TDCI Regulatory Boards issue Disciplinary Actions Report for May 2013
Tuesday, June 18, 2013 | 08:21am
NASHVILLE, TN – Please see the following April 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.
Board of Accountancy
Respondent: Bhupinder S. Sood, Nashville, TN
Violation: Conviction of federal felony offense of concealment of assets in his personal bankruptcy by use of an offshore account
Action: Revocation of CPA license and firm permit; $200 in costs; Respondent is not eligible to petition for reinstatement for two (2) years and is required to provide evidence that his term of federal supervised release has concluded, and that he has paid $200 in costs
Respondent: Alecia W. Clark, Memphis, TN
Violation: Failure to Respond to CPE Audit
Action: $500 Civil Penalty and $550 in costs
Alarm Systems Contractors Board
Respondent: SWS, LLC dba Secure Automation, C-1508, Knoxville, TN
Violation: Failed to register alarm employees within thirty (30) days
Action: $4,500 Civil Penalty
Respondent: Travis A. Snider, QA-1665, Memphis, TN
Violation: Failed to submit employee termination notices within thirty (30) days
Action: $150 Civil Penalty
Board of Architectural and Engineering Examiners
Respondent: Linda K. McEntire, R.I.D. #607, Knoxville, TN
Violation: Misconduct
Action: $500 Civil Penalty and take and pass the Board’s Law and Rules Exam
Auctioneer Commission
Respondent: Kenneth N. Roebuck and Asset Recovery Auctions & Appraisals, Memphis, TN
Violation: Making a substantial misrepresentation; pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising or otherwise; failing to account for or remit, within a reasonable time, any money belonging to others that comes into the licensee’s possession, commingling funds of others with the licensee’s own, or failing to keep such funds of others in an escrow or trustee account; conduct which demonstrates improper, fraudulent, incompetent or dishonest dealings; and having a claim against the Auction Education and Recovery Fund paid for respondent’s actions
Action: Revocation of the individual and firm licenses, $10,000 Civil Penalty, $1,626 in costs, $2,940 to reimburse the Auctioneer Education and Recovery Fund, and respondent shall not re-apply for a new auctioneer license until he has paid all civil penalties, costs and reimbursements set forth in the order, as well as any fees, the terms of his plea agreement with Gibson County Criminal Court are completely met and he has made application for an apprentice auctioneer license and served the requisite apprenticeship set forth in T.C.A. §62-19-111(b)(2)
Board of Barber Examiners
Respondent: Charlie Pitts Hairstyling, Murfreesboro, TN
Violation: Expired master barber license
Action: $250 Civil Penalty
Respondent: International Barbers, Memphis, TN
Violation: Expired shop license
Action: $750 Civil Penalty
Burial Services
Respondent: Rick W. Greene, Sneedville, TN
Violation: Convicted of a felony or crime involving moral turpitude (criminal convictions of aggravated burglary and aggravated assault)
Action: Suspension of registration as a preneed sales agent for one year, registration to remain on a probationary period until such time as the Respondent’s probation in the criminal cases terminates and $200 in hearing costs
Respondent: Higgins Funeral Home, Inc., Fayetteville, TN
Violation: Sold preneed funeral contracts while preneed seller registration was expired, failed to refund excess funds to the purchaser, purchaser’s estate or otherwise named beneficiary, preneed funeral contract failed to identify whether it was guaranteed or non-guaranteed, failed to maintain accurate accounts, books, and records of all preneed funeral contract and prearrangement insurance policy transactions, failed to file an annual report timely and annual report failed to reconcile with data from trustee
Action: $750 Civil Penalty
Respondent: Jones & Son Funeral Home, Oneida, TN
Violation: An agent of the establishment sold preneed funeral contracts without first registering as a preneed sales agent and failed to file annual reports timely
Action: $250 Civil Penalty
Respondent: Martin Oak Ridge Funeral Home, Oak Ridge, TN
Violation: Sold preneed funeral contracts while preneed seller registration was expired, failed to submit enrollment forms or applications to the insurance company within 15 calendar days of receipt, failed to file an annual report and failed to submit the correct amount for consumer protection fees
