Department of Commerce and Insurance's December 2012 Disciplinary Action Report
Tuesday, January 15, 2013 | 06:06am
NASHVILLE, TN – Please see the attached December 2012 disciplinary actions report for Commerce and Insurance. The disciplinary actions report is issued each month by Commerce and Insurance's Division of Regulatory Boards. Each board and commission is empowered by statute to take disciplinary action, including the revocation of licenses and assignment of civil penalties, against license holders found to have violated laws governing their professions.
The reports (archived at http://1.usa.gov/zofWtO) and Commerce and Insurance’s regulatory board licensing database, verify.tn.gov, can be useful tools for Tennesseans looking to do business with licensed professionals.
Alarm Systems Contractors Board
Respondent: Nichols Fire & Security, LLC, C-1304, Memphis, TN
Violation: TCA 62-32-307(d), TCA 62-32-312(a), (c) & (d)
TCA 62-32-319(d) & Admin. Rule 0090-01-.05
Failure to register alarm employee within thirty (30) days
Action: $650 Civil Penalty
Respondent: Michael M. Fleenor, QA-140, Knoxville, TN
Violation: Admin. Rule 0090-01-.06(7) & (9) (k) Failure to submit alarm
employee termination notice within thirty (30) days
Action: $100 Civil Penalty
Respondent: Tyson E. Johns, QA-1367, Plano, Texas
Violation: Admin. Rule 0090-01-.06(7) & (9) (k) Failure to submit alarm employee termination notice within thirty (30) days
Action: $250 Civil Penalty
Respondent: Farrell E. Lee, QA-405, Germantown, TN
Violation: Admin. Rule 0090-01-.06(7) & (9) (k) Failure to submit alarm employee termination notice within thirty (30) days
Action: $200 Civil Penalty
Board of Accountancy
Respondent: Macon J. Dew, Gallatin, TN
Violation: Conviction of a Felony, Fiscal Dishonesty, Discreditable Acts
Action: Revocation
Board For Licensing Contractors
Respondent: Kevin Wagner DBA A Few Men & Tools, Nashville, TN
Violation: Unlicensed Activity
Action: $1,000 Civil Penalty
Respondent: Arctic Air Conditioning LLC, Lawrenceburg, TN
Violation: Exceeding Limit
Action: $500 Civil Penalty
Respondent: Chim Chimney, Hermitage, TN
Violation: Unlicensed Activity
Action: $250 Civil Penalty
Respondent: Bill Garrett, Bolivar, TN
Violation: Unlicensed Activity
Action: $250 Civil Penalty
Board of Funeral Directors and Embalmers
Respondent: Kevin Michael Garrett, Lewisburg, TN
Violation: Not in compliance with an order of child support
Action: Suspension of Student Registration
Respondent: Carl R. Points, Columbia, TN
Violation: Unprofessional or immoral conduct (received a cash payment from a customer to pay for funeral expenses, failed to remit the proceeds to his employer, and led his employer to believe that the family had not made payment for the funeral expenses); unprofessional conduct (received cash payments for preneed funeral contracts and a monument; failed to remit the enrollment forms and cash to the insurance company; used the cash for the personal benefit of him and his wife, and later after inquiry submitted a cashier’s check and enrollment forms to his former employer)
Action: $3,000 Civil Penalty, $2,942 in Hearing Costs, and Suspension of Funeral Director License for one (1) year
Respondent: Heather Renea Sharpe, Nashville, TN
Violation: Not in compliance with an order regarding repayment of a student loan
Action: Suspension of Funeral Director and Embalmer Licenses
Respondent: Snow Funeral Home, Memphis, TN
Violation: Preparation room floor was in need of repair or replacement, failed to maintain a copy of the current license and latest regularly scheduled inspection results of the crematory that the funeral homes uses and failed to comply with multiple aspects of the Funeral Rule
Action: $500 Civil Penalty
Burial Services
Respondent: Bordwine Funeral Home, Inc., Etowah, TN
Violation: Provided discounts on preneed funeral contracts
Action: $250 Civil Penalty
Respondent: First Tennessee Bank, Knoxville, TN
Violation: Failed to timely file required annual reports and incorrectly completed a report
Action: $250 Civil Penalty
Respondent: Galilee Memorial Gardens, Memphis, TN, and JM&M Services, Inc., Memphis, TN, and JeMar S. Lambert, Marje E. Lambert and Mary H. Lambert
Violation: Failed to satisfy the minimum requirements for issuance of a cemetery certificate of registration
Action: Denial of cemetery registration application
Respondent: Harpeth Hills Memory Gardens, Funeral Home & Cremation Center, Nashville, TN
Violation: Provided discount on preneed funeral contract
Action: $250 Civil Penalty
Respondent: Hermitage Funeral Home, Hermitage, TN
Violation: Employee offered or sold preneed funeral contracts without first registering as a preneed sales agent
Action: $1,000 Civil Penalty
Respondent: James A. Huffman, Memphis, TN
Violation: Not in compliance with an order of child support
Action: Suspension of Preneed Sales Agent Registration
Respondent: Love-Cantrell Funeral Home, Inc., Smithville, TN
Violation: Used trust funds to purchase insurance products without obtaining prior approval from the Commissioner and failed to properly appoint a trustee for preened funeral accounts that meets the statutory requirements
Action: $250 Civil Penalty
Respondent: Carl G. Peters, Crossville, TN
Violation: Not in compliance with an order of child support
Action: Suspension of Preneed Sales Agent Registration
Respondent: Snyder’s Memorial Gardens, Inc., Gray, TN
Violation: Failed to refund excess funds to the purchaser, the purchaser’s estate or otherwise named beneficiary and failed to timely submit insurance applications to the insurance company
Action: $1,250 Civil Penalty
Respondent: Weaver Funeral Home, Knoxville, TN
Violation: Provided discounts on preneed funeral contracts
Action: $250 Civil Penalty
Collection Services Board
Respondent: CMRE Financial Services, Inc.
