Texas Commission Of Licensing and Regulation Meeting of October 23, 2008

Meeting of October 23, 2008
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 9:07 a.m., Thursday, October 23, 2008. Members present were Chairman Frank Denton; Commissioners Mike Arismendez, Lewis Benavides, Fred Moses, and Deborah Yurco. A roll call verified that a quorum was present.

Staff present included: William Kuntz, Executive Director; Brian Francis, Deputy Executive Director; Dianne Casey, Assistant Deputy Executive Director; Jeff Hill, Assistant General Counsel; Brad Bowman, Assistant General Counsel; Jonathan Steinberg, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Glen Bridge, Information Services; Jerry Daniels, Financial Management; Don Dudley, Director of Education & Examination; Lee Parham, Compliance; Sharon Homoya, Human Resources; Christina Kaiser, Director of Enforcement; Gene Mays, Customer Service; Dede McEachern, Director of Licensing; and Kay Mahan, Executive Assistant.

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

Deborah Yurco, seconded by Mike Arismendez, moved to approve the minutes of the meeting of September 10, 2008. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item C, Public Comment. There were no public comments.

Chairman Denton moved to agenda item I, Discussion and approval of TDLR’s FY 2009 Annual Audit Plan. Mike Arismendez, seconded by Fred Moses, moved to approve the Audit Plan. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item D, Consideration and possible action on a Motion for Rehearing filed by Ronnie E. Pfile, II, Docket No. ELC2008003725L/452-08-2456.ELC (Texas Department of Licensing and Regulation v. Ronnie E. Pfile, II). Mike Arismendez, seconded by Deborah Yurco, moved to deny the Motion for Rehearing. The motion was passed with Lewis Benavides and Fred Moses voting in dissent.

Chairman Denton moved to agenda item E, Consideration and possible action on a Motion for Rehearing filed by Hazael Guzman, Docket No. ACR2006002000I (Texas Department of Licensing and Regulation v. Hazael Guzman d/b/a Guzman’s Refrigeration). Deborah Yurco, seconded by Mike Arismendez, moved to deny 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 Tanissa Carmon, Docket No. COS2008001314D (Texas Department of Licensing and Regulation v. Tanissa Carmon-Untourage Salon Retreat). Fred Moses, seconded by Deborah Yurco, moved to grant the Motion for Rehearing. The motion was passed with Mike Arismendez voting in dissent.

Chairman Denton moved to agenda item G, Consideration and possible action on a Motion for Rehearing filed by Denise Haven Timms, Docket No. COS2008003299D (Texas Department of Licensing and Regulation v. Denise Haven Timms). Fred Moses, seconded by Deborah Yurco, moved to grant the Motion for Rehearing. The motion was passed with Mike Arismendez voting in dissent.

Chairman Denton moved to agenda item H1, Contested Cases. The final action on each Proposal for Decision is as follows:

Docket Number ELC2008000925L/452-08-2735.ELC, TDLR v. Bryan P. Lester. Fred Moses, seconded by Deborah Yurco, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket Number ELC2008001129L/452-08-2893.ELC, TDLR v. Johnny L. Surber. Mike Arismendez, seconded by Deborah Yurco, moved to accept the Proposal for Decision with the amendment to revoke the license. The motion was passed by unanimous vote.

Docket Number ELC2008004897L/452-08-3319.ELC, TDLR v. Damia L. Roberson. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item H2, Uncontested Cases/Default Cases heard before the TCLR. The final action on each proposed Default Order is as follows:

Docket Numbers ACR2007002353I, TDLR v. John J. Martin; ACR2007004576C, TDLR v. Chris Woelfel; ACR2008003743C, TDLR v. Carlos Rodriguez, d/b/a R C J Heating and Air Plumbing; ACR2008003781S, TDLR v. Rene Orellana, d/b/a J G & R; ACR2008006104D, TDLR v. Richard Fuller; AUC2007006276C, TDLR v. Gavin H. Abadi; BAR2007005568C, TDLR v. Steven Pruitt; BAR2007006587C, TDLR v. Antoinette Jackson McLin, d/b/a Barber’s on Wheels; BAR2008001112D, TDLR v. Robert Henderson; BAR2008003417D, TDLR v. David L. Brown; BAR2008004301D, TDLR v. Byron Scott Evans; BAR2008005406D, TDLR v. Joseph H. Lauderdale; BAR2008006418D, TDLR v. Jamarron Woods; COS2007004434C, TDLR v. Hong Gam Thi Tran, d/b/a Number One Beauty Salon; COS2007006198D, TDLR v. Brandi Lashall Kennard; COS2008001032D, TDLR v. Austin Oasis Day Spa & Nails #2 Inc., d/b/a Oasis Day Spa & Nails 2; COS2008001480D, TDLR v. Maimouna Niang, d/b/a Mai’s African Hair Braiding; COS2008002389D, TDLR v. Beatrice Dominga Rodriguez; COS2008002741D, TDLR v. Elegante Nails Boutique; COS2008003888D, TDLR v. Amber Nichole Brasington; COS2008003913D, TDLR v. Kimberly K. Tipton, d/b/a Stylez For Her; COS2008005048D, TDLR v. Tiffeny Snyder; COS2008005193D, TDLR v. Cortney Nicole Florence; COS2008005384D, TDLR v. Kerstin Jackson; COS2008006011D, TDLR v. Roberto Garcia Alvarez; EAB2007004671D, TDLR v. DDR DB Tech Ventures, LP; and ELC2008000584D, TDLR v. Jose Zamora. Mike Arismendez, seconded by Deborah Yurco, moved to approve the Default Orders as presented. The motion was passed by unanimous vote.

