TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of March 9, 2016
Twin Towers Office Center
1st Floor Public Meeting Room
Austin, Texas

Summary of Minutes

Chairman Arismendez called the meeting of the Texas Commission of Licensing and Regulation to order at 9:04 a.m., Wednesday, March 9, 2016. Members present were Mike Arismendez, LuAnn Morgan, Commissioners Catherine Rodewald, Ravi Shah, and Deborah Yurco. A roll call verified that a quorum was present.

Staff present included: Bill Kuntz, Executive Director; Brian Francis, Deputy Executive Director; Brad Bowman, General Counsel; Lynn Latombe, Assistant General Counsel; Pam Legate, Assistant General Counsel; Della Lindquist, Deputy General Counsel; Laura Pfefferle, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

LuAnn Morgan, seconded by Deborah Yurco, moved to excuse the absences of Commissioners Tom Butler and Fred Moses. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item G, Discussion and possible action to approve TDLR's Internal Audit Plan for Fiscal Year 2016. Deborah Yurco, seconded by Ravi Shah, moved to approve the plan with amendments discussed. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item D, Executive Session at 9:20 a.m.

The open meeting reconvened at 9:49 a.m.

There was no action taken on the Executive Session.

Chairman Arismendez moved to agenda item F, Approval of minutes meeting of February 10, 2016. LuAnn Morgan, seconded by Deborah Yurco, moved to approve the minutes. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item H, Contested Cases. The final actions on the Proposals for Decision are as follows:

Docket numbers ACR20130010518 & ACR20130006679/452-16-0031.ACR, TDLR v. Carlos J. Diaz, Jr. Deborah Yurco, seconded by LuAnn Morgan, moved to continue this case. The motion was passed by unanimous vote.

Docket number ELC20130010488/452-15-4280.ELC, TDLR v. Robert Hawbaker d/b/a/ Mike's Handyman Services. Deborah Yurco, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket numbers ACR20150002484 & ELC20150002480/452-15-2373.ACR, TDLR v. Scott H. Denney. Deborah Yurco, seconded by Ravi Shah, moved to reject the Proposal for Decision and deny both licenses. The motion passed with Mike Arismendez, LuAnn Morgan, Ravi Shah, and Deborah Yurco voting in favor; and Catherine Rodewald voting in dissent.

The meeting was recessed at 10:39 a.m.

The meeting was reconvened at 10:50 a.m.

Docket number ELC20140013239/452-15-1212.ELC, TDLR v. Phillip M. Wiley. Deborah Yurco, seconded by Ravi Shah, moved to suspend the license, probated for one year. The motion passed with Ravi Shah, Catherine Rodewald and Deborah Yurco voting in favor; and Mike Arismendez and LuAnn Morgan voting in dissent.

Docket number ELC20150011408/452-16-0200.ELC, TDLR v. Dean A. Pierrot. LuAnn Morgan, seconded by Catherine Rodewald, moved to reject the Proposal for Decision and grant the license. The motion passed with LuAnn Morgan, Ravi Shah, Catherine Rodewald and Deborah Yurco voting in favor; and Mike Arismendez voting in dissent.
Docket number BAR20150013311/452-15-4854.BAR, TDLR v. Terrance D. Edwards. Ravi Shah, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number COS20150020294/452-16-0117.COS, TDLR v. Jeremy Smith. Ravi Shah, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

The meeting was recessed at 12:04 a.m.

The meeting was reconvened at 12:14 a.m.

Docket number ELC20150010226/452-15-3630.ELC, TDLR v. Joseph E. Barrow. LuAnn Morgan, seconded by Catherine Rodewald, moved to accept the Proposal for Decision as presented. The motion passed with LuAnn Morgan, Ravi Shah and Catherine Rodewald voting in favor; and Mike Arismendez and Deborah Yurco voting in dissent.

Docket number ELC20150020853/452-16-0228.ELC, TDLR v. Jose L. Duran, Jr. Deborah Yurco, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ACR20150019841/452-16-0443.ACR, TDLR v. Lance Williams. Deborah Yurco, seconded by Ravi Shah, moved to modify the Proposal for Decision and revoke the license. The motion was passed by unanimous vote.

Docket number AUC20130013492/452-16-0173.AUC, TDLR v. Eric Shalev. Ravi Shah, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item I, Motions for Rehearing - consideration and possible action on the following case:

Docket number COS20150001935, TDLR v. Sandra Marin d/b/a Pink's Beauty Salon. LuAnn Morgan, seconded by Deborah Yurco, moved to deny the rehearing and probate the revocation for one year. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item J, Discussion and possible approval of Criminal Conviction Guidelines for the Driver Education and Safety program. Ravi Shah, seconded by LuAnn Morgan, moved to accept the Guidelines as presented. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item L, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 120, ยง120.1, 120.10, 120.20 - 120.26, 120.65 - 120.70, 120.80, 120.90 and 120.95, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation. Ravi Shah, seconded by LuAnn Morgan, moved to approve the rules as presented. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item U, Discussion of date, time and location of future Commission meetings. The next meeting dates were determined to be: April 13, 2016; May 18, 2016; and June 15, 2016 and July 27, 2016.

Chairman Arismendez moved to agenda item T, Public Comment. There were no public comments.

Chairman Arismendez moved to agenda item R, Staff Reports. Bill Kuntz, Brian Francis and Ray Pizarro gave reports and answered questions from the Commission.

Chairman Arismendez adjourned the meeting at 1:49 a.m.


Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation