TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of June 22, 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 8:37 a.m., Wednesday, June 22, 2016. ??Members present were Chairman Mike Arismendez, Commissioners Tom Butler, Rick Figueroa, 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; Doug Jennings, Assistant General Counsel; Lynn Latombe, Assistant General Counsel; Colleen Tran, Assistant General Counsel; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; Dee Meador, Director of Information Technology; Mary Winston, Strategic Communication Attorney; and Rhonda Rinehart, Executive Assistant.

Chairman Arismendez moved to agenda item B, Welcome new Commissioners and Recognition of service for Commissioners LuAnn Morgan and Fred Moses.??

The meeting was recessed at 8:52 a.m.

The meeting was reconvened at 9:04 a.m.

Deborah Yurco, seconded by Tom Butler, moved to excuse the absences of Commissioners Helen Callier and Catherine Rodewald.?? The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item R, Public Comment.?? One public comment was heard from Matt Garbacz, interested party for the Midwives program.

Chairman Arismendez moved to agenda item D, Executive Session at 9:14 a.m.??

The open meeting reconvened at 10:06 a.m.

There was no action taken on the Executive Session.

Chairman Arismendez moved to agenda item F, Approval of minutes - meeting of May 18, 2016.?? Ravi Shah, seconded by Tom Butler, moved to approve the minutes. ??The motion was passed by unanimous vote.

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

Docket number AUC20140019544/452-16-1089.AUC, TDLR v. Johnny Ray Norman.?? Ravi Shah, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented.?? The motion was passed by unanimous vote.

Docket number BOX20150010694/452-16-1312.BOX, TDLR v. Saekson Saengchan. ??Ravi Shah, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented.?? The motion was passed by unanimous vote.

Docket number ELC20140013677/452-16-1628.ELC, TDLR v. Tibor Katona. ??Ravi Shah, seconded by Tom Butler, moved to accept the Proposal for Decision as presented.?? The motion was passed by unanimous vote.

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

Docket number AUC20130013492/452-16-0173.AUC, TDLR v. Eric Shalev. ??Ravi Shah, seconded by Tom Butler, moved to deny the rehearing.?? The motion was passed by unanimous vote.

Docket number COS20150020294/452-16-0117.COS, TDLR v. Jeremy Smith. ??Tom Butler, seconded by Ravi Shah, moved to deny the rehearing.?? The motion was passed by unanimous vote.

Docket number ACR2014001076, TDLR v. David A. Sanchez, Sr. ??Deborah Yurco, seconded by Rick Figueroa, moved to deny the rehearing and modify the penalty to $2000.00. ??The motion was passed with Tom Butler, Rick Figueroa, Ravi Shah, and Deborah Yurco voting in favor; and Mike Arismendez voting in dissent.

Docket number BAR20150005142, TDLR v. Joseph Starks and Wayne L. Gaskin d/b/a/ King of Kutz 2.?? Deborah Yurco, seconded by Rick Figueroa, moved to deny the rehearing. ??The motion was passed by unanimous vote.??

Docket number COS20160004023, TDLR v. Eureka R. Runnels d/b/a The Eureka Effect by CSG Salon. Deborah Yurco, seconded by Ravi Shah, moved to deny the rehearing.?? The motion was passed with Mike Arismendez, Tom Butler, Ravi Shah, and Deborah Yurco voting in favor; and Rick Figueroa voting in dissent.

Docket number COS20150023948, TDLR v. Martha Chavez d/b/a Touch of Beauty. Deborah Yurco, seconded by Rick Figueroa, moved to deny the rehearing. ??The motion passed by unanimous vote.

The meeting was recessed at 10:52 am.

The meeting reconvened at 11:07 am.

Chairman Arismendez moved to agenda item I, Discussion and approval of agency’s Strategic Plan for Fiscal Years 2017-2021. ??Bill Kuntz and Brian Francis reported on the final Strategic Plan document and answered questions.?? Ravi Shah, seconded by Rick Figueroa, moved to approve the strategic plan. ??His motion included instructions for staff to provide a biannual update of the strategic goals and allows the staff to make non-substantive editorial and formatting changes to the document. ??The motion passed by unanimous vote.

Chairman Arismendez recognized Gene Mays, Director of Customer Service, and his retirement effective June 30, 2016. ??Brian Francis introduced Trey Seals as the Director of Customer Service effective July 1, 2016.

Chairman Arismendez moved to agenda item J, Discussion and possible action to recommend approval of the Criminal Conviction Guidelines for the Athletic Trainers program. Rick Figueroa, seconded by Tom Butler, moved to approve the criminal conviction guidelines for the Athletic Trainers program as submitted. ??The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item K, Discussion and possible action to recommend approval of the Criminal Conviction Guidelines for the Hearing Instrument Fitters and Dispensers program. Rick Figueroa, seconded by Ravi Shah, moved to approve the criminal conviction guidelines for the Hearing Instrument Fitters and Dispensers program. ??The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item L, Discussion and possible action to recommend approval of the Criminal Conviction Guidelines for the Orthotists and Prosthetists program.?? Rick Figueroa, seconded by Ravi Shah, moved to approve the criminal conviction guidelines for the Orthotists and Prosthetists program. ??The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item M, Discussion and possible action to recommend approval of the Criminal Conviction Guidelines for the Speech-Language Pathologists and Audiologists program.?? Tom Butler, seconded by Rick Figueroa, moved to approve the criminal conviction guidelines for the Speech-Language Pathologists and Audiologists program. ??The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item N, Discussion and possible action on referrals from the Comptroller’s Methods and Assistance Program (MAP) reviews of the following appraisal districts under Section 5.102, Tax Code: Bowie, Burleson, Clay, DeWitt, Hopkins, Leon, Medina, Nacogdoches, Ochiltree, Reeves, Throckmorton, Uvalde, and Winkler. ??There was no action taken.

Chairman Arismendez moved to agenda item O, Staff Reports.?? Bill Kuntz, Brian Francis, and Dee Meador gave reports and answered questions from the Commission.??

Chairman Arismendez returned to agenda item N, Discussion and possible action on referrals from the Comptroller’s Methods and Assistance Program (MAP) reviews of the following appraisal districts under Section 5.102, Tax Code: Bowie, Burleson, Clay, DeWitt, Hopkins, Leon, Medina, Nacogdoches, Ochiltree, Reeves, Throckmorton, Uvalde, and Winkler.?? Deborah Yurco, seconded by Rick Figueroa, moved to approve the referrals.?? The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item P, Approval of appointments of members to Advisory Board, including appointment of presiding officers:

  • Architectural Barriers Advisory Committee - New appointments:?? Michael Olson (term expires 08/31/2018); John Rickard (term expires 08/31/2018); Reappointments: Gregory Edwards (term expires 08/31/2019); Rob Roy Parnell (term expires 08/31/2019); and Philip G. Pearce, Presiding Officer (term expires 8/31/2018).?? Ravi Shah, seconded by Rick Figueroa, moved to approve the appointments.?? The motion was passed by unanimous vote.
  • Combative Sports Advisory Board - New appointments: Mike Battah (term expires 2/1/2021); Dr. Manuel J. Gonzales (term expires 2/1/2019); Kerry Hatley (term expires 2/1/2017); Dr. Wayne Lee, Presiding Officer (term expires 2/1/2021); Mick Maynard (term expires 2/1/2019); Chris Reed (term expires 2/1/2017); Dr. Richard Schram (term expires 2/1/2017); Blane Sibille (term expires 2/1/2021); and Dr. Randolph Taylor, II (term expires 2/1/2019).?? Rick Figueroa, seconded by Deborah Yurco, moved to approve the appointments. ??The motion was passed by unanimous vote.
  • Dyslexia Therapists and Practitioners Advisory Committee - New appointments: Robin Cowsar, Presiding Officer (term expires 12/31/2021); Misty Dempsey (term expires 12/31/2017); Helen Macik (term expires 12/31/2019); and Letricia Niegos (term expires 12/31/2019).?? Rick Figueroa, seconded by Deborah Yurco, moved to approve the appointments. ??The motion was passed by unanimous vote.
  • Elevator Advisory Board - New appointment: Jerry Matheny (term expires 11/01/2018); Reappointments: Nancy Crumley (term expires 11/01/2018); and Lawrence Taylor (term expires 11/01/2018).?? Rick Figueroa, seconded by Deborah Yurco, moved to approve the appointments.?? The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item Q, Advisory Board Report. No Advisory Board meeting report was given.

Chairman Arismendez returned to agenda item R, Public Comment.?? There were no public comments.

Chairman Arismendez moved to agenda item S, Discussion of date, time and location of future Commission meetings.?? The next meeting dates were determined to be July 27, 2016; August 24, 2016; October 5, 2016; and November 16, 2016 (tentative).

Chairman Arismendez adjourned the meeting at 1:07 p.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation