Texas Commission Of Licensing and Regulation Meeting of October 20, 2009

Meeting of October 20, 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 9:02 a.m., Tuesday, October 20, 2009. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners 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; Brad Bowman, General Counsel; Charles Johnson, Assistant General Counsel; Pamela Legate, Assistant General Counsel; Della Lindquist, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Glen Bridge, Director of Information Systems Development; Jerry Daniels, Director of Financial Services; Don Dudley, Director of Education and Examination; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; Gene Mays, Director of Customer Service; Dede McEachern, Director of Licensing; and Kay Mahan, Executive Assistant.

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

Mike Arismendez, seconded by Fred Moses, moved to approve the minutes of the meeting of September 30, 2009. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item E, Discussion and possible action on TDLR’s Audit Plan for FY 2010. Fred Moses, seconded by Lilian Norman-Keeney, moved to approve the Audit Plan. 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 ELC2009003293L/452-09-4192.ELC, TDLR v. Evan Bray. 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 ELC2009004645L/452-09-3790.ELC, TDLR v. Jarrett Page. 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 ELC2009005004L/452-08-3781.ELC, TDLR v. Wesley J. Pearson. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2008007719C/452-09-3230.TOW, TDLR v. Recovery Systems, Inc. Deborah Yurco, seconded by Fred Moses, moved to dismiss the Proposal for Decision. The motion was passed with Frank Denton and Lilian Norman-Keeney voting in dissent.

Docket Numbers ELC2009001944C & ELC2009001997C/452-09-2229.ELC, TDLR v. Ronald G. Childers d/b/a Electrical Installs Plus, Inc. Mike Arismendez, 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 10:35 a.m.

The meeting was reconvened at 10:55 a.m.

Docket Number WWD2008003473C/452-08-3788.WWD, TDLR v. Douglas Stowe d/b/a Mesquite Drilling. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2008008608L/452-09-2564.TOW, TDLR v. John R. Burton. Mike Arismendez, seconded by Deborah Yurco, moved to amend the Proposal for Decision to deny both licenses. The motion was passed by unanimous vote.

Docket Number TOW2009000092L/452-09-2849.TOW, TDLR v. James A. McMillan, Sr. Deborah Yurco, seconded by Fred Moses, moved to deny the Proposal for Decision as presented and deny the TOW license; and grant the VSF license to be fully probated for 1 year. The motion was passed with Frank Denton and Lilian Norman-Keeney voting in dissent.

Docket Number ELC2009005299L/452-09-4190.ELC, TDLR v. Leland R. Frazee. 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 Proposal for Decision is as follows:

Docket Number ACR2008003924C/452-09-1611.ACR, TDLR v. Leonel V. Leal d/b/a Air Choice Service. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to accept the Proposal for Decision and amend the penalty amount to $1,500. 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 TOW2009000864D/452-09-3795.TOW, TDLR v. S.M. Johnson d/b/a Jesse James Wrecker Service. Lilian Norman-Keeney, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW2009000237L/452-09-2851.TOW, TDLR v. Billy J. Jones. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to deny the Proposal for Decision and deny the license. The motion was passed by unanimous vote.

Docket Number ELC2009006321L/452-09-3442.ELC, TDLR v. Richard L. Kinsey. Lilian Norman-Keeney, seconded by Deborah Yurco, moved to deny the Proposal for Decision and revoke the license. The motion was passed with Fred Moses voting in dissent.

Docket Number TOW2009006739D/452-09-3833.TOW, TDLR v. William Rivera. Deborah Yurco, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision and amend the penalty amount to $1,000. The motion was passed with Fred Moses voting in dissent.

Docket Number VSF2008009562L/452-09-2583.VSF, TDLR v. John M. Long. Deborah Yurco, seconded by Lilian Norman-Keeney, moved to deny the Proposal for Decision and deny the license. The motion was passed by unanimous vote.

Docket Number TOW2009001306L/452-09-3437.TOW, TDLR v. Paul Owens. This case was continued until the next meeting.

Chairman Denton moved to agenda item D3, Uncontested Cases/Default Cases heard before the TDLR. The final action on each proposed Default Order is as follows:

Docket Numbers TOW2008010133C, TDLR v. Silver Towing, LLC; TOW2009001856C, TDLR v. Kimberly Nunez d/b/a Al’s Wrecker Service; TOW2009007698D & VSF2009007702D, TDLR v. Gordon Poppelz; TOW2009008675C, TDLR v. Alex Gonik d/b/a Wreckshop Towing; TOW2009010451D, TDLR v. Jaciento Reyes; COS2009001660D, TDLR v. Vigay Lakshami; COS2009001661D, TDLR v. Nasim Noormuhd Rajabali; COS2009007997D, TDLR v. Negin Nafezamini; BAR2007006628D, TDLR v. Jelanie Johnson; BAR2008006384D, TDLR v. Elias Garcia III; BAR2008007847D, TDLR v. Juan Ramirez; COS2008003412D, TDLR v. Emmer Ryan; COS2008005753D, TDLR v. Tushika S. Lacy; COS2008006947D, TDLR v. Bianca Resendez; COS2008008037D, TDLR v. Bonita Clifton d/b/a Sheer Impressions; COS2008009600D, TDLR v. Tamara Giles d/b/a Ercell’s Special Effects; COS2008010096D, TDLR v. Jennifer Huschke d/b/a Sassy Katz; COS2009003628D, TDLR v. An Q. Dao d/b/a Star Nails Fourteen; COS2009003824D, TDLR v. Rosa A. Ramirez d/b/a Rosa’s Beauty Shop; ELC2007002903C & ELC2007002905I, TDLR v. Frank Hobbs, Jr. d/b/a Construction Techniques; BAR2008009737D, TDLR v. George Will Moten; COS2007002251D, TDLR v. Namfon Songmuang; COS2008001043D, TDLR v. Ty Thi Nguyen; COS2008004584D, TDLR v. Elba M. Espinoza d/b/a Faith Salon; COS2009001216D, TDLR v. Juan Rodriguez d/b/a New Visions; COS2009001632C & COS2009001640C, TDLR v. Jessica Devon Nelson; COS2009002917D, TDLR v. Shirlonda La Gail Sheppard; COS2009006567D, TDLR v. Nguyet Thi Bui; COS2009006798D, TDLR v. Amanda Brooks Casey; COS2009008275D, TDLR v. Angeles Torres d/b/a Cut Masters; WWD2008003474C, TDLR v. Martin Almazan d/b/a Maral Drilling Machinery; PTC2008005466C, TDLR v. Jesus Marcos Salinas d/b/a Property Tax Experts; TAL2008004547C, TDLR v. Lewie Carr d/b/a Casting America; TOW2008007405C, TDLR v. Maher Elgersy and Hedi Nedhif d/b/a Grand Auto Max; TOW2009002958C, TDLR v. Maria Leyva d/b/a All American Towing; VSF2008006473C, TDLR v. Son Kim Tran d/b/a Son Auto Storage; VSF2008007756C, TDLR v. Maherf Bakie d/b/a Car Zone Storage Lot; BAR2008008082D, TDLR v. John R. Johnson; BAR2009002543D, TDLR v. Elbert Johnson d/b/a Deadend Barber Shop; COS2008007451D, TDLR v. Kevin Lee Irvin d/b/a Upscale Hair Designs; COS2008010023D, TDLR v. Julian Rodriguez; COS2009000558D, TDLR v. Syndi V. Nguyen; COS2009000945D, TDLR v. Shanika Lawand Jones; COS2009004302D, TDLR v. Stephanie Renea Burks; COS2009006103D, TDLR v. John Kaytaz d/b/a JKS in Salon; COS2009006659D, TDLR v. Shawna Reaves d/b/a Shawna’s Beauty Salon; COS2009008555D, TDLR v. Ericka Bustamante d/b/a EBS Salon; VSF2008004865C & TOW2008004812C, TDLR v. Ryder Oxford d/b/a AM/PM Towing; EAB2009006966D, TDLR v. Auriel Investments, LLC; ACR2006004971C, TDLR v. Gilbert Flores d/b/a RAD Mechanical; ACR2008009673C & ACR2009001622C, TDLR v. Mike Rempkowski d/b/a MCR Enterprise; ACR2009001442C & ACR2009001480C, TDLR v. Gregorio Hernandez d/b/a Home Systems Mechanical Contractors; ACR2008000363C, TDLR v. Trevor Prather d/b/a Trevor’s AC & Heating Service; ACR2008002044C, TDLR v. David Albright d/b/a Albright Air Conditioning & Heating; ACR2008005509C, TDLR v. Josh Ausmiller d/b/a The Drain Surgeon; ACR2008006839C, TDLR v. Eric Martin; ACR2009008950S, TDLR v. Tony Cuellar d/b/a Tony’s General Contractors; ACR2009008965S, TDLR v. Jesse Trevino; EAB2009007615D, TDLR v. Windsor at Grand Pkwy, L.P.; ELC2007004622D, TDLR v. David Tijerina; ELC2007004685I, TDLR v. Jim Lehman d/b/a Accent Lighting Designs; ELC2008007603S, TDLR v. Timothy Mason d/b/a Handyman Electrician/Computer Tech; ELC2009000955C, TDLR v. Terry J. Lewis, Sr.; ELC2009008184D, TDLR v. Marco Flores; ELC2009008948S, TDLR v. Tony Cuellar d/b/a Tony’s General Contractors; ELC2009008953S, TDLR v. Salvador Delgado d/b/a Infinite Home Services; ELC2009008955S, TDLR v. Fred Herrera d/b/a Fredco Electric; COS2009002025L, TDLR v. Margot Woods; COS2009006373L, TDLR v. Richard Martinez; ELC2009000417L, TDLR v. Louis A. Davila; ELC2009003409L, TDLR v. Dominic T. Frazier; ELC2009008408L, TDLR v. Thien H. Vo; EAB2009008032D, TDLR v. MCC Humble Auto Paint Inc.; and EAB2009007961D, TDLR v. Mario Moreno. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Default Orders as presented. The motion was passed by unanimous vote.

Docket Numbers TOW2008007245C & TOW2008008593C, TDLR v. Klein Paint & Body, Inc. d/b/a Klein Paint & Body; TOW2009000640D, TDLR v. Antonio Jones; TOW2009008467D, TDLR v. Allstar Towing & Storage, Inc. d/b/a Allstar Towing; VSF2008006776C, VSF2008006882C, VSF2008007017C, VSF2008007247C, VSF2008008203C, VSF2008008209C, VSF2008008599C, VSF2008008623C, VSF2008008675C, VSF2008008910C, VSF2008008976C, VSF2008009329C & VSF2009001906C, TDLR v. Klein Paint & Body, Inc. d/b/a Klein Paint & Body Storage Lot; VSF2008009280C, TDLR v. Juan Calderon and David Calderon d/b/a All Tex Towing; VSF2009007304D & VSF2009007305D, TDLR v. Keith Schultz d/b/a Keith’s Towing, d/b/a Keith’s Towing & Storage, d/b/a Keith’s Towing & Storage #2; COS2009003562C, TDLR v. J&D World Corp. d/b/a Pro Cuts; COS2009009207D, TDLR v. Gumaro Rojas; WWD2007006095D, TDLR v. Paul Higgins d/b/a Higgins Water Well Service; EAB2009007029D, TDLR v. III M Partners Ltd; BAR2008008284D, TDLR v. Wade D. Stroud d/b/a Kutz Unlimited; BAR2008008287D, TDLR v. Nathaniel Person; BAR2009002949D, TDLR v. Anthony J. Gordon; COS2008008227D, TDLR v. Raymon Rubio d/b/a Dorian Hair Demensions; COS2009001153D, TDLR v. Freddiland, LLC d/b/a Avida Salon and Spa; BAR2009002707D, TDLR v. Bobby M. Taylor d/b/a Legends Cuts & Fades; ELE2007006533C, TDLR v. Century Tower LTD; PTC2007000088C, TDLR v. Paul Steffeldt d/b/a Protax; COS2009003369D, TDLR v. D-Salon Downtown; ELC2009003598S, TDLR v. Nick Warren d/b/a KTK Handymen; ACR2008000824C, TDLR v. Chris Wilson d/b/a Performance Builders; EAB2009007824D, TDLR v. Systems Holding Ltd.; EAB2009008774D, TDLR v. Amreit Inc.; EAB2009009252D, TDLR v. Cameron McKinney, LLC; EAB2009010476D, TG & MG Family LP; ELC2009005788D, TDLR v. Ryan Conner; and ELC2009005796D, TDLR v. Charles T. Anthony d/b/a Scrapmetaljoe. The Commission took no action on these cases.

The meeting was recessed at 12:23 p.m.

The meeting was reconvened at 1:18 p.m.

Chairman Denton moved to agenda item F, Discussion and possible action on the proposed repeal of existing rules at 16 Texas Administrative Code (TAC) Chapter 77, §§77.1, 77.10, 77.21, 77.22, 77.70, 77.72, 77.80, and 77.90, and the proposed adoption of new rules at 16 TAC Chapter 77, §§77.1, 77.10, 77.20-77.23, 77.40-77.43, 77.70, 77.80, and 77.90, regarding service contract providers and administrators. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to approve the rules with the changes noted, effective November 16, 2009. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item G, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 90, §§90.1, 90.10, 90.20-90.24, 90.40-90.43, 90.70, 90.80, 90.90, and 90.91, regarding identity recovery service contract providers and administrators. Deborah Yurco, seconded by Lilian Norman-Keeney, moved to approve the rules as amended, effective November 16, 2009. The motion was passed by unanimous vote.

The meeting was recessed at 2:45 p.m.

The meeting was reconvened at 2:55 p.m.

The Commission took no action on Item H, Discussion and possible action to approve the Polygraph Examiners Criminal Conviction Guidelines.

The Chairman moved to agenda item I, Discussion and possible action to approve the Tax Professionals Criminal Conviction Guidelines. Lilian Norman-Keeney, seconded by Deborah Yurco, moved to approve the Guidelines. The motion was passed by unanimous vote.

The Chairman moved to agenda item L, Approval of appointments of members to Advisory Board. Fred Moses, seconded by Lilian Norman-Keeney, moved to approve the following appointments. The motion was passed by unanimous vote.

  • Board of Boiler Rules – New appointment: Robert Moseley (term expires 1/31/2013)
  • Licensed Court Interpreter Advisory Board – New appointments: Hana Laurenzo (term expires 2/01/2013); Luis Garcia (term expires 2/01/2015); Silvano Paiva (term expires 2/01/2013); and Noubough Midway (term expires 2/01/2013)
  • Towing, Storage and Booting Advisory Board – New appointment: Chris Confer (term expires 2/01/2011).

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

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

The Commission did not meet in Executive Session.

Chairman Denton moved to agenda item O, Discussion of date, time and location of future Commission meetings. The next meeting date was tentatively set for November 16th & 17th.

The meeting was adjourned at 4:04 p.m.

Frank Denton, Chairman
Texas Commission of Licensing and Regulation

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