Texas Commission Of Licensing and Regulation Meeting of May 29, 2012

Meeting of May 29, 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 1:01 p.m., Tuesday, May 29, 2012. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners LuAnn Morgan, 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; Lynn Latombe, Assistant General Counsel; Pam Legate, Assistant General Counsel; Della Lindquist, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

Mike Arismendez, seconded by LuAnn Morgan, moved to excuse the absence of Commissioners Fred Moses, Lilian Norman-Keeney, and Deborah Yurco. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item O, Executive Session at 1:06 p.m.

The open meeting was reconvened at 1:35 p.m.

There was no action taken on the Executive Session.

Mike Arismendez, seconded by LuAnn Morgan, moved to approve the minutes of the meeting of March 27, 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 with Texas Towing Compliance.

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

Docket Number ACR20120001694/452-12-3977.ACR, TDLR v. John T. Tello. Mike Arismendez, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number BAR2011001890D/452-11-6247.BAR, TDLR v. Christina Omorojie d/b/a C&J Hair Salon. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number BAR2011004058C/452-12-0883.BAR, TDLR v. Gary T. Ringo d/b/a Talking Headz Barber Shop. Mike Arismendez, seconded by Ravi Shah, moved to modify the Proposal for Decision to include a penalty of $1,500. The motion was passed by unanimous vote.

Docket Number BAR20120000473/452-12-4059.BAR, TDLR v. Lynn E. Mays. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number BOX20120002939/452-12-4154.BOX, TDLR v. Roy Mack Oliver, Jr. Mike Arismendez, seconded by Ravi Shah, moved to remand this case back to SOAH for clarification concerning the eye exam. The motion was passed by unanimous vote.

Docket Number COS20110013823/452-12-3608.COS, TDLR v. Quan Anh Tran. Ravi Shah, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented including a license suspension until 2015. The motion was passed by unanimous vote.

Docket Number ELC2010006074C/452-11-4260.ELC, TDLR v. Ramon Carrion d/b/a AARC Electrical Services. This case was continued.

The meeting was recessed at 2:50 p.m.

The meeting was reconvened at 3:02 p.m.

Docket Number ELC20120001959/452-12-3860.ELC, TDLR v. Anthony A. Escobedo. Ravi Shah, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC20120003899/452-12-4060.ELC, TDLR v. Bradley S. Miceli. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number PTP2011003051C/452-12-0998.PTP, TDLR v. Marcy Jean Howell. LuAnn Morgan, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Numbers TOW2010002853C, TOW2010009693I, VSF2011000364C, and VSF2011005859C/452-11-5845.TOW, TDLR v. Recovery Systems, Inc. d/b/a Pro-Tow Wrecker Service and d/b/a Pro-Tow. Mike Arismendez, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number TOW20120000031/452-12-2906.TOW, TDLR v. Damian K. Bourquin. Ravi Shah, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

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

Docket Number EAB20120004650, TDLR v. Only Thirteen, Inc. Harcharan S. Narang, Registered Agent. LuAnn Morgan, seconded by Ravi Shah, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2011004476D, TDLR v. Ngoc Hong Tran. Mike Arismendez, seconded by Ravi Shah, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number VSF2010006552C, TDLR v. Morgan Towing, Inc. d/b/a Texas Wrecker Service. Mike Arismendez, seconded by LuAnn Morgan, moved to modify the penalty to $1,000 (from $2,000) and deny the Rehearing. The motion was passed by unanimous vote.

Docket Number EAB20120002066, TDLR v. LMG LTD. LuAnn Morgan, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number TOW2011004522C, TDLR v. Carlos Benitez d/b/a Precise Towing & Recovery. LuAnn Morgan, seconded by Mike Arismendez, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2011007063C, TDLR v. Desire Salon Spa, Inc. d/b/a Tony Cao Salon & Spa Genanew Bezuneh, Registered Agent. Mike Arismendez, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Numbers COS2009010481D & COS2011001500D, TDLR v. Hai T. Tran and Tiffany Tang d/b/a Elegance Nails. LuAnn Morgan, seconded by Ravi Shah, moved to grant the Rehearing. The motion was passed by unanimous vote.

Docket Number COS2011002644L, TDLR v. Adrian Gaytan. Mike Arismendez, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number EAB20110008479, TDLR v. 4669 SW Partners, LLC. Mike Arismendez, seconded by Ravi Shah, moved to deny the Rehearing. The motion was passed by unanimous vote.

Docket Number ELC20110013679, TDLR v. Harper D. Ursery. Mike Arismendez, seconded by LuAnn Morgan, moved to deny the Rehearing. The motion was passed with Ravi Shah voting in dissent.

Docket Number TOW2011007650C, TDLR v. Scott Schaefer d/b/a Schaefer Wrecker Service. Mike Arismendez, seconded by Ravi Shah, moved to deny the Rehearing. The motion was passed by unanimous vote.

The meeting was recessed at 3:48 p.m.

The meeting was reconvened at 4:04 p.m.

Chairman Denton moved to agenda item H, Discussion and possible action to approve a Property Tax Professionals penalty matrix for inclusion in the Department’s enforcement plan. Ravi Shah, seconded by Mike Arismendez, moved to approve the penalty matrix and delete, in each of the classes, the line that reads “in lieu of paying fine, Registrant may agree to revocation of license”. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item F, Discussion and possible action to approve revised Air Conditioning and Refrigeration Contractors penalty matrix for inclusion in the Department’s enforcement plan. Ravi Shah, seconded by LuAnn Morgan, moved to approve the penalty matrix with the addition of language (on page 3, “failed to perform all electrical work in accordance with National Electrical Code”) “and the International Residential Code”. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item G, Discussion and possible action to approve revised Barber penalty matrix for inclusion in the Department’s enforcement plan. Ravi Shah, seconded by LuAnn Morgan, moved to approve the penalty matrix with the amendment to move the unlicensed activity section (13 violations) to Class F. The motion was passed with Mike Arismendez voting in dissent.

The meeting was recessed at 5:12 p.m.

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

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