Texas Department of Licensing and Regulation

Texas Commission Of Licensing and Regulation Meeting of October 28, 2010

TEXAS COMMISSION OF LICENSING AND REGULATION

Meeting of October 28, 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 9:03 a.m., Thursday, October 28, 2010. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners Lewis Benavides, Fred Moses, and Lilian Norman-Keeney. 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; Pam Legate, Assistant General Counsel; Della Lindquist, Assistant General Counsel; Glen Bridge, Director of Information Systems Development; Don Dudley, Director of Education and Examination; Lee Parham, Manager of Business and Occupations; Christina Kaiser, Director of Enforcement; Gene Mays, Director of Customer Service; Simon Skedd, Director of Network Services; and Kay Mahan, Executive Assistant.

Mike Arismendez, seconded by Lewis Benavides, moved to approve the minutes of the meeting of September 21, 2010. The motion was passed by unanimous vote.

Mike Arismendez, seconded by Lilian Norman-Keeney, moved to excuse the absence of Commissioners LuAnn Morgan and Deborah Yurco. 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 D1, Contested Cases. The final action on each Proposal for Decision is as follows:

Docket Number AUC2008000736D/452-10-1243.AUC, TDLR v. Morris Taibel. Mike Arismendez, seconded by Lewis Benavides, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number BAR2010005894L/452-10-4651.BAR, TDLR v. Frankie Lee Hills. Lilian Norman-Keeney, seconded by Mike Arismendez moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Numbers BOX2009012603D, BOX2010000877D, & BOX2010002799D/452-10-2551.BOX, TDLR v. Chip Thornsburg & Texas Association of Mixed Martial Arts. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal For Decision with the addition of language discussed. The motion was passed by unanimous vote.

Docket Numbers BOX2008003820D, BOX2009000563D, BOX2010000143C, BOX2010000144C, BOX2010000194C, BOX2010000224C, BOX2010000238C, BOX2010000281D, BOX2010000314C, BOX2010000457C, BOX2010000676C, BOX2010000698D, BOX2010000860C, BOX2010000992C, BOX2010002609C, & BOX2010001582C/452-10-2801.BOX, TDLR v. Julio Marines d/b/a Marines Promotions. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2009008663C/452-10-2371.COS, TDLR v. Alassane Samb d/b/a Cullen Braid Center. Mike Arismendez, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2009010710D/452-10-3886.COS, TDLR v. Eva F. Craig. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision including a $500 penalty. The motion was passed with Mike Arismendez and Lewis Benavides voting in dissent.

Docket Number COS2010005654C/452-10-4179.COS, TDLR v. Hoang Cuong Van d/b/a Angel Nails. Fred Moses, seconded by Lewis Benavides, moved to accept the Proposal for Decision as presented. The motion was passed with Mike Arismendez and Lilian Norman-Keeney voting in dissent.

Docket Number ELC2009001511C/452-10-0713.ELC, TDLR v. Isaac M. Flores. Fred Moses, seconded by Lilian Norman-Keeney, moved to remand this case back to SOAH (State Office of Administrative Hearings). The motion was passed with Mike Arismendez voting in dissent.

The meeting was recessed at 11:16 a.m.

The meeting was reconvened at 11:30 a.m.

Commissioner Mike Arismendez left the meeting at 11:16 a.m.

Docket Number ELC2010002675L/452-10-1869.ELC, TDLR v. Forrest J. Whichard IV. Lilian Norman-Keeney, seconded by Lewis Benavides, moved to deny the Proposal for Decision and deny the application for license renewal. The motion was passed by unanimous vote.

Docket Number ELC2009002637C/452-10-2378.ELC, TDLR v. James Murray. Fred Moses, seconded by Lewis Benavides, moved to accept the Proposal for Decision with no penalty assessed. The motion was passed by unanimous vote.

Docket Number ELC2010001845L/452-10-4450.ELC, TDLR v. Johnny R. Player Jr. Fred Moses, seconded by Lilian Norman-Keeney, moved to deny the Proposal for Decision and revoke the license. The motion was passed by unanimous vote.

Docket Numbers TOW2009009763D & VSF2009009794D/452-10-0112.TOW, TDLR v. Curtis Delancey d/b/a Flash Wrecker Service. Fred Moses, seconded by Lewis Benavides, moved to accept the Proposal for Decision and reduce the penalty to $1,000. The motion was passed with Lilian Norman-Keeney voting in dissent.

Docket Number TOW2009012271C/452-10-3112.TOW, TDLR v. Jeanna’s Towing and Recovery. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed with Lewis Benavides 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 BAR2009000916D/452-10-1661.COS, TDLR v. Antonio Conner. Lilian Norman-Keeney, seconded by Lewis Benavides, moved to deny the request for continuance. The motion was passed with Fred Moses voting in dissent.

Docket Numbers BAR2009000916D/452-10-1661.COS, TDLR v. Antonio Conner; COS2010003766D/452-10-5314.COS, TDLR v. Grapevine Salons on Rio Grande LLC d/b/a Grapevine Salons on Rio Grande; and ELC2010003781C/452-10-4166.ELC, TDLR v. Frederick Sepulvado d/b/a Sign Maintenance & Installation Inc. Fred Moses, seconded by Lilian Norman-Keeney, 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 ACR2009011165C, TDLR v. John Wilson; ACR2009012439C, TDLR v. Jody Hall d/b/a Hall Heating and A/C; ACR2009012934I, TDLR v. Luis Martinez; ACR2009012937D, TDLR v. Nick Ivanoff d/b/a Diamond Maintenance and Home Remodeling; ACR2010002393S, TDLR v. Allen Smith d/b/a ATS Services; ACR2010002847C, TDLR v. Jess Ortiz d/b/a Jesse’s A/C and Heat; ACR2010003595C, TDLR v. Roger Bullock d/b/a Bullock Mechanical Air A/C & Air Quality; BAR2009003305D, TDLR v. Marvin Fox d/b/a Cut’z Creator Barber and Beauty Salon; BAR2009003538D & BAR2009003601D, TDLR v. Aric Traun Barnett d/b/a Southwest Finest Barber Shop; BAR2009003547D, TDLR v. Darryl Alan Kemper; BAR2009003550D, TDLR v. Robert Lonnie James; BAR2009007251D, TDLR v. Lucy Montalbano d/b/a Zambazi Beauty Parlor; BAR2009009485C, TDLR v. Belone O. Francis d/b/a Phenomenon/Berlon Cuts; BAR2009009773D, TDLR v. Kurtis Dumas; BAR2009009898D, TDLR v. Lucas Durocher d/b/a Texas Barber Shop; BAR2009011557D, TDLR v. Marcy Campbell d/b/a Mr. P’s Barber Shop; BAR2010001937D, TDLR v. Raymond Choyce and Terry McGaskey d/b/a Fade ‘Em Up Barber Shop; BAR2010002839D, TDLR v. Keith Lark; BAR2010003667D, TDLR v. Rickie Holcomb; BAR2010003724D, TDLR v. Arnulfo Barajas; BAR2010003914D, TDLR v. Troy Dorsey; BAR2010006401D, TDLR v. Brandon Lawson; BAR2010007758D, TDLR v. Otto M. Harrison; BAR2010008361C, TDLR v. Rebecca Washington; BAR2010009585D, TDLR v. Shawn J. Lawrence; BAR2010010283D, TDLR v. Seung Ho Lee d/b/a Oriental Barber Shop; COS2009003685D, TDLR v. Texas Beauty II, LLC d/b/a Beauty First; COS2009004760D, TDLR v. Cam Thi Nguyen d/b/a Regal Nails; COS2009005761D, TDLR v. Linda Truong d/b/a Jolie Nails; COS2009006583D, TDLR v. Cong Van Hoang; COS2009006585D, TDLR v. Cindy K. Hoang; COS2009006592D, TDLR v. Qanh Thi Mac; COS2009006596D, TDLR v. Diem Phuong Ngo; COS2009006660D, TDLR v. Phuoc Van Pham; COS2009006664D, TDLR v. Quoc Vu Pham; COS2009006840D, TDLR v. Keiu Khiem Tran; COS2009006894D, TDLR v. Kim-Oanh Thi Vu; COS2009006896D, TDLR v. Tran Bao Vuong; COS2009007080D, TDLR v. Denise Britt; COS2009008222D, TDLR v. Yahara De La Garza; COS2009008285D, TDLR v. Sandra Jones d/b/a God’s Glory Hair Salon; COS2009008507C, TDLR v. Carole R. Ward; COS2009008746D, TDLR v. Minerva Martinez d/b/a Fantastik Cuts BTY Salon Unise; COS2009009051D, TDLR v. Le Thi Ha; COS2009009763D, TDLR v. Anh T. Nguyen d/b/a Le Nail; COS2009010109C, COS2010002914C & COS2010008642D, TDLR v. Samuel Trinh d/b/a Oasis Day Spa and Nails #4; COS2009010681D, TDLR v. Ndeye Angele Ndiaye; COS2009010683D, TDLR v. Halimatou Diallo; COS2009011574D, TDLR v. Ron Babineaux; COS2009011861D, TDLR v. Olga Longoria; COS2009012089D, TDLR v. Brissa Aragones Brissa’s Beauty Salon; COS2009012247D, TDLR v. Rebecca Armstrong d/b/a Becky’s Salon; COS2010002402C, TDLR v. Tuan Quang Dang d/b/a Lani Nails; COS2010002737D, TDLR v. Diana Humphries; COS2010002901D, TDLR v. Makesha Shaw; COS2010002909D, TDLR v. Amanda Vega d/b/a Serendipity Salon; COS2010003414C, TDLR v. Sin Hwa Chin d/b/a A&H Penny Haircut; COS2010005214C, TDLR v. Dale Edward Robinson; COS2010005367D, TDLR v. Thu-Dung Thi Nguyen d/b/a DN Nails; COS2010005404D, TDLR v. Nhi Ai Tran d/b/a Regal Nails Salon & Spa; COS2010005512D, TDLR v. Dionne R. Ford d/b/a Precise Salon; COS2010006007D, TDLR v. Mary Mendy; COS2010006009D, TDLR v. Anuluwapo Yerokum; COS2010006010D, TDLR v. Yandeh Touray; COS2010006539D, TDLR v. Lan Thi Nguyen d/b/a Top Nails; COS2010007279D, TDLR v. Gregoria Alanis d/b/a Gaby De Coahvila 183; COS2010007568D, TDLR v. Derrick D. Gatlin; COS2010007592D, TDLR v. Miriam S. Cooke d/b/a Miram’s Hair Salon; COS2010007627D, TDLR v. Felix Alberto Hernandez d/b/a Mr. Albert’s Discount Hair Center; COS2010007630D, TDLR v. Adriana Alvarez; COS2010007643D, TDLR v. Luc Tri Le d/b/a Roxy Nails Spa; COS2010008036D, TDLR v. Gema Ramirez d/b/a Vista Cuts; COS2010008628D & COS2010008629D, TDLR v. Maria Acevedo & Esthela Oleva d/b/a Casual Beauty Salon; COS2010008876D, TDLR v. Lisa Etheridge d/b/a Cut Ups; COS2010009344D, TDLR v. Manuel Villareal; COS2010009736D, TDLR v. Phong Le d/b/a Pro Nails Plus; COS2010010001D, TDLR v. Ana Isabel Delarosa d/b/a Sophisticuts & More; COS2010010054D, TDLR v. Nhu-Thao Thi Ho d/b/a Nail N Beauty; COS2010010335D, TDLR v. Phuc Vinh Truong d/b/a T L Nails; COS2010010365D, TDLR v. Cecilia Calvo; COS2010010401D, TDLR v. Norma R. Montenegro; COS2010010422D, TDLR v. Non Pham d/b/a Nails Time; COS2010010676D, TDLR v. Patsy Hudson d/b/a A Cut of Heaven; ELC2007004307D, TDLR v. James Jackson, Sr. d/b/a All Bright Electrical Services; ELC2009000394D, TDLR v. John Urista d/b/a Blue Electric; ELC2009005483C, TDLR v. Schon Jones d/b/a Willowbend Pools; ELC2009005797C, TDLR v. Brent Murray d/b/a Brent Murray Builders; ELC2009005910C, TDLR v. Paul Fulks d/b/a Innovative Sign Group; ELC2009010593C, TDLR v. Daniel Alvarado d/b/a Dan’s Electric; ELC2010003035S, TDLR v. Thomas Morgan d/b/a T & M Contractors; ELC2010005007I, TDLR v. Raymond Zalapa d/b/a Signstop; ELC2010007419L, TDLR v. Erik Ruiz; ELC2010009111L, TDLR v. John Maready; ELC2010011070L, TDLR v. Robert A. Poloski; ELC2010011079L, TDLR v. David Guerra; ELC2010012106L, TDLR v. Jose C. Ramos, Jr.; ELE2010002858D, TDLR v. Eleven Siette LLC; SCP2010007744C & SCP2010008807C, TDLR v. Michael Calozza d/b/a Agape Auto Warranties; SCP2010009923C, TDLR v. Michael Calozza d/b/a Agape Auto Warranties; TOW2009004663C, TDLR v. Fernando Davila d/b/a Lone Star Towing Service; TOW2009005119C, TDLR v. Fernando Davila d/b/a Lone Star Towing Service; TOW2009010678C & TOW2010004311C, TDLR v. Deana Rash d/b/a Extreme Collision & Towing; TOW2009011498C, TDLR v. Angel Jose Gonzales d/b/a Right Way Towing; TOW2009011964D, TDLR v. Michael G. Sharp; TOW2009012357C & TOW2010000739C, TDLR v. National Auto Collision, Inc.; TOW2009013282D & TOW2010009989D, TDLR v. Terry Burns and Shawn Mahra d/b/a Texas Outlaw Recovery; TOW2010000826D, TDLR v. Eloy Guerrero; TOW2010001803D, TDLR v. Cesar D. Canas; TOW2010002298C, TDLR v. Colvin Transmission, Inc.; TOW2010002530C, TDLR v. Everett Johnson d/b/a Cheezy’s; TOW2010006001D, TDLR v. Michael Stringer d/b/a The Best Wrecker Service; TOW2010009548L, TDLR v. Ruben Saucedo; VSF2009010119D, TDLR v. Anay Ortiz; VSF2009011773D, TDLR v. Matt Brown Auto Body Works, Inc.; VSF2009011777D, TDLR v. Heather Arambula; VSF2009012002C, TDLR v. South Belt Wrecker, Inc.; and, WWD2008008441C, WWD2009013004D, & WWD2010003270D, TDLR v. Douglas Stowe d/b/a Mesquite Drilling. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Default Orders as presented. The motion was passed by unanimous vote.

Docket Numbers ACR2009002676C, TDLR v. Sean Hall d/b/a Around the Clock A/C & Heating; BAR2009010061D, TDLR v. Emilio S. Mejia d/b/a Los Padrinos; BAR2009011947D, TDLR v. Tamica Bradford d/b/a Rare Elegance; BAR2009012449C, TDLR v. Oscar C. Lozano; BAR2010002803D & BAR2010002805D, TDLR v. Myriam Zaoui and Eric Malka d/b/a The Art of Shaving; BAR2010010333D, TDLR v. Kevin Lewis d/b/a Kevin’s Barber; BLR2010008181D, TDLR v. Mangat International Hotel LLC; COS2009001571D, TDLR v. Marla Macias d/b/a Marly’s Beauty Care; COS2009004653D, TDLR v. Darrin Widemon d/b/a De Ja Vu Designs & Styles; COS2009006564D, TDLR v. Tam T. Bui; COS2009006569D, TDLR v. Catherine Dang; COS2009006575D, TDLR v. Linh Kieu Dinh; COS2009006841D, TDLR v. Lana Ngoc Thi Tran; COS2009010442D, TDLR v. Jeni Vipperman; COS2009011229D, TDLR v. Guillermina Chavira; COS2009011747D, TDLR v. Christiana Omorojie d/b/a C&J Hair Salon; COS2009012228D, TDLR v. Nora Castanon d/b/a The Looks of Impressions; COS2010002950C, TDLR v. Brian Phan and Ky Phan d/b/a KT Nails; COS2010007017D, TDLR v. Norma Rogers d/b/a Hair by Norma; COS2010007640D & COS2010007641D, TDLR v. Dung Nguyen and Christy Phan d/b/a Lux Nails & Spa; COS2010008214D, TDLR v. Thu Thi Mong Ngo; COS2010009994D & COS2010009995D, TDLR v. Alan Cloud and Cecilia Cloud d/b/a Above the Clouds; COS2010010037D, TDLR v. Liz Diem Nguyen d/b/a AK Nails; COS2010010282D, TDLR v. Nancy Trinh d/b/a Loving Hair; COS2010010332D, TDLR v. Kim D. Nguyen d/b/a Fashion Nails; COS2010011414D, TDLR v. Manoj Rao d/b/a Star Hair Salon; EAB2009005092C, TDLR v. Christopher Muschalek; ELC2010000050C, TDLR v. Donnie J. Watson d/b/a Watson Electric; TOW2009005072D, TOW2009007275C, TOW2009007311C & TOW2009007582C, TDLR v. Jacque Chestnut d/b/a Chestnut Wrecker Service; TOW2009011544C & VSF2010008354D, TDLR v. Floyd Crouch d/b/a FGC Towing; TOW2010001349C, TDLR v. Julio M. Alvarado d/b/a Mundial Motors; VSF2009007315C & VSF2009007658C, TDLR v. Vance Chestnut d/b/a Chestnut Wrecker Service; and, VSF2009011428C, VSF2009011591D, VSF2010004029C & VSF2010005839C, TDLR v. Paul Taylor d/b/a Global Wrecker Service. The Commission took no action on these cases.

Chairman Denton moved to agenda item N, Executive Session at 12:24 p.m.

The meeting was reconvened at 1:00 p.m.

Chairman Denton moved to agenda item O, Action on items discussed in Executive Session. Regarding item F – Discussion and possible action on a proposed settlement agreement with plaintiff/respondent Nasim Rajabali in the following matters: Ashish Patel et al. v. Texas Department of Licensing and Regulation et al., Cause No. D-1-GN-09-004118 in Travis County District Court; Nasim Rajabali v. Texas Department of Licensing and Regulation et al., Cause No. D-1-GN-10-000157 in Travis County District Court; and Commission Docket No. COS2009001661D – Lewis Benavides, seconded by Lilian Norman-Keeney, moved to authorize a settlement agreement with Respondent. The motion was passed by unanimous vote. Regarding item G – Discussion and possible action on Respondent’s offer to settle a matter currently with the Office of the Attorney General for collection, Docket No. COS2010003656D, Texas Department of Licensing and Regulation v. Roel, Inc., d/b/a Touch Day Spa – Lewis Benavides, seconded by Lilian Norman-Keeney, moved to authorize a settlement agreement with Respondent. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Presentation and discussion regarding Project ReIntegration of Ex-Offenders (RIO). Loretta Robertson, Program Supervisor with Project Rio addressed the Commission, gave an overview of the program and answered questions.

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

Docket Number BAR2010008570D, TDLR v. Kimble Cooper. Fred Moses, seconded by Lilian Norman-Keeney, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2009007536D, TDLR v. Chad Willis. Fred Moses, seconded by Lewis Benavides, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2009010907D, TDLR v. Maria Rodriguez d/b/a La Perfecto Salon. Lilian Norman-Keeney, seconded by Lewis Benavides, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2009012192D, TDLR v. Lyudmila Lara. Fred Moses, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010003642D, TDLR v. Bil Mar Development Company LLC d/b/a Glitz Hair Salon. Fred Moses, seconded by Lilian Norman-Keeney, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010005151D, TDLR v. Diane E. Galbraith. Lilian Norman-Keeney, seconded by Fred Moses, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2010007376D, TDLR v. Liliana Fernandez d/b/a Bella Studio. Fred Moses, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number ELC2010005075L/452-10-3391.ELC, TDLR v. Douglas Cleveland. Fred Moses, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number IHB2010004789D, TDLR v. Sid Dean d/b/a Marlin Enterprises. Fred Moses, seconded by Lilian Norman-Keeney, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number WWD2009005048D, TDLR v. Michael R. Miller d/b/a City Survey. Fred Moses, seconded by Lilian Norman-Keeney, moved to grant the Rehearing. The motion was passed by unanimous vote.

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

  • Architectural Barriers Advisory Committee – Reappointments: Rob Roy Parnell (term expires 08/31/2013); and Charles R. Hunter (term expires 08/31/2013).
  • Water Well Drillers Advisory Council – Reappointments: Lonnie C. Ball, appointed Presiding Officer, (term expires 09/15/2016), Virgil B. Clark (term expires 09/15/2016), Billy R. Lange (term expires 09/15/2016), Ray Reed (term expires 09/15/2016), and Raymond O. Whisenant, Jr. (term expires 09/15/2016).

Chairman Denton moved to agenda item H, Discussion and possible action on proposed adoption of amendments at 16 Texas Administrative Code, Chapter 83, §§83.22, 83.71, and 83.80 to create a temporary beauty salon, specialty salon and a dual shop license and to eliminate the square footage requirements for salons in the cosmetology program. Fred Moses, seconded by Lilian Norman-Keeney, moved to approve the amendments as presented with an effective date of December 15, 2010. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Discussion regarding streamlining the default order process by the Commission delegating approval of default orders. Brad Bowman, General Counsel and Christina Kaiser, Enforcement Director, made a presentation to the Commission. The Commission took no action on this item.

Chairman Denton moved to agenda item Q, Adjournment. The meeting was adjourned at 2:12 p.m.

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

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