Texas Commission Of Licensing and Regulation Meeting of August 23, 2011

Meeting of August 23, 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 9:00 a.m., Tuesday, August 23, 2011. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners LuAnn Morgan, Fred Moses, Lilian Norman-Keeney, and Deborah Yurco. 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; Pam Legate, Assistant General Counsel; Della Lindquist, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Jerry Daniels, Director of Financial Services; Don Dudley, Director of Education & Examination; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; Dede McEachern, Director of Licensing; Gene Mays, Director of Customer Service; Simon Skedd, Director of Network Services; and Kay Mahan, Executive Assistant.

Deborah Yurco, seconded by Mike Arismendez, moved to approve the minutes of the meeting of July 11, 2011. The motion was passed by unanimous vote.

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

Chairman Denton moved to agenda item C, Public Comment. A public comment was heard from Pat Johnson with Texas Towing Compliance.

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

Docket Numbers COS2011004934L & COS2011004932L/452-11-3691.COS, TDLR v. Phuoc Thi Cam Tran. Mike Arismendez, seconded by Deborah Yurco, moved to amend the Proposal for Decision and revoke the licenses. The motion was passed by unanimous vote.

Docket Number ACR2011004644L/452-11-3578.ACR, TDLR v. Ronald Watkins. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed with Frank Denton and Lilian Norman-Keeney voting in dissent.

Docket Number TOW2010009285L/452-11-1506.TOW, TDLR v. Scott M. Drury. Deborah Yurco, seconded by Lilian Norman-Keeney, moved to reject the Proposal for Decision and deny the license. The motion was passed by unanimous vote.

The meeting was recessed at 9:55 a.m.

The meeting was reconvened at 10:05 a.m.

Docket Number COS2011006784D/452-11-4267.COS, TDLR v. Laura Medina. Deborah Yurco, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2010009556C/452-11-3536.COS, TDLR v. Lisa Amosu. Mike Arismendez, seconded by Fred Moses, moved to reject the Proposal for Decision and dismiss the case. The motion was passed by unanimous vote.

Docket Number BAR2011005127D/452-11-4952.BAR, TDLR v. Mary A. Larson. 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 ACR2009012302C/452-10-5879.ACR, TDLR v. Khosrow Kevin Mohammadian. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed with Mike Arismendez and LuAnn Morgan voting in dissent.

Docket Number ACR2010006368I/452-10-5406.ACR, TDLR v. Kim Y. Hamjong. 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 ACR2010010392C/452-11-3244.ACR, TDLR v. Larry Westbury. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ACR2010003435C/452-11-1511.ACR, TDLR v. Prince M. Kaikai. 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 COS2010009522D/452-11-1236.COS, TDLR v. Mariam Lah. 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 ELC2011007391L/452-11-5819.ELC, TDLR v. Joshua McCarter. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2011003945L/452-11-4238.ELC, TDLR v. Travis L. Rudd. Mike Arismendez, seconded by Deborah Yurco, moved to reject the Proposal for Decision and revoke the license. The motion was passed by unanimous vote.

The meeting was recessed at 11:20 a.m.

The meeting was reconvened at 11:31 a.m.

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

Docket Number VSF2011002490C/452-11-4150.VSF, TDLR v. Daniel Buentello. Lilian Norman-Keeney, seconded by Fred Moses, moved to remand this case back to Enforcement. The motion was passed by unanimous vote.

Docket Number ACR2010003424C/452-11-2551.ACR, TDLR v. Esmaeil Rowshan. Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to remand this case back to SOAH. The motion was passed with Mike Arismendez voting in dissent.

Docket Number ELC2010010293L/452-11-1759.ELC, TDLR v. David Theuret. Mike Arismendez, seconded by Deborah Yurco, moved to reject the Proposal for Decision and deny the license. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item M, Executive Session at 11:47 a.m.

The meeting was reconvened at 11:51 a.m.

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

Docket Number COS2009006642D/452-11-0901.COS, TDLR v. Phill Tran. Deborah Yurco, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision and include a penalty of $2,000. The motion was passed by unanimous vote.

The meeting was recessed at 11:53 a.m.

The meeting was reconvened at 1:06 p.m.

Chairman Denton returned to agenda item D2, Contested Cases – Defaults. The final action on the Proposals for Decision is as follows:

Docket Numbers ELC2010008704I/452-11-3629.ELC, TDLR v. Linda Thielepape; ELC2010004222M/452-11-5397.ELC, TDLR v. Casey Gillit; TOW2010011905D/452-11-5332.TOW, TDLR v. Maria Viatoro; ELC2010003021S/452-11-4287.ELC, TDLR v. Shawn L. Haley; ELC2010006258I/452-11-4288.ELC, TDLR v. Brian Bender; VSF2010004318C/452-11-1361.VSF, TDLR v. Mohd Abuhamra; and COS2010009091D/452-11-3621.COS, TDLR v. Hong T. Le. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposals for Decision as presented. 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 Numbers ACR2007003811M & ACR2007003606C, TDLR v. Hooshang Rahnemaie d/b/a Golden A/C and Heat. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number BAR2011000091D, TDLR v. Anedra Sheppard d/b/a Luxury Cutz. Fred Moses, seconded by Deborah Yurco, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010007647D, TDLR v. Carmen Sanchez d/b/a Carmen’s Hair Salon. Fred Moses, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010008611D, TDLR v. Pamela Franks d/b/a Restoration Hair Salon and Spa. Fred Moses, seconded by LuAnn Morgan, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2011001760D, TDLR v. Zhila Golshan. Lilian Norman-Keeney, seconded by Fred Moses, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2011001806D, TDLR v. Emily Ann Young. Fred Moses, seconded by Lilian Norman-Keeney, moved to grant the Rehearing. The motion was passed with Mike Arismendez voting in dissent.

Docket Number COS2011006699D, TDLR v. Lan Hong Tran d/b/a Nails by Sandi. Mike Arismendez, seconded by Fred Moses, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number EAB2011005967D, TDLR v. Hise & Witt Enterprises, L.P. Fred Moses, seconded by Mike Arismendez, moved to grant the Rehearing. The motion was passed with Frank Denton and Deborah Yurco voting in dissent.

Docket Number ELC2010010951L, TDLR v. Hilario Garza. Mike Arismendez, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number TOW2010009626C, TDLR v. Eric Nyamwange. Mike Arismendez, seconded by Deborah Yurco, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Numbers VSF2011001352C, VSF2011006428D & VSF2011006430D, TDLR v. Anthony Tribble, Christina Tribble and Bobby W. Smith d/b/a Brazos Auto Impound and Storage. Fred Moses, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number VSF2011004235D, TDLR v. Jesse James Enterprises LLC d/b/a Natal’s Wrecker Service. Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed by unanimous vote.

The Commission did not take action on item F, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 80, §80.10, 80.20, 80.22 and 80.23 regarding the licensed court interpreter program to implement House Bill 4445, 81st Legislature, Regular Session (2011).

Chairman Denton moved to agenda item G, Discussion and possible action on the proposed repeal of 16 Texas Administrative Code (TAC), Chapter 63, §§63.1, 63,10, 63.20, 63.21, 63.40, 63.70, 63.80-63.82, and 63.90 regarding the personnel employment services program to implement Senate Bill 1168 and House Bill 3167, 82nd Legislature, Regular Session (2011). Mike Arismendez, seconded by LuAnn Morgan, moved to adopt the rule repeal with an effective date of September 15, 2011. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Discussion and possible action on the proposed repeal of 16 Texas Administrative Code (TAC), Chapter 78, §§78.1, 78.10, 78.20, 78.21, 78.30, 78.40, 78.70, 78.72, 78.73, 78.75, 78.80, and 78.90 regarding the talent agencies program to implement House Bill 3167, 82nd Legislature, Regular Session (2011). Mike Arismendez, seconded by Fred Moses, moved to adopt the rule repeal with an effective date of September 15, 2011. The motion was passed by unanimous vote.

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

The meeting was recessed at 3:22 p.m.

The meeting was reconvened at 3:30 p.m.

Chairman Denton continued with agenda item J, Staff Reports. Bill Kuntz and staff gave reports and answered questions from the Commission.

The meeting was recessed at 3:52 p.m.

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

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