Texas Commission of Licensing and Regulation
Summary of Minutes

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of October 26, 2018
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., Friday, October 26, 2018. Members present were Chairman Mike Arismendez, Vice-Chair Tom Butler, Commissioners Ray Callas, Rick Figueroa, Gary Wesson, and Deborah Yurco. A roll call verified that a quorum was present. Ray Callas, seconded by Gary Wesson, made a motion to excuse the absence of Hellen Callier. Motion passed by unanimous vote.

Staff present included: Brian Francis, Executive Director; Carla James, Deputy Executive Director; Nick Voinis, Chief of Staff; Brad Bowman, General Counsel; Della Lindquist, Deputy General Counsel; Derek Burkhalter, Assistant General Counsel; Doug Jennings, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Sharon Homoya, Personnel Director; David Gonzales, Director of Regulatory Program Management; and Tamala Fletcher, Executive Assistant.

Chairman Arismendez moved to agenda item C, Public Comment. There was no public comment.

Chairman Arismendez moved to agenda item K, Discussion and possible action to approve the Fiscal Year 2018 Annual Internal Audit Report including review of the Fiscal Year 2018 audit and follow-up of prior years’ audits. The Commission heard the report from the Auditors. Tom Butler, seconded by Gary Wesson, made a motion to approve the Audit Report with an amended report date of September 25, 2018. The motion passed by unanimous vote.

Chairman Arismendez moved to agenda items D and E, Executive Session and Action on items discussed in Executive Session. Recessed to Executive Session. The Commission took action on items 1 and 3 during the executive session.

Chairman Arismendez moved to agenda item F, Approval of Minutes – Meeting September 25, 2018. Rick Figueroa, seconded by Gary Wesson, made a motion to accept the minutes as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item G, Contested Cases - consideration and possible action on the following cases:

Docket Number ACR20170006932, Assad B. Kerolos. Rick Figueroa, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion passed by unanimous vote.

Docket Number POL20170018439, Maria Anna Hubbard. Commission continued this matter to the November meeting based on Respondent’s request for a continuance.

Docket Number ELC20180000549, Jose L. Longoria. Tom Butler, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion passed by a of vote 5-1 Deborah Yurco opposed.

Docket Number VSF20160018575, Mathew O. Tago. Tom Butler, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion passed by unanimous vote.

Docket Number ACR20160009932, Donald Burton Jordan. Deborah Yurco, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion passed by unanimous vote.

Chairman Arismendez left the room.

Docket Number ELC20170017601, Rey A. Maldonado. Gary Wesson, seconded by Rick Figueroa, moved to amend the Proposal for Decision. The motion passed by unanimous vote.

Docket Number ELC20170022868, Michael L. Jessup, Jr. Rick Figueroa, seconded by Tom Butler, moved to accept the Proposal for Decision as presented. The motion passed by unanimous vote.

Chairman Arismendez returned to the meeting.

Docket Number ELC20170022990, John A. Kirklin. Gary Wesson, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion passed by unanimous vote.

Docket Number ELC20180000928, Sammy Salazar. Gary Wesson, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion passed by unanimous vote.

Commissioner Yurco left the room.

Docket Number ELC20180003413, Jorge Anorve. Rick Figueroa, seconded by Gary Wesson, moved to accept the Proposal for Decision as presented. The motion passed by unanimous vote.

Commissioner Yurco returned to the meeting.

Docket Number VSF20180003985, Edward Wayne Oldham. Deborah Yurco, seconded by Gary Wesson, moved to modify the Findings of Fact 30, 31, and 32; modify Conclusions of Law 14, 15, and 16 of the Proposal for Decision and revoke the license. The motion was passed by a vote of 5-1 Rick Figueroa opposed.

Chairman Arismendez moved to agenda item L, Advisory Board Appointments and reappointments. Tom Butler, seconded by Rick Figueroa, made a motion to approve the Chairman’s board appointments and reappointment recommendations:

Combative Sports Advisory Board

  • Appoint Eric Garcia
  • Appoint Keith Underwood

Driver Training and Traffic Safety Advisory Committee

  • Appoint Michael Kelley

Massage Therapy Advisory Board

  • Appoint Roberta Hutson

Registered Sanitarians Advisory Committee

  • Appoint Erin Dunn

Architectural Barriers Advisory Board

  • Re-Appoint Philip G. Pearce
  • Re-Appoint Jim Durham
  • Re-Appoint Michael T. Olson
  • Re-Appoint John Rickard

Water Well Drillers Advisory Council

  • Re-Appoint John Pyburn

Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item H, Motions for Rehearing – The Commission may consider and take any action related to the following cases, including but not limited to, rehearing matters previously decided, modifying a prior order, or entering a new order:

Docket Number BAR20170015826, Clarence E. Kelly. Rick Figueroa, seconded by Deborah Yurco, moved to grant the motion for rehearing. The motion was passed by unanimous vote.

Chairman Arismendez left the meeting.

Docket Number VSF20180006919, Vance Service Private Investigations, LLC d/b/a Vance Services P.I., LLC. Rick Figueroa, seconded by Gary Wesson, moved to deny the motion for rehearing. The motion passed by unanimous vote.

Docket Number VSF20180002619, Kaysi G Douglas d/b/a Douglas Towing and Recovery. Rick Figueroa, seconded by Gary Wesson, moved to deny the motion for rehearing. The motion passed by unanimous vote.

Vice-Chairman Butler moved to agenda item I, Update on the motion for rehearing process. Brad Bowman, General Counsel provided an overview of the report.

Vice-Chair Butler moved to agenda item J. Staff Reports and Briefing from agency staff. Carla James, Deputy Executive Director provided the Executive Office staff report.

Vice-Chair Butler adjourned the meeting at 12:09 p.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation