Texas Commission Of Licensing and Regulation Meeting of March 30, 2009

Meeting of March 30, 2009
E.O. Thompson State Office Building
7^th Floor Public Meeting Room
Austin, Texas

Summary of Minutes

Chairman Frank Denton called the meeting of the Texas Commission of Licensing and Regulation to order at 9:03 a.m., Monday, March 30, 2009. Members present were Chairman Frank Denton; Vice-Chair LuAnn Morgan; Commissioners Mike Arismendez, Lewis Benavides, Fred Moses; Lilian Norman-Keeney and Deborah Yurco. A roll call verified that a quorum was present.

Staff present included: William Kuntz, Executive Director; Dianne Casey, Assistant Deputy Executive Director; Brad Bowman, General Counsel; Jeff Hill, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Lynn Latombe, Assistant General Counsel; Pamela Legate, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Glen Bridge, Information Services; Jerry Daniels, Financial Management; Don Dudley, Director of Education & Examination; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; Gene Mays, Customer Service; Dede McEachern, Director of Licensing; Simon Skedd, Information Services; and Kay Mahan, Executive Assistant.

Mike Arismendez, seconded by LuAnn Morgan, moved to approve the minutes of the meeting of February 3, 2009. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item C, Public Comment. Public comments were heard from Pat Johnson with Texas Towing Compliance and David King with King Barber Shop.

Chairman Denton moved to agenda item D1, Contested Cases. The final action on each Proposal for Decision is as follows:

Docket Number COS2007006590D/452-08-4240.COS, TDLR v. Roya Qadri. Deborah Yurco, seconded by LuAnn Morgan, moved to deny the Proposal For Decision as presented, and reinstate the $5,000 penalty. The motion was passed with Fred Moses voting in dissent.

Docket Number ELC2007006018C/452-08-3933.ELC, TDLR v. Terry Litzman. Fred Moses, seconded by LuAnn Morgan, moved to remand this case back to the State Office of Administrative Hearings. The motion was passed by unanimous vote.

Docket Number ELC2008003724S/452-09-0069.ELC, TDLR v. Ron Claypool d/b/a The Facilities Services Group. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal For Decision and include a $3,500 penalty. The motion was passed with Fred Moses voting in dissent.

Docket Number ELC2008005269L/452-09-0068.ELC, TDLR v. Stanley C. Padgett. Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to accept the Proposal For Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2009000446L/452-09-0732.ELC, TDLR v. Kevin McCuistion. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal For Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2008005342L/452-09-0373.ELC, TDLR v. Manuel H. Martinez, Jr. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal For Decision as presented. The motion was passed with Mike Arismendez, Frank Denton, Fred Moses, Lilian Norman-Keeney and Deborah Yurco voting in favor and Lewis Benavides and LuAnn Morgan voting in dissent.

The meeting was recessed at 10:25 a.m.

The meeting was reconvened at 10:36 a.m.

Docket Numbers PTC2006000518C, PTC2007000300C, PTC2007000283M, & PTC2007000368C/452-08-3466.PTC, TDLR v. Jonathan Kutner. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the modified Proposal For Decision, including a penalty of $10,000 and a license suspension of one year. The motion was passed with Fred Moses voting in dissent.

Chairman Denton moved to agenda item D2, Contested Cases – Defaults. The final action on each Proposal for Decision is as follows:

Docket Numbers COS2007005356D/452-08-3786.COS, TDLR v. Ashley Nicole Ingram; COS2008004789C/452-09-0298.COS, TDLR v. Michelle Maldonado d/b/a Benny’s Corte de Pelo; ELC2008001537L/452-09-0371.ELC, TDLR v. Harry Segura; and ELC2008009282L/452-09-1513.ELC, TDLR v. Eric L. Dykes. LuAnn Morgan, seconded by Fred Moses, moved to accept the Proposals For Decision as presented. The motion was passed by unanimous vote.

