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Commerce and Insurance June Disciplinary Action Report

Thursday, July 12, 2012 | 06:22am

REGULATORY BOARDS DISCIPLINARY ACTION REPORT - JUNE

Alarm Systems Contractors Board

Respondent:
CFI Electrical, Inc., Medina, OH
Violation:
TCA 62-32-303(2) & 62-32-304(a) & (j) Unlicensed activity
Action:
$2,000 Civil Penalty and $1,880 in Costs 
Respondent:
Mid-South Security Group, LLC, C-812, Cordova, TN
Violation:
TCA 62-32-312(a),(c), & (d) and Rule 0090-1-.05 Failure to register alarm employee within thirty(30) days
Action:
$1,500 Civil Penalty
Respondent:
North Main Audio Customs, Inc., Greenville, TN
Violation:
TCA 62-32-303(2), 62-32-304(a), (j) & (k) and Rules 0090-.04 & 0090-1-.07 Unlicensed activity
Action:
$500 Civil Penalty
Respondent:
James A. Blevins, QA-1171, Rossville, GA
Violation:
Rules 0090-01-.06(7) & (9)(k) Failure to submit termination notices within thirty (30) days
Action:
$50 Civil Penalty
Respondent:
Jason E. Cobb, QA-1218, Greer, SC
Violation:
Rules 0090-01-.06(7) & (9)(k) Failure to submit termination notices within thirty (30) days
Action:
$150 Civil Penalty
Respondent:
Cedric E. Divine,QA-407, Memphis, TN
Violation:
Rules 0090-01-.06(7) & (9)(k) Failure to submit termination notices within thirty (30) days
Action:
$50 Civil Penalty

Architectural and Engineering Examiners

Respondent:
Robert A. Walz, P.E. #19999 Shelby Township, MI
Violation:
Disciplined by other states
Action:
Revocation, $1,000 Civil Penalty and $440 in Costs 
Respondent:
Jeffrey Blackledge, RA #23153, Germantown, TN
Violation:
Failed to pay the privilege tax for two years or more
Action:
$250 Civil Penalty and $200 in Costs 
Respondent:
Terrence Henry Charles, RA #103929, Atlanta, GA
Violation:
Failed to pay the privilege tax for two years or more
Action:
$250 Civil Penalty and $200 in Costs 
Respondent:
David W. Deloach, P.E. #110640, Charleston, SC
Violation:
Failed to pay the privilege tax for two years or more
Action:
$250 Civil Penalty and $200 in Costs 
Respondent:
Jorge Londono, P.E. #22065, San Antonio, TX
Violation:
Failed to pay the privilege tax for two years or more
Action:
$250 Civil Penalty and $200 in Costs

Auctioneer Commission

Respondent:
Jewell D. Frame #6521, Manchester, TN
Violation:
Advertising violation of Rule 0160-01-.12(7) & 0160-01-.20(1)
Action:
$250 Civil Penalty

Barber Examiners Board

Respondent:
Fantastic Sam’s, Dickson, TN
Violation:
Expired shop license
Action:
$500 Civil Penalty
Respondent:
GG Salon, Nashville, TN
Violation:
Unlicensed individuals
Action:
$500 Civil Penalty
Respondent:
Memphis Academy of Barbering, Memphis, TN
Violation:
Consumer complaint
Action:
$3,000 Civil Penalty

Board of Accountancy

Respondent:
David W. Cannon, Olive Branch, MS
Violation:
Unlicensed Practice
Action:
$1,890 Civil Penalty
Respondent:
David B. Brand, Sacramento, CA
Violation:
Unlicensed Practice
Action:
$2,700 Civil Penalty
Respondent:
William L. King, Birmingham, AL
Violation:
Felony Conviction
Action:
Revocation
Respondent:
Paul Adams, Jr., Kingsport, TN
Violation:
Unlicensed Practice
Action:
$1,000 Civil Penalty
Respondent:
Brian K. Sellers, Gallion, AL
Violation:
Revocation of Alabama License; Expired Tennessee License
Action:
Revocation
Respondent:
Ted Lane Rutledge, Orlando, FL
Violation:
Failure to pay the professional privilege tax
Action:
$795 in Costs and Suspension of license

Board of Funeral Directors and Embalmers

Respondent:
Clark Funeral Chapel and Cremation Services, Inc., Kingsport, TN
Violation:
Failed to make available for inspection the current licenses of funeral directors and an embalmer, failed to make available for inspection a copy of the most current license of the crematory which the funeral home uses and failed to comply with multiple aspects of the Funeral Rule
Action:
$500 Civil Penalty
Respondent:
Dilday-Carter Funeral Home, Inc., Huntingdon, TN
Violation:
Unprofessional conduct (collected burial association assessments and refused to pay the policy benefit because the association member’s family used the services of another funeral home)
Action:
$250 Civil Penalty
Respondent:
Family Funeral Care, Memphis, TN
Violation:
Misleading advertising (failed to include an itemized listing of each and every item, procedure or service and the price of each item)
Action:
$750 Civil Penalty
Respondent:
Gardens of Memory Funeral Home-Cremation Services, McMinnville, TN
Violation:
Unprofessional Conduct (rude and unprofessional conduct of an employee) and unreasonably refusing to promptly surrender the custody of a dead human body upon the express order of the person lawfully entitled to the custody of the dead human body
Action:
$500 Civil Penalty
Respondent:
Michael Shane Hessey, Elkton, KY
Violation:
Unprofessional conduct (manager of an establishment that filed a certificate of death which contained the forgery of the Medical Examiner’s signature)
Action:
$500 Civil Penalty
Respondent:
Shannon Lee Hill, Pelham, TN
Violation:
Filed reports of apprenticeship training beyond the allotted time
Action:
Shall not receive credit for the time period(s) affected and shall serve the remaining amount of time necessary to complete training as required by law 
Respondent:
Johnson-Coleman Funeral Home, Inc., Gallatin, TN
Violation:
Printed business cards for unlicensed individuals that either gave or tended to give the impression that the person was licensed to practice as a funeral director or an embalmer, failed to maintain a copy of the most current inspection report of the crematory which the funeral home uses and failed to comply with multiple aspects of the Funeral Rule
Action:
$750 Civil Penalty
Respondent:
Maley-Yarbrough Funeral Home, Inc., Covington, TN
Violation:
Unprofessional conduct (although contacted by the father of the decedent, made no attempt to properly ascertain the next of kin of the decedent and never allowed the father, the next of kin of equal standing, to participate in the funeral arrangements)
Action:
$1,000 Civil Penalty
Respondent:
Memorial Funeral Chapel, Elizabethton, TN
Violation:
Unprofessional conduct (inappropriately delivered the cremated remains of an individual to the wrong family)
Action:
$1,000 Civil Penalty
Respondent:
Nelson & Sons Memorial Chapel, LLC, Shelbyville, TN
Violation:
Website contained photographs and listings of unlicensed individuals that either gave or tended to give the impression that these individuals were licensed funeral directors or embalmers, failed to maintain a copy of the most current inspection report of the crematory which the funeral homes uses and failed to comply with multiple aspects of the Funeral Rule
Action:
$500 Civil Penalty
Respondent:
Williamson Memorial Funeral Home, LLC, Franklin, TN
Violation:
An employee solicited a dead human body when death was imminent (licensed funeral director handed out funeral home business cards to a family in the intensive care unit of a hospital and made multiple calls to the next of kin soliciting the family’s business after the individual’s death)
Action:
$500 Civil Penalty

Burial Services

Respondent:
Beautiful Greenwood Cemetery, LLC, Chattanooga, TN
Violation:
Failed on numerous occasions to make deposits into the trust funds within the time allotted by law
Action:
$2,000 Civil Penalty
Respondent:
Steven Ronald Brown, Cookeville, TN
Violation:
Placed brochures in a public place offering preneed funeral contracts without being registered as a preneed sales agent
Action:
$500 Civil Penalty
Respondent:
Coffey Funeral Home, Tazewell, TN
Violation:
Provided discounts on preneed funeral accounts
Action:
$500 Civil Penalty
Respondent:
Crestview Funeral Home, Memory Gardens & Cremation, Gallatin, TN
Violation:
Failed to install a monument and failed on numerous occasions to make deposits into the trust funds within the time allotted by law
Action:
$2,000 Civil Penalty
Respondent:
Dennis Allen Ducharme, Lexington, KY
Violation:
Sold preneed funeral contracts without being registered as a preneed sales agent
Action:
$300 Civil Penalty
Respondent:
Henry Smith Funeral Home, Clarksville, TN
Violation:
Used a preneed funeral contract that had neither been submitted to nor approved by the Commissioner, sold a preneed funeral contract without being registered as a preneed seller, an employee sold preneed funeral contracts without being registered as a preneed sales agent, failed to deposit preneed funds into trust and failed to maintain sufficient records regarding preneed funeral consumer protection fees owed to the Department
Action:
$2,000 Civil Penalty
Respondent:
Johnson’s House of Atena, Nashville, TN
Violation:
Failed to refund excess funds in the preneed funeral trust or prearrangement insurance policy to the purchaser, the purchaser’s estate or otherwise named beneficiary and failed to file annual reports on numerous occasions
Action:
$500 Civil Penalty
Respondent:
Memphis Memory Gardens, Memphis, TN
Violation:
Denied the use of outer burial containers that met the rules and regulations of the cemetery which were purchased from an outside source by a lot owner, or the owner’s representative, agent or heirs or assigns
Action:
$1,000 Civil Penalty
Respondent:
Morgan Memorial Gardens, Inc., Wartburg, TN
Violation:
Failed to retain sales contract, failed carry fidelity bond coverage for officers and employees who handle money and securities, failed to make deposits into the trust fund within the time allotted by law and failed to retain an active corporate status with the Secretary of State
Action:
$750 Civil Penalty
Respondent:
R. S. Lewis & Sons Funeral Home, Memphis, TN
Violation:
Employees sold preneed funeral contracts without being registered as preneed sales agents, failed on numerous occasions to submit prearranged insurance applications within the time allotted by law and failed to file annual reports
Action:
$2,000 Civil Penalty
Respondent:
Smoky Mountain Memory Gardens, LLC, Pigeon Forge, TN
Violation:
Failed to deposit funds into trust within the time allotted by law and failed to correctly complete annual report
Action:
$500 Civil Penalty
Respondent:
Stubblefield Funeral Home, Morristown, TN
Violation:
Provided discounts on preneed funeral accounts
Action:
$1,600 Civil Penalty
Respondent:
Western Cemetery, Inc., Coalfield, TN
Violation:
Failed to carry fidelity bond coverage for officers and employees who handle money and securities, omitted specific language required in all contracts for interment sites and failed to deposit funds into trust within the days allotted by law
Action:
$450 Civil Penalty
Respondent:
Woodhaven Funeral Home & Memorial Gardens, Powell, TN
Violation:
Sold an interment site or interment right that the cemetery or cemetery operator knew or should have known had been purchased previously by another consumer
Action:
$500 Civil Penalty
Respondent:
Woodlawn-Roesch-Patton Funeral Home, Nashville, TN
Violation:
Provided discounts on preneed funeral contracts
Action:
$1,400 Civil Penalty

Board for Licensing Contractors

Respondent:
Appleby’s Painting, Lebanon TN
Violation:
Unlicensed Activity
Action:
$5,000 Civil Penalty
Respondent:
Curd Construction, Gallatin, TN
Violation:
Misconduct
Action:
$2,000 Civil Penalty
Respondent:
Joey Dorris, Springfield, TN
Violation:
Unlicensed Activity
Action:
$500 Civil Penalty
Respondent:
Southland Roofing LLC, Memphis, TN
Violation:
Unlicensed Activity
Action:
$2,000 Civil Penalty

Cosmetology Board

Respondent:
Beautiful Nails, Memphis, TN
Violation:
Sanitation, sterilization, expired shop license, unlicensed individuals
Action:
$1,000 Civil Penalty
Respondent:
Beautiful Nails, Memphis, TN
Violation:
Sanitation and unlicensed individual, expired license
Action:
$500 Civil Penalty
Respondent:
Beautiful Nails, Memphis, TN
Violation:
Sanitation of the shop
Action:
$250 Civil Penalty
Respondent:
Beauty Xpress, Chattanooga, TN
Violation:
Pedi spa chair exceptionally dirty
Action:
$1,000 Civil Penalty
Respondent:
Cali Nails, Tullahoma, TN
Violation:
Id tags, unlicensed person, sterilization and sanitation of the shop
Action:
$500 Civil Penalty
Respondent:
Coumba’s African Hair Braiding, Nashville, TN
Violation:
Unlicensed individuals
Action:
$500 Civil Penalty
Respondent:
D & D Nail Spa, Smyrna, TN
Violation:
Waxing in a manicurist shop, and sterilization
Action:
$1,000 Civil Penalty
Respondent:
Da-Vi Nails, Hendersonville, TN
Violation:
Unlicensed individual
Action:
$500 Civil Penalty
Respondent:
Elysian Nails Spa, Smyrna, TN
Violation:
Unlicensed individual, id tags, washer and dryer
Action:
$500 Civil Penalty
Respondent:
Geneses Hair Design, Hendersonville, TN
Violation:
Sanitation and sterilization
Action:
$500 Civil Penalty
Respondent:
Gio’s Salon, Antioch, TN
Violation:
Sanitation and sterilization
Action:
$500 Civil Penalty
Respondent:
Hair Pavillion, Nashville, TN
Violation:
Expired license, license not posted
Action:
$1,000 Civil Penalty
Respondent:
Hollywood Nails, Cleveland, TN
Violation:
Unlicensed individuals, MMA present in shop
Action:
$500 Civil Penalty
Respondent:
L & B Nails, Dickson, TN
Violation:
Unlicensed individual
Action:
$500 Civil Penalty
Respondent:
Michelle’s Salon, Memphis, TN
Violation:
Unlicensed shop
Action:
$500 Civil Penalty
Respondent:
Nail Bar on the Island, Memphis, TN
Violation:
Unlicensed individual
Action:
$500 Civil Penalty
Respondent:
Nail Arts, Smyrna, TN
Violation:
Id tags, sanitation and sterilization
Action:
$1,000 Civil Penalty
Respondent:
Nail Express, Nashville, TN
Violation:
Expired shop license
Action:
$1,500 Civil Penalty
Respondent:
Nail Time, Clarksville, TN
Violation:
Unlicensed individual, sanitation and sterilization
Action:
$1,000 Civil Penalty
Respondent:
Nails & Wax, Maryville, TN
Violation:
Unlicensed individual
Action:
$500 Civil Penalty
Respondent:
Nails 88, Clarksville, TN
Violation:
Unlicensed individual
Action:
$1,000 Civil Penalty
Respondent:
Natural Nails & Spa, Lafollette, TN
Violation:
Waxing in shop, expired cosmetologist license
Action:
$500 Civil Penalty
Respondent:
Sue’s Cuts Unlimited, Crossville, TN
Violation:
Expired shop license
Action:
$1,000 Civil Penalty
Respondent:
The Ultimate Image Salon & Tanning, Joelton, TN
Violation:
Did not submit change of location application to board
Action:
$500 Civil Penalty
Respondent:
Venetian Nail Spa, Hendersonville, TN
Violation:
License not posted, id tags, sanitation and sterilization
Action:
$5,000 Civil Penalty

