Texas Commission Of Licensing and Regulation Meeting of September 30, 2009

Meeting of September 30, 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 9:08 a.m., Wednesday, September 30, 2009. 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; Charles Johnson, Assistant General Counsel; Lynn Latombe, Assistant General Counsel; Pamela Legate, Assistant General Counsel; Della Lindquist, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

Mike Arismendez, seconded by Deborah Yurco, moved to excuse the absences of Commissioners Lewis Benavides and Lilian Norman-Keeney. The motion was passed by unanimous vote.

Mike Arismendez, seconded by Deborah Yurco, moved to approve the minutes of the meeting of August 27, 2009. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item C, Public Comment. A comment was heard from: Pat Johnson regarding 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 TOW2009005167L/452-09-3789.TOW, TDLR v. Curtis Bradley. Fred Moses, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2009004817L/452-09-3785.TOW, TDLR v. Bobby Hackett, Jr. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2008008239L/452-09-3032.TOW, TDLR v. John Thompson. Mike Arismendez, seconded by Deborah Yurco, moved to deny the Proposal for Decision as presented. The motion was passed by unanimous vote.

Commissioner LuAnn Morgan arrived at 9:32 a.m.

Docket Number ACR2007001823M/452-09-3555.ACR, TDLR v. Isaac Brooks d/b/a I.R. Brooks A/C Heating & Electrical. Deborah Yurco, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed with Mike Arismendez voting in dissent.

Docket Number WWD2008003473C/452-08-3788.WWD, TDLR v. Douglas Stowe d/b/a Mesquite Drilling. Fred Moses, seconded by Mike Arismendez, moved to continue this case to the next Commission meeting. The motion was passed by unanimous vote.

Docket Number TOW2009000398L/452-09-3018.TOW, TDLR v. Robert Longona, Jr. Deborah Yurco, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2008009523L/452-09-2582.TOW, TDLR v. Steven Glen Parker. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2009001306L/452-09-3437.TOW, TDLR v. Paul Owens. Deborah Yurco, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion failed with Mike Arismendez and Frank Denton voting in dissent, and with LuAnn Morgan recused. This case will be heard again at the next Commission meeting.

Docket Number ELE2007005438D/452-09-3476.ELE, TDLR v. Old Havana Inn, LLC, Havana House Riverwalk Inn. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

The meeting was recessed at 10:24 a.m.

The meeting reconvened at 10:37 a.m.

Docket Number COS2009000081D/452-09-0608.COS, TDLR v. Lanh N. Tran d/b/a Q Nails. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision with a total penalty of $4,000. The motion was passed with Fred Moses voting in dissent.

Docket Number COS2008005652D/452-09-3530.COS, TDLR v. Aissalou Daigne-Mayes d/b/a Aisha’s Braids. LuAnn Morgan, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2008005613C/452-09-2221.COS, TDLR v. Sang Van Nguyen d/b/a Da Vi Nails. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The Motion was passed by unanimous vote.

Docket Number ELC2008009583L/452-09-2584.ELC, TDLR v. Chad Miller. Deborah Yurco, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed with LuAnn Morgan voting in dissent.

Docket Number ELC2009001053L/452-09-3030.ELC, TDLR v. Michael Lang. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2008007579L/452-09-2023.ELC, TDLR v. Ronald J. Gressett. Deborah Yurco, seconded by Mike Arismendez, moved to deny the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2008009011L/452-09-2565.ELC, TDLR v. Gerardo Menindez. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion failed with Fred Moses and LuAnn Morgan voting in favor; and Mike Arismendez, Frank Denton and Deborah Yurco voting in dissent. Deborah Yurco, seconded by Mike Arismendez, moved to deny the Proposal for Decision. The motion was passed with Mike Arismendez, Frank Denton and Deborah Yurco voting in favor; and Fred Moses and LuAnn Mogan voting in dissent.

Docket Number ELC2008004969L/452-09-2008.ELC, TDLR v. Floyd R. Moore. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2009001621D/452-09-2859.COS, TDLR v. Jazmina N. Jaimes d/b/a Jazmin’s Salon. Deborah Yurco, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed with LuAnn Morgan voting in dissent.

The meeting was recessed at 12:10 p.m.

The meeting reconvened at 1:01 p.m.

Docket Number BAR2009001040L/452-09-3031.BAR, TDLR v. Kevin Hall. LuAnn Morgan, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Consideration and possible action on a Motion for Rehearing filed by David G. Pfeuffer, Attorney, Docket No. TOW2009000996C (Texas Department of Licensing and Regulation v. Wes Studdard d/b/a Bluebonnet Collision Center of San Marcos). LuAnn Morgan, seconded by Fred Moses, moved to grant the Rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Consideration and possible action on a Motion for Rehearing filed by James C. Thompson, Docket No. TOW2009000568L (Texas Department of Licensing and Regulation v. James C. Thompson). Mike Arismendez, seconded by Deborah Yurco, moved to deny the Rehearing. The motion was passed with Fred Moses voting in dissent.

