Texas Commission Of Licensing and Regulation Meeting of December 14, 2011

Meeting of December 14, 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 9:00 a.m., Wednesday, December 14, 2011. Members present were Chairman Frank Denton, 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; Sharon Homoya, Personnel Attorney; Christina Kaiser, Director of Enforcement; Gene Mays, Director of Customer Service; Dede McEachern, Director of Licensing; Simon Skedd, Director of Network Services; and Kay Mahan, Executive Assistant.

Fred Moses, seconded by Lilian Norman-Keeney, moved to excuse the absences of Commissioners Mike Arismendez and Ravi Shah. The motion was passed by unanimous vote.

LuAnn Morgan, seconded by Fred Moses, moved to approve the minutes of the meeting of November 1, 2011. 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 COS2009012376D/452-11-5763.COS, TDLR v. Quang N. M. Huynh d/b/a T & P Nails Design. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number COS2011006993L/452-11-7608.COS, TDLR v. Tedd Hoang. Fred Moses, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC20110010537/452-11-9060.ELC, TDLR v. Jose Mojica. Deborah Yurco, seconded by Lilian Norman-Keeney, moved to deny the license renewal and revoke the license. The motion was passed by unanimous vote.

Docket Number ELC2011006700L/452-11-7103.ELC, TDLR v. Kevin McCuistion. Deborah Yurco, seconded by Fred Moses, moved to accept the Proposal for Decision as presented and deny the license. The motion was passed by unanimous vote.

Docket Number ELC2011006737L/452-11-7936.ELC, TDLR v. Charles David L. Rogers. Fred Moses, seconded by LuAnn Morgan, moved to deny the Proposal for Decision and grant the license. The motion failed with Fred Moses and LuAnn Morgan voting in favor; and Frank Denton, Lilian Norman-Keeney and Deborah Yurco voting in dissent. Lilian Norman-Keeney, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented and revoke the license. The motion was passed with Frank Denton, Lilian Norman-Keeney and Deborah Yurco, voting in favor; and Fred Moses and LuAnn Morgan 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 BOX2010008027D/452-11-3850.BOX, TDLR v. Hector Munoz. Deborah Yurco, seconded by Fred Moses, moved to accept the Proposal for Decision with at $1,500 penalty and no license suspension consistent with the settlement agreement. The motion was passed by unanimous vote.

Docket Number ELC2010000670C/452-11-0611.ELC, TDLR v. Wayne Sloan d/b/a Sloan A/C and Heating Co. Fred Moses, seconded by Deborah Yurco, moved to overturn the previous Commission Order and remand the case back to SOAH. The motion was passed by unanimous vote. Fred Moses, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Numbers ACR2010000468C/452-11-7628.ACR, TDLR v. Johnson Cauble and Yvette Jackson d/b/a Affordable Home Repair Services; ACR2010005845C & ELC2010008108D/452-10-5411.ACR, TDLR v. John Middleton d/b/a A Plumbing & Cooling; ELC2009005589C/452-11-4192.ELC, TDLR v. James W. Phoenix d/b/a Phoenix Lighting and Signs; ELC2010004865C/452-11-4752.ELC, TDLR v. David Hubbard d/b/a Conservative Electric; ELC2011002312C/452-11-8670.ELC, TDLR v. Darrell Frisby d/b/a Coastal Property Repair; and TOW2010008133C, TOW2010011034C & TOW2010012154C/452-11-5844.TOW, TDLR v. Michael Teasdale d/b/a American/Roadrunner Wrecker. Fred Moses, seconded by Deborah Yurco, moved to accept the Proposals for Decision as presented. The motion was passed by unanimous vote.

The meeting was recessed at 9:48 a.m.

The meeting was reconvened at 10:05 a.m.

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

Docket Number COS2011004397D, TDLR v. Nhut Minh Ho d/b/a Angel’s Day Spa. Deborah Yurco, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2011005743D, TDLR v. Brandi Germany d/b/a Brandi’s. Fred Moses, seconded by Deborah Yurco, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number ELC2011005007S, TDLR v. Bernardo Becerra. Lilian Norman-Keeney, seconded by Fred Moses, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number ELC2011005831C, TDLR v. Gregorio Gutierrez. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number ELE2011001107D, TDLR v. Radisson Hotel Waco. Fred Moses, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number TOW2010009285L, TDLR v. Scott Drury. 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 F, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter F, §60.83, to implement House Bill 3287, 82nd Legislature, Regular Session (2011) regarding extending the time period for late renewals. Lilian Norman-Keeney, seconded by Fred Moses, moved to approve the rules with an effective date of 1/15/2012. The motion was passed by unanimous vote.

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 70, §70.100 and §70.101, regarding code adoptions in the Industrialized Housing and Buildings program. LuAnn Morgan, seconded by Fred Moses, moved to approve the rules with recommended changes, with an effective date of July 1, 2012. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 73, §§73.10, 73.20, 73.25, 73.26, 73.51, 73.52, 73.53, 73.54, 73.60, 73.65, 73.70 and 73.80, to implement SB 1630, 82nd Legislature, Regular Session (2011), HB 1625, 82nd Legislature, Regular Session (2011) and changes suggested for rule simplification by the Electrical Safety and Licensing Advisory Board. Fred Moses, seconded by LuAnn Morgan, moved to approve the rules with an effective date of March 15, 2012. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 82, §§82.10, 82.20, 82.21, 82.22, 82.23, 82.31, 82.40, 82.70, 82.71, 82.72, 82.80, 82.100, 82.104, 82.106, 82.112 and 82.12, proposed repeal of §§82.75, 82.76, 82.77, and 82.120 regarding the barbering program to implement Senate Bill 1170, 82nd Legislature, Regular Session (2011) simplify and reduce certain fees. LuAnn Morgan, 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 J, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, (TAC) §§85.650, 85.703, 85.704, 85.705, 85.706, 85.708, 85.710, 85.720, 85.722, 85.725 and 85.1003, and proposed new rule at 16 TAC §85.1004 regarding the Vehicle Storage Facilities program, to implement House Bill 3510, 82nd Legislature, Regular Session (2011), and proposed changes recommended by the Towing, Storage and Booting Advisory Board. Lilian Norman-Keeney, seconded by Fred Moses, moved to approve the rules with exception noted, with an effective date of January 15, 2012. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item K, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), §§86.10, 86.212, 86.455, 86.500, 86.700, 86.705, 86.709, 86.710, 86.800, 86.1000 and 86.1001; proposed new rules: §§86.458, 86.711, 86.715; and the proposed repeal of existing rules at 16 TAC §86.600 and §86.704 regarding the Towing, Storage and Booting program, to implement House Bill 3510, 82nd Legislature, Regular Session (2011), and proposed changes recommended by the Towing, Storage, and Booting Advisory Board. Fred Moses, seconded by Lilian Norman-Keeney, moved to approve the rules with an effective date of January 15, 2012. The motion was passed by unanimous vote.

The meeting was recessed at 11:15 a.m.

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

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 Fred Moses, moved to approve the following appointments. The motion was passed by unanimous vote.

Advisory Board on Cosmetology – New Appointment: Marisela Higgins (term expires 09/29/2017); and reappointment: Ron Robinson (term expires 09/29/2017).

Medical Advisory Committee – New Appointment: Kelley Fraiser (term expires 02/01/2012).

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 12:30 p.m.

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

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