Commerce & Insurance issues Feb. 2013 Regulatory Boards Disciplinary Actions Report
NASHVILLE, TN – Please see the attached February 2013 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, http://verify.tn.gov, can be useful tools for Tennesseans looking to do business with licensed professionals.
Alarm Systems Contractors Board
Respondent: Security Monitoring Services, Inc., C-1420, Cypress, CA
Violation: TCA 62-32-312(c) & (d)
TCA 62-32-319(d) & Admin. Rule 0090-01-.05(5)
Failure to register alarm employee within thirty (30) days
Action: $1,800 Civil Penalty plus $ 200 investigatory and hearing costs
Auctioneer Commission
Respondent: David Lloyd Cook, Jamestown, TN
Violation: Operating an unlicensed auction gallery
Action: $500 Civil Penalty
Barber Examiners Board
Respondent: Barber’s Bistrol, Memphis TN
Violation: Fraudulent master barber license posted at work station, and no shop license
Action: $500 Civil Penalty
Respondent: Gee’s Barber, Beauty & Tats, Memphis, TN
Violation: Unlicensed master barbers
Action: $500 Civil Penalty
Respondent: Infinii Salone, Memphis, TN
Violation: Unlicensed shop
Action: $500 Civil Penalty
Respondent: J.B.’s Barber Shop, Nashville, TN
Violation: Expired master barber license
Action: $500 Civil Penalty
Respondent: Last Minute Cuts School of Barbering, Memphis, TN
Violation: Refused to provide student with an hourly accumulation statement
Action: $500 Civil Penalty
Respondent: Trimmers Barber Shop & Style Inc., Memphis, TN
Violation: Expired master barber license, sanitation of the shop
Action: $500 Civil Penalty
Board of Accountancy
Respondent: Clyde T. Bates, Brentwood, TN
Violation: Failure to exercise due professional care
Action: $12,000 Civil Penalty
Board of Examiners for Land Surveyors
Respondent: David H. Parsons, Westpoint, TN
Violation: The Respondent failed to report information on potential unlicensed practice to the Board
Action: $1,000 civil penalty
Respondent: Devon R. Acheson, Linden, TN
Violation: Failure to comply with requirements of Board consent order entered in 2010
Action: Respondent’s land surveyor registration suspended for 6 months and indefinitely until he pays $850 in unpaid civil penalties owed pursuant to the September 2010 consent order and delivers to the Administrative Director evidence that he has completed the corrective education required by said order, and until he pays $477 in investigatory and hearing costs
Respondent: John S. Barnhill, Orlando, FL
Violation: Respondent assisted an unlicensed individual in the practice of land surveying by providing his stamp for drawings he did not prepare and over which he did not exercise responsible charge
Action: Surrender of license as professional land surveyor as if revoked
Board of Funeral Directors and Embalmers
Respondent: Quincy Steven Barlow, Covington, TN
Violation: Practiced as a funeral director while license was expired
Action: $1,000 Civil Penalty and $200 in Hearing Costs
Respondent: Memorial Crematory, LLC, Burns, TN
Violation: Utilized a single processing station to pulverize both human and animal remains
Action: Must purchase and install a new processing station within ninety (90) days and thereafter utilize one processing station for the pulverization of human remains only and another other processing station for pulverization of animals only
Respondent: Williams Funeral Home & Crematory, Columbia, TN
Violation: Overcharged customers on multiple occasions by charging for duplicate services and the outside signage referred to the funeral establishment by a name other than the exact name approved by the Board
Action: $750 Civil Penalty
Burial Services
Respondent: Bennett-May-Giles County Funeral Home, Pulaski, TN
Violation: Provided discounts on preneed funeral contracts and provided improper data on an annual establishment preneed funeral funds report
Action: $500 Civil Penalty
Respondent: Highland Cemetery Company, Inc., Chattanooga, TN
Violation: Failed to retain an active status regarding corporate registration with the Secretary of State, failed to file multiple annual reports on improvement care trust fund, failed to obtain fidelity bond coverage and failed to make deposits into the improvement care trust fund
Action: $7,500 Civil Penalty, $200 Hearing Costs, must maintain an active corporate status with the Secretary of State, deposit $4,061 into the cemetery’s improvement care trust fund, obtain fidelity bond coverage, ensure that properly addressed correspondence is accepted and that phone calls are answered or returned properly
Respondent: Sledge Funeral Home, LLC, Fayetteville, TN
