TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of November 16, 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 8:54 a.m., Wednesday, November 16, 2016. Members present were Chairman Mike Arismendez, Commissioners Tom Butler, Helen Callier, Rick Figueroa, Catherine Rodewald, Ravi Shah, and Deborah Yurco. A roll call verified that a quorum was present.

Staff present included: Brian Francis, Executive Director; Brad Bowman, General Counsel; Charles Johnson, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Colleen Tran, Assistant General Counsel; George Ferrie, Director of Compliance; Sharon Homoya, Personnel Attorney; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

Chairman Arismendez moved to agenda item J, Discussion and possible action to review and approve the Fiscal Year 2016 Annual Internal Audit Report. Deborah Yurco, seconded by Catherine Rodewald, moved to approve the report. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item C, Executive Session at 9:01 a.m. 

The open meeting reconvened at 9:54 a.m.

There was no action taken on the Executive Session.

Chairman Arismendez moved to agenda item I, Review and discussion of Internal Audit Report on Information Systems – Security & Disaster Recovery. There was no discussion on this item.

Chairman Arismendez moved to agenda item E, Approval of minutes – meeting of October 5, 2016. Helen Callier, seconded by Catherine Rodewald, 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 COS20160008468/452-16-3749.COS, TDLR v. Anh Tien d/b/a Annie’s Nails & Spa. Catherine Rodewald, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket numbers ACR20160002028 & ELC20160008684/452-16-2046.ACR, TDLR v. Staristo A. Cassiano. Deborah Yurco, seconded by Catherine Rodewald, moved to suspend the license for 1 year, fully probated. The motion was passed with Helen Callier, Rick Figueroa, Catherine Rodewald, and Deborah Yurco voting in favor; and Mike Arismendez, Tom Butler, and Ravi Shah voting in dissent. 

Chairman Arismendez left the room.

Docket number ACR20160003261/452-16-2031.ACR, TDLR v. Tyler D. McGinty. Ravi Shah, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Chairman Arismendez returned to the meeting.

Docket number ELC20160008663/452-16-3833.ELC, TDLR v. Troy W. Kelley. Tom Butler, seconded by Deborah Yurco, moved to suspend the license for 1 year, fully probated. The motion was passed by unanimous vote.

Docket number ELC20160020185/452-16-4349.ELC, TDLR v. Leroy Mosley, III. Ravi Shah, seconded by Helen Callier, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number TOW20160000985/452-16-3752.TOW, TDLR v. Carlos A. Foster. Ravi Shah, seconded by Tom Butler, moved to accept the Proposal of Decision as presented. The motion was passed by unanimous vote.

Docket numbers TOW20150009122 & TOW20150012986/452-16-0052.TOW, TDLR v. Black Bull Towing, LLC. Rick Figueroa, seconded by Tom Butler, moved to assess a penalty of $4,000, with no revocation of the license. The motion failed with Tom Butler, Helen Callier, and Rick Figueroa voting in favor; and Mike Arismendez, Catherine Rodewald, Ravi Shah, and Deborah Yurco voting in dissent. Ravi Shah, seconded by Helen Callier, for case TOW20150009122 - moved to assess a penalty of $4,000; and for case TOW20150012986 – accept the Proposal for Decision as presented with no penalty or revocation. The motion was passed with Mike Arismendez, Tom Butler, Helen Callier, Rick Figueroa, and Ravi Shah voting in favor; and Catherine Rodewald and Deborah Yurco voting in dissent. 

Docket number ACR20140006024/452-16-3098.ACR, TDLR v. Marvin Wesley Parker. Deborah Yurco, seconded by Mike Arismendez, moved to suspend the license for 1 year, fully probated with a penalty of $250. The motion failed with Mike Arismendez and Deborah Yurco voting in favor; and Tom Butler, Helen Callier, Rick Figueroa, Catherine Rodewald, and Ravi Shah voting in dissent. Helen Callier, seconded by Tom Butler, moved to assess a penalty of $34 with no license suspension. The motion was passed with Mike Arismendez, Tom Butler, Helen Callier, Catherine Rodewald, Ravi Shah, and Deborah Yurco voting in favor; and Rick Figueroa voting in dissent.

Docket number BAR20160000930/452-16-1734.BAR, TDLR v. Gregory F. Arellano. Tom Butler, seconded by Helen Callier, 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 TOW2014000934 & TOW20150012936/452-16-0050.TOW, TDLR v. Atlas Towing and Storage d/b/a Atlas Towing and Storage LLC. Deborah Yurco, seconded by Catherine Rodewald, moved to grant the rehearing. The motion failed with Deborah Yurco and Catherine Rodewald voting in favor; and Mike Arismendez, Tom Butler, Helen Callier, Rick Figueroa, and Ravi Shah voting in dissent. 

Docket number TOW20160021470, TDLR v. Evideo Gutirrez aka Evidel Gutierrez LLC d/b/a Gutierrez Electrical Mechanical Shop. Catherine Rodewald, seconded by Helen Callier moved to grant the rehearing. The motion passed with Helen Callier, Rick Figueroa, Catherine Rodewald, and Deborah Yurco voting in favor; and Mike Arismendez, Tom Butler, and Ravi Shah voting in dissent.

Docket number VSF20160019180, TDLR v. Edward Arrendondo d/b/a A & R Towing. Rick Figueroa, seconded by Tom Butler, moved to remand this case back to staff. The motion was passed by unanimous vote.

Docket numbers TOW20150018044 & VSF20150021693, TDLR v. R.A.L. Group d/b/a C.A.R.S. Tom Butler, seconded by Helen Callier, moved to remand this case back to staff. The motion was passed with Ravi Shah voting in dissent.

Commissioners Catherine Rodewald and Ravi Shah left the meeting.

Docket number ACR20150012391/452-16-1730.ACR, TDLR v. Richard H. Barnett. Rick Figueroa, seconded by Helen Callier, moved to grant the rehearing. The motion was passed with Helen Callier, Rick Figueroa, and Deborah Yurco voting in favor; and Mike Arismendez and Tom Butler voting in dissent. 

Chairman Arismendez moved back to agenda item C, Executive Session at 2:42 p.m.

The open meeting reconvened at 3:04 p.m.

Chairman Arismendez left the room. Vice-Chair Butler moved back to agenda item F, Contested Cases. The final actions on the Proposals for Decision are as follows:

Docket number ACR20160002081/452-16-1807.ACR, TDLR v. Michael R. Dillingham. Rick Figueroa, seconded by Helen Callier, moved to reject the Proposal for Decision and revoke the license. The motion was passed by unanimous vote.

Docket number ELC20160003645/452-16-2238.ELC, TDLR v. Benino Hernandez. Helen Callier, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20160005350/452-16-2794.ELC, TDLR v. Andrew Espinoza. Helen Callier, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number TOW20160007711/452-16-4298.TOW, TDLR v. Chad T. Ross. Rick Figueroa, seconded by Helen Callier, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number TOW20160014449/452-16-4318.TOW, TDLR v. Michael Terry d/b/a Terry’s Wrecker Service. Rick Figueroa, seconded by Deborah Yurco, moved to grant the motion to continue. The motion was passed by unanimous vote.

Chairman Arismendez returned to the meeting.

Chairman moved to agenda D, action on items discussed in Executive Session. Rick Figueroa, seconded by Tom Butler, moved to deny the settlement offer in the TDLR vs. Merlin Transport Inc. case. The motion was passed by unanimous vote.

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

Docket number VSF20160018209, TDLR v. Cowboy Acres Inc., d/b/a WDC Enterprises. Rick Figueroa, seconded by Tom Butler, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number TOW20160015014, TDLR v. Jeff Bailey d/b/a Bailey’s Weldon Auto Center. Tom Butler, seconded by Rick Figueroa, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number BAR20160009812, TDLR v. Ronald B. Clark d/b/a Shear SSimplicity 2 and Shear Simplicity 2. Deborha Yurco, seconded by Rick Figueroa, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number VSF20160018095, TDLR v. Tasco Storage Lot Inc. d/b/a ARC Auto Storage. Rick Figueroa, seconded by Helen Callier, moved to deny the rehearing. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item H, Discussion of the State Auditor’s Audit Report on Financial Processes at the Department of Licensing and Regulation. Brian Francis made comments about the audit process. The Commission did not have any questions on this item.

Chairman Arismendez moved to agenda item K, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 76, Water Well Drillers and Water Well Pump Installers, as a result of the four-year rule review. Tom Butler, seconded by Rick Figueroa, moved to accept the rules as presented with an effective date of December 1, 2016. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item L, Discussion and possible action to approve revised penalty matrices for Combative Sports Contestants, Referees, Promoters, Amateur Combative Sports Associations, Seconds, Matchmakers, Judges, Event Coordinators, and Managers. Tom Butler, seconded by Helen Callier, moved to approve the matrices as presented. The motion was passed by unanimous vote.

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

  • Auctioneer Advisory Board – Reappointments: John Swofford, Presiding Officer, (term expires 09/01/2017); Joel Lemley (term expires 09/01/2017); Norman N. Seaton (term expires 09/01/2017); and Shelley Weidner (term expires 09/01/2017)
  • Dyslexia Therapists and Practitioners Advisory Committee – New appointment: Beatriz Daniels (term expires 12/31/2017)

Chairman Arismendez moved to agenda item M, Staff Reports. Brian Francis reported to the Commission and answered questions from the Commission.

Chairman Arismendez moved to agenda item O, Advisory Board Report. Jeff Copas gave the report to the Commission.

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

Chairman Arismendez moved to agenda item Q, Discussion of date, time, and location of future Commission meetings. The next meetings were determined to be January 18, 2017, March 1, 2017, and April 5, 2017.

Chairman Arismendez moved to agenda item R, Adjournment. The meeting was adjourned at 4:00 p.m.