Texas Commission Of Licensing and Regulation Meeting of December 16, 2008

Meeting of December 16, 2008
E.O. Thompson State Office Building
7th Floor Public Meeting Room
Austin, Texas

Summary of Minutes

Chairman Frank Denton called the meeting of the Texas Commission of Licensing and Regulation to order at 9:10 a.m., Tuesday, December 16, 2008. Members present were Chairman Frank Denton; Vice-Chair LuAnn Morgan; Commissioners Mike Arismendez, Lewis Benavides, 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; Jeff Hill, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Glen Bridge, Information Services; Jerry Daniels, Financial Management; Don Dudley, Director of Education & Examination; Lee Parham, Compliance; Sharon Homoya, Human Resources; Christina Kaiser, Director of Enforcement; Gene Mays, Customer Service; Dede McEachern, Director of Licensing; Simon Skedd, Information Services; and Kay Mahan, Executive Assistant.

Mike Arismendez, seconded by Deborah Yurco, moved to approve the minutes of the meeting of October 23, 2008. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item C, Public Comment. One public comment was heard from Pat Johnson, with Texas Towing Compliance.

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

Docket Number ELC2007006647C/452-08-2105.ELC, TDLR v. John Link. LuAnn Morgan, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item D2, Uncontested Cases/Default Cases heard before the TCLR. The final action on each proposed Default Order is as follows:

Docket Numbers ACR2006004745C, TDLR v. Mark McBride; ACR2007003404C, TDLR v. Joe Dennis Castillo d/b/a Joe’s Commercial Equipment; ACR2007004625M, TDLR v. Brian K. Kirkland d/b/a Kirkland Air Conditioning and Heating; ACR2008000167S, Roger Cortez d/b/a Direct A/C Heating; ACR2008000465C, TDLR v. Randy Martin d/b/a Martin Mechanical Heat & Air; ACR2008003344C, TDLR v. Donald W. Keys; ACR2008006415C, Don Guillot d/b/a Just Chill’N; ACR2008007020S, TDLR v. Alonso Aranda; ACR2006001774M, TDLR v. David Barclay Paul; AUC2007005791D, TDLR v. William Charles Chalfant; BAR2007004326D, TDLR v. Juanita O. Ibarra d/b/a Texanos Hair Design; BAR2007004871D, TDLR v. Kenneth Collier d/b/a Collier’s Barber Shop; BAR2008001966D, TDLR v. Norma Rangel; BAR2008004580D, TDLR v. Oscar Lozano d/b/a Oscar’s Thee Barber Shop; BAR2008005472D, TDLR v. Baltazar Arazia d/b/a Noe’s Kustom Kutz; BAR2008006667D, TDLR v. Victor B. Morris; BAR2008009104D, TDLR v. Clint W. Stephenson d/b/a Clint’s Barber Shop; BAR2008009327D, TDLR v. Romalice Daniel Ellis d/b/a Kologe Barber Gallery & Salon; BAR2008009749D, TDLR v. David Derry; BLR2008002529D, TDLR v. Solid Rock Baptist Church; BOX2008007456C, BOX2008007477C, BOX2008007808C, & BOX2008008556C, TDLR v. Donna Duva-Brooks d/b/a Hall of Fame Boxing, LLC; COS2006004216C, TDLR v. Thu Ha Thi Pham d/b/a Seasons Nails; COS2007002234D, Hien Van Nguyen; COS2007005215D, TDLR v. Amy Mullen; COS2007005827D, TDLR v. Johneice Vickeya Judge; COS2008000392D, TDLR v. Brandi Jean Brown; COS2008000509D, TDLR v. Randa Dawn Ingram; COS2008003129C, TDLR v. Tammy Ethridge; COS2008003669I, TDLR v. Marvin Maldonado; COS2008004266D, TDLR v. Dau Tan Ngo d/b/a Regal Nails; COS2008004341D, TDLR v. Amberly Ann Williamson; COS2008004698D & COS2008004699D, TDLR v. Orlando Luna d/b/a Olan 407 Hair Salon; COS2008005010D, TDLR v. Griselda Fuentes; COS2008005018D, TDLR v. Wendy Discua; COS2008005394D, TDLR v. Mai Mouna Dieye; COS2008005483D & COS2008005485D, TDLR v. Erma Jean Furtch d/b/a Kuttin Up; COS2008005731D, TDLR v. Thelma Amalia Torres; COS2008005758C, TDLR v. Phuc Do d/b/a Regal Nails Spa; COS2008005924D, TDLR v. Adama Mbengue d/b/a Braid Expert & Beauty Supply; COS2008005931D, TDLR v. Chantal Diop; COS2008005933D, TDLR v. Banetou Damasi; COS2008005934D, TDLR v. Ghislaine Ronfe; COS2008005935D, TDLR v. Omotola Akinwunmi; COS2008006568D, TDLR v. Hilda Salazar d/b/a Hilda’s Hair Salon; COS2008006610D, TDLR v. Roushaunda Y. Giron; COS2008007829D, TDLR v. Feleishia Green; COS2008009212D, TDLR v. Danielle Perez; COS2008009666D, TDLR v. Gatiene Ngouako; COS2008009668D, TDLR v. Fatoumata Ganesse; COS2009000373D, TDLR v. Cindy Ly; DHC2008007885D, TDLR v. National Health Net Online; ELC2007001251C, TDLR v. Kelley E. Hawkins d/b/a Gateway Electrical Services; ELC2007003725D, TDLR v. Jesse Ray Bain d/b/a Bain Electric; ELC2007004127D, TDLR v. Phillip Casselton d/b/a Phillip Casselton Electric; ELC2007006553I, TDLR v. Robert Benavides d/b/a Benavides Construction; ELC2008000169S, TDLR v. Raul Ulloa d/b/a R and B Air Conditioning and Heating; ELC2008002483C, TDLR v. James D. Williamson d/b/a Reed Brothers Electric; ELC2008003078M, TDLR v. Ruben Hernandez d/b/a Electra Plus; ELC2008003706S, TDLR v. Frank J. Pelikan; ELC2008004111L, TDLR v. Joshua T. Trammell; ELC2008005421C, TDLR v. Brian Reed & James D. Williamson d/b/a Reed Brothers Electric; ELC2008006551L, TDLR v. Jesse McAdams; ELC2008007632C, TDLR v. Aquilino Rojas d/b/a House Remodeling/Rojas Contractors; ELC2008007636S, TDLR v. Ken Caesar d/b/a Caesar’s Electric; ELC2008007640S, TDLR v. Robert Reffell d/b/a Touchstone Services; ELC2008007646S, TDLR v. Gary Lenford; ELC2008008200C, TDLR v. M. Isaac Bustamante d/b/a Creative Style Sign Company; and WWD2008001437D & WWD2008001439D, TDLR v. Steve Wells d/b/a Wells Water Company. Fred Moses, seconded by Deborah Yurco, moved to approve the Default Orders as presented. The motion was passed by unanimous vote.

