Texas Commission Of Licensing and Regulation Meeting of July 28, 2008
TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of July 28, 2008
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 1:06 p.m., Monday, July 28, 2008. 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; Jeff Hill, Assistant General Counsel; Brad Bowman, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Christina Kaiser, Director of Enforcement; and Tamala Fletcher, Executive Assistant.
Mike Arismendez, seconded by Deborah Yurco, moved to approve the minutes of the meeting of June 20, 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, Approval of agency’s Legislative Appropriations Request for Fiscal Years 2010-2011. Mike Arismendez, seconded by LuAnn Morgan, moved to approve the LAR. 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 Alfredia Womack, Docket No. EAB2007002007D, (Texas Department of Licensing and Regulation v. Alfredia Womack). 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 E, Consideration and possible action on a Motion for Rehearing filed by Jackie Sue Clifton, Docket No. COS2008000356D, (Texas Department of Licensing and Regulation v. Jackie Sue Clifton). Deborah Yurco, seconded by Lilian Norman-Keeney, moved to deny the Motion for Rehearing. The motion was passed with LuAnn Morgan voting in dissent.
Chairman Denton moved to agenda item F, Consideration and possible action on a Motion for Rehearing filed by Toan Cong Tran, Docket No. 452-08-1299.COS, (Texas Department of Licensing and Regulation v. Toan Cong Tran). Mike Arismendez, seconded by Lilian Norman-Keeney, 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 Trinh Trong Nguyen, Docket No. 452-07-3404.COS (Texas Department of Licensing and Regulation v. Trinh Trong Nguyen). Lilian Norman-Keeney, seconded by Deborah Yurco, moved to deny the Motion for Rehearing. The motion was passed by unanimous vote.
The meeting was recessed at 2:08 p.m.
The meeting reconvened at 2:20 p.m.
Chairman Denton moved to agenda item H1, Contested Cases. The final action on each Proposal for Decision is as follows:
Docket Number COS2007003556D/452-08-1303.COS, TDLR v. Ilkka Mikael Pyy d/b/a La Vang Nails. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.
Docket Number COS2008000585D/452-08-2310.COS, TDLR v. Tien Van Nguyen & Phoung Le To d/b/a Da Vi Nails. Mike Arisemendez, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.
Docket Numbers COS2007003320C & COS2007004039C/452-08-2263.COS, TDLR v. Thuy Loan Tran d/b/a T Nails. LuAnn Morgan, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.
Docket Number ELC2007004950L/452-08-1099.ELC, TDLR v. Jorge L. Silva. Lilian Norman-Keeney, seconded by Deborah Yurco, moved to disapprove the Proposal for Decision and deny the license. The motion was passed by unanimous vote.
Docket Number ELC2008000434L/452-08-1733.ELC, TDLR v. James D. Cundiff. LuAnn Morgan, seconded by Lilian Norman-Keeney, moved to disapprove the Proposal for Decision and deny the license. The motion was passed by unanimous vote.
Docket Number ELC2008001358L/452-08-2110.ELC, TDLR v. Larry Granado. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.
Docket Number ELC2008002020L/452-08-2455.ELC, TDLR v. Michael S. Williams. LuAnn Morgan, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.
Docket Number ELC2008003556L/452-08-2966.ELC, TDLR v. Ray R. Luera. Mike Arismendez, 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 H2, Contested Cases – Defaults. The final action on each Proposal for Decision is as follows:
Docket Numbers BOX2007005645D/452-08-1298.BOX, TDLR v. M&M Promotions, Inc.; ELC2008002122L/452-08-2264.ELC, TDLR v. Christopher Arms; and ELC2008003841L/452-08-2109.ELC, TDLR v. James C. Smith. Fred Moses, seconded by Mike Arismendez, moved to accept the Proposals for Decision as presented. The motion was passed by unanimous vote.
Docket Number COS2007003124D/452-08-0433.COS, TDLR v. Trang Thi Ngoc Thanh Nguyen. The Commission took no action on this case.
The meeting was recessed at 3:36 p.m.
The meeting reconvened at 3:45 p.m.
Chairman Denton moved to agenda item H3, Uncontested Cases/Default Cases heard before the TCLR. The final action on each proposed Default Order is as follows:
Docket Numbers ACR2007000108C, TDLR v. Tommy Corea d/b/a C&C Services; ACR2007000689I, TDLR v. Timmy Lee Saxton; ACR2007001133D, TDLR v. Curtis Herrmann; ACR2008000159S, TDLR v. Francisco H. Sauceda d/b/a FAS Mechanical Services, Inc.; ACR2008000609C, TDLR v. Jim Ward; ACR2008003754S, TDLR v. Mike Sims d/b/a Home Work Handyman Service; BAR2008000067D, TDLR v. Warrick Lathon; BAR2008000545D, TDLR v. Brian Earl Jackson; BAR2008002437D, TDLR v. Damion Henderson; BAR2008002761D, TDLR v. Billy D. Watson, Jr.; BAR2008003027D, TDLR v. Jacqueline Sykes; BAR2008004563D, TDLR v. Toussaint Washington; BAR2008004629D, TDLR v. Desmond A. McAfee; BAR2008005205D, TDLR v. Orlando Ramon Kiser; BLR2007002658D, TDLR v. Curtis Berry; BOX2008005680I, TDLR v. Roy Jones d/b/a Knockout Boxing Promotions; COS2007000606D, TDLR v. Delia D. Zavala d/b/a Boots Beauty Boutique; COS2007001949D, TDLR v. Bay Thi Le; COS2007002163D, TDLR v. Thanh-Tam Thi Tran; COS2007003452D, TDLR v. Maria M. Ordonez; COS2007003978C, TDLR v. Margaret Finn d/b/a The Spotlight Salon; COS2007005368D, TDLR v. Thu Nguyen d/b/a Regal Nails; COS2007006168D, TDLR v. Sylvia Castillo; COS2008000987C, TDLR v. Vu Thanh Pham; COS2008001429D, TDLR v. Tu Dinh Tran d/b/a Perfect Nail–Spa; COS2008001983D, TDLR v. Maria Perez; COS2008002046D, TDLR v. Wilson Allimi d/b/a Brodas Hair Cuts; COS2008002101D, TDLR v. Roy Melendez d/b/a Unique Image; COS2008002419D & COS2008002732D, TDLR v. Jacklyn Pham d/b/a ML Hollywood Nails; COS2008002707D, TDLR v. Heather L. Rigoulot; COS2008002808D, TDLR v. Jesus Ortega d/b/a Xxtremes West Salon; COS2008003081D, TDLR v. Deborah Ann Johnson; COS2008003213D, TDLR v. Nancy Thu Thi Nguyen d/b/a Fancy Nails; COS2008003586D, TDLR v. Kimberly Nichols; COS2008003977D, TDLR v. Kyle Butler d/b/a Basic Trends Salon; COS2008004265D, TDLR v. Nga Thi Truong d/b/a K Nails; COS2008004289D, TDLR v. Pauline McCrory; COS2008004415D, TDLR v. Tam Thanh Huynh; COS2008004707D, TDLR v. Tomica Booker; COS2008004763D, TDLR v. Tuan Van Hoang; COS2008004920D, TDLR v. Tan Fo Ha; COS2008005386D, TDLR v. Rockaya Gaye; COS2008005390D, TDLR v. Yama Jobe; COS2008005435D, TDLR v. Maria Zai; COS2008005720D, TDLR v. Mai Thanh Le; ELC2007000076C, TDLR v. Curtis Herrmann; ELC2007003415D, TDLR v. Jorge L. Moncada; ELC2007005547C, TDLR v. Tony D. Snodgrass d/b/a All Around Maintenance Repair and Improvement; ELC2008001019C & ELC2008001587S, TDLR v. Antonio Urquidi d/b/a Direct Electric, Inc.; ELC2008001356D, TDLR v. Glen C. Perkins; ELC2008001586S, TDLR v. Prabh Charen; ELC2008002236C, TDLR v. Steve Usleton d/b/a Steve Usleton Remodeling & Roofing; ELC2008002851D, TDLR v. Roberts L. Cates; ELC2008003721S, TDLR v. Shon Brunswick d/b/a Power Trip; ELC2008003723S, TDLR v. Michael Holmes; ELC2008003736S, TDLR v. Raul Torres; ELC2008003751S, TDLR v. Mike Daley; ELC2008003753S, TDLR v. Mike Sims d/b/a Home Work Handyman Service; ELC2008003776D, TDLR v. Daniel Furman; ELC2008004456D, TDLR v. Richard Ross; ELC2008004648M, TDLR v. Randall Roberts; TOW2008002591D, TDLR v. Lois Corley; VSF2008002585D, TDLR v. Shaun Stucky; VSF2008002648D, TDLR v. Doyle Ray; and WWD2007004778D, WWD2007004775D, WWD2007004748D, WWD2007004750D, WWD2007004777D and WWD2008001760D, TDLR v. Leroy Franklin Spear. Mike Arismendez, seconded by LuAnn Morgan, moved to approve the Default Orders as presented. The motion was passed by unanimous vote.