Chairman Denton moved to agenda item G, Consideration and possible action on a Motion for Rehearing filed by Phil Martinez, Attorney, Docket Nos. COS2007005550C, COS2007005549C (Texas Department of Licensing and Regulation v. Rang Phu Huynh and Thuy Thanh Vo aka Thanh-Thuy Thi Vo). Mike Arismendez, seconded by Deborah Yurco, moved to deny the Rehearing. The motion was passed with Fred Moses voting in dissent.

The meeting was recessed at 1:45 p.m.

The meeting reconvened at 1:51 p.m.

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

Docket Number COS2009001590D/452-09-2027.COS, TDLR v. Tammy Pressel. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision and include a penalty of $1,500. The motion was passed by unanimous vote.

Docket Number VSF2009003260L/452-09-2215.VSF, TDLR v. Mark Embrey. Fred Moses, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number BAR2009002619L/452-09-2877.BAR, TDLR v. Kyrone D. Pinkston. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2008008169L/452-09-3029.ELC, TDLR v. Sergio Quintero. Mike Arismendez, seconded by Fred Moses, 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 each Proposal for Decision is as follows:

Docket Number ELC2009004869D/452-09-3434.ELC, TDLR v. David Rivera, Jr. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed with Mike Arismendez voting in dissent.

Docket Numbers ACR2007004792C/452-09-1487.ACR, TDLR v. Jesse A. Galvan; ACR2006001018C/452-09-2226.ACR, TDLR v. John David Hodges d/b/a Southern Comfort Cooling & Heating; BAR2008004695D/452-09-3528.BAR, TDLR v. Carmel Foster d/b/a King Barbers; ELC2008007654L/452-09-3782.ELC, TDLR v. David M. Payne; TOW2009006735L/452-09-3439.TOW, TDLR v. Stacy Schultz; ELC2009004651L/452-09-3231.ELC, TDLR v. William C. Moore; VSF2008006797C/452-09-1629.VSF, TDLR v. Holmes Road Storage; VSF2009002738D/452-09-2505.VSF, TDLR v. Holmes Road Storage; and ELC2008006132I/452-09-0507.ELC, TDLR v. Robert Allison. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposals for Decision as presented. 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 Jonathan Walsh, Docket No. ACR2008007600S (Texas Department of Licensing and Regulation v. Jonathan Walsh). Fred Moses, seconded by Mike Arismendez, moved to deny the 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 Dale Allen Moore, Docket No. ACR2008008138L (Texas Department of Licensing and Regulation v. Dale Allen Moore). LuAnn Morgan, seconded by Fred Moses, moved to deny the Rehearing. The motion was passed by unanimous vote.

Commissioner LuAnn Morgan departed the meeting at 1:20 p.m.

Chairman Denton moved to agenda item J, Consideration and possible action on a Motion for Rehearing filed by Mark Hull, Attorney, Docket Nos. VSF2008007407C, VSF2008007995C, VSF2008009055C, VSF2008009123C, VSF2008009516C, VSF2009000919C (Texas Department of Licensing and Regulation v. Issa Aljirbi d/b/a West Houston Auto Storage). Fred Moses, seconded by Mike Arismendez, moved to grant the Rehearing. The motion was passed by unanimous vote.

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

  • Air Conditioning and Refrigeration Contractors Advisory Board – New appointment: Patrick Kiley (term expires 2/01/2015)
  • Architectural Barriers Advisory Committee – Reappointments: Andrew Combs (term expires 8/31/2012); B. Todd Gritch (term expires 8/31/2012); and Philip G. Pearce (term expires 8/31/2012); New appointment – Nancie Etzel (term expires 8/31/2012)
  • Auctioneer Education Advisory Committee – Reappointments: Jim Sample, Presiding Officer (term expires 9/01/2011); and Norman Seaton (term expires 9/01/2011); New appointment – Patricia Krenek (term expires 9/01/2011).
  • Advisory Board on Cosmetology – Reappointment: Glenda Jemison (term expires 9/29/2015); New appointments: Carolee Nguyen (term expires 9/29/2011); Ron Robinson (term expires 9/29/2013); and Rojean Brewer (term expires 9/29/2015).
  • Property Tax Consultants Advisory Council – New appointment: Mitchell Katine (term expires 2/01/2012).
  • Polygraph Advisory Committee – New appointment: Michael A. McDougal (term expires 2/01/2013).
  • Towing, Storage and Booting Advisory Board – New appointment: John Stinett (term expires 2/01/2013).

The Commission did not meet in Executive Session.

Chairman Denton moved to agenda item N, Discussion of date, time and location of future Commission meetings. The next meeting date was tentatively set for October 20th & 21st.

The meeting was adjourned at 2:33 p.m.

Frank Denton, Chairman
Texas Commission of Licensing and Regulation

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