TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of May 18, 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 8:36 a.m., Wednesday, May 18, 2016. Members present were Chairman Mike Arismendez, Commissioners Tom Butler, 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; Della Lindquist, Deputy General Counsel; Lynn Latombe, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Jerry Daniels, Director of Financial Services; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

Chairman Arismendez moved to agenda item C, Executive Session at 8:38 a.m.??

The open meeting reconvened at 9:07 a.m.

There was no action taken on the Executive Session.

Chairman Arismendez moved to agenda item E, Approval of minutes - meeting of April 13, 2016. ??Catherine Rodewald, seconded by Deborah Yurco, moved to approve the minutes. The motion was passed by unanimous vote.

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

Docket number ELC20150022939/452-16-1429.ELC, TDLR v. Jeremiah Hare.?? Tom Butler, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented.?? The motion was passed by unanimous vote.

Docket number COS20150017016/452-16-0595.COS, TDLR v. Dario Armond Jacoel.?? Deborah Yurco, seconded by Tom Butler, moved to deny the license.?? The motion was passed by unanimous vote.

Docket number ELC20150016601/452-16-0351.ELC, TDLR v. Marc E. Wiethorn.?? Ravi Shah, seconded by Tom Butler, moved to accept the Proposal for Decision as presented.?? The motion was passed with Mike Arismendez, Tom Butler, Ravi Shah, and Deborah Yurco voting in favor; and Catherine Rodewald voting in dissent.

Docket number ELC20150023317/452-16-0977.ELC, TDLR v. Edgar J. Ozorio.?? Deborah Yurco, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented.?? The motion was passed by unanimous vote.

Docket number ELC20160004347/452-16-1942.ELC, TDLR v. Timothy J. Gonzales.?? Deborah Yurco, seconded Ravi Shah, moved to deny the license.?? The motion was passed by unanimous vote.

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

Deborah Yurco left the room.

Docket number COS20150022022, TDLR v. Mayra Ortega d/b/a Mayra’s Beauty Shop.?? Ravi Shah, seconded by Catherine Rodewald, moved to deny the rehearing and probate the revocation for one year.?? The motion was passed by unanimous vote.
Deborah Yurco returned to the meeting.

Docket number COS20150022716, TDLR v. Ricki Hai Tran d/b/a Rose Nail and Spa.?? Ravi Shah, seconded by Catherine Rodewald, moved to deny the rehearing.?? The motion was passed by unanimous vote.

Docket number ELC20150008849, TDLR v. Andrew J. Vojtech.?? Catherine Rodewald, seconded by Ravi Shah, moved to deny the rehearing.?? The motion was passed by unanimous vote.

Docket number TOW20150022509, TDLR v. Frederico Rodriguez d/b/a Latino Transport Service.?? Deborah Yurco, seconded by Catherine Rodewald, moved to deny the rehearing.?? The motion was passed by unanimous vote.

Docket number TOW20150003030, TDLR v. Fernando Alanis d/b/a Fern’s Towing Service.?? Deborah Yurco, seconded by Catherine Rodewald, moved to deny the rehearing.?? The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item H, Update on the Strategic Planning Process.?? Brian Francis gave an update to the Commission and answered questions.

Chairman Arismendez moved to agenda item I, Staff Reports.?? Bill Kuntz, Brian Francis, and Jerry Daniels gave reports and answered questions from the Commission.

Chairman Arismendez moved back to agenda item C, Executive Session at 10:16 a.m.

The open meeting reconvened at 12:29 p.m.

Chairman Arismendez moved to agenda item D, Action on items discussed in Executive Session.?? Ravi Shah, seconded by Catherine Rodewald, moved to accept Bill Kuntz’s retirement notice effective August 31, 2016.?? The motion failed with Mike Arismendez, Tom Butler, Ravi Shah, Catherine Rodewald and Deborah Yurco voting in dissent.?? Ravi Shah, seconded by Catherine Rodewald, moved again to accept Bill Kuntz’s retirement notice effective August 31, 2016.?? The motion was passed by unanimous vote.?? Deborah Yurco, seconded by Tom Butler, moved to appoint Brian Francis as TDLR’s Executive Director with a salary of $179,375.00/annually, effective September 1, 2016.?? The motion was passed by unanimous vote.

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

Chairman Arismendez moved to agenda item K, Discussion of date, time and location of future Commission meetings. The next meeting dates were determined to be:?? June 22, 2016; July 27, 2016; and August 24, 2016.

Chairman Arismendez adjourned the meeting at 12:44 p.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation