Texas Commission Of Licensing and Regulation Meeting of November 1, 2011

Meeting of November 1, 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 9:02 a.m., Tuesday, November 1, 2011. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners LuAnn Morgan, 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; 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; Glen Bridge, Director, Information Systems Development; 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; Dede McEachern, Director of Licensing; Simon Skedd, Director of Network Services; and Tamala Fletcher, Executive Assistant.

Fred Moses, seconded by Lilian Norman-Keeney, moved to excuse the absence of Commissioner Ravi Shah. The motion was passed by unanimous vote.

Mike Arismendez, seconded by Deborah Yurco, moved to approve the minutes of the meeting of September 28, 2011. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item C, Public Comment. Public comments were heard from: Steve Bresnen, with NovaLash; Alvin Kaddatz, with Kaddatz Auctioneering and Farm Equipment Sales; Pat Johnson, with Texas Towing Compliance; and David King.

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

Docket Number ACR2010000289M/452-11-1716.ACR, TDLR v. George S. Garza. Deborah Yurco, seconded by Fred Moses, moved to accept the Proposal for Decision as amended. The motion was passed by unanimous vote.

Docket Number ACR2010007133C/452-11-2111.ACR, TDLR v. Ricky Robertson d/b/a Robertson Mechanical & Electrical Contractors. Fred Moses, seconded by Deborah Yurco, moved to accept the Proposal for Decision as amended. The motion was passed by unanimous vote.

Docket Number AUC2010009592R/452-11-0697.AUC, TDLR v. Patrick Prochaska d/b/a Prochaska Auction House. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Numbers COS2011002371D & COS2011002375D/452-11-4300.COS, TDLR v. Moi Nguyen and Hong Tran. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision with a penalty of $2,000. The motion was passed with Deborah Yurco voting in dissent.

Docket Number COS2011005742D/452-11-4487.COS, TDLR v. Billie Jo Kelley d/b/a Billie’s Beauty Shop. Deborah Yurco, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2011005845L/452-11-6015.ELC, TDLR v. Steven Bryant. Fred Moses, 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 10:10 a.m.

The meeting was reconvened at 10:23 a.m.

Docket Number TOW2009010869D/452-11-2992.TOW, TDLR v. Villarreal Auto Mart LLC. LuAnn Morgan, seconded by Deborah Yurco, moved to reverse the Proposal for Decision and impose a penalty of $250. The motion was passed with Mike Arismendez, Frank Denton, LuAnn Morgan and Deborah Yurco voting in favor; and Fred Moses and Lilian Norman-Keeney voting in dissent.

Docket Number ELC2010000670C/452-11-0611.ACR, TDLR v. Wayne Sloan d/b/a Sloan A/C and Heating Co. Deborah Yurco, seconded by LuAnn Moran, moved to remand this case back to TDLR without prejudice. The motion was passed by unanimous vote.

Docket Numbers TOW2010003740C, TOW2010009953C, VSF2010004156C, VSF2010008596C, VSF2010009012C, VSF2010011299C, VSF2010012175C, and VSF2011005283D/452-11-6242.TOW, TDLR v. Roadside Recovery Specialist Inc.; and Docket Numbers TOW2011001805C and VSF2011001817C/452-11-7166.TOW, TDLR v. Russell Shoonover d/b/a Texas Towing & Recovery. Deborah Yurco, seconded by Mike Arismendez, moved to remand these cases back to TDLR. The motion was passed with Frank Denton voting in dissent.

Docket Numbers TOW2011001187C and VSF2011001203C/452-11-4149.TOW, TDLR v. Roan Mare Towing d/b/a Roan Mare Transportation. Fred Moses, seconded by Deborah Yurco, moved to dismiss this case without prejudice. The motion was passed by unanimous vote.

Docket Numbers TOW2009011544C, TOW2010007916C, VSF2010007919C and VSF2010008354D/452-11-4272.TOW, TDLR v. Floyd Crouch d/b/a FGC Towing. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal 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 ELC2010001441C, TDLR v. Depaz Fontenot. Deborah Yurco, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number TOW2010009285L, TDLR v. Scott Drury. Deborah Yurco, seconded by Fred Moses, moved to deny the continuance request. The motion was passed by unanimous vote. Fred Moses, seconded by Mike Arismendez, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number VSF2011006803C, TDLR v. Jesus Figueroa d/b/a Figueroa’s Towing & Recovery Service. Fred Moses, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number TOW2010009285L, TDLR v. Scott Drury. Deborah Yurco, seconded by Fred Moses, moved to reconsider the Motion to Grant Rehearing. The motion was passed by unanimous vote.

Docket Number TOW2010009285L, TDLR v. Scott Drury. Deborah Yurco, seconded by Fred Moses, moved to reconsider the Motion to deny the continuance request. The motion was passed by unanimous vote.

Docket Number TOW2010009285L, TDLR v. Scott Drury. Deborah Yurco, seconded by Fred Moses, moved to grant the continuance. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item F, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 68, §§68.10, 68.30, 68.31, 68.50, 68.65, 68.74, 68.76, 68.80, 68.100, 68.101, and 68.102 and the repeal of §68.103 and §68.104, regarding the Elimination of Architectural Barriers program to align current rules to comply with federal law; to adopt the 2012 edition of the Texas Accessibility Standards; and to comply with HB 1055, 81st Legislature, Regular Session (2009). Mike Arismendez, seconded by LuAnn Morgan, moved to approve the rules with an effective date of March 15, 2012. The motion was passed by unanimous vote.

The meeting was recessed at 11:35 a.m.

The meeting was reconvened at 12:40 p.m.

Chairman Denton moved to agenda item G, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 72, §§72.10, 72.20 – 72.23 and 72.40, regarding the Staff Leasing Services program, to implement the final phase of changes required in HB 2249, 81st Legislature (2009). Fred Moses, seconded by Lilian Norman-Keeney, moved to approve the rules with amendment discussed with an effective date of December 31, 2011. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Discussion and possible action on the proposed amendment to an existing rule at 16 Texas Administrative Code (TAC), Chapter 57, §57.80, regarding the For-Profit Legal Service Contracts program, to reduce the original and renewal registration fees for sales representatives. Fred Moses, seconded by Lilian Norman-Keeney, moved to approve the rules with an effective date of February 1, 2012. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Discussion and possible action on the proposed amendment to an existing rule at 16 Texas Administrative Code (TAC), Chapter 79, §79.80 regarding the Weather Modification program, to increase the original and renewal license and permit fees. Fred Moses, seconded by LuAnn Morgan, moved to approve the rules with an effective date of February 1, 2012. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Discussion and possible action on the proposed amendment to an existing rule at 16 Texas Administrative Code (TAC), Chapter 88, §88.80 regarding the Polygraph Examiners program, to reduce the application fees for an original and renewal examiner and internship license. Fred Moses, seconded by Mike Arismendez, moved to approve the rules with an effective date of February 1, 2012. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item K, Discussion and possible action regarding the process for issuing default orders in contested cases heard before SOAH in which the respondent did not appear. Fred Moses, seconded by LuAnn Morgan, moved to approve the proposed process (Option 1) with amendments discussed. The motion was passed by unanimous vote.

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

Chairman Denton moved to agenda item N, Approval of appointments of members to Advisory Boards, including appointment of presiding officer. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to approve the following appointments. The motion was passed by unanimous vote.

Licensed Breeder Advisory Committee – New Appointments: Paul O’Neill (term expires 02/01/2013); Maggie Dahl (term expires 02/01/2013); Sherry Ferguson (term expires 02/01/15); Lori Teller (term expires 02/01/15); Richard Cordes (term expires 02/01/13); Gayle A. Latham (term expires 02/01/15); Babette Elllis (term expires 02/01/13); Larry Munchrath (appointment effective on date of license; term expires 02/01/13); and Steve Epperson (appointment effective on date of license; term expires 02/01/15). Fred Moses, seconded by LuAnn Morgan, moved to appoint Gayle A. Latham as presiding officer. The motion was passed by unanimous vote.

The meeting was recessed at 2:58 p.m.

The meeting was reconvened at 3:10 p.m.

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

Chairman Denton moved to agenda item M, 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 Q, Discussion of date, time and location of future Commission meetings. The next meeting date will be determined at a later time.

The meeting was adjourned at 3:37 p.m.

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

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