Action: $750 Civil Penalty
Board For Licensing Contractors
Respondent: Atlantic Scaffolding Company, Houston, TX
Violation: Failure to apply for change in mode operation within 90 days
Action: Voluntary Surrender of License
Respondent: Emmitt Blankenship DBA Blankenship Heating & Air Conditioning
Lexington, TN
Violation: Unlicensed Activity
Action: $2,500 Civil Penalty
Respondent: Terry Cowley Construction LLC, Fayetteville, TN
Violation: Failure to disclose felony conviction
Action: Voluntary Surrender of License
Respondent: Dykes Restaurant Supply, Huntsville, AL
Violation: Unlicensed Activity
Action: $1,000 Civil Penalty
Respondent: Scott Johnstone, Dyer, TN
Violation: Unlicensed Activity
Action: $1,000 Civil Penalty
Respondent: Lakeshore Pools Inc., Blaine, TN
Violation: Unlicensed Activity
Action: $1,000 Civil Penalty
Respondent: Gene Rogers Builders LLC, Dalton, GA
Violation: Failure to disclose judgment(s)
Action: $500 Civil Penalty
Respondent: Deborah Short, Cookeville, TN
Violation: Unlicensed Activity
Action: $3,000 Civil Penalty
Board of Cosmetology
Respondent: Angel’s Nails, Memphis, TN
Violation: Shop providing services not authorized by shop license; dirty tools which were improperly stored
Action: $500 Civil Penalty
Respondent: Atena Nail, Memphis, TN
Violation: Unlicensed individual; Wax machine in a manicure shop; Not wearing identification name tags
Action: $750 Civil Penalty
Respondent: Bombay Beauty Salon, Memphis, TN
Violation: Unlicensed individual; No shop manager present
Action: $500 Civil Penalty
Respondent: Celina’s Hairport, Centerville, TN
Violation: Expired shop license; Not wearing identification name tag
Action: $500 Civil Penalty
Respondent: Classic Nail, Cordova, TN
Violation: Couch and hammock located in rear of shop; Non-service dog in shop.
Action: $250 Civil Penalty
Respondent: Kelly’s Nails, Memphis, TN
Violation: Wax machine in a manicure shop; Dirty work stations; Dirty tools
Action: $500 Civil Penalty
Respondent: Mane Street Salon, Hermitage, TN
Violation: Expired cosmetologist license posted; Expired shop owner/manager’s license
Action: $500 Civil Penalty
Respondent: Regal Nails, Lebanon, TN
Violation: Failure to maintain trash cover; Dirty tools; Dirty work station; Failure to use EPA registered disinfectant on pedicure chairs
Action: $250 Civil Penalty
Respondent: Star Nails, Knoxville, TN
Violation: Unlicensed individuals
Action: $3,000 Civil Penalty
Respondent: The Edge of Brentwood, Brentwood, TN
Violation: Expired cosmetologist license; Not wearing identification name tags; Dirty tools and tools improperly stored
Action: $750 Civil Penalty
Respondent: Top Nails & Spa, Chattanooga, TN
Violation: Prohibited substance of Methyl Methacrylate (MMA) in the shop
Action: $250 Civil Penalty
Board of Funeral Directors and Embalmers
Respondent: Cox & Son Funeral Home, Jellico, TN
Violation: Immoral or unprofessional conduct (embalmed a deceased human remains that was to be cremated without permission) and failed to comply with preventive requirements specified in the Funeral Rule
Action: $500 Civil Penalty
Respondent: Cremation Society of Northeast Tennessee, Elizabethton, TN
Violation: Cremation authorization form not signed by a funeral director and a copy of the license and latest inspection report for the crematory that the establishment uses not available for inspection
Action: $250 Civil Penalty
Respondent: Hibbett & Hailey Funeral Home, Nashville, TN
Violation: Copy of the license and latest inspection report for the crematory that the establishment uses not available for inspection, cremation authorization forms contained incorrect number of days regarding disposition of unclaimed cremated human remains, failed to make available the establishment license and licenses of funeral directors for inspection and failed to provide a description of merchandise selected on contracts
Action: $500 Civil Penalty
Respondent: Calvin W. James, Jr., Johnson City, TN
Violation: Engaged in the practice of funeral directing and embalming while licenses were expired
Action: $250 Civil Penalty
Respondent: Marshall-Donnelly-Combs Funeral Home, Nashville, TN
Violation: Failed to affix a permanent identification device containing all required data to the deceased human remains and failed to provide a description of merchandise selected on contracts
Action: $250 Civil Penalty