Docket Numbers ACR2007005760C, TDLR v. William Dale Marshall; BAR2008000600D, TDLR v. Marcus Williams; BAR2008005472D, TDLR v. Baltazar Arazia, d/b/a Noe’s Kustom Kutz; COS2007005351D, TDLR v. Shanta Brooks, d/b/a Brooks Hair Studio; COS2007005353D, TDLR v. Ramona Woodard; COS2008001780D, TDLR v. Rosa Elba Sotomayor; COS2008002062D, TDLR v. Jesse Sanchez, d/b/a Jessiye & Company Hair Salon; COS2008002998D, TDLR v. Syngman Stevens, d/b/a Beautyville; COS2008003043D, TDLR v. Jacqueline Buhl, d/b/a N 2 Stylz Total Concept Salon; COS2008003336D, TDLR v. Gladys Martinez, d/b/a Hair Salon; COS2008003467D, TDLR v. Ngoc Tran Vuong, d/b/a Vogue Nails; COS2008004149D, Triad Senior Living III, LP, d/b/a Waterford at Deer Park Salon; COS2008004401D, TDLR v. Deborah S. Anguiano; COS2008004505D, TDLR v. Huy Quang Tran; COS2008005990D, TDLR v. Esther Garcia, d/b/a The Total Look; COS2008005997D, TDLR v. Fernando Sepulveda; COS2008006194D, TDLR v. Evelia I. Pinales, d/b/a I Natural Salon; COS2008006302D, TDLR v. Brooke Wyatt; COS2008006777D, TDLR v. Dung Thi Dinh; COS2008007446D, TDLR v. Patricia Diane McMahon; ELC2007003650D, TDLR v. Alan B. Hayes, d/b/a ABH Property Services; and ELC2007005528C, TDLR v. Willie V. Tatum. The Commission took no action on these cases.

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

The meeting reconvened at 10:35 a.m.

Chairman Denton moved to Docket Numbers COS2008007286D & COS2008007289D, TDLR v. Dennis Kraft, d/b/a Bob Salon. Fred Moses, seconded by Deborah Yurco, moved to remove this case from the default order list. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Discussion and possible action on the adoption of proposed amendments at 16 Texas Administrative Code, Chapter 75, §75.80, regarding fees for the Air Conditioning and Refrigeration Contractor’s program. Fred Moses, seconded by Mike Arismendez, moved to approve the rules as presented. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item K, Discussion on proposed amendments at 16 Texas Administrative Code, Chapter 86, §86.250, regarding continuing education requirements in the Vehicle Towing program. The Commission took no action on this item and requested that the number of hours be discussed by the Towing & Storage Advisory Board.

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

The meeting reconvened at 12:25 p.m.

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

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

Chairman Denton moved to agenda item N, Approval of appointments of members to Advisory Boards. Fred Moses, seconded by Deborah Yurco moved to approve the following appointments:

Elevator Advisory Board – Reappointments: Bryan R. Morris (term expires 11/01/2010); Scott Anderson (term expires 11/01/2010); John T. McGraw (term expires 11/01/2011); Ronald W. Menard (term expires 11/01/2010); New Appointments: Grayson Gill (term expires 11/01/2010); and Ronnie Niemtschk (term expires 11/01/2009).

Medical Advisory Board – New appointment: Michael Haas MD (term expires 02-01-2010).

Chairman Denton moved to agenda item O, Executive Session at 1:20 p.m.

The meeting reconvened at 1:28 p.m.

No action was taken on Executive Session.

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

Chairman Denton then moved to agenda item R, Adjournment. The meeting was adjourned at 1:41 p.m.

Frank Denton, Chairman
Texas Commission of Licensing and Regulation

Top of Page | TDLR Home