Docket Number BAR2008000544D/452-08-3292.BAR, TDLR v. Marc Tarrell Hayes d/b/a Freeloaders Barber Shop. LuAnn Morgan, seconded by Deborah Yurco, moved to remand this case back to Enforcement. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item E, Consideration and possible action on a Motion for Rehearing filed by Robert Ginther, Docket No. ACR2007003834D (Texas Department of Licensing and Regulation v. Robert Ginther). Fred Moses, seconded by Mike Arismendez, moved to grant the Motion for Rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item F, Consideration and possible action on a Motion for Rehearing filed by Stephen Sparks, Docket No. ACR2007003134D (Texas Department of Licensing and Regulation v. Stephen Sparks). Lilian Norman-Keeney, seconded by LuAnn Morgan, moved to deny the Motion for Rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item G, Consideration and possible action on a Motion for Rehearing filed by Hong Phan, Docket No. COS2008004642D (Texas Department of Licensing and Regulation v. Hong Phan). Fred Moses, seconded by Mike Arismendez, moved to deny the Motion for Rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item I, Consideration and possible action on a Motion for Rehearing filed by Arnold V. Perry, Docket No. BAR2008007817D (Texas Department of Licensing and Regulation v. Arnold V. Perry). Lilian Norman-Keeney, seconded by Mike Arismendez, moved to deny the Motion for Rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H, Consideration and possible action on a Motion for Rehearing filed by Rosa Duran, Docket No. COS2008009106D (Texas Department of Licensing and Regulation v. Rosa Duran). Mike Arismendez, seconded by Deborah Yurco, moved to deny the Motion for Rehearing. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Consideration of possible action on a Motion for Rehearing filed by Carlos Estrada, Docket No. COS2008008191D (Texas Department of Licensing and Regulation v. Carlos Estrada). LuAnn Morgan, seconded by Fred Moses, moved to grant the Motion for Rehearing. The motion was passed by unanimous vote.

The meeting was recessed at 11:58 a.m.

The meeting was reconvened at 12:18 p.m.

Chairman Denton moved to agenda item D3, Uncontested Cases/Default Cases heard before the TDLR. The final action on each proposed Default Order is as follows:

Docket Numbers ACR2007001211C, TDLR v. Marcus Crocker; ACR2007006263I, TDLR v. Jason Powell d/b/a J. P. Air; ACR2008004013C, TDLR v. George W. Paris; ACR2008009792C, TDLR v. Nelson Bui; BAR2007006637D, TDLR v. Joseph Polk; BAR2008003519D, TDLR v. Deedra J. Metcalf; BAR2008003895C, TDLR v. Robert Corona d/b/a Clipper Joint; BAR2008008242D, TDLR v. Osha Randle, Jr. d/b/a R.J.’s Barber Shop; BAR2009002770D, Narlin R. Collins d/b/a Palace Barber Shop; BAR2009003080D, TDLR v. Gregory James Garcia d/b/a G & M Barber Shop; COS2007002169D, TDLR v. Van Thu Truong; COS2007002226D, TDLR v. Trang Xuan Do; COS2007002245D, TDLR v. Huong Van Le; COS2007002256D, TDLR v. Phuong Thi Le; COS2007006384D, TDLR v. Trung Tran d/b/a LA Nails; COS2008001052D, TDLR v. Reema Khan d/b/a Salon Rupa – Shapes Brow Bar; COS2008003011D, TDLR v. Son Quoc Hoang; COS2008004012D, TDLR v. Reema Khan d/b/a Salon Rupa; COS2008004321D, TDLR v. Reema Khan d/b/a Salon Rupa; COS2008004639D, TDLR v. Thuy Trang Nguyen d/b/a Hair & Nails by Nancy; COS2008005403D, TDLR v. Lynee Phares d/b/a Lynee’s Beauty Salon; COS2008005544D, TDLR v. Linda Cam Vo; COS2008007215D, TDLR v. Reema Khan d/b/a Salon Rupa; COS2008008629D, TDLR v. Lucas Durocher d/b/a Texas Barber Shop; COS2008009439D, TDLR v. Alfred Maldonado d/b/a Benny’s Corte De Pelo; COS2009000069D, TDLR v. Dung Bui & Thu Bui d/b/a Nails & Design; COS2009000667D, TDLR v. Thanh Thai Phan d/b/a Nails 96; COS2009000669D, TDLR v. The Other Place Hairstylist; COS2009000850D, TDLR v. Jennifer Robinson; COS2009001597D, TDLR v. Giang Dang; COS2009002094D, TDLR v. Latoya Lashae McGraw d/b/a Essence Hair Salon; COS2009003353D, TDLR v. Dionne Ford d/b/a Parlors at Precise/Precise Salon; COS2008007908D, TDLR v. Suong Thi Le Truong d/b/a Da-Vi Nails #471; EAB2009002310D, TDLR v. Daniel Lopez, Jr.; ELC2007004109S, TDLR v. Ever Fuentes; ELC2008007653S, TDLR v. Victor Andrade; ELC2009000291L, TDLR v. David A. Crabb; ELC2009001437L, TDLR v. Francisko R. Morgan; ELC2008004991L, TDLR v. Emilioz A. Arellano; ELC2008009851L, TDLR v. Cory Weaver; SCP2007006273C, TDLR v. Butler Financial Solutions, LLC; SCP2008001641C, TDLR v. Butler Financial Solutions, LLC; SCP2008001877C, TDLR v. Ultimate Warranty Corporation; SCP2008002286C, TDLR v. Butler Financial Solutions, LLC; TOW2008005865C, TDLR v. Terry Carboni d/b/a A.J. Towing of Dallas; TOW2009001916C, TDLR v. Terry Carboni d/b/a A.J. Towing of Dallas; VSF2008005889D, TDLR v. Terry Carboni d/b/a Towing Automotive Storage LLC; WWD2007002567D, TDLR v. Sebastian Robles; WWD2008001466D, TDLR v. Duward Bragg d/b/a Diamond B Pump; and WWD2008005178D, TDLR v. Juan Soriano. Deborah Yurco, seconded by LuAnn Morgan, moved to accept the Default Orders as presented. The motion was passed by unanimous vote.

Docket Numbers BAR2008001065D, TDLR v. Connie Kirk; BAR2008003907D, TDLR v. James Corey Hartley d/b/a Cut Doctors of Katy #2; BAR2008006663D, TDLR v. Keith Thomas d/b/a The Third Base Barber Shop; BAR2008007836D, TDLR v. Carl L. Williams, Jr.; BAR2009000139D, TDLR v. Connie Sermino d/b/a Connie’s Hair Fashion; BAR2009002022D, TDLR v. Vernon Kirk d/b/a Marksman Barber Shop; BAR2009002774D, TDLR v. Elouise West d/b/a Elouise Barber Shop; COS2007002164D, TDLR v. Bach Nhanh Trinh; COS2008001373C, TDLR v. Dao Vo d/b/a MJ Nails Spa; COS2008003254D, TDLR v. Abraham Sanchez; COS2008004264D, TDLR v. Lalla McAllister d/b/a Lalla’s Braiding; COS2008005053D, TDLR v. My Hung Nguyen & Huyen Tran Nguyen d/b/a Natural Nails; COS2008005652D, TDLR v. Aissalou Matty Diagne-Mayes; COS2008005753D, TDLR v. Tushika Sherell Lacy; COS2008005756D, TDLR v. Chasity N. Lewis; COS2008007014D, TDLR v. America’s Cool Cuts; COS2008007015D, TDLR v. Ethel Rodriguez; COS2008007508D, TDLR v. Hopie Solomon d/b/a Unique Hair Design; COS2008008494D & COS2008009791D, TDLR v. Gloria Carrizales d/b/a Prestige Beauty Studio; COS2008009460D, TDLR v. Huong Minh Pham d/b/a Excel Nails; COS2009001825D, TDLR v. Lan Vu d/b/a Mary Rose Family Hair; COS2009002330D, TDLR v. Lori Ann Garza; COS2009002587D, TDLR v. Veronica Ihama-Ojo d/b/a Higher Level Beauty Studio; ELC2007003928D, TDLR v. Armando Bustamante; TAL2009000436C, TDLR v. Carlos Gutierrez, Jr. d/b/a Entourage Entertainment; VSF2008007756C, TDLR v. Maherf Bakie d/b/a Car Zone Storage Lot; and VSF2008007898C & VSF2008008347C, TDLR v. Sam Said d/b/a Holmes Road Storage. The Commission took no action on these cases.

Chairman Denton moved to agenda item P, Executive Session at 1:12 p.m., to be followed by a lunch break.

The meeting was reconvened at 2:10 p.m.

No action was taken on the Executive Session.

Chairman Denton moved to agenda item K, Discussion and possible action on the adoption of proposed amendments at 16 Texas Administrative Code, Chapter 74, §74.55, which would require elevator inspectors to report to the Department when they have completed an inspection of equipment. Fred Moses, seconded by Lilian Norman-Keeney, moved to adopt the rules as presented effective August 1, 2009. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item L, Election of Vice-Chair / Assignments of Commission Workgroups. LuAnn Morgan, seconded by Lilian Norman-Keeney moved to elect Mike Arismendez as Vice-Chair of the Commission. The motion was passed with 6 votes in favor and with Mike Arismendez abstaining from the vote. The following workgroup assignments were made:

Audit / Finance: LuAnn Morgan, Chair; Frank Denton and Mike Arismendez.
Enforcement / Compliance: Fred Moses, Chair; Lilian Norman-Keeney and Lewis Benavides.
Bill / Rule Implementation: Deborah Yurco, Chair; Frank Denton and LuAnn Morgan.

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

The meeting was recessed at 3:44 p.m.

The meeting was reconvened at 3:53 p.m.

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

The Commission did not take up agenda item O, Approval of appointments of members to Advisory Boards.

Chairman Denton moved to agenda item R, Discussion of date, time and location of future Commission meeting. This meeting date will be determined at a future time.

Chairman Denton then moved to agenda item S, Adjournment. The meeting was adjourned at 4:45 p.m.

Frank Denton, Chairman
Texas Commission of Licensing and Regulation

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