TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of June 16, 2017
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 8:35 a.m., Friday, June 16, 2017.  Members present were Chairman Mike Arismendez, Commissioners Helen Callier, Rick Figueroa, Ravi Shah, and Deborah Yurco.  A roll call verified that a quorum was present.

Staff present included: Brian Francis, Executive Director; Carla James, Deputy Executive Director; Nick Voinis, Chief of Staff; Brad Bowman, General Counsel; Doug Jennings, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Elizabeth Salinas-Strittmatter, Assistant General Counsel; Colleen Tran, Assistant General Counsel; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; Jodi Ashlock, Director of Information Technology; and Kay Mahan, Executive Assistant.

Rick Figueroa, seconded by Ravi Shah, moved to excuse the absence of Commissioner Tom Butler.  The motion was passed by unanimous vote.

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

The open meeting reconvened at 9:43 a.m.

There was no action taken on the Executive Session.

Helen Callier, seconded by Deborah Yurco, moved to approve the minutes of the meetings of April 5, 2017 and May 19, 2017.  The motion was passed by unanimous vote.

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

Docket number BRE20160020529/452-17-1573.BRE, TDLR v. Craig (CJ) Tobler d/b/a Owner’s Pride Companions.  Deborah Yurco, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented.  The motion was passed by unanimous vote.

Docket number TOW20150015454/452-17-0692.TOW, TDLR v. Joshua S. Bonuelos d/b/a Falcon Towing & Recovery.  Ravi Shah, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented.  The motion was passed by unanimous vote.

Docket number ELC20160026837/452-17-1722.ELC, TDLR v. Gerald Glenn Coleman.  Ravi Shah, seconded by Helen Callier, moved to deny the Proposal for Decision and probate the suspension for one year.  The motion failed with Helen Callier and Ravi Shah voting in favor; and Mike Arismendez, Rick Figueroa, and Deborah Yurco voting in dissent. Deborah Yurco, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented.  The motion was passed with Mike Arismendez, Rick Figueroa, and Deborah Yurco voting in favor; and Helen Callier and Ravi Shah voting in dissent.

Docket number TOW20160026098/452-17-1758.TOW, TDLR v. Charles D. Rash.  Rick Figueroa, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented.  The motion was passed by unanimous vote.

Docket number TOW20160026765/452-17-0630.TOW, TDLR v. Frederick Clark.  Helen Callier, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented.  The motion was passed by unanimous vote.

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

Docket number BOX20170007092, TDLR v. Jon A. Kirk.  Rick Figueroa, seconded by Ravi Shah, moved to deny the rehearing.  The motion was passed by unanimous vote.

Chairman Arismendez left the room after this vote.

The Commission moved to agenda item H, Review, offer suggestions, and approve the penalty matrix for Dietitians program.  Rick Figueroa, seconded by Helen Callier, moved to approve the penalty matrix.  The motion was passed by unanimous vote.

Chairman Arismendez returned to the meeting room

Chairman Arismendez moved to agenda item J, Staff Reports.  Carla James and Christina Kaiser gave reports and answered questions from the Commission.

Chairman Arismendez moved to agenda item I, Approval of appointments of members to Advisory Board, including appointment of presiding officers.  Rick Figueroa, seconded by Helen Callier, moved to approve the appointments.  The motion was passed by unanimous vote.

  • Air Conditioning and Refrigeration Contractors Advisory Board – New appointments: Jerry Bitner (term expires 02/01/2019), Richard Anderson (term expires 02/01/2023), Robert Domin (term expires 02/01/2023); and Reappointment of Dave Yelovich (term expires 02/01/2023).
  • Architectural Barriers Advisory Board – New appointment: Michael McDonald (term expires 08/31/2019).
  • Board of Boiler Rules – New appointment: Dan Lancaster (term expires 01/31/2019); and Reappointments of Bill Quisenberry (term expires 01/31/2023), George Crawford (term expires 01/31/2023), and Stuart Shannon Nester (term expires 01/31/2023). 
  • Advisory Board on Cosmetology – New appointment: Mary Paschal-Lindsay (term expires 09/29/2023). 
  • Driver Training and Traffic Safety Advisory Committee – New appointment: Sam Webb (term expires 11/01/2021).  
  • Electrical Safety and Licensing Advisory Board – New appointments: Marcus Lundegreen (term expires 02/01/2021), Stacey Mighty Malcom (term expires 02/01/2023); and Reappointments of Joseph Mark Roach (term expires 02/01/2023), Gary Strouz (term expires 02/01/2023).
  • Orthotists and Prosthetists Advisory Board – New appointment: Kathryn Lavon Paszkowski (term expires 02/01/2019).
  • Polygraph Advisory Committee – New appointments: James P. OBurke (term expires 09/01/2019), Manuel F. Espinosa, Presiding Officer (term expires 09/01/2021).
  • Property Tax Consultants Advisory Council – New appointment: Debra Bawcom (term expires 02/01/2020), and Reappointments: Steven G. Mills, Presiding Officer (term expires 02/01/2019), W. Ken Parsons (term expires 02/01/2019), and Paul Pennington (term expires 02/01/2020).
  • Speech-Language Pathologists and Audiologists Advisory Board – New appointment: Elizabeth Sterling (term expires 09/01/2019).
  • Texas Tax Professionals Advisory Committee – New appointment: Gary Earnest (term expires 03/01/2021); and Reappointment of Joseph Sidney Vela (term expires 03/01/2023).
  • Used Auto Parts Recycling Advisory Board – New appointment: Bruce Ormand (term expires 02/01/2019), and Reappointment of Tchad Taormina, Presiding Officer (term expires 02/01/2023).
  • Water Well Drillers Advisory Council – New appointment: Steven Young (term expires 09/15/2016).
  • Weather Modification Advisory Committee – New appointment: Aurora Farthing (term expires 01/13/2021), and Reappointment: Alan Zeman (term expires 01/13/2021). 

Chairman Arismendez moved to agenda item L, Public Comments.  There were no public comments.

Chairman Arismendez moved to agenda item M, Discussion of date, time, and location of future Commission meetings.  The next meetings were determined to be July 14th and August 18th; and a Commission Workshop is scheduled for July 28th & 29th.

Chairman Arismendez returned to agenda item J, Staff Reports.  Carla James gave a legislative update to the Commission. 

Chairman Arismendez moved to agenda item K, Advisory Board Reports.  Eric Beverly reported on the recent advisory board activity and answered questions from the Commission.

Chairman Arismendez moved to agenda item N, Adjournment.  The meeting was adjourned at 10:55 a.m.

Mike Arismendez, Chairman

Texas Commission of Licensing and Regulation