Violation: Failed to renew preneed seller registration, failed to appoint a trustee to oversee the remaining trust account, failed to execute a new trust agreement, failed to properly complete multiple annual reports, failed to file an annual report, employee sold preneed funeral contracts without being properly registered, failed to retain payment source documents from an insurance company and failed to refund excess funds to the purchaser’s estate
Action: $250 Civil Penalty
Respondent: Sunset Memorial Gardens, Cleveland, TN
Violation: Failed to maintain the cemetery so as to reflect respect for the memory of the dead in keeping with the reasonable sensibilities of survivors (body fluids were visible on the mausoleum floor, unbearable odors existed inside the mausoleum and dramatic deterioration of the cemetery grounds including inattention and poor management)
Action: Must submit to random quarterly inspections for the next two (2) years and the cemetery shall pay a fee of $250 fee for each inspection
Respondent: Linda Thomas, Hermitage, TN
Violation: Offered preneed funeral contracts for sale while employed as a family service counselor but not properly registered as a preneed sales agent
Action: $500 Civil Penalty
Board For Licensing Contractors
Respondent: Deck & Dock Builders LLC, Rock Island, TN
Violation: Unlicensed Activity
Action: $750 Civil Penalty
Respondent: Fountain Bay Construction Inc., Mooresburg, TN
Violation: Incompetence; negligence; lack of supervision;
Action: $500 Civil Penalty
Respondent: Kraus-Anderson Const. Co., Minneapolis, MN
Violation: Use of an unlicensed subcontractor
Action: $5,000 Civil Penalty
Respondent: Steven Collins d/b/a Steve’s Home Improvement, Knoxville, TN
Violation: Unlicensed activity, project abandonment and receipt of excessive deposit
Action: $3,000 Civil Penalty
Respondent: Billy S. Walls d/b/a B.S. Walls Construction, Antioch, TN
Violation: Breach of contract, failure to complete construction project, failure to comply with building codes, substandard work, and false information on renewal application
Action: $23,000 Civil Penalty
Respondent: Marcus Lenier Gibbs d/b/a Lenier Construction, Memphis, TN
Violation: Unlicensed activity and project abandonment
Action: $4,000 Civil Penalty
Cosmetology Board
Respondent: Artistic Nails, White House, TN
Violation: Unlicensed individuals
Action: $750 Civil Penalty
Respondent: Boutique & Salon Expression, Smyrna, TN
Violation: Unlicensed individuals
Action: $500 Civil Penalty
Respondent: Broadway Bella Salon, Sparta, TN
Violation: Change of location of the shop
Action: $500 Civil Penalty Assessed
Respondent: Christy Nails, Brentwood, TN
Violation: Id tags, sterilization of the shop, wax machine
Action: $750 Civil Penalty
Respondent: Colorworks Salon, Union City, TN
Violation: Expired shop and operator license
Action: $500 Civil Penalty
Respondent: Cool Springs Nails, Brentwood, TN
Violation: Id tags, wax machine in the shop
Action: $500 Civil Penalty
Respondent: William Edge Salon Spa, Spring Hill, TN
Violation: Id tags, sterilization of the shop
Action: $500 Civil Penalty
Respondent: Estrella’s Beauty Shop, Nashville, TN
Violation: No manager, dog in the shop
Action: $500 Civil Penalty
Respondent: Eye Catchers Salon, Nashville, TN
Violation: Unlicensed shop
Action: $250 Civil Penalty
Respondent: Franklin Nails, Franklin, TN
Violation: Unlicensed individuals, id tags, improperly stored drill bits, aesthetics tools and tube of wax in the shop
Action: $1,250 Civil Penalty
Respondent: Girl Friends/Beauty Parlor, Shelbyville, TN
Violation: Display of license, expired cosmetologist license
Action: $500 Civil Penalty
Respondent: Great Clips-Lions Head, Nashville, TN
Violation: Expired shop license
Action: $250 Civil Penalty
Respondent: Hair on the Avenue, Columbia, TN
Violation: Expired shop license
Action: $250 Civil Penalty
Respondent: Hollywood Nails, Cleveland, TN
Violation: Methyl Methacrylate (MMA) violation
Action: $500 Civil Penalty
Respondent: International Hair Studio, Nashville, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Murray’s Beauty & Barber Shop, Memphis, TN
Violation: Expired license and inspection sheet not posted
Action: $500 Civil Penalty
Respondent: Nail Art & Spa, Knoxville, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Nails & Tan, Lewisburg, TN
Violation: Id tags, no license posted, hot wax machine
Action: $1,000 Civil Penalty
Respondent: Natural Nails & Spa, Knoxville, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Sahara Nail Spa, Franklin, TN
Violation: Id tags, no license posted, hot wax machine
Action: $750 Civil Penalty
Respondent: Sapa Nail Spa, Franklin, TN
Violation: Individual wearing the wrong id tag, sanitation and sterilization of the shop
Action: $750 Civil Penalty
Respondent: Smart Styles, Cordova, TN
Violation: Sterilization and sanitation of the shop
Action: $250 Civil Penalty
Respondent: Starlene’s Hair Fashion, Nashville, TN
Violation: Change of location of the shop
Action: $500 Civil Penalty
Respondent: Straight Perm Studio, Brentwood, TN
Violation: Unlicensed individual
Action: $1,000 Civil Penalty
Respondent: Top Line Nails, Memphis, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Wigs & Beauty, Memphis, TN
Violation: Unlicensed shop
Action: $500 Civil Penalty
Motor Vehicle Commission
Respondent: Los Amigos Auto Sales & Repair, Nashville, TN
Violation: Temporary Tag Log Violation
Action: $500 Civil Penalty
Respondent: Norwood Auto Sales, Knoxville, TN
Violation: City and County Business License Expired
Action: $500 Civil Penalty
Respondent: Clayton Used Cars, Inc., Knoxville, TN
Violation: Temporary Tag Log Violation & No Phone Number Posted
Action: $1,250 Civil Penalty
Respondent: Neri Auto & Equipment Sales, Finger, TN
Violation: Temporary Tag Log Violation & Signage
Action: $750 Civil Penalty
Respondent: Grady Kerr Motors, Knoxville, TN
Violation: Temporary Tag Log
Action: $1,000 Civil Penalty
Respondent: Hinson Auction & Real Estate, Inc., Jackson, TN
Violation: Temporary Tag Log
Action: $1,000 Civil Penalty
Respondent: Waters Motors, Inc., Maryville, TN
Violation: Temporary Tag Log
Action: $500 Civil Penalty
Respondent: Hickory Hollow Carnival Kia, Nashville, TN
Violation: Deceptive Acts
Action: $1,000 Civil Penalty
Respondent: J & J Auto Sales, Kingsport, TN
Violation: Deceptive Acts
Action: $2,000 Civil Penalty
Respondent: Doug Justus Auto Center, Inc., Knoxville, TN
Violation: Issuing More Than Two Temporary Tags
Action: $500 Civil Penalty
Respondent: Volunteer Chevrolet, Sevierville, TN
Violation: Advertising Violation
Action: $500 Civil Penalty
Respondent: Ole Ben Franklin Motors, Knoxville, TN
Violation: Issuing More Than Two Temporary Tags
Action: $1,000 Civil Penalty
Respondent: Purdy’s Auto Parts and Salvage, Sweetwater, TN
Violation: Unlicensed Activity
Action: $500 Civil Penalty
Respondent: U-Save Auto Sales, Clarksville, TN
Violation: Temporary Tag Log
Action: $1,000 Civil Penalty
Respondent: National Auto Liquidation Center, Paris, TN
Violation: Advertising Violation
Action: $500 Civil Penalty
Respondent: Clyde Leonard, Lebanon, TN
Violation: Default of Student Loans
Action: Suspension of License
Respondent: Rebecca Mitchell, Newbern, TN
Violation: Default of Student Loans
Action: Suspension of License
Private Protective Security Services
Respondent: Jerome J. Rebel, AG-420751, Hixson, TN
Violation: TCA 62-35-115(a) Unlicensed activity
Action: $250 Civil Penalty
Respondent: Tina I. Rogers, AG-616128, Byhalia, MS
Violation: TCA 62-35-120(b) Failure to notify of arrest within thirty (30) days
Action: $50 Civil Penalty
Respondent: Darryl J. Wooder, UG-415980, Memphis, TN
Violation: TCA 62-35-112(3) & TCA 62-35-130(a)(1), (2), (5) & (6) Dishonorable, unethical, and unprofessional conduct.
Action: Revocation
Real Estate Appraisers
Respondent: Eddie John Baker, Murfreesboro, TN
Violation: In two appraisal reports on the same property, the Respondent failed to appropriately support the neighborhood market trends and factors; failed to summarize adequate reasoning or support for opinions and conclusions presented in sales comparison approach; and failed to support the site value due to the lack of analysis of area sales and sales presented.
Action: $500 civil penalty and a fifteen (15) hour Residential Report Writing and Case Studies course
Respondent: Dean G. Anderson, Franklin, TN
Violation: In an appraisal report, the Respondent failed to summarize accurate information regarding the neighborhood boundaries; failed to accurately report the site dimensions and total site area; failed to summarized the site value development or reconciliation; failed to summarize relevant information about the comparable sales; failed to properly report the date signed on the second communicated appraisal
Action: $500 civil penalty and a fifteen (15) hour Residential Report Writing course
Real Estate Commission
Respondent: William “Josh” Anderson, Nashville, TN
Violation: Advertising violation
Action: $250 Civil Penalty
Respondent: Steve G. Condurelis, III, Nashville, TN
Violation: Failure to supervise affiliates (advertising violation)
Action: $250 Civil Penalty
Respondent: James “Jim” B. Foley, Nashville, TN
Violation: Failure to timely complete required education
Action: $600 Civil Penalty
Respondent: LeAnne M. Jones, Pulaski, 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, Attend two day commission meeting
Respondent: Scott Edward West, Pigeon Forge, TN
Violation: Making any substantial and willful misrepresentation
Any conduct that constitutes improper, fraudulent or dishonest
dealing
Action: Revocation
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)