Motor Vehicle Commission

Respondent:
Rusty Wallace Cadillac-GMC-Kia, Morristown, TN
Violation:
Advertising Violation
Action:
$1,000 Civil Penalty

Private Investigation and Polygraph Commission

Respondent:
Jeffrey Thomas Morrill, PI-955, Cartersville, GA
Violation:
TCA 62-26-204(a) Unlicensed
Action:
$1,000 Civil Penalty

Private Protective Security Services

Respondent:
Melvin L. Hull, AG-321887, Memphis, TN
Violation:
TCA 62-35-104, 62-35-115(a), 62-35-130(a) & Rule 0780-5-.08(2) Unlicensed activity
Action:
$1,000 Civil Penalty
Respondent:
Delissa J. Jordan, AG-602137, Memphis, TN
Violation:
TCA 62-35-117(5) & (7) & 62-35-130(1) & (6) Failure to notify of arrest within thirty (30) days and engaged in unprofessional conduct
Action:
Suspension 
Respondent:
Tullis A. Martin, UG-414199, Chattanooga, TN
Violation:
TCA 62-35-117(5) & (7), 62-35-120(b) & 62-35-130(1) & (6) Failureto notify of arrest within thirty (30) days and engaged in unprofessional conduct
Action:
Suspension

Real Estate Appraisers

Respondent:
Jim Pemberton, Knoxville, TN
Violation:
Neighborhood, condition of improvements and adjustments in the sales comparison approach not adequately summarized in the appraisal report
Action:
A fifteen (15) hour Residential Report Writing course

Real Estate Commission

Respondent:
Ronald Rozell Davis, Memphis, TN
Violation:
Violation of TCA 62-13-312(b)(1), (14) and (20), TCA 62-13-303(a)(1) and Rule 1260-02-.32(1)
Action:
$3,000 Civil Penalty and $2,190 in Costs and complete all outstanding education requirements for license renewal, obtain current errors and omissions policy, re-affiliate with a principal broker, complete four (4) additional hours of education in ethics -- all to be paid and completed by June 18, 2012 or Respondent’s license shall be immediately permanently revoked and Respondent will be required to pay civil penalty and court costs after such revocation
Respondent:
Greenline Real Estate Co., Nashville, TN
Violation:
Escrow account violation
Action:
$250 Civil Penalty
Respondent:
Steven D. McBay, Harriman, TN
Violation:
Failure to supervise activities of affiliate broker
Action:
$500 Civil Penalty
Respondent:
Connie McCormick, Cookeville, TN
Violation:
Failure to timely complete required education
Action:
$600 Civil Penalty
Respondent:
Donald R. Pass, Harriman, TN
Violation:
Making any substantial and willful misrepresentation; failure to timely account for or to remit moneys belonging to others; and failure to be loyal to the interests of the client
Action:
$1,500 Civil Penalty
Respondent:
John Tracy Pirtle, Brentwood, TN
Violation:
Failure to timely complete administrative measures
Action:
$250 Civil Penalty
Respondent:
Tammy C. Simmons, Murfreesboro, TN
Violation:
Failure to timely complete administrative measures
Action:

$250 Civil Penalty
Respondent:
Jeremy Chad Smotherman, Christiana, TN
Violation:
Failure to timely notify commission of criminal conviction
Action:
Revocation
Respondent:
Stonegate Realty, Spring Hill, TN
Violation:
Escrow account violation
Action:
250 Civil Penalty
Respondent:
Twin Team Properties, LLC, Mt. Juliet, TN
Violation:
Escrow account violation
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)

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