Texas Commission Of Licensing and Regulation Meeting of September 28, 2011

Meeting of September 28, 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 9:05 a.m., Wednesday, September 28, 2011. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners LuAnn Morgan, Ravi Shah, 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; Lynn Latombe, 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; Gene Mays, Director of Customer Service; and Kay Mahan, Executive Assistant.

LuAnn Morgan, seconded by Deborah Yurco, moved to excuse the absence of Commissioner Fred Moses. 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 G, Discussion and possible action on TDLR’s Internal Auditing Charter. Deborah Yurco, seconded by LuAnn Morgan, moved to approve the Charter. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Discussion and possible action on TDLR’s Audit Plan for FY 2012. Ravi Shah, seconded by Deborah Yurco, moved to approve the Audit Plan. The motion was passed by unanimous vote.

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

Docket Number ACR2011007033L/452-11-5818.ACR, TDLR v. Rex LaPlante IV. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number BAR2011002378D/452-11-5993.BAR, TDLR v. Eric L. Coleman. Deborah Yurco, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2011003777L/452-11-4821.TOW, TDLR v. Juan L. Gonzales. Mike Arismendez, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2011005637L/452-11-4822.TOW, TDLR v. Roy Knapp. Mike Arismendez, seconded by Deborah Yurco, 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 AUC2011004005R/452-11-4438.AUC, TDLR v. Dean Earl Kruse; ELC2009012838C/452-11-7328.ELC, TDLR v. Jimmie Heinmann; TOW20110010627/601-07-2896, TDLR v. Dwight Price d/b/a A-1 Towing and Recovery; and VSF20110010628/601-07-2895, TDLR v. Dwight Price d/b/a A-1 Towing and Recovery. Mike Arismendez, 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 E, Motions for Rehearing – consideration and possible action on the following cases:

Docket Number ACR2009012302C/452-10-5879.ACR, TDLR v. Khosrow Kevin Mohammadian d/b/a Master Air Inc. Mike Arismendez, seconded by Frank Denton, moved to deny the Rehearing. The motion was passed with Mike Arismendez, Frank Denton and Deborah Yurco voting in favor; and LuAnn Morgan and Ravi Shah voting in dissent.

Docket Numbers COS2010000018C and COS2010003122D, TDLR v. Maria Puga d/b/a Cleopatra’s Salon. Ravi Shah, seconded by Deborah Yurco, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010011920C, TDLR v. Joanne Tang. Ravi Shah, seconded by LuAnn Morgan, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number ELC2010003095S, TDLR v. Evva McDowell. Deborah Yurco, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number ELC2011001186L/452-11-2530.ELC, TDLR v. James E. Sparks. Mike Arismendez, seconded by Ravi Shah, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number TOW2010011920C, TDLR v. Jamal Bakeer d/b/a AA Discount Towing. LuAnn Morgan, seconded by Deborah Yurco, moved to deny the Rehearing. The motion was passed by unanimous vote.

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

Docket Number ELE2011001107D/452-11-4188.ELE, TDLR v. Radisson Hotel Waco. Ravi Shah, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

The meeting was recessed at 10:08 a.m.

The meeting was reconvened at 10:20 a.m.

Chairman Denton moved to agenda item F, Motion To Set Aside:

Docket Number COS2008008227D/452-10-1273.COS, TDLR v. Raymon Rubio. Mike Arismendez, seconded by Deborah Yurco, moved to set aside the previous Order and remand back to SOAH. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code, Chapter 60, §60.32, to implement Senate Bill 1733, 82nd Legislature, Regular Session (2011) regarding licensing of certain military spouses. Mike Arismendez, seconded by LuAnn Morgan, moved to approve the rules with an effective date of November 1, 2011. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 80, §§80.10, 80.20, 80.22 and 80.23, to implement House Bill 4445, 81st Legislature, Regular Session (2009) regarding creating a basic and master designation license for licensed court interpreters. Deborah Yurco, seconded by Ravi Shah, moved to approve the discussed amended rules with an effective date of November 1, 2011. The motion was passed by unanimous vote.

Mike Arismendez, seconded by LuAnn Morgan, moved to approve the minutes of the meetings of August 23, 2011 and August 24, 2011. The motion was passed by unanimous vote.

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

The meeting was recessed at 11.30 a.m.

The meeting was reconvened at 1:03 p.m.

LuAnn Morgan, seconded by Mike Arismendez, moved to excuse the absence of Commissioner Lilian Norman-Keeney. The motion was passed by unanimous vote.

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

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

Chairman Denton moved to agenda item M, Approval of appointments of members to Advisory Boards, including appointment of presiding officer. Mike Arismendez, seconded by Ravi Shah, moved to approve the following appointments. The motion was passed by unanimous vote.

Architectural Barriers Advisory Committee – New Appointments: Phillip Pearce, Presiding Officer (term expires 08/31/2012); and Jim Durham (term expires 08/31/2012). Reappointments: Ronald Menard (term expires 08/31/2014), Kathy-Ann Riley (term expires 08/31/2014), and Brion Sargent (term expires 08/31/2014).

Auctioneer Education Advisory Board – Reappointments: Jim Sample, Presiding Officer (term expires 09/01/2013); Norman N. Seaton (term expires 09/01/2013); Patricia Ann Krenek (term expires 09/01/2013); and Shelley Weidner (term expires 09/01/2013).

Medical Advisory Committee – Appointment: Edwin Reyes (term expires 02/01/2013).

Polygraph Advisory Committee – Reappoint: Teddy Lynn Ratcliff (term expires 09/01/2017).

Chairman Denton moved to agenda item N, Discussion and possible action on Commission appointments as Advisory Board liaisons. There was no discussion on this item.

The Commission did not meet in Executive Session.

Chairman Denton moved to agenda item Q, Discussion of date, time and location of future Commission meetings. A date in late October or early November will be determined at a later time.

The meeting was adjourned at 2:57 p.m.

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

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