Texas Commission Of Licensing and Regulation Meeting of September 21, 2010

Meeting of September 21, 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 9:00 a.m., Tuesday, September 21, 2010. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners LuAnn Morgan, Fred Moses, 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; Lynn Latombe, Assistant General Counsel; Pam Legate, Assistant General Counsel; Della Lindquist, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Glen Bridge, Director of Information Systems; Jerry Daniels, Director of Financial Management; Don Dudley, Director of Education and Examination; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; Gene Mays, Director of Customer Service; and Kay Mahan, Executive Assistant.

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

LuAnn Morgan, seconded by Fred Moses, moved to approve the minutes of the meeting of August 9, 2010. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item G, Discussion and possible action on TDLR’s Audit Plan for FY 2011. Fred Moses, seconded by LuAnn Morgan, moved to approve the Audit Plan. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item C, Public Comment. Pat Johnson, with Texas Towing Compliance made a public comment concerning 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 ACR2010004385L & ACR2010004388L/452-10-3830.ACR, TDLR v. Donald Luedecke. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ACR2010003187L/452-10-4589.ACR, TDLR v. Dave J. Garza. Fred Moses, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ACR2010006440L/452-10-4650.ACR, TDLR v. Melvin David Johnson. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2009009884C/452-10-4220.COS, TDLR v. Long Nguyen d/b/a American Nails & Spa. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed with Deborah Yurco voting in dissent.

Docket Number ELC2010004349L & ELC2010003364L/452-10-2707.ELC, TDLR v. Christopher L. Hickman. Deborah Yurco, seconded by Mike Arismendez, moved to deny the Journeyman license and revoke the Apprentice license. The motion was passed with Fred Moses voting in dissent.

Docket Number ELC2010006931L & ELC2010008448L/452-10-4652.ELC, TDLR v. Brett Mulcahy. Fred Moses, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

The meeting was recessed at 10:00 a.m.

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

Docket Number TOW2010005679L/452-10-3625.TOW, TDLR v. Derrick McCray. Deborah Yurco, seconded by Mike Arismendez, moved to deny the Proposal for Decision. The motion failed with Mike Arismendez and Deborah Yurco voting in favor and Frank Denton and Fred Moses voting in dissent. LuAnn Morgan was away from the dais during this vote. Fred Moses, seconded by Frank Denton, moved to accept the Proposal for Decision as presented. The motion carried with Frank Denton, LuAnn Morgan and Fred Moses voting in favor, and Mike Arismendez and Deborah Yurco voting in dissent.

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

Docket Number ACR2007003606C & ACR2007003811M/452-10-3044.ACR, TDLR v. Hooshang Rahnemaie d/b/a Golden A/C and Heat. Fred Moses, seconded by Deborah Yurco, moved to remand this case back to SOAH. The motion was passed with Mike Arismendez voting in dissent.

Docket Number BAR2009000916D/452-10-1661.COS, TDLR v. Antonio Conner. Mike Arismendez, seconded by Fred Moses, moved to pass on this case. The motion was passed by unanimous vote.

Docket Numbers ELC2009003666C, ELC2009008586C, ELC2009013380C & ELC2010001364C/452-10-4573.ELC, TDLR v. Robert Kemp; and ELC2010003953L/452-10-4600.ELC, TDLR v. Steven Frank Bradchulis Jr. Fred Moses, seconded by Deborah Yurco, 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 ACR2009001162C, TDLR v. David Preston Jackson Jr.; ACR2009007071C, TDLR v. Hector Hinojosa d/b/a Hot Cold Air Conditioning and Heating System; ACR2009013171C, TDLR v. Martin Zuniga d/b/a Zuniga Commercial Refrigeration; ACR2009013201C, TDLR v. William Garza d/b/a Air Doctor A/C and Heating; ACR2009013465C, TDLR v. Russell Burks d/b/a S & R Mechanical; ACR200908496M, TDLR v. Chris Duncan d/b/a Duncan Air Specialists; ACR2010000973C, TDLR v. Wes Trammell d/b/a All Star Maintenance; ACR2010008398L, TDLR v. Michael S. Biles; AUC2009006759R, TDLR v. Norman Ray Meyer; BAR2009000118D, TDLR v. Timyron Devon Smith d/b/a Rally Kutz; BAR2009002546D, TDLR v. Demond Pryor; BAR2009002604D, TDLR v. Michael Richard; BAR2009002650D, TDLR v. Guillermina Zarate Mendez d/b/a Zarate Barber Shop; BAR2009002755D, TDLR v. Johnnie English d/b/a D & J Barber Shop; BAR2009003307D, TDLR v. Nelson Earl McGuire; BAR2009003308D, TDLR v. Marvin Fox; BAR2009003802D, TDLR v. John C. Smith; BAR2009004625D, TDLR v. Norma Rangel d/b/a Rangel Beauty Salon; BAR2009005693D, TDLR v. Willie B. Thomas d/b/a Cuts; BAR2009005873D, TDLR v. Griselda A. Martinez d/b/a Cris’s Beauty Place; BAR2009007806D, TDLR v. Keith L. Richard; BAR2009008166D, TDLR v. Barrett Darrell Thomas; BAR2009010303D, TDLR v. Johnette Calhoun; BAR2009010358D, TDLR v. John J. Romo; BAR2009011549D, TDLR v. Vidal de Jesus Oyuela d/b/a El Exito Barber Shop 2; BAR2009011928D, TDLR v. Sandra Copeland d/b/a The Hair Shoppe; BAR2009012301D, TDLR v. Willie C. Jenkins; BAR2010000110D, TDLR v. Gregorio Lira; BAR2010001708D, TDLR v. Martin K. Rollins; BAR2010001956D, TDLR v. Michael Johnson; BAR2010002752D, TDLR v. Joel Jefferson and Timothy Jefferson d/b/a Wise Choice Barber Shop; BAR2010003721D, TDLR v. Hector Barajas; BAR2010003723D, TDLR v. Isaias Barajas; BAR2010003913D, TDLR v. Nyarkoa Bempong Asante d/b/a Braids Weaves Etc. Inc.; BAR2010004514D, TDLR v. Roger C. Foggle; BAR2010007366D, TDLR v. Gabriela Garcia d/b/a Lucky’s Barber Shop III; BAR2010007490D, TDLR v. Jeffery B. Clark d/b/a Studio East; BAR2010008029D, TDLR v. Larry Claxton; BAR2010008515D, TDLR v. Jerrod J. Cason; BAR2010008569D, TDLR v. Van McKeith Frank; BAR2010009699D, TDLR v. Jerry Perez; BOX2010002462D, TDLR v. Randy Fuentes; COS2008008297D, TDLR v. Philip B. Wiley d/b/a Hair Associates; COS2009000528C, TDLR v. Suoi Van Nguyen d/b/a Q Nails; COS2009000712D, TDLR v. Sybil Kidd; COS2009000733D, TDLR v. Jaime Contreras; COS2009001252D, TDLR v. Holly Carrasco and Selina Carpio d/b/a C & C Salon & Boutique; COS2009001253D, TDLR v. Holly Reyna Carrasco; COS2009001957D, TDLR v. Hawa Diallo; COS2009002194D, TDLR v. La Unja Monea Leach; COS2009002195D, TDLR v. Nona Renee Stephens; COS2009002600D, TDLR v. Tina Thi Nguyen; COS2009002754D, TDLR v. Ruth Ada Moore d/b/a Hair By La France; COS2009004248D, TDLR v. Adriana Espinoza; COS2009004650D, TDLR v. Yolanda Wheatley; COS2009005140D, TDLR v. Binh Thi Huynh d/b/a Elaine Nail; COS2009005239D, TDLR v. EF Simon Community Development d/b/a EJ Simon Beauty Salon; COS2009005354D, TDLR v. Nguyet Nguyen d/b/a Trinh’s Lovely Nails; COS2009005407D, TDLR v. Veronica Garcia d/b/a Details; COS2009005442D, TDLR v. Hose Lopez; COS2009005694D, TDLR v. Willie B. Thomas; COS2009005960C, TDLR v. LNL Investments Inc. d/b/a Nails Now; COS2009005973D, TDLR v. Carla J. Emery Culberson d/b/a Stone Ranch Salon; COS2009006412D, TDLR v. Tami Rena Fleming d/b/a Cuttin Hut; COS2009006626D, TDLR v. Annette Hollaway; COS2009006639D, TDLR v. Thanh-Lan Thi Pham; COS2009007112D, TDLR v. Gueda Goumbala d/b/a Amy’s Braids; COS2009007490D, TDLR v. Maria E. Vasquez; COS2009007536D, TDLR v. Chad Arron Willis; COS2009007821D, TDLR v. Jerrod Cason d/b/a Million Dollar Dreams Salon; COS2009007850D, TDLR v. Lourdes Correa d/b/a Beauty Salon & Accessories Sald; COS2009007878D, TDLR v. Sandra Webb Lacy; COS2009007912D, TDLR v. Kristy Peacock; COS2009007933D, TDLR v. Vickie Walter d/b/a Style Shop; COS2009008478C, TDLR v. Chau Giang Thi Ly d/b/a Modern Nail & Spa; COS2009009295D, TDLR v. Mirta Carolina Sanchez; COS2009009516D, TDLR v. Idalia Rodriguez d/b/a Pro Style; COS2009009768D, TDLR v. Anh T. Nguyen; COS2009010223D, TDLR v. Sonia Hernandez d/b/a Sonia’s Hair Studio; COS2009010304D, TDLR v. Johnny Grant Sample III d/b/a New Vision Beauty Salon; COS2009010349D, TDLR v. Steve Emini d/b/a Cutz4Less; COS2009010697D, TDLR v. Albert Peoples d/b/a Touch of Glamor; COS2009010700D, TDLR v. Charlene P. Hendrickson; COS2009010855D, TDLR v. Vuong Nam Hoang d/b/a Venus Nails & Spa; COS2009010858D, TDLR v. Dieu T. Duong; COS2009010907D, TDLR v. Maria Rodriguez d/b/a La Perfecto Salon; COS2009010970D, TDLR v. Maricel Antelo Perez d/b/a People’s Fashion; COS2009011022D, TDLR v. Linda Dowty d/b/a Angel Nails and Hairstyles; COS2009011120D, TDLR v. Jessica Palacios d/b/a Hair & Now; COS2009011567D, Guadalupe P. Villa d/b/a Kool Kuts; COS2009011666D, TDLR v. Maya McIntosh Coleman d/b/a Heavenly Hands Salon; COS2009011710C, TDLR v. My Nhung Thi Huynh and Thuan Nguyen d/b/a Designer Nails; COS2009011854D, TDLR v. Lisa Lohmeyer d/b/a Cut Loose; COS2009012047C, TDLR v. Jason Caldwell; COS2009012086D, TDLR v. Christopher Pau Schranz; COS2009012165D, TDLR v. Barbara Ann Shearer; COS2009012497D, TDLR v. Catarina Linares; COS2009012536D, TDLR v. Joyce Wilson d/b/a Serenity Salon & Spa; COS2009012722C, TDLR v. Cuc Le d/b/a Pro Nails and Spa; COS2010001880D, TDLR v. Stanley E. Brown d/b/a City Beauty Shop & Salon; COS2010001903D, TDLR v. Eduardo Anderson d/b/a 360 The Colour Bar; COS2010002756D, TDLR v. Maria De Jesus Murillo d/b/a Studio Haircuts; COS2010003133D, TDLR v. Danh Huu Truong d/b/a Nails and Spa; COS2010003523D, TDLR v. Robert Tuan Tran d/b/a Taylor Nails & Spa; COS2010003524D, TDLR v. Tuong Vy Thi Tran d/b/a Classy Nails; COS2010003536D, TDLR v. Hong Minh Dao d/b/a Blade Hair & Nails Salon; COS2010003773D, TDLR v. Le Thi Nguyen d/b/a Natural Nails; COS2010003774D, TDLR v. Tinh Thanh Pham d/b/a Fantasy Nails; COS2010003945D, TDLR v. Esther Cantu; COS2010005055D, TDLR v. Ruben Gonzalez; COS2010005126D, TDLR v. Shawna Reaves d/b/a Shawna’s Hair & Nails; COS2010005436D, TDLR v. Siria Osten d/b/a Clip Color Mega Eventos; COS2010005453D, TDLR v. Chuc H. Chung d/b/a Glamour Nails Salon; COS2010005526D, TDLR v. Tam H. Huynh d/b/a Nails Etc.; COS2010005730D, TDLR v. Hong Pham Quach d/b/a Fancy Nail #2; COS2010005741D, TDLR v. Nelida Sanches d/b/a Nely’s Salon; COS2010005767D, TDLR v. Irma Ward; COS2010006585D, TDLR v. Chien Dinh Nguyen d/b/a Sylvie Hair Salon; COS2010006592D, TDLR v. Yen Thi Nguyen d/b/a Pretty Nails; COS2010006617D, TDLR v. Mai N. Thai d/b/a TX Nails & Facials; COS2010006671D, TDLR v. Johnny Avalo; COS2010006793D, TDLR v. Tashebia Lasha Bracy; COS2010007007D, TDLR v. Jerold Jermaine Young; COS2010007008D, TDLR v. Darlene Cooper; COS2010007014D, TDLR v. Kimberly Roberson d/b/a Studio 115; COS2010007021D, TDLR v. Mayra Espinoza d/b/a Mayra’s Hair Salon; COS2010007025D, TDLR v. Jose Antonio Cruz; COS2010007166D, TDLR v. Richard Gaona; COS2010007175D, TDLR v. Lizzet Martinez; COS2010007177D, TDLR v. Denise Nicole Barrow; COS2010007245D, TDLR v. Elaine Trichelle Cox; COS2010007337D, TDLR v. Diane Nowlain d/b/a Reflections; COS2010007482D, TDLR v. Barbara Lee Frazier; COS2010007566D & COS2010007567D, TDLR v. Marlana Edwards and Rhea Miller d/b/a Salon 180 Hair Studio; COS2010007598D, TDLR v. Ivette Peterson d/b/a Exotique Hair Studio; COS2010007724D, TDLR v. Myrna Bentley d/b/a Barbie’s Beauty Salon Unisex; COS2010007923D, TDLR v. Sibano Ybarra Jr. d/b/a Silver Scissors; COS2010008241D, TDLR v. Rosemary Smith Harris; COS2010008548D, TDLR v. Claudia Solis Castillo; COS2010008555D & COS2010008557D, TDLR v. Gladys Cordero & Norma Hinojosa d/b/a N & G Nails; COS2010008567D, TDLR v. Mai Thi Phan d/b/a Van Facials and Nails; COS2010008568D, TDLR v. Essential Styles Inc. d/b/a Essential Styles; COS2010008625D, TDLR v. Marizelda Delgado; COS2010009601D, TDLR v. Liliana Orocio d/b/a Liliana’s Beauty Salon; COS2010009635D, TDLR v. Tuyet-Nhi Thi Truong d/b/a Shiny Nails; COS2010009702D, TDLR v. Lucia Gomez d/b/a Lucy’s Beauty Salon; COS2010010331D, TDLR v. Paulina Phin Pham d/b/a Vimex Perfecto Salon; EAB2009007858D, TDLR v. Samwoo Houston Corp.; EAB2009009525D, TDLR v. East Collaborative, LLC; EAB2009010992D, TDLR v. Saira Hyder; EAB2009011171D, TDLR v. Riley Development, Inc.; EAB2010000647D, TDLR v. Zeam Incorporated; EAB2010002381D, TDLR v. New Birth Fellowship Church, Inc; EAB2010002667D, TDLR v. C & N Unlimited, LLC; ELC2009003514C, TDLR v. Robert H. Jimenez d/b/a Texas Residential Electric; ELC2009003578C, TDLR v. Mickey Stephens d/b/a M and D Contracting; ELC2009003971C, TDLR v. Carlos Martinez; ELC2009005456C, TDLR v. Tony Do; ELC2009009807C, TDLR v. Robert R. Dibenedetto d/b/a D & K Apex Electrical Service, LLC; ELC2009011454I, TDLR v. Eric Knudtson d/b/a Sunsational Pools & Spas, LLC; ELC2009012739C, TDLR v. Kevin Bunkley d/b/a KB Electrical; ELC2009012801C, TDLR v. Adrian Kenrick d/b/a Amaka Electric; ELC2009012968C, TDLR v. Scott Windsheimer d/b/a A1 Electrical; ELC2009013145I, TDLR v. Rick Lopez; ELC2009013330C, TDLR v. Nello Carr d/b/a Giraffe Home Handyman; ELC2010001437C, TDLR v. Larry Earely d/b/a Earely Enterprises; ELC2010002394S, TDLR v. Allen Smith d/b/a ATS Services; ELC2010002401S, TDLR v. Carlos Santos d/b/a Hands On Remodeling and Handyman Services/CJS Construction Co & Remodeling; ELC2010002406S, TDLR v. Joe N. Ornelas; ELC2010002407S, TDLR v. Weston Meek d/b/a Compass Home Renovations; ELC2010002488I, TDLR v. Robert E. Williams d/b/a KW Electric; ELC2010003028S, TDLR v. Joe M. Hernandez; ELC2010003092S, TDLR v. Thomas Lacey; ELC2010003619C, TDLR v. Wilson Gladney d/b/a Wilson Electric Services; ELC2010004345D, TDLR v. Freddie Reed; ELC2010004862D, TDLR v. Joshua Day; ELC2009005590C, TDLR v. Walter Barrera; ELC2010007046L, TDLR v. Jose L. Perez; ELC2010009166L, TDLR v. Brad P. Brown; ELC2010009358L, TDLR v. Lindell G. Burrow; IHB2010004789D, TDLR v. Sid Dean d/b/a Marlin Enterprises; TOW2009001185C, TDLR v. Prestige Collision Body & Paint; TOW2009004402D & TOW2010000735C, TDLR v. Joe Robert Natal d/b/a Natal’s Wrecker Service d/b/a Jesse James Enterprise; TOW2009005997D, TDLR v. Louis Lessing d/b/a Lessing Wrecker Service; TOW2009007544D & VSF2009007565D, TDLR v. Jackie Smiddy d/b/a C. Smiddy & Sons Towing; TOW2009009907C, TDLR v. Judith Bennett d/b/a Hill Country Towing; TOW2009013353C, TDLR v. G. Welborn Enterprises Inc. d/b/a Tomball Towing & Storage Inc; TOW2010000808C, TDLR v. Maria Leyva d/b/a All American Towing; TOW2010001648C, TDLR v. Carlos Benitez d/b/a Precise Towing and Recovery; TOW2010008265D, TDLR v. Raul De La Rosa d/b/a De La Rosa Wrecking; VSF2009006196C, TDLR v. Victor Sarabia d/b/a Sarabia’s; VSF2009006876D, TDLR v. Lee Ochoa; VSF2009010989D, TDLR v. Margaret A. Huron; VSF2009011001D, TDLR v. South Texas Magna Tech Inc. d/b/a VRS Towing; VSF2009011992I, TDLR v. Holmes Road Storage; VSF2010003212D & VSF2010004328D, TDLR v. Curtis Mounts d/b/a Vickery Auto Storage d/b/a City Wide Auto Parts; VSF2010005262D, TDLR v. Michael Sanders d/b/a Upshur County Wrecker Service; VSF2010007338C, TDLR v. Odessa Wrecker Service Inc.; and VSF2010008994D, TDLR v. Soraya Nasrallah. Mike Arismendez, seconded by Fred Moses, moved to accept the Default Orders as presented. The motion was passed by unanimous vote.

Docket Numbers ACR2009013213C, TDLR v. Charles Ray Allen; ACR2010000318C, TDLR v. Michael R. Cosme d/b/a C & C Mechanical; ACR2010000911S, TDLR v. Gary Phillips d/b/a GP Maintenance and Remodeling; BAR2009002876D, TDLR v. Vanessa Garcia d/b/a Fades Barber Shop; BAR2009007789D, TDLR v. D’Ainsley Smith and Tavatha Smith d/b/a Love Works International Salons; BAR2009008165D, TDLR v. Cornelius Thomas d/b/a Renee’s Fades & Braids; BAR2010000749D, TDLR v. Junicchi Washington; BAR2010001926D, TDLR v. Julius Thompson; BAR2010002608D, TDLR v. Ellis Collier and Kenneth Collier d/b/a Collier’s Barber Shop; BAR2010002694D, TDLR v. Kenneth Collier; BAR2010002805D, TDLR v. Myriam Zaoui and Eric Malka d/b/a The Art of Shaving; BAR2010008304D, TDLR v. George B. Hemphill; BAR2010008570D, TDLR v. Kimble Cooper; COS2009001267D, TDLR v. Estillista Mague; COS2009007121D, TDLR v. Todd D. Matthews d/b/a Todd’s Studio Salon; COS2009007729D, TDLR v. Manuela Zubia d/b/a Nelly’s Beauty Salon; COS2009008159D, TDLR v. Merysela Cortez d/b/a Da Vilas Hair Salon; COS2009008167D, TDLR v. Rosario Galvez d/b/a La Rue Beauty Salon; COS2009008826C & COS2010006011D, TDLR v. Ndeye Niang d/b/a Afrogenix Braiding Salon; COS2009009064D, TDLR v. Khalilah L. James d/b/a Soo Posh Natural Hair Beauty & Barber; COS2009010346D, TDLR v. Patricia Aldridge d/b/a 2M Press Hair Salon; COS2009010554D, TDLR v. Monico Rodriguez d/b/a New Image Beauty Salon; COS2009010635D, TDLR v. Annette Esquivel; COS2009010847D, TDLR v. Belinda Ann Benavides; COS2009011092C, TDLR v. David Le d/b/a Image Nails & Facial; COS2009011326D, TDLR v. Maria Davalos d/b/a Hair Trix; COS2009012160D, TDLR v. Marisela Pena d/b/a Mari’s Downtown Salon; COS2010002744D, TDLR v. Fashions On The Move Inc. d/b/a Fashions Beauty Salon; COS2010003506D, TDLR v. Alejandra Legarreta d/b/a Hair Works By Estetica; COS2010004556D, TDLR v. Roberta Hector d/b/a R & E Cosmetology School; COS2010004719D, TDLR v. Dieu Thi Nguyen d/b/a All Pro Nails; COS2010004720D, TDLR v. Hieu H. Nguyen; COS2010004731D, TDLR v. Miguel Alvaro, Sr. d/b/a Ara’s Beauty Salon; COS2010004856D, TDLR v. Joe A. Cerda d/b/a Xpressions; COS2010004881D, TDLR v. Sang Van Nguyen d/b/a JC Nails; COS2010005202D, TDLR v. LNL Investments Inc. d/b/a Nails Now; COS2010005516D, TDLR v. Tuyen Tsi Mong Nguyen; COS2010007006D, TDLR v. Wanda Jean Benson d/b/a Bronze Lady’s Salon; COS2010007023D, TDLR v. Elvia Lara d/b/a Elvia’s Beauty Salon #2; COS2010007269D, TDLR v. Deguene Diop d/b/a Damel African Hair Braiding; COS2010007462D & COS2010007463D, TDLR v. Joo Hong Lee and Jeong Lee d/b/a Anderson Lane Beauty; COS2010007729D, TDLR v. Diana Oviedo d/b/a Perfecta Imagen Beauty Salon; COS2010007938D, TDLR v. Lilian Vu d/b/a L.E. Nails; COS2010008529D, TDLR v. Phu Hoang Vo d/b/a MP Nails & Spa #2; EAB2009003633D, TDLR v. Dr. Samuel Pegram; EAB2009009992D, TDLR v. Capri W Lost Creek, LLC; EAB2010002291D, TDLR v. SSP Properties IV, LLC; ELC2009002712C, TDLR v. Greg Hodges d/b/a Today’s Maintenance Solutions; ELC2010003030S, TDLR v. Travis Judd d/b/a TKJ Handyman Services; TOW2008008452C, TDLR v. Ahmad Atiyah d/b/a Speedway USA Car Care; TOW2009001920C, TOW2009013035C, VSF2009007977C, VSF2009011521C & TOW2010004821C, TDLR v. Thomas Mora d/b/a Pronto Wrecker Service; TOW2009008660D, TDLR v. Ibrahim Karabiylk d/b/a Junk Yard Dogs Auto Recyclers and d/b/a Junk Yard Dogs Auto Parts; TOW2009013284C, TOW2010001514C, TOW2010002362C & TOW2009008922C, TDLR v. Claude Eldridge d/b/a New-Co Towing; TOW2010002164C, TDLR v. Alan Collier; VPP2009004128M, TDLR v. Charter Warranty LLC d/b/a Autosave; and VSF2009008918C, VSF2009013281C, VSF2010001502C, VSF2010001512C, VSF2010002702C, & VSF2010002232C, TDLR v. Claude Eldridge d/b/a New-Co Storage. The Commission took no action on these cases.

Chairman Denton moved to agenda item T, Executive Session at 11:05 a.m.

The meeting was reconvened at 11:28 a.m.

There was no action taken on the Executive Session.

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

Docket Number ACR2010001604L/452-10-3783.ACR, TDLR v. Tommy W. Dyer. Fred Moses, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number BAR2010004843D, TDLR v. Eric Fonseca d/b/a Ericos Hair Salon. Fred Moses, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Numbers BAR2010008064D & COS2010008062D, TDLR v. Carolyn (Brown) Hill d/b/a Obsessions’s By Carolyn. Mike Arismendez, seconded by Deborah Yurco, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010007425D, TDLR v. Gloria Chapa d/b/a GG’s Nail Creations. LuAnn Morgan, seconded by Deborah Yurco, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Numbers COS2010008078D & COS2010008079D, TDLR v. Carissa Judalet and Jennifer Bonner d/b/a Creative Images. LuAnn Morgan, seconded by Mike Arismendez, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number ELC2009012797L/452-10-1810.ELC, TDLR v. Paul Bedell. Fred Moses, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number ELC2010003755L/452-10-3039.ELC, TDLR v. Leah M. Iverson. LuAnn Morgan, seconded by Fred Moses, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number TOW2008007706C, TDLR v. Overhaulinpro.Com LLC d/b/a Your Parking Solution. Fred Moses, seconded by LuAnn Morgan, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number TOW2010003782L/452-10-2985.TOW, TDLR v. Keith Allen Busby. Fred Moses, seconded by Deborah Yurco, moved to deny the Rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item F, Discussion and possible action regarding the reversal and remand of the Commission’s decision in the matter of Texas Department of Licensing and Regulation v. Charles Baucum, Docket No. ELC2009005016L. Mike Arismendez, seconded by Deborah Yurco, moved to dismiss this case without prejudice. The motion was passed by unanimous vote.

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

  • Advisory Board on Cosmetology – New appointments: Daired Ogle, appointed as Presiding Officer (term expires 09/29/2013); and Pamela Gold (term expires 9/29/2015).
  • Polygraph Advisory Committee – New appointment: Tiffany Niemann (term expires 09/01/2015).
  • Towing, Storage and Booting Advisory Board – Reappointment: Joann Messina, appointed as Presiding Officer (term expires 2/01/2013).

Chairman Denton moved to agenda item Q, Advisory Board Reports. Public Affairs staff gave brief reports and answered questions from the Commission.

