Texas Commission Of Licensing and Regulation Meeting of March 7, 2012

Meeting of March 7, 2012
Twin Towers Office Center
1st Floor Public Meeting Room #125E
1106 Clayton Lane
Austin, Texas

Summary of Minutes

Chairman Frank Denton called the meeting of the Texas Commission of Licensing and Regulation to order at 9:01 a.m., Wednesday, March 7, 2012. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners LuAnn Morgan, Fred Moses, Lilian Norman-Keeney, 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; Lynn Latombe, Assistant General Counsel; Pam Legate, Assistant General Counsel; Della Lindquist, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

Ravi Shah, seconded by LuAnn Morgan, moved to approve the minutes of the meeting of January 25, 2012. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item C, Public Comment. One public comment was heard from Pat Johnson concerning the Towing program.

Chairman Denton moved to agenda item D, Briefing from staff and discussion regarding motion for rehearing procedure. Della Lindquist gave the presentation to the Commission and answered questions.

Chairman Denton moved to agenda item E1, Contested Cases. The final action on each Proposal for Decision is as follows:

Docket number ACR20110010741/452-12-3289.ACR, TDLR v. Gregory S. McGowan. Mike Arismendez, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20110009444/452-11-9449.ELC, TDLR v. Alan W. Green. Deborah Yurco, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20110013954/452-12-0755.ELC, TDLR v. Dustin M. Moralez. Ravi Shah, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ACR2009012599C/452-10-5431.ACR, TDLR v. David E. Cabrera d/b/a Iceberg AC & Heating Services. Fred Moses, seconded by Lilian Norman-Keeney, moved to dismiss the Proposal for Decision. The motion was passed by unanimous vote.

Docket numbers BOX2010010269C & BOX2011001030C/452-11-7298.BOX, TDLR v. Davis Sylvester, III; The Sylvester Group, LLC; and Supreme Warrior Championship, LLC. Mike Arismendez, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote with Fred Moses recused from the vote.

Docket number ELC20110013679/452-12-2108.ELC, TDLR v. Harper D. Ursery. Ravi Shah, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote, with Fred Moses not voting.

Docket number TOW20120000152/452-12-2972.TOW, TDLR v. Fernando G. Martinez. Fred Moses, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number TOW20110014865/452-12-0754.TOW, TDLR v. Gary W. Roudabush. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item E2, Contested Cases – Defaults. The final action on the Proposal for Decision is as follows:

Docket number ACR2010009752I/452-11-4286.ACR, TDLR v. Gerald W. Calhoun d/b/a Gerald’s Appliance & AC. Fred Moses, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

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

Docket number ELC2011006737L, TDLR v. Charles-David L. Rogers. Fred Moses, seconded by Lilian Norman-Keeney, moved to grant the Rehearing and remand the case back to SOAH. The motion was passed by unanimous vote.

Docket number COS2009012376D, TDLR v. Quang N.M. Huynh d/b/a T&P Nails Design. Ravi Shah, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket numbers VSF2011002463C & TOW2011007257D, TDLR v. Noelia L. Cantu d/b/a A T Wrecker Service. Ravi Shah, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket number COS2011002644L, TDLR v. Adrian Gaytan. Mike Arismendez, seconded by Ravi Shah, moved to grant the Rehearing and re-adopt the previous Commission decision of January 25, 2012. The motion was passed by unanimous vote with Deborah Yurco abstaining from the vote.

The meeting was recessed at 10:10 a.m.

The meeting was reconvened at 10:29 a.m.

Chairman Denton moved to agenda item G, Discussion and possible action to approve revised For-Profit Legal Service Contracts, Temporary Common Worker Employer, and Weather Modification penalty matrices for inclusion in the Department’s enforcement plan. Fred Moses, seconded by Lilian Norman-Keeney, moved to approve the matrices as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Staff Reports. Bill Kuntz and staff gave reports and answered questions from the Commission.

Chairman Denton moved to agenda item I, Advisory Board Reports. Public Affairs staff gave reports and answered questions from the Commission.

The Commission did not meet in Executive Session.

Chairman Denton moved to agenda item L, Discussion of date, time and location of future Commission meetings. The next meeting will be held on Tuesday, March 27, 2012, at 9:00 a.m.

The meeting was adjourned at 11:10 a.m.

Frank S. Denton, Chairman
Texas Commission of Licensing and Regulation

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