Texas Commission Of Licensing and Regulation Meeting of August 27, 2009

Meeting of July 24, 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 9:04 a.m., Thursday, August 27, 2009. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners LuAnn Morgan, 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; Dianne Casey, Assistant Deputy Executive Director; Brad Bowman, General Counsel; Della Lindquist, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Glen Bridge, Director of Information Systems Development; Jerry Daniels, Director Financial Services; Sharon Homoya, Personnel Attorney; Don Dudley, Director of Education & Examination; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; Gene Mays, Director of Customer Service; Dede McEachern, Director of Licensing; Simon Skedd, Director of Network & Systems Maintenance; and Kay Mahan, Executive Assistant.

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

LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to approve the minutes from the July 23 and 24, 2009 meeting. 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 D, Discussion and possible action on the four-year rule review of 16 Texas Administrative Code, Chapter 75, Air Conditioning and Refrigeration, including possible re-adoption of the rules. Mike Arismendez, seconded by LuAnn Morgan, moved to re-adopt the rules. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item E, Discussion and possible action on the four-year rule review of 16 Texas Administrative Code, Chapter 68, Elimination of Architectural Barriers, including possible re-adoption of the rules. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to re-adopt the rules. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item F, Discussion and possible action on the four-year rule review of 16 Texas Administrative Code, Chapter 67, Auctioneers, including possible re-adoption of the rules. Deborah Yurco, seconded by LuAnn Morgan, moved to re-adopt the rules. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item G, Discussion and possible action on the four-year rule review of 16 Texas Administrative Code, Chapter 61, Combative Sports, including possible re-adoption of the rules. LuAnn Morgan, seconded by Mike Arismendez, moved to re-adopt the rules. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Discussion and possible action on the four-year rule review of 16 Texas Administrative Code, Chapter 74, Elevators, Escalators, and Related Equipment, including possible re-adoption of the rules. LuAnn Morgan, seconded by Mike Arismendez, moved to re-adopt the rules. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Discussion and possible action on the four-year rule review of 16 Texas Administrative Code, Chapter 78, Talent Agencies, including possible re-adoption of the rules. Mike Arismendez, seconded by LuAnn Morgan, moved to re-adopt the rules. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Discussion and possible action on the four-year rule review of 16 Texas Administrative Code, Chapter 64, Temporary Common Worker Employers, including possible re-adoption of the rules. Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to re-adopt the rules. The motion was passed by unanimous vote.

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

The meeting was recessed at 10:25 a.m.

The meeting reconvened at 10:45 a.m.

Chairman Denton resumed agenda item K, Staff Reports. Executive Director, Bill Kuntz and staff gave reports and answered questions from the Commission.

The meeting was recessed at 11:59 a.m.

Chairman Denton moved to agenda item M, Executive Session.

The meeting was reconvened at 1:10 p.m.

No action was taken on Executive Session.

Chairman Denton moved to agenda item L, Approval of appointments of members to Advisory Board. Mike Arismendez, seconded by LuAnn Morgan, moved to approve the following appointments. The motion was passed by unanimous vote.

  • Polygraph Advisory Committee – New appointments: William K. “Bill” Teigen, Presiding Officer (term expires 9/1/2013); Larry W. Cosby (term expires 9/01/2015); John Vander Werff (term expires 9/01/2015); and Teddy Lynn Ratcliff (term expires 9/01/2011).

LuAnn Morgan, seconded by Mike Arismendez, moved to approve the following appointments. The motion was passed by unanimous vote.

  • Texas Tax Professional Advisory Committee – New appointments: Shane Docherty, Presiding Officer (term expires 3/01/2013); James E. Childers (term expires 3/01/2015); Dorye Kristeen Roe (term expires 3/01/2011); Ro’Vin Garrett (term expires 3/01/2015); Lee Jaye Rosenberg (term expires 3/01/2011); Thomas Stanley Keeland (term expires 3/01/2013); and Michael Craig McDougal (term expires 3/01/2015).

Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to approve the following appointments. The motion was passed by unanimous vote.

  • Used Automotive Parts Recycling Advisory Board – New appointments: Bruce Ormand, Presiding Officer (term expires 2/01/2015); Chip Collins (term expires 2/01/2013); Byron Ferril (term expires 2/01/2013); Timothy Claude Straney (term expires 2/01/2015) and Tchad Taormina (term expires 2/01/2011).

Chairman Denton moved to agenda item O, Discussion of date, time and location of future Commission meetings. The next meeting date will be determined at a later time.

Chairman Denton adjourned the meeting at 1:28 p.m.

Frank Denton, Chairman
Texas Commission of Licensing and Regulation

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