The meeting was recessed at 11:54 a.m.

The meeting was reconvened at 12:31 p.m.

Chairman Denton moved to agenda item H, Discussion of streamlining the default order process, including options for the Commission to delegate approval of default orders. The Commission and staff discussed this item and no action was taken upon it.

Chairman Denton moved to agenda item I, Discussion and possible action on proposed adoption of amendments at 16 Texas Administrative Code, Chapter 55, §55.53 and §55.54, and Chapter 60, §60.306 to implement House Bill 2310, 81st Legislature, 2009, regarding notice by certified mail with electronic return receipt. Mike Arismendez, seconded by Deborah Yurco, moved to approve the rules. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Discussion and possible action on proposed adoption of amendments at 16 Texas Administrative Code, Chapter 60, §60.24 to extend the duration of advisory boards/committees/councils and to establish dates for recently created advisory bodies to the Department. Fred Moses, seconded by LuAnn Morgan, moved to approve the rules with an effective date of 10/15/10. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item K, Discussion and possible action on proposed adoption of amendments to 16 Texas Administrative Code, Chapter 60, §60.40 to make a technical correction regarding criminal history and license eligibility by reinserting clarifying language that was inadvertently deleted relating to felony convictions. Fred Moses, seconded by LuAnn Morgan, moved to approve the rules with an effective date of 10/15/10. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item L, Discussion and possible action on proposed adoption of amendments to 16 Texas Administrative Code, Chapter 61, §§61.1, 61.10, 61.20 – 61.23, 61.30, 61.40 – 61.42, 61.44, 61.47, 61.80, 61.105, and 61.106 to provide clarity regarding the authority, responsibilities, and administration of the combative sports program. Fred Moses, seconded by Mike Arismendez, moved to approve the rules with an effective date of 10/15/10. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item M, Discussion and possible action on proposed adoption of amendments to 16 Texas Administrative Code, Chapter 77, §77.40 and 77.42 to clarify the general financial security requirements for a provider and the requirements for a provider that uses the funded reserve account and security deposit option in the service contract providers and administrators program. Deborah Yurco, seconded by LuAnn Morgan, moved to approve the rules with an effective date of 10/15/10.

Chairman Denton moved to agenda item N, Discussion and possible action on proposed adoption of amendments to 16 Texas Administrative Code, Chapter 94, §94.100 regarding Code of Ethics provision relating to acceptance and/or solicitation of a gift, favor, or service by registrants in the property tax professionals program. Fred Moses, seconded by Mike Arismendez, moved to approve the rules with an effective date of 10/15/10. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item O, Discussion and possible action on proposed adoption of amendments to 16 Texas Administrative Code, Chapter 94, §§94.10, 94.21, 94.22, and 94.70 and the repeal of existing §94.25 and new §94.25 regarding continuing education requirements and the classification system for registrants in the property tax professionals program; and agenda item P, Discussion and possible action on proposed adoption of the repeal of 22 Texas Administrative Code, Chapter 623, §§623.6 – 623.10 regarding registration and certification in order to allow for new rules to be adopted that consolidate all standards governing registrants, continuing education, and classifications in the property tax professionals program. Mike Arismendez, seconded by Fred Moses, moved to approve the new rules and rule repeal with an effective date of 10/15/10. The motion was passed by unanimous vote.

Chairman Denton moved to reconsider the motion on approval of the August 9, 2010 minutes. Mike Arismendez, seconded by Fred Moses, moved to reconsider the vote. The motion was passed by unanimous vote. Mike Arismendez, seconded by Fred Moses, moved to approve the revised minutes. The motion was passed by unanimous vote.

The meeting was recessed at 2:18 p.m.

The meeting was reconvened at 2:30 p.m.

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

Chairman Denton moved to agenda item V, Discussion of date, time and location of future Commission meetings. The next meeting date will be set for late October or early November.

Chairman Denton moved to agenda item W, Adjournment. The meeting was adjourned at 3:35 p.m.

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