Docket Numbers ACR2007005831M, TDLR v. Elbert Lawrence; BAR2008000550D, TDLR v. Gerald McKinney; COS2007001751C, TDLR v. Ngoc Nong Nguyen; COS2007006422D, TDLR v. Darlene Austin Lang; COS2008000620C, TDLR v. Hoat Nguyen d/b/a Neon Nail; COS2008001054I, TDLR v. Hoang Dang; COS2008001310D, TDLR v. Susane Ho d/b/a Donna’s Nails Salon; COS2008001736C, TDLR v. Thai Van Nguyen d/b/a 1st Class Nails; COS2008002062D, TDLR v. Jesse Sanchez d/b/a Jessiye & Company Hair Salon; COS2008002389D, TDLR v. Beatrice Dominga Rodriguez; COS2008002640D, TDLR v. Tonya Nicole McDonald; COS2008003152D, TDLR v. Carlos Alonso Ruiz; COS2008003799D & COS2008003831D, TDLR v. Alicia Ortiz d/b/a Alis Beauty Salon & Alis Beauty Salon 1; COS2008003804D, TDLR v. Martha Negrete Reyes; COS2008003833D, TDLR v. Miriam Navarrete; COS2008003836D, TDLR v. Esmeralda M. Arellano; COS2008004069D, TDLR v. Man Hoang d/b/a Quang Thanh Corp.; COS2008004441D, TDLR v. James Gray and M. Timothy Clark d/b/a Town Village Ridgmar; COS2008004451D, Jessica M. Lacefield d/b/a 7th Street Villa Day Spa, LTD; COS2008005179D, TDLR v. Aaron Joseph Phillips; COS2008005381D, TDLR v. Aminata Diagne; COS2008005409D, TDLR v. Amadou Sy d/b/a Fatima Hairbraiding; EAB2006003950D, TDLR v. Carmike Cinemas, Inc.; EAB2008001948D, TDLR v. IWASMLP & ISA; ELC2008000177S, TDLR v. Jose Aguinaga d/b/a Jose’s Multiservice/General Handyman; ELC2008004758I, TDLR v. David L. Anderson; and ELE2008001176D, TDLR v. Home Depot #509. The Commission took no action on these cases.
Chairman Denton moved to agenda item K, Staff Report. William Kuntz and staff gave reports and answered questions from the Commission.
The meeting was recessed at 4:34 p.m.
The meeting reconvened at 4:45 p.m.
Chairman Denton moved to agenda item M, Executive Session at 4:45 p.m.
The meeting reconvened at 5:43 p.m.
Chairman Denton moved to agenda item N, Action on items discussed in Executive Session. Mike Arismendez, seconded by LuAnn Morgan, moved to recommend to the Legislature that the Executive Director’s salary range be moved from a Group 4 to a Group 5, with Commission authority to set the salary within the range up to the current maximum salary up to $149,052. The motion was passed by unanimous vote.
Chairman Denton then moved to agenda item P, Adjournment. LuAnn Morgan, seconded by Fred Moses, moved to adjourn the meeting. The motion was passed by unanimous vote. The meeting was adjourned at 5:46 p.m.
Frank Denton, Chairman
Texas Commission of Licensing and Regulation