandez d/b/a University Barber Shop; BAR2010005377D, TDLR v. Cynthia Harper; BAR2010006164C, TDLR v. Superior Barber Shop LLC d/b/a Superior Styles Barber Shop; BAR2010006401D, TDLR v. Brandon Lawson; COS2010003219D, TDLR v. Cindy Treadway d/b/a Start 2 Finish; COS2010003860D, TDLR v. Robert Smith d/b/a Brook St. Wellness Spa; COS2010004190D, TDLR v. Billie Jo Wilson; COS2010004455D, TDLR v. Esther Salazar d/b/a Esther’s Beauty Salon; COS2010005174D, TDLR v. Binh Thi Tran d/b/a Michele’s Nails; COS2010005965D, TDLR v. Anthony The Pham d/b/a Q Nails & Hair; COS2010007125D, TDLR v. Irene A. Perry d/b/a Crimson Hair & Skin; COS2010007288D, TDLR v. Phuong Thao Tran d/b/a Nail & Skin; COS2010007374D, TDLR v. Magen Janiece Sinyard; COS2010008036D, TDLR v. Gema Ramirez d/b/a Vista Cuts; EAB2009005092C, TDLR v. Christopher Muschalek; EAB2009007529D, TDLR v. Lake Travis 620 Properties, LP; ELC2009005213C, TDLR v. Randy W. Maxwell; ELC2009008788C, TDLR v. Tony Verver d/b/a Tony Verver Electric; ELC2009009677D, TDLR v. John Fortunato d/b/a Sign Lounge; ELC2010000291C, TDLR v. Jose Angel Hernandez d/b/a Hernandez Electrical Company; ELC2010000352C, TDLR v. Jimmy Sykora; ELC2010000897S, TDLR v. Ryan Daniel Sosebee d/b/a Sosebee Residential Services; ELC2010002396S, TDLR v. Eddie Cantu d/b/a Oasis Residential and Commercial Services; ELC2010002400S, TDLR v. Kendrick W. Jackson d/b/a 360 Degrees Remodeling and Cleaning; TOW2009004605C, TDLR v. Valorie Graves d/b/a Premium Management & Towing; TOW2009005342D, TDLR v. Gilberto Galan; TOW2010000985C, TDLR v. Yava Corporation d/b/a Galaxy Collision Repair; and TOW2010001803D, TDLR v. Cesar Duarte Canas. The Commission took no action on these cases.

Chairman Denton moved to agenda item F, Discussion and possible action on proposed adoption of amendments at 16 Texas Administrative Code, Chapter 85, §85.710 and §85.1003 regarding clarifying which documents vehicle storage facilities are required to accept and make available for the release of vehicles towed and stored at the facility. Fred Moses, seconded by Mike Arismendez, moved to approve the rules as recommended with an effective date of September 1, 2010. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item G, Discussion and possible action on proposed adoption of a new rule at 16 Texas Administrative Code, Chapter 86, §86.455 and the proposed adoption of amendments to existing rule §86.500 regarding the maximum amount that may be charged in connection with private property tows. Public comments were heard from: Joe Guerrero with Roadside Recovery Specialist, James Fuller with Fuller’s Towing and Recovery Service, Jess Horton with Southwest Tow Operators, Dan Messina with Southwest Auto Tow, and Joann Messina with Southwest Auto Tow.

Chairman Denton moved to agenda item J, Executive Session at 11:50 a.m.

The meeting was reconvened at 1:16 p.m.

There was no action taken on the Executive Session.

Chairman Denton continued with agenda item G, and further public comments were heard from: Amy Milstead with Milstead Automotive, John DeLoach with Bexar Towing, Pat Johnson with Texas Towing Compliance, Jeanette Rash with Texas Towing & Storage Association, Greg Arens with Aren’s Services & Texas Towing & Storage Association, J. Austin with A-A Arlington Towing, Rick Merritt with A-A Arlington Towing, and Mark Hull, General Counsel for Southwest Tow Operators.

The meeting was recessed at 2:25 p.m.

The meeting was reconvened at 2:40 p.m.

Chairman Denton continued with agenda item G, Discussion and possible action on proposed adoption of a new rule at 16 Texas Administrative Code, Chapter 86, §86.455 and the proposed adoption of amendments to existing rule §86.500 regarding the maximum amount that may be charged in connection with private property tows. Mike Arismendez, seconded by Fred Moses moved to require tow truck drivers to accept cash, debit cards, credit cards and checks (electronic) as payment for drop fees. The motion was passed with LuAnn Morgan voting in dissent. Mike Arismendez, seconded by Fred Moses, moved to reconsider the previous motion. The motion was passed by unanimous vote. Mike Arismendez, seconded by Fred Moses, moved to require notification of the drop fee and accept as forms of payment for drop fees, cash, debit cards or credit cards. The motion was passed with LuAnn Morgan voting in dissent. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to set the caps for towing fees at $250 for light duty, $350 for medium duty, and $450 for heavy duty, per unit, with a maximum of $900. The motion was passed with Fred Moses voting in dissent. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to set the cap for drop fees at 50% of the cap for light duty, medium duty and heavy duty tow fees. The motion was passed by unanimous vote.

The meeting was recessed at 3:25 p.m.

The meeting was reconvened at 3:35 p.m.

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

Docket Number TOW2010000876C, TDLR v. Ira Helton. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to grant the rehearing. The motion was passed by unanimous vote.

Docket Number COS2009012211D, TDLR v. David Parsons. Mike Arismendez, seconded by LuAnn Morgan, moved to grant the rehearing. The motion was passed with Frank Denton voting in dissent.

Docket Number ACR2009006176I, TDLR v. Jason D. Bailey d/b/a Lone Star Air Conditioning & Heating. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to grant the rehearing. The motion was passed by unanimous vote.

Docket Number COS2009010073D, TDLR v. Teresa Valdemar Dunford. Mike Arismendez, seconded by LuAnn Morgan, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket Number COS2009011699D, TDLR v. Ultimate Lake Corp. Inc. d/b/a Beyond Images Day Spa Salon. Mike Arismendez, seconded by LuAnn Morgan, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket Number COS2010004019D, TDLR v. Tracy Rochel Young. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket Number COS2010005022D, TDLR v. Jiobahn Deniese Bush. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket Number EAB2009008883D, TDLR v. Hockley Investment LP. Mike Arismendez, seconded by LuAnn Morgan, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket Number ELC2010000430L/452-10-1848.ELC, TDLR v. Bernard Kennedy. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket Number VSF2009005648C, TDLR v. City Vehicle Storage Inc. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket Number TOW2009007596D, TDLR v. Cardenas Autoplex Inc. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket Number VSF2008005230C/452-10-1443.VSF, TDLR v. Westside Wrecker Service d/b/a Northside Storage Lot. The Commission took no action on this case.

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

Chairman Denton moved to agenda item M, Adjournment. The meeting was adjourned at 4:05 p.m.

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

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