Texas Commission Of Licensing and Regulation Meeting of November 16, 2009

Meeting of November 16, 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 1:03 p.m., Monday, November 16, 2009. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners Lewis Benavides, LuAnn Morgan, 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; 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 Tamala Fletcher, Executive Assistant.

Mike Arismendez, seconded by Deborah Yurco, moved to approve the minutes of the meeting of October 20, 2009. The motion was passed by unanimous vote.

Commissioner LuAnn Morgan arrived at 1:05 p.m.

Chairman Denton moved to agenda item C, Public Comment. Public comments were heard from Dan Hart & Betty Lee Hart concerning the Property Tax Professionals program; and Pat Johnson regarding the Towing program.

LuAnn Morgan, seconded by Mike Arismendez, moved to excuse the absence of Commissioner Fred Moses. The motion was passed by unanimous vote.

The meeting was recessed at 1:26 p.m.

Chairman Denton moved to agenda item N, Executive Session.

The meeting was reconvened at 1:46 p.m.

No action was taken in the Executive Session.

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

Docket Number ELC2009002672L/452-09-5600.ELC, TDLR v. James F. Naquin. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed with LuAnn Morgan voting in dissent.

Docket Number COS2008010091D/452-09-4673.COS, TDLR v. Hien Nguyen d/b/a Avenue Nails. Deborah Yurco, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2009005016L/452-09-3440.ELC, TDLR v. Charles Baucum. Mike Arismendez, seconded by Deborah Yurco, moved to deny the Proposal for Decision and revoke the license. The motion was passed by unanimous vote.

Docket Number ELC2009006060L/452-09-4187.ELC, TDLR v. Bobby J. Vaughn, Jr. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed with LuAnn Morgan voting in dissent.

Docket Number ELC2009006447L/452-09-3441.ELC, TDLR v. Alex Zertuche. Deborah Yurco, seconded by LuAnn Morgan, moved to accept the Proposal for Decision including a license revocation probated for 2 years. The motion was passed with Lilian Norman-Keeney voting in dissent.

Docket Number ELC2009006669L/452-09-4185.ELC, TDLR v. Morris Timmermann. Mike Arismendez, seconded by Deborah Yurco, moved to deny the Proposal for Decision. The motion was passed with Lewis Benavides and LuAnn Morgan voting in dissent.

Docket Number TOW2009001306L/452-09-3437.TOW, TDLR v. Paul A. Owens. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed with Frank Denton voting in dissent and LuAnn Morgan abstaining.

The meeting was recessed at 3:25 p.m.

The meeting was reconvened at 3:40 p.m.

Docket Number ACR2009009928L/452-09-5327.ACR, TDLR v. Elex Bradley. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2009001899L/452-09-4188.ELC, TDLR v. Dudley W. Madera. 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 BAR2009001712D/452-09-2222.BAR, TDLR v. James R. Portley d/b/a J.P. Barber Shop. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed with Mike Arismendez and Lewis Benavides voting in dissent.

Docket Number COS2008007512D/452-09-1922.COS, TDLR v. Imperial Salons, LLC d/b/a Imperial Salons. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision and include a penalty of $1,000 per violation for a total of $2,000. The motion was passed by unanimous vote.

Docket Number ELC2009003501L/452-09-2228.ELC, TDLR v. Solomon Watson. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to deny the Proposal for Decision and revoke the license. The motion was passed by unanimous vote.

Docket Number ELC2009003647L/452-09-4186.ELC, TDLR v. Mitchell Gillette. Deborah Yurco, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number BAR2008000544D, COS2008009790D, BAR2008009730D & BAR2008009782D/452-08-3292.BAR, TDLR v. Marc T. Hayes d/b/a Freeloaders Barber Shop. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to pass this case to the next meeting. The motion was passed with Lewis Benavides and Deborah Yurco voting in dissent.

Docket Number ELC2009005264L/452-09-3783.ELC, TDLR v. James M. Perez, Jr. 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 ELC2009005668L/452-09-5186.ELC, TDLR v. Miguel O. Saenz. Deborah Yurco, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2009003992S/452-09-4671.COS, TDLR v. Carla M. Deruisseau. Deborah Yurco, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed with Frank Denton 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 Numbers BAR2007003074D/452-09-2645.BAR, TDLR v. Tommie Joes Reeves d/b/a Million Dollar Hair Cuts; ACR2008000825C/452-09-4895.ACR, TDLR v. Michael Odum d/b/a Red River Refrigeration, Inc.; ELC2008007641S/452-09-3617.ELC, TDLR v. Kennedy Weaver; and BAR2008003907D/452-09-4058.BAR, TDLR v. James Corey Hartley d/b/a Cut Doctors of Katy #2. LuAnn Morgan, 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 D3, Uncontested Cases/Default Cases heard before the TDLR. The final action on each proposed Default Order is as follows:

Docket Numbers TOW2008007245C & TOW2008008593C, TDLR v. Klein Paint & Body, Inc. d/b/a Klein Paint & Body; 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; TOW2008007452C, TDLR v. Danny Johnson d/b/a Johnson’s Wrecker Service; VSF2009007784C, TDLR v. Jarod Matthews; COS2009007996D, TDLR v. Karish Zillawalla; COS2009008084D, TDLR v. Dung Van Nguyen; COS2009001650C, TDLR v. Tuyet Mai Nguyen d/b/a Keller Nails; EAB2009001975D, TDLR v. Jackie Lee Rogers; ELC2008005964C, TDLR v. Samuel A. Cook d/b/a S&W Lighting & Service; ELC2009001994C, TDLR v. Robert Kemp; BAR2009000271D, TDLR v. Jonathan Gee; BAR2009010496D, TDLR v. Andre Reese; COS2008003301D, TDLR v. Bich Thy Nguyen Ngo d/b/a Kathy’s Beauty Salon; BAR2008007125D, TDLR v. Kareem Thomas; BAR2009001635D, TDLR v. Stephanie Hadfield d/b/a Studio 704; COS2008007557D & COS2008009744D, TDLR v. Laura Cepeda and Dolores Ocana d/b/a Karellyn; COS2009006280D, TDLR v. Jill Murawski; COS2009012162D, TDLR v. Dung The Quach; WWD2007003720D & WWD2007003710C, TDLR v. Jesse Bain d/b/a Bain Water Well Service; WWD2009004569C, TDLR v. Gary Bain d/b/a Bain Water Well Service; ACR2007001073C, TDLR v. Daniel S. Ortiz; ACR2008004421C, ACR2008004440C & ACR2008004437C, TDLR v. Peggy Willis; ACR2009001638C, TDLR v. Robert A. Nickell; ACR2009004944D, TDLR v. Armando Cisneros; ELC2009003572S, TDLR v. Brian W. Adams; ELC2009004184C, TDLR v. Anthony Banks; ELC2009004723D, TDLR v. James Jarratt d/b/a Jarratt’s A-Z Home Repair and Remodeling; ACR2008000628C, TDLR v. Brad Starling; ACR2008002379D, TDLR v. Steven Stephanson; ACR2009004571C, TDLR v. Andrew Andy Adair; ACR2009008350D, TDLR v. Juan Escamilla; ELC2008005328M, TDLR v. Jimmy Flores; ELC2009006640C, TDLR v. Ricky Chamberlain; ELC2009008349D, TDLR v. Juan Escamilla; ELC2009008038L, TDLR v. Roshon Bess; ELC2009009776L, TDLR v. Michael Hernandez; ELC2009012559L, TDLR v. Aaron Martinez; ELC2009012667L, TDLR v. Alejandro Narvaez; ELE2006001646D & ELE2007000294C, TDLR v. Davis Elevator Inc.; and TOW2008010078D, TDLR v. Ronald Poore d/b/a Ron’s Towing. Deborah Yurco, seconded by Lilian Norman-Keeney, moved to accept the Default Orders as presented. The motion was passed by unanimous vote.

Docket Numbers COS2009001662D, TDLR v. Nazira Nasruddin Momin; COS2009008217D, TDLR v. Sonia Rupani; COS2009007649D, TDLR v. Julie Ann Daniel; BAR2009004664D, TDLR v. Rodney Jerome Coleman; COS2008009912C, TDLR v. Gary DeJean d/b/a Tomball Nursing Center; COS2008007128D, TDLR v. Stephanie L. Kidsy; COS2008007132D, TDLR v. Lakeisha Michelle Stamps; COS2009001417D, TDLR v. The Strand Salon, Inc. d/b/a The Strand Salon; COS2009003761C, TDLR v. Duc Thi Nguyen; COS2009010710D, TDLR v. Eva F. Craig; COS2009011994D, TDLR v. Grace Bradshaw; ACR2009003575S, TDLR v. Joshua K. Aumiller; COS2009002083C, TDLR v. Anta Dieng Diange d/b/a Classic Hair Braiding; EAB2009002880D, TDLR v. DDR DB 151 Ventures LP; ELC2009008926S, TDLR v. David Hill d/b/a Hill’s Service Co.; ACR2009009908D, TDLR v. Cordell A. Mayer; BAR2009002774D, TDLR v. Elouise West d/b/a Elouise Barber Shop; AUC2007005616D & AUC2008001055C, TDLR v. Pat Prochaska; TOW2008006923C & TOW2008007963C, TDLR v. Joey Rodriguez d/b/a Rod’s Towing & Recovery; TOW2009003193C, TDLR v. Parking Management Company, Inc. d/b/a Novel Parking Solution; VSF2008009195C, VSF2008009903C, VSF2009003194C & VSF2009005310C, TDLR v. Kasy Aburamadan d/b/a American Auto Storage Lot; and VSF2008010237C, VSF2009000894C, VSF2009000100C, VSF2009001462C, VSF2009002179C & VSF2009005345C, TDLR v. Siberia Houston LNA, LLC d/b/a Expro Auto Storage. The Commission took no action on these cases.

The meeting was recessed at 4:36 p.m.

The meeting was reconvened at 4:44 p.m.

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

Chairman Denton moved to agenda item H, Discussion and possible action on the proposed adoption of amendments to an existing rule at 16 Texas Administrative Code, Chapter 74, §74.50 regarding the elevator program to implement changes defined in House Bill 3628, 81st Legislature, Regular Session (2009), which provide an extension for building owners to delay compliance with the requirement to install elevator door restrictors and firefighter’s service and clarify notification requirements of building owners to building occupants. LuAnn Morgan, seconded by Mike Arismendez, moved to approve the rules as presented with an effective date of December 15, 2009. The motion was passed by unanimous vote.

The meeting was recessed at 4:58 p.m.

Frank Denton, Chairman
Texas Commission of Licensing and Regulation

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