Violation: Fair Debt Collection Practices Act and Unlicensed Activity
Action: $2,000 Civil Penalty
Cosmetology Board
Respondent: A-Nails, Cordova, TN
Violation: Unlicensed individuals, no id tags
Action: $1,000 Civil Penalty
Respondent: Moriah’s Crescent Center Salon, Morristown, TN
Violation: Expired shop license
Action: $250 Civil Penalty
Respondent: 1-N-A Million Hair Salon, Memphis, TN
Violation: License not posted at work stations
Action: $500 Civil Penalty
Respondent: Pro Nail, Memphis, TN
Violation: Unlicensed individual, no id tags, sterilization and sanitation of the shop
Action: $500 Civil Penalty
Respondent: Roosters Men’s Grooming Center, Brentwood, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Salon Allure, Johnson City, TN
Violation: Unlicensed individual
Action: $250 Civil Penalty
Respondent: Vatterott College, Memphis, TN
Violation: Sanitation violation, Admin. Rule 0440-2.13(6)(a)
Action: $250 Civil Penalty
Home Inspector Licensing Program
Respondent: Michael L. Digennaro, Riceville, TN
Violation: Respondent failed to state in a home inspection report whether a crack in basement wall required repair or subsequent observation, or warrants further investigation by a specialist
Action: $500 Civil Penalty
Motor Vehicle Commission
Respondent: KM Auto Sales
Violation: Temporary Tag Log Violation
Action: $500 Civil Penalty
Respondent: Oak Ridge Nissan, Oak Ridge, TN
Violation: Advertising Violations
Action: $60,000 Civil Penalty
Respondent: Metro Truck Sales, Goodlettsville, TN
Violation: Temporary Tag Log Violation
Action: $3,000 Civil Penalty
Respondent: Reliable Imports, Johnson City, TN
Violation: Failure to Maintain Records
Action: $1,000 Civil Penalty
Respondent: Reliable Imports, Johnson City, TN
Violation: Deceptive Act
Action: $500 Civil Penalty
Respondent: ACTS Fleet Maintenance Svc., Knoxville, TN
Violation: Temporary Tag Log and Temporary Tags
Action: $3,500 Civil Penalty
Private Investigation and Polygraph Commission
Respondent: Bryce, A. Tribe, PI-5235, Nashville, TN
Violation: TCA 62-26-213(3) Failure to notify of arrest within thirty (30) days
Action: $2,500 Civil Penalty
Private Protective Security Services
Respondent: Callee’s Too Sports Bar & Grill, Clarksville, TN
Violation: TCA 62-35-123(a) Unlicensed activity
Action: $1,000 Civil Penalty
Respondent: J-Hall Security, CSC-12205, Chattanooga, TN
Violation: TCA 62-35-134(a) Unlawful employments
Action: $5,000 Civil Penalty
Respondent: Memphis Security of Tennessee dba MSOFT, CSC- 12107, Memphis, TN
Violation: TCA 62-35-114 & Admin. Rule 0780-5-2-.06 Failure to maintain insurance coverage
Action: $3,000 Civil Penalty
Respondent: David Johnson, AG-607092, Nashville, TN
Violation: TCA 62-35-130(a) (1) & (10) Violated disciplinary order of the Commissioner
Action: Revocation
Respondent: Larry Walton, AG-326692, Nashville, TN
Violation: TCA 62-35-130(a) (1) & (10) Violated disciplinary order of the Commissioner
Action: $3,000 Civil Penalty
Real Estate Appraiser Commission
Respondent: Thomas Baine, Jr., Memphis, TN
Violation: In an appraisal report, the Respondent misreported the subject’s gross living area, the sale price of a comparable, and amenities of an additional sale. The Respondent also failed to summarize the support for the site value and for excluding the cost approach in a recently constructed house, failed to summarize the reconciliation of the value indications in the appraisal report and failed to retain a copy of the original appraisal report.
Action: $500 Civil Penalty attendance at a fifteen (15) hour Site Valuation and Cost Approach course and a fifteen (15) hour Market Analysis and Highest and Best Use course
Real Estate Commission:
Respondent: Susan A. Brown, Brentwood, TN
Violation: Misleading and untruthful advertising
Action: $250 Civil Penalty and required to attend a TREC meeting within 180 days of execution of the order
Respondent: Eric P. Fuhrman, Memphis, TN
Violation: Accepting a commission or any valuable consideration from
a person other than the broker with whom the licensee was
affiliated
Action: $1,000 Civil Penalty and required to attend a TREC meeting within 180 days of execution of the order
Respondent: Barry Gordon, Nolensville, TN
Violation: Unlicensed activity
Action: Ordered to Cease and Desist and $500 Civil Penalty
Respondent: Kathy Helton, Nolensville, TN
Violation: Unlicensed activity
Action: Ordered to Cease and Desist and $500 Civil Penalty
Respondent: Frank L. Marsh, Johnson City, TN
Violation: Failure to supervise activities of affiliates (advertising)
Action: $250 Civil Penalty
Respondent: Terence McNutt, Memphis, TN
Violation: Unlicensed activity
Action: Ordered to Cease and Desist and $500 Civil Penalty
Respondent: Eugene S. Thomas, III, Murfreesboro, TN
Violation: Failure to respond to three complaints and failure to timely complete administrative measures
Action: License suspended until expiration (10-19-13), $3,000 Civil Penalty and Costs of $1,130
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)