Respondent: Morris-Baker Funeral Home and Cremation Services,
Johnson City, TN
Violation: An employee practiced funeral directing and embalming while licenses were expired and a copy of the license and latest inspection report for the crematory that the establishment uses not available for inspection
Action: $250 Civil Penalty
Respondent: Mynatt Funeral Home, Inc., Knoxville, TN
Violation: Multiple aspects of the establishment’s price lists did not comply with the Funeral Rule
Action: $250 Civil Penalty
Respondent: Mynatt Funeral Home, Inc., Halls Chapel, Knoxville, TN
Violation: Multiple aspects of the establishment’s price lists did not comply with the Funeral Rule
Action: $250 Civil Penalty
Respondent: Partlow Funeral Chapel, Inc., Lebanon, TN
Violation: Multiple aspects of the establishment’s contract and price lists did not comply with the Funeral Rule
Action: $500 Civil Penalty
Respondent: Polk Memorial Crematory, Columbia, TN
Violation: Failed to place a permanent identification device in urns prior to placing the cremated human remains in the urns and failed to keep a separate record of the cremated human remains containing the required data
Action: $500 Civil Penalty
Respondent: Speck Funeral Home, Inc., Livingston, TN
Violation: Conducted funeral services while establishment license was expired and failed to include required language on a price list
Action: $500 Civil Penalty
Home Inspector Licensing Program
Respondent: Robert Chad West, Seymour, TN
Violation: In a home inspection report the Respondent failed to adequately report the method used to inspect the crawlspace
Action: $250 Civil Penalty and seven (7) hours of report writing courses
Motor Vehicle Commission
Respondent: Estill Auto Sales & Rental, LLC, Estill Springs, TN
Violation: Failure to Post Business Licenses
Action: $500 Civil Penalty
Respondent: Carl Gregory Chrysler Jeep Dodge, Johnson City, TN
Violation: Misrepresentation of Vehicle
Action: $600 Civil Penalty
Respondent: Franklin Chrysler Dodge Jeep Ram, Franklin, TN
Violation: Temporary Tag Violation and Failure to Respond
Action: $1,250 Civil Penalty
Respondent: E & S Auto Sales & Repair, Inc., Nashville, TN
Violation: Temporary Tag Violation
Action: $500 Civil Penalty
Respondent: It’s All Good Auto Sales, Inc., Memphis, TN
Violation: Temporary Tag Log Violation
Action: $500 Civil Penalty
Respondent: Daniel Cantrell, Gallatin, TN
Violation: Non-Payment of Student Loans
Action: Suspension of License
Respondent: Tamara James, Nashville, TN
Violation: Non-Payment of Student Loans
Action: Suspension of License
Respondent: Heather Collins, Franklin, TN
Violation: Non-Payment of Student Loans
Action: Suspension of License
Respondent: Rance Johnson, Memphis, TN
Violation: Non-Payment of Student Loans
Action: Suspension of License
Respondent: Kelly Roberson, Tunnel, GA
Violation: Non-Payment of Student Loans
Action: Suspension of License
Private Protective Services
Respondent: Pacer L. Mayhorn, AG-605441, Memphis, TN
Violation: Unprofessional conduct
Action: $100 Civil Penalty
Respondent: Winston L. Hale, AG-617799, West Paducah, KY
Violation: Conviction
Action: Revocation
Real Estate Appraisers
Respondent: Donald R. Joynes, Hermitage, TN
Violation: In an appraisal report, the Respondent did not correctly report the legal description, failed to summarize the neighborhood differences of the subject and comparable properties, failed to provide an accurate description of the subject improvements, failed to summarize analysis in the sales comparison approach, failed to summarize support for the opinion of site value, failed to summarize the reason for exclusion of the income approach and the reconciliation of the value opinions.
Action: $500 Civil Penalty and a fifteen (15) hour Advanced Residential Applications and Case Studies Course
Respondent: Valuation Link, LLC, Ann Arbor, MI
Violation: The Respondent failed to maintain a valid surety bond for the duration of its registration as an Appraisal Management Company
Action: $500 Civil Penalty
Tennessee Real Estate Commission:
Respondent: Adrian A. Bond, Memphis, TN
Violation: Substantial and willful misrepresentation; Conduct that constitutes improper, fraudulent or dishonest dealing; Failure to timely respond to complaint
Action: $2,500 Civil Penalty and $1,840 in costs
Respondent: Tristin Chiafullo, Chattanooga, TN
Violation: Unlicensed activity
Action: $1,000 Civil Penalