TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of July 27, 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 8:47 a.m., Wednesday, July 27, 2016. ??Members present were Chairman Mike Arismendez, Commissioners Tom Butler, Helen Callier, Rick Figueroa, Catherine Rodewald, and Ravi Shah. 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; Doug Jennings, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Colleen Tran, Assistant General Counsel; Jerry Daniels, Director of Financial Services; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; Trey Seals, Director of Customer Service; Mary Winston, Strategic Communications Attorney; and Kay Mahan, Executive Assistant.

Tom Butler, seconded by Helen Callier, moved to excuse the absence of Commissioner Deborah Yurco. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item C, Executive Session at 8:48 a.m.

The open meeting reconvened at 10:00 a.m.

There was no action taken on the Executive Session.

Chairman Arismendez moved to agenda item E, Approval of minutes - meeting of June 22, 2016. Rick Figueroa, seconded by Catherine Rodewald, moved to approve the minutes. ??The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item F, Discussion and possible action to:

  • Elect a Vice-Chair of Commission
  • Appoint members to Commission workgroups
  • Name Commission/Advisory Board Liaisons

Chairman made Commission appointments to workgroups and advisory board liaisons. The election of the Vice-Chair of the Commission was continued to the next meeting.

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

Docket number BAR20150023440/452-16-2406.BAR, TDLR v. Lawrence W. Franklin, Jr. Catherine Rodewald, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote with Tom Butler recused from the vote.

Docket numbers VSF20140004016, VSF20140008529, VSF20140010543, VSF20140011656/452-14-4710.VSF, TDLR v. Pendragon Transportation LLC d/b/a Universal Storage Facility. Tom Butler, seconded by Catherine Rodewald, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket numbers TOW20120003535, TOW20130008162, TOW20130005860, TOW201300013773, TOW20130006111, TOW20130021490, TOW20130022330, TOW20130008210, TOW20140002389, TOW20140008614, VSF20130008792, TOW20140008480, TOW20130023981, VSF20130008251, VSF20130018035, TOW20130008649, VSF20130010825, TOW20130013366, TOW2014002737/452-14-3330.TOW, TDLR v. Merlin Transport, Inc. d/b/a Merlin Transport Corporation d/b/a Excalibur Towing Company, and Universal Storage Facility. Ravi Shah, seconded by Catherine Rodewald, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket numbers TOW20140000934, TOW20150012936/452-16-0050.Tow, TDLR v. Atlas Towing and Storage, LLC d/b/a Towing and Storage. This case was continued to the next meeting.

Docket number ELC20150016645/452-16-0905.ELC, TDLR v. Jaime Segura. Helen Callier, seconded by Catherine Rodewald, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20160004350/452-16-2145.ELC, TDLR v. Leonard E. Denton. Tom Butler, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number TOW20160005285/452-16-2058.TOW, TDLR v. Michael P. Burch. Ravi Shah, seconded by Catherine Rodewald, moved to suspend and probate the license for one year. The motion was passed with Helen Callier, Rick Figueroa, Catherine Rodewald and Ravi Shah voting in favor; and Mike Arismendez and Tom Butler voting in dissent.

Docket number ELC20150004166/452-15-5485.ELC, TDLR v. John Newby d/b//a Newco Electrical Services and d/b/a John Newby Electrical Service. Tom Butler, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

The meeting was recessed at 11:16 a.m.

The meeting was reconvened at 11:35 a.m.

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

Docket numbers ACR20130010518 and ACR20130006679/452-16-0031.ACR, TDLR v. Carlos Diaz, Jr. Catherine Rodewald, seconded by Tom Butler, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number COS20160001050, TDLR v. Tina Tuyet Huynh d/b/a Family Nail. Helen Callier, seconded by Catherine Rodewald, moved to grant the rehearing. The motion was passed by unanimous vote.

Docket number ELC20150016603/452-15-5355.ELC, TDLR v. Perry Coleman. Rick Figueroa, seconded by Tom Butler, moved to deny the rehearing. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item I, Discussion and approval of agency’s Legislative Appropriations Request for Fiscal Years 2018-2019. Bill Kuntz and Brian Francis gave the Commission on overview of the agency’s LAR and answered questions. Rick Figueroa, seconded by Ravi Shah, moved to approve TDLR’s LAR. ??The motion passed by unanimous vote.

Chairman Arismendez moved to agenda item J, Staff Reports. Bill Kuntz, Brian Francis, and Trey Seals gave reports and answered questions from the Commission.

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

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

Chairman Arismendez returned to agenda item C, Executive Session at 12:47 p.m.

The open meeting reconvened at 2:00 p.m.

There was no action taken on the Executive Session.

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

Chairman Arismendez adjourned the meeting at 2:02 p.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation