Texas Commission Of Licensing and Regulation Meeting of May 16, 2007
TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of May 16, 2007
E.O. Thompson State Office Building
7th 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 9:06 a.m., Wednesday, May 16, 2007. Members present were Chairman Frank Denton, Vice-Chair LuAnn Morgan, Commissioners Mike Arismendez, Lewis Benavides, Fred Moses, and Lilian Norman-Keeney. 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; Chris Kadas, General Counsel; Jeff Hill, Assistant General Counsel; Brad Bowman, Assistant General Counsel; Jonathan Steinberg, Assistant General Counsel; Glen Bridge, Information Systems Development; Jerry Daniels, Financial Management; Don Dudley, Director of Education and Examination; Sharon Homoya, Human Resources; Lee Parham, Manager, Business & Occupations; Christina Kaiser, Director of Enforcement; Gene Mays, Customer Service Manager; Dede McEachern, Director of Licensing; Simon Skedd, Network and Systems Maintenance; and Kay Mahan, Executive Assistant.
Mike
Arismendez, seconded by Lilian Norman-Keeney, moved to approve the minutes
of the meeting of March 28, 2007. The motion was passed by unanimous
vote.
Fred
Moses, seconded by LuAnn Morgan, moved to excuse the absence of Bill Pittman. 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 D1, Contested Cases. The final action on each Proposal For Decision is as follows:
Docket Number ACR2005002331C/452-06-2607.ACR, TDLR v. Hugh D. Gannon. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed with Lewis Benavides voting in dissent.
Docket Number ACR2007001232C/452-06-3251.ACR, TDLR v. Michael Odum. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal For Decision as presented. The motion was passed by unanimous vote.
Docket Number COS2006004754D/452-07-1473.COS, TDLR v. Ramon Corral. Lilian Norman-Keeney, seconded by Mike Arismendez, moved to continue this case until the next meeting. The motion was passed by unanimous vote.
Docket Number ELC2006003916S/452-07-0773.ELC, TDLR v. Jessie Rosales, Jr., d/b/a Affordable Licensed Electrician. Mike Arismendez, seconded by Lilian Norman-Keeney, moved to accept the Proposal For Decision and impose an administrative penalty of $2000. The motion was passed with LuAnn Morgan voting in dissent.
Docket Number ELC2007000198L/452-07-1335.ELC, TDLR v. Gene E. Brymer. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal For Decision as presented. The motion was passed by unanimous vote.
Docket Number ELC2007000746L/452-07-1476.ELC, TDLR v. Bruce Johnson. Mike Arismendez, seconded by LuAnn Morgan, moved to accept the Proposal For Decision as presented. The motion was passed by unanimous vote.
Docket Number ELC2006001932C/452-07-0481.ELC, TDLR v. The Home Depot USA, Inc. d/b/a Expo Design Center. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal For Decision as presented. The motion was passed by unanimous vote.
Docket Number ELC2007000073L/452-07-0861.ELC, TDLR v. Christopher Ivarra. LuAnn Morgan, seconded by Fred Moses, moved to accept the Proposal For Decision as presented. The motion was passed with Mike Arismendez and Lilian Norman-Keeney voting in dissent.
Docket Number ELE2006000100D/452-07-0348.ELE, TDLR v. Bob C. Nelson. Mike Arismendez, seconded by LuAnn Morgan, moved to decrease the recommended fine to $500 per violation, with the fine total being $1000. The motion was passed with Fred Moses and Frank Denton voting in dissent.
The
meeting was recessed at 10:35 a.m.
The
meeting was reconvened at 10:42 a.m.
Chairman Denton moved to agenda item D2, Contested Cases – Defaults: The final action on each Proposal for Decision is as follows:
Docket Numbers COS2006002635D/452-07-0742.COS, TDLR v. Gladys Esparza; ELC2006004315L/452-07-1048.ELC, TDLR v. Richard P. Stone; ELC2006001510L/452-07-1478.ELC, TDLR v. Benjamin C. Dillon; and WWD2006003105D/452-07-0949.WWD, TDLR v. James T. Ramsey. LuAnn Morgan, seconded by Mike Arismendez, moved to accept the Proposals For Decision as presented. The motion was passed by unanimous vote.