Docket Numbers ACR2007003692M, TDLR v. Oscar Marroquin d/b/a Los Andes Air Systems, Inc.; ACR2008003749S, TDLR v. Glenn H. Aday; BAR2008002833D, TDLR v. Tharen Robertson d/b/a T; BAR2008003519D, TDLR v. Deedra Metcalf; BAR2008004116D, TDLR v. Oscar Goudeau; BAR2008004129D, TDLR v. Thomas Gillum; BAR2008006560D, TDLR v. Freddie L. Coleman d/b/a Freddie’s Barber, Beauty & Nail Salon; COS2007001646D, TDLR v. Vu Phong Bui d/b/a Regal Nails; COS2007005751D, TDLR v. Maria De La Luz Gibson d/b/a Platero Y Yo; COS2008000013D, TDLR v. Abdelrazek Aleskadrany; COS2008000340C, TDLR v. Lien Kim Nguyen d/b/a Exquisite Nails; COS2008001574D, TDLR v. CNT Nail d/b/a Nails Now; COS2008002998D, TDLR v. Syngman Stevens, d/b/a Beautyville; COS2008004529D, TDLR v. Lea Nguenkam, Valerie Tchouya d/b/a Beauty of Braids; COS2008004567D, TDLR v. Khoi Huu Trinh d/b/a Foster Nail & Facial Service; COS2008004783C, TDLR v. Susie Gonzales d/b/a Classic Cuts; COS2008005069D, TDLR v. Brandy Garcia d/b/a Estilo’s Salon; COS2008005234D, TDLR v. Loc Tran d/b/a Studio Nails; COS2008005512D, TDLR v. Alma Calvillo; COS2008005592D, TDLR v. Debbie Yvette Rainey; COS2008005928D, TDLR v. Fany Chantal Somll; COS2008006777D, TDLR v. Dung Thi Dinh; COS2008006782D, TDLR v. Bich Thi Ngoc Nguyen; COS2008007446D, TDLR v. Patricia Diane McMahon; ELC2007000802C, TDLR v. Ted Trautner d/b/a Trautner and Associates; ELC2008003748S, TDLR v. Glenn H. Aday; ELC2008005861S, TDLR v. Charlie Brzozowski d/b/a Charlies Handyman Service; ELE2007005135D, TDLR v. 212 College Street, Ltd.; IHB2007004779D, TDLR v. Brian Berkenbile d/b/a Arcadia Custom Homes, LP; and WWD2008002642C, TDLR v. Ken Lamberth d/b/a Lamberth Water Well Drilling. The Commission took no action on these cases.

Chairman Denton moved to agenda item E, Discussion and possible action on the adoption of the four-year rule review for 16 Texas Administrative Code, Chapter 59, Continuing Education Providers. Mike Arismendez, seconded by Deborah Yurco, moved to approve the rules as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item F, Discussion and possible action on the adoption of proposed amendments at 16 Texas Administrative Code, Chapter 59, §59.3, regarding adding towing operators to the list of occupations regulated by the Department that are subject to continuing education requirements. Fred Moses, seconded by Lilian Norman-Keeney, moved to approve the rules as presented with the effective date of January 12, 2009. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item G, Discussion and possible action on the adoption of proposed amendments at 16 Texas Administrative Code, Chapter 86, §86.250, regarding continuing education and professional development requirements in the vehicle towing program. Mike Arismendez, seconded by LuAnn Morgan, moved to approve the rules including 8 hours of continuing education for first Incident Management license renewal. The motion was passed with Lewis Benavides and Fred Moses voting in dissent. LuAnn Morgan, seconded by Fred Moses, moved to amend proposed subsection (j) (4) to include under approved providers, Universities, Colleges, or Community Colleges. This motion was passed by unanimous vote. Lewis Benavides, seconded by Lilian Norman-Keeney, moved to approve no less than 2 hours of classroom training and 2 hours of hands-on training (of the 8 hours initial Incident Management training). This motion was passed by unanimous vote. Deborah Yurco, seconded by Lilian Norman-Keeney, moved to recognize any course taken within 12 months of the effective date, that meets the requirements of subsection (j). The motion was passed by unanimous vote. Mike Arismendez, seconded by Deborah Yurco, moved to add a paragraph 2 under subsection (b), that would include 1 hour of the Texas Law and Rules that regulate the conduct of towing operators, and in paragraph (3) change the 3 hours to 2 hours, so that it would include 1 hour of roadway safety and 1 hour of Texas Law and Rules and 2 hours of any topic listed in subsection (g) and including (g)(2). The motion was passed by unanimous vote. Deborah Yurco, seconded by Mike Arismendez, moved to adopt the rules as amended, effective January 12, 2009. The motion was passed by unanimous vote.

Public comments were received on agenda item G from: Larry Cernosek with the Texas Towing & Storage Association; Rick Chron with the Texas Towing & Storage Association; Ken Ulmer with the Texas Towing & Storage Association; Joann Messina with Southwest Tow Operators; Amy Milstead-Ellzey with the Towing and Storage Advisory Board; and Jeanette Rash with Texas Towing and Storage Association.

The meeting was recessed at 12:00 p.m. for the agenda item M, Executive Session.

The meeting was reconvened at 1:04 p.m.

No action was taken on the Executive Session.

Chairman Denton moved back to agenda item G, Discussion and possible action on the adoption of proposed amendments at 16 Texas Administrative Code, Chapter 86, §86.250, regarding continuing education and professional development requirements in the vehicle towing program. Deborah Yurco, seconded by LuAnn Morgan, moved to reconsider the motion to approve or recognize any course taken within the 12 months of effective date that meets the requirement of subsection (j). The motion was passed by unanimous vote. Deborah Yurco, seconded by LuAnn Morgan, moved to recognize any courses that meet the requirement as published in subsection (l). The motion was passed with Lewis Benavides and Fred Moses voting in dissent.

Chairman Denton moved to agenda item H, Discussion and possible action on draft amendments to 16 Texas Administrative Code, Chapter 60, and draft new Chapter 55, regarding the procedural rules of the Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation. LuAnn Morgan, seconded by Mike Arismendez, moved to recommend that the draft rules be published as proposed in the Texas Register. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Discussion and possible action to approve the penalty matrix for Discount Health Care Card Providers to be included in TDLR’s enforcement plan. No action was taken on this item.

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

Chairman Denton moved back to agenda item D.66, Docket Number COS2008006568D, Hilda Salazar d/b/a Hilda’s Hair Salon. LuAnn Morgan, seconded by Fred Moses, moved to vacate the previous Order. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item M, Approval of appointments of members to Advisory Boards. Mike Arismendez, seconded by LuAnn Morgan moved to approve the following appointments:

Water Well Driller Advisory Council – Reappointment: Johnny L. Gilmore (term expires 09/15/2014).

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

The meeting reconvened at 3:07 p.m.

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

Chairman Denton moved to agenda item O, Discussion of date, time and location of future Commission meeting. This meeting date will be set at a future time.

Chairman Denton then moved to agenda item P, Adjournment. The meeting was adjourned at 3:55 p.m.

Frank Denton, Chairman
Texas Commission of Licensing and Regulation

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