Texas Commission Of Licensing and Regulation Meeting of September 10, 2008

Meeting of September 10, 2008
E.O. Thompson State Office Building
7th Floor Public Meeting Room
Austin, Texas

Summary of Minutes

Chairman Frank Denton called the meeting of the Texas Commission of Licensing and Regulation to order at 1:11 p.m., Wednesday, September 10, 2008. Members present were Chairman Frank Denton; Vice-Chair, LuAnn Morgan; Commissioners Mike Arismendez, Lewis Benavides, 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; Dianne Casey, Assistant Deputy Executive Director; Jeff Hill, Assistant General Counsel; Brad Bowman, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Glen Bridge, Information Services; Jerry Daniels; Financial Management; Don Dudley, Director of Exam & Education; George Ferrie, Director of Compliance; Sharon Homoya, Human Resources; Christina Kaiser, Director of Enforcement; Gene Mays, Customer Service; Dede McEachern, Director of Licensing; Simon Skedd, Information Services; and Kay Mahan, Executive Assistant.

Fred Moses, seconded by Deborah Yurco, moved to approve the minutes of the meeting of July 28, 2008. The motion was passed by unanimous vote.

LuAnn Morgan, seconded by Mike Arismendez, moved to approve the minutes of the meeting of July 29, 2008. 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, Consideration and possible action on a Motion for Rehearing filed by Sylvia Castillo, Docket No. COS2007006168D (Texas Department of Licensing and Regulation v. Sylvia Castillo). Lilian Norman-Keeney, seconded by Deborah Yurco, moved to grant the Rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item E, Consideration and possible action on a Motion for Rehearing filed by Thuy Loan Tran, Docket Nos. COS2007004039C & COS2007003320C (Texas Department of Licensing and Regulation v. Thuy Loan Tran). Fred Moses, seconded by Mike Arismendez, moved to deny the Motion for Rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item F, Consideration and possible action on a Motion for Rehearing filed by Tien Nguyen, Docket No. COS2008000585D, (Texas Department of Licensing and Regulation v. Tien Nguyen). 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 agenda item G1, Contested Cases. The final action on each Proposal for Decision is as follows:

Docket Number COS2007003422D/452-08-1300.COS, TDLR v. An Thi Phan. LuAnn Morgan, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2008002674L/452-08-2547.ELC, TDLR v. Daryl W. White. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number LSC2008001935L/452-08-2734.LSC, TDLR v. Raymond Beman III. Fred Moses, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2008003725L/452-08-2456.ELC, TDLR v. Ronnie E. Pfile, II. Mike Arismendez, seconded by Deborah Yurco, moved to deny the Proposal for Decision. The motion was passed with Fred Moses voting in dissent.

Chairman Denton moved to agenda item G2, Contested Cases – Defaults. The final action on each Proposal for Decision is as follows:

Docket Number COS2007003124D/452-08-0433.COS, TDLR v. Trang Thi Ngoc Thanh Nguyen. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision with a lower fine of $1,000. The motion was passed by unanimous vote.

Docket Number BAR2008001457L/452-08-2185.BAR, TDLR v. Matthew Simon. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item G3, Uncontested Cases/Default Cases heard before the TCLR. The final action on each proposed Default Order is as follows:

Docket Numbers ACR2006000436C, ACR2008007011S, ACR2008007012M & ACR2008007013S, TDLR v. John Michael Bran d/b/a Branaire; ACR2006002000I, TDLR v. Hazael Guzman d/b/a Guzman’s Refrigeration; ACR2007000501I, Alan Tyser d/b/a Tyser AC & Heating; ACR2007001243C, TDLR v. Alex Gutierrez d/b/a Danny’s Appliances & Air Conditioning Repair; ACR2007004119S & ACR2007001429C, TDLR v. Castillo Roman d/b/a Servi Frio; ACR2007005069C, TDLR v. Jeffery Perales – Jeff’s Law & Home Service; ACR2008000655C & ACR2007000920C, TDLR v. Sean Thai Le d/b/a AAA Temp; ACR2008005792S, TDLR v. Mike Rodriguez; BAR2008000765D & BAR2008000767D, TDLR v. Charleston Q. Douglas d/b/a Doug’s Creative Image; BAR2008001337D, TDLR v. James Simms d/b/a All Niters Barber Shop; BAR2008001361D, TDLR v. Tommy D. Curvey – L.C. Tatum’s Barber Shop; BAR2008002420D, TDLR v. Freddie Dan Lucas; BAR2008002833D, TDLR v. Tamara Giles – Ercell’s Special Effects Beauty & Barber; BAR2008003397D, TDLR v. Anthony D. Lax; BAR2008003410D, TDLR v. Rodrick Hampton – Ballin’ Kutz; BAR2008004502D, TDLR v. Christopher Henderson d/b/a Heavenly Hands Barber Shop; BOX2008001212D, TDLR v. Winston Parham; BOX2008002368D, TDLR v. Bobby Jones d/b/a 903 Knockout MMA; COS2007001057C, TDLR v. Loan Trinh Thi Trinh – Nail Pro; COS2007001751C, TDLR v. Ngoc Hong Nguyen d/b/a Quality Nails; COS2007002187D, TDLR v. Hong Hanh-Thi Tran; COS2008000002D, TDLR v. Ashley Smith Ashe Mecce; COS2008000914D, TDLR v. Thuy Trang Nguyen d/b/a Hair & Nails by Nancy; COS2008001314D, TDLR v. Tanissa Carmon-Untourage Salon Retreat; COS2008001747D, TDLR v. Dai T Trung d/b/a L.A. Nails; COS2008002130D, TDLR v. CNS Hair and Nail Salon/Moore; COS2008002802D, TDLR v. Servando Garcia; COS2008002841D, TDLR v. Tom Le Top Nails; COS2008002978D, TDLR v. Laura Ivonne Mata-Yanez; COS2008003012D, TDLR v. Gilma Rodriguez; COS2008003123D, TDLR v. Arnulfo Ramirez d/b/a N Style Beauty Salon; COS2008003241C, TDLR v. Venus Nails & Spa; COS2008003299D, TDLR v. Denise Haven Timms; COS2008003403D, TDLR v. Mary E. Terrell – Ms. T’s Fantastic Creation; COS2008003607D, TDLR v. Lienchau Thi Tran d/b/a L.T. Salon; COS2008003813D, TDLR v. Alissa Marie Lepine; COS2008003969D, TDLR v. Brenda Fulton d/b/a All About Me Spa; COS2008004033D, TDLR v. Shervita Kay Merritt; COS2008004046D, TDLR v. Than Dinh Du d/b/a Top Nails; COS2008004448D, TDLR v. Cindy’s Nails & Hair; COS2008004482D, TDLR v. Maria Medrano; COS2008005008D, TDLR v. Angelica Hinojosa; COS2008005380D, TDLR v. Vince Viet Tran; COS2008005701D, TDLR v. Laura Isela; COS2008006047D, TDLR v. Sylvia Ramirez Enriquez; ELC2008003689S, TDLR v. David Keene; ELC2007000083C, TDLR v. Michael Winders d/b/a Winders Electric; ELC2007001239C, TDLR v. Vinicio S. Garcia; ELC2007002060M, TDLR v. Louis Gausin – L & L Electric; ELC2007003977C, TDLR v. Richard C. Parker d/b/a Impact Construction; ELC2007004180C, TDLR v. Anthony Delgado; ELC2007005071C, TDLR v. Jeffery Perales; ELC2007005637C, TDLR v. Joel Johnson d/b/a RJN Electric; ELC2007005639C, TDLR v. Noel Edwards; ELC2007006649I, TDLR v. Richard Higgins d/b/a Real Estate Rehab; ELC2008000717M, TDLR v. Kermit Davis; ELC2008001173L, TDLR v. Foy Roberson, Jr.; ELC2008001715L, TDLR v. Alvardo Salinas, Jr.; ELC2007001440I, TDLR v. Nicholas O. Emere d/b/a Klear Signal; ELC2008003484C, TDLR v. Billy C. Hammett d/b/a Billy Hammett Electric; ELC2008005793S, TDLR v. Hector Romero d/b/a Electrical Work Co.; ELC2008003435D, TDLR v. Darien & Julie Tunnell d/b/a Affordable Handyman; WWD2007006054D, TDLR v. Lorne Thornbrue d/b/a Eagle Environmental Service; and WWD2008001762D, WWD2008003923D & WWD2008003731D, TDLR v. Troy Spear. LuAnn Morgan, seconded by Fred Moses, moved to approve the Default Orders as presented. The motion was passed by unanimous vote.

Docket Numbers ACR2007004106S & ELC2007004109S, TDLR v. Ever Fuentes d/b/a Fuentes A/C; BAR2008000423D, TDLR v. Dominga Ocanas – Minga’s Barber Shop; BAR2008003338D, TDLR v. John A. Melancon; BAR2008005213D, TDLR v. David Ocanas; COS2008000883C, TDLR v. Tuyet Bach Ton; COS2008001002D, TDLR v. Dung Thi Nguyen d/b/a KD Nails; COS2008001299D, TDLR v. Maria G. Leyva d/b/a Illusions Beauty Salon; COS2008002170D, TDLR v. Mai Thi Tran d/b/a Multi Career Training School and Beauty Academy; COS2008002342D, TDLR v. Antonio Ayala Collins d/b/a Textures Salon; COS2008003001D, TDLR v. Clara Inez Truitt; COS2008003194D, TDLR v. Dennis Vo & Hieu Vu d/b/a Nails Infiniti; COS2008003300D, TDLR v. Hwang, Dae Sung d/b/a Super Starz Hair Salon; COS2008004585D, TDLR v. Sergio’s Hair Salon; COS2008005540D, TDLR v. Maria Franco; COS2008005543D, TDLR v. Thelma M. Benitez; ELC2006002234M, TDLR v. John B. Berry; ELC2006002302M, TDLR v. John B. Berry; ELC2007004439S, TDLR v. Evan A. Goodson d/b/a Lonestar Electric; ELC2007005528C, TDLR v. Willie V. Tatum; and ELC2008000169S, TDLR v. Raul Ulloa d/b/a R and B Air conditioning and Heating. The Commission took no action on these cases.

Chairman Denton moved to agenda item H, Discussion and possible action on the adoption of proposed amendments at 16 Texas Administrative Code, Chapter 67, §67.80, regarding reducing the initial recovery fund fee from $100 to $50 to avoid collecting fees for the Auctioneer Education Recovery Fund that are in excess of the amount needed. Mike Arismendez, seconded by Deborah Yurco, moved to approve the fee reduction as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Discussion and possible action on the adoption of proposed amendments at 16 Texas Administrative Code, Chapter 73, §73.80, regarding decreasing the application and renewal fees for electrical sign contractors from $125 to $115 and to separate the subsection addressing both application fees and renewal fees into two distinct subsections in the rules. Fred Moses, seconded by Lilian Norman-Keeney, moved to approve the fee reduction as presented, effective November 1, 2008. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Discussion and possible action on the re-adoption, revision, or repeal of existing rules at 16 Texas Administrative Code, Chapter 60, Texas Commission of Licensing and Regulation, in accordance with TEX. GOV’T. CODE, §2001.039. LuAnn Morgan, seconded by Mike Arismendez, moved to approve the rules as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item K, Discussion and possible action on the re-adoption, revision, or repeal of existing rules at 16 Texas Administrative Code, Chapter 63, Personnel Employment Services, in accordance with TEX. GOV’T. CODE, §2001.039. Mike Arismendez, seconded by LuAnn Morgan, moved to approve the rules as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item L, Discussion and possible action on the re-adoption, revision, or repeal of existing rules at 16 Texas Administrative Code, Chapter 72, Staff Leasing Services, in accordance with TEX. GOV’T. CODE, §2001.039. Fred Moses, seconded by LuAnn Morgan, moved to approve the rules as presented. The motion was passed by unanimous vote.

The meeting was recessed at 2:01 p.m.

The meeting reconvened at 2:15 p.m.

Chairman Denton requested a report from the Audit/Finance Committee. LuAnn Morgan and Mike Arismendez gave a brief update to the Commission.

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

The meeting was recessed at 3:32 p.m.

The meeting reconvened at 3:47 p.m.

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

Chairman Denton moved to agenda item O, Executive Session at 4:25 p.m.

The meeting reconvened at 4:48 p.m.

Chairman Denton moved to agenda item P, Action on items discussed in Executive Session. Lewis Benavides, seconded by LuAnn Morgan, moved to recommend to the Legislative Budget Board that the Executive Director’s salary be pegged at $138,500, and that the position be reclassified to a Group 5. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item Q, Discussion of date, time and location of future Commission meeting. This meeting date will be set at a future time.

Chairman Denton then moved to agenda item R, Adjournment. The Chairman announced that the meeting would not be continued the next day as posted, since all business had been concluded. The meeting was adjourned at 4:52 p.m.

Frank Denton, Chairman
Texas Commission of Licensing and Regulation

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