Docket Number WWD2006002646D/452-07-0739.WWD, TDLR v. Albert Kucinski. Fred Moses, seconded by Lilian Norman-Keeney, moved to accept the Proposal For Decision as presented. The motion was passed by unanimous vote.
Docket Number WWD2006003764L/452-07-1054.WWD, TDLR v. John D. Wilkins. Mike Arismendez, seconded by Lilian Norman-Kinney, moved to adopt the Staff’s Order as presented and deny the application. The motion was passed by unanimous vote.
Chairman Denton moved to agenda item D3, Uncontested Cases/Default Cases heard before the TCLR. The final action on each proposed Default Order is as follows:
Docket Numbers ELC2006004397C, TDLR v. Paul Melton, d/b/a North Texas Electrical/N.T.E.; ELC2006002455M, TDLR v. Edward Dees; COS2006000709C, TDLR v. Dong Van Dang, d/b/a D.P. Nails; WWD2007000353D, TDLR v. Michael L. Tumlinson; IHB2007000809C, TDLR v. Terri Lee Willis; ACR2006004075C, TDLR v. Earl Willis; ACR2006003420S, TDLR v. Antonio Santoscoy; and ACR2006003390C, TDLR v. John Anthony Brune. The Commission took no action on these cases.
Chairman Denton moved to agenda item E, Staff Reports. William Kuntz and staff gave reports and answered questions from the Commission.
The meeting was recessed at 11:44 a.m.
The meeting was reconvened at 11:55 a.m.
Chairman Denton moved to agenda item F, Advisory Board Reports. Brian Francis gave a brief report to the Commission.
Chairman Denton moved to agenda item K, Executive Session at 12:25 p.m.
The open meeting reconvened at 12:50 p.m.
Chairman Denton moved to agenda item L, Action on items discussed in Executive Session. LuAnn Morgan, seconded by Fred Moses, moved to accept the court’s decision and consider the matter resolved in Case # D1GN06001451, held in the 200th Judicial District Court of Travis County, Conley & Karrer v. TDLR. The motion was passed by unanimous vote.
Chairman Denton moved to agenda item G, Discussion regarding contracting with or employment of an Internal Auditor. The Commission Audit/Finance Committee will meet with Monday Rufus before next Commission meeting.
Chairman Denton moved to agenda item H, Discussion and possible action on the adoption of proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 66, §§66.10, 66.20, 66.23, 66.25, 66.70, and 66.90; and the repeal of §66.61 regarding the property tax consultants program to adjust the continuing education requirements, update law and rule citations and other references, delete redundant provisions, and rearrange provisions for better organization. LuAnn Morgan, seconded by Mike Arismendez, moved to adopt the proposed rule amendments as presented with an effective date of July 1st, 2007.
Chairman Denton moved to agenda item I, Approval of appointments of members to Advisory Boards. Fred Moses, seconded by LuAnn Morgan, moved to approve the following appointment. The motion was passed by unanimous vote.
- Electrical Safety and Licensing Advisory Board – New Appointment: Karen York (term expires 2/1/2011).
Chairman
Denton moved to agenda item J, Legislative Update. Brian Francis
and Steve Bruno gave the Commission a brief update.
Chairman
Denton moved back to agenda item D1.9, Contested Case – ELE2006000100D/452-07-0348.ELE,
TDLR v. Bob C. Nelson. Mike Arismendez, seconded by Fred Moses, moved
to reconsider the previous Decision of the Commission. The motion was
passed with LuAnn Morgan and Lewis Benavides voting in dissent. Mike
Arismendez, seconded by Fred Moses, moved to accept the Proposal For Decision
as originally presented with a fine of $1,000 per violation, totaling $2,000. The
motion failed with Mike Arismendez, Fred Moses and Frank Denton voting in favor
and Lewis Benavides, LuAnn Morgan and Lilian Norman-Keeney voting in dissent.
Chairman Denton moved to agenda item M, Discussion of date, time and location of next Commission meeting. The next meeting date was scheduled for Wednesday, July 25, 2007 at 9:00 a.m.
Chairman Denton then moved to agenda item N, Adjournment. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved for adjournment. The motion was passed by unanimous vote. The meeting was adjourned at 1:45 p.m. Frank Denton, Chairman
Texas Commission of Licensing and Regulation