Commerce & Insurance May 2012 Disciplinary Action Report
REGULATORY BOARDS DISCIPLINARY ACTION REPORT
MAY 2012
Alarm Systems Contractors Board
Respondent: CTS Protective Services, Inc., C-1210 - Rossville, GA
Violation: TCA 62-32-304(j) & (k), 62-32-307(d), 62-32-312(a),(c) & (d)
Rule 0090-01-.05(3) Failure to register alarm employees within thirty (30) days.
Action: $18,300 Civil Penalty
Respondent: Harley, Phillip S. d/b/a Well Connected Audio/Visual
Nashville, TN
Violation: TCA 62-32-303(2) & 62-32-304(a) Unlicensed activity
Action: $ 2,000 Civil Penalty plus $200 Investigatory and Hearing costs
Respondent: Moore, Justin, G., QA-753, Smyrna, TN
Violation: Rule 0090-01-.06(7) & (9)(k) Failure to submit termination notices within thirty (30) days
Action: $100 Civil Penalty
Architectural and Engineering Examiners
Respondent: Harry Lee Davidson, P.E. #8571
Violation: Practiced on an expired license.
Action: $1,500 civil penalty & take and pass the Board’s Law and Rules Exam
Barber Examiners Board
Respondent: Butlers Barber & Hair Salon, Old Hickory, TN
Violation: Expired shop license
Action: $500 Civil Penalty
Respondent: Fade Doc, Antioch, TN
Violation: Expired license
Action: $500 Civil Penalty
Board For Licensing Contractors
Respondent: Anytime Plumbing, Johnson City, TN
Violation: Unlicensed Activity
Action: $500 Civil Penalty
Respondent: CB Roofing Construction Inc., Lenoir City, TN
Violation: Exceeding Limit; Out of Class
Action: $1,000 Civil Penalty
Respondent: Clear Choice Builders, Nashville, TN
Violation: Unlicensed Activity
Action: $500 Civil Penalty
Respondent: East Tennessee Solar, Athens, TN
Violation: Unlicensed Activity
Action: $1,000 Civil Penalty
Respondent: Clifford and Angela Evans, Dayton, TN
Violation: Poor Workmanship
Action: $500 Civil Penalty
Respondent: Walter R. Lane, Knoxville, TN
Violation: Incompetency and Misconduct
Action: $116,030 Civil Penalty w/costs and Revocation
Respondent: Pro Circuit Inc., Kansas City, MO
Violation: Unlicensed Activity
Action: $5,000 Civil Penalty
Respondent: Southeast Painters Inc., Chattanooga, TN
Violation: Unlicensed Activity
Action: $1,000 Civil Penalty
Board of Funeral Directors and Embalmers
Respondent: Beverly Howard Godfrey, Fayetteville, TN
Violation: Practiced as a funeral director on multiple occasions while license had not been renewed by its expiration date
Action: $520 Assessed Hearing Costs and Revocation of License
Respondent: Halls Funeral Home, Inc., Halls, TN
Violation: Failed to provide a General Price List when consumer initially inquired in person about prices of funeral goods and services
Action: $250 Civil Penalty
Respondent: Heritage Funeral Home & Cremation Services, LLC, Columbia, TN
Violation: Engaged in unfair or deceptive acts or practices defined in the Funeral Rule and failed to designate a specific job title of an unlicensed individual on a business card
Action: $2,000 Civil Penalty
Respondent: Howard Funeral Home, Fayetteville, TN
Violation: Operated an establishment on multiple occasions while license was invalid, failed to have available an embalmer license for inspection, failed to disclose the address and telephone number of the crematory that the establishment used, failed to comply with preventive requirements specified in the Funeral Rule, operated the funeral establishment without being managed and supervised by a licensed funeral director responsible for the establishment and failed to have a copy of the crematory license available for inspection which the funeral homes uses
Action: $520 Assessed Hearing Costs and Revocation of License
Respondent: Jones & Son Funeral Home, Oneida, TN
Violation: Failed to retain multiple copies of cremation authorization forms and an aspect of the establishment’s contract did not comply with the Funeral Rule
Action: $500 Civil Penalty
Respondent: Llewellyn Funeral Home, Jellico, TN
Violation: Engaged in unfair and deceptive acts or practices defined in the Funeral Rule
Action: $250 Civil Penalty
Respondent: Martin Wilson Funeral Home, LaFollette, TN
Violation: Engaged in unfair or deceptive acts or practices defined in the Funeral Rule
Action: $1,000 Civil Penalty
Respondent: Smith Funeral & Cremation Service, Inc., Maryville, TN
Violation: Failed to obtain the signature of a funeral director on cremation authorization forms and failed to properly itemize caskets on contracts
Action: $250 Civil Penalty
Respondent: West-Murley Funeral Home, Oneida, TN
Violation: Immoral or unprofessional conduct (placed viscera and soiled clothing at the feet of a deceased inside the casket), failed to retain copies of cremation authorization forms and an aspect of the establishment’s contract did not comply with the Funeral Rule
Action: $1,000 Civil Penalty
Respondent: Whitson Funeral Home, Cookeville, TN
Violation: Failed to have a copy of the latest inspection report from the crematory that the funeral home uses, failed to obtain the signature of a funeral director on cremation authorization forms and failed to maintain the preparation room in a clean and orderly manner
Action: $500 Civil Penalty
Respondent: Wilson County Funeral Home and Memorial Park, Lebanon, TN
Violation: Failed to provide the license of an embalmer for inspection, contract referred to the funeral establishment by a name other than the exact name approved by the Board and multiple aspects of the establishment’s price lists did not comply with the Funeral Rule
Action: $500 Civil Penalty
Burial Services
Respondent: J. Dan Buckner, Charlotte, TN
Violation: Failed to obtain a certificate of cemetery registration, failed to create and maintain an Improvement Care Trust Fund, failed to make monetary deposits into the trust fund and failed to file annual reports with the Commissioner
Action: Bring the cemetery into compliance with registration, reporting and improvement care trust account requirements within ninety (90) days and deposit $7,573.00 into the Improvement Care Trust Fund created for McEwen (Meadowlawn) Cemetery
Respondent: Mountain View Memorial Gardens, Decatur, TN
Violation: Failed to properly trust outer burial containers sold as funeral merchandise, offered and sold preneed funeral contracts without first registering with the Commissioner as a Preneed Seller and individuals as a Preneed Sales Agent, failed to provide a detailed listing of preneed merchandise and service contracts sold but not yet serviced, failed to order monuments and failed to deposit funds into trusts within the required time
Action: $3,000 Civil Penalty
Home Inspector Licensing Program
Respondent: James M. Wall, Rising Fawn, GA
Violation: Failed to continuously maintain insurance.
Action: Revocation of home inspection license and assessed all investigatory and hearing costs
Respondent: Brett Blair, Clarksville, TN
Violation: Failed to adequately report evidence of water penetration in the attic.
Action: $250 civil penalty
Motor Vehicle Commission
Respondent: Winters Auto Center, Knoxville, TN
Violation: Business Hours Not Posted
Action: $250 Civil Penalty
Respondent: Victory Nissan West, Dickson, TN
Violation: Advertising Violation
Action: $1,000 Civil Penalty
Respondent: Madison Imports, Inc., Madison, TN
Violation: Deceptive Acts Regarding Mileage Discrepancy
Action: $500 Civil Penalty
Respondent: Latino Auto Sales, Inc., Nashville, TN
Violation: Unlicensed Salesperson
Action: $500 Civil Penalty
Respondent: Kondo Auto, Cleveland, TN
Violation: Signage
Action: $250 Civil Penalty
Respondent: Tennessee Autoplex, Nashville, TN
Violation: Temporary Tag Violation
Action: $1,000 Civil Penalty
Respondent: Honda of Cleveland, Cleveland, TN
Violation: Temporary Tag Log Violation
Action: $4,000 Civil Penalty
Respondent: Auto Credit Lawrence County, LLC, Lawrenceburg, TN
Violation: Unlicensed Salesperson
Action: $500 Civil Penalty
Respondent: Gary Mathews Chrysler Dodge Jeep, Nashville, TN
Violation: Deceptive Acts
Action: $5,000 Civil Penalty
Respondent: Downtown Nashville Nissan, Nashville, TN
Violation: Multiple Advertising Violations
Action: $2,000 Civil Penalty
Private Protective Security Services
Respondent: Settles, Richard D., UG-400721, Memphis, TN
Violation: TCA 62-35-130(e) Failure to request a hearing within thirty (30) days of the conviction.
Action: Revocation
Real Estate Appraisers
Respondent: Thomas Matt Davis, Mount Juliet, TN
Violation: Numerous violations of USPAP in the appraisal of a residential property.
Action: $1,500.00 civil penalty and a fifteen (15) hour USPAP course and a four (4) hour course on Supervising Trainees
Respondent: Jeffery Ezell, White House, TN
Violation: Numerous violations of USPAP in the appraisal of a residential property.
Action: $500.00 civil penalty and a thirty (30) hour Sales Comparison and Income Approach course and a fifteen (15) hour USPAP course
Respondent: John A. Hicks, Knoxville, TN
Violation: Inadequate summary in the neighborhood description, in support of adjustments applied in the sales comparison approach, and in support of the site value in the cost approach.
Action: A fifteen (15) hour Residential Report Writing course
Respondent: John Pinkston, Cordova, TN
Violation: Several violations of the reporting standards of USPAP in a residential appraisal report.
Action: A fifteen (15) hour Site Value and Cost Approach course
Real Estate Commission:
Respondent: Jeffrey “Jeff” D. Petitt, Cottontown, TN
Violation: Conduct which constitutes improper, fraudulent or dishonest
dealing and making a substantial and willful misrepresentation
Action: Surrendered license
Respondent: Anita C. Deal, Nashville, TN
Violation: Failure to timely complete required education
Action: $400 Civil Penalty
Respondent: Deborah “Debbie” J. Mays, Parsons, TN
Violation: Failure to timely complete required education
Action: $450 Civil Penalty
Respondent: Troy Cornell Richardson, Sevierville, TN
Violation: Failure to timely complete administrative measures
Action: $250 Civil Penalty
The Department of Commerce and Insurance works to protect consumers while ensuring fair competition for industries and professionals who do business in Tennessee. www.tn.gov/commerce/, @TNCommerceInsur (Twitter), http://on.fb.me/uFQwUZ (Facebook), http://bit.ly/ry1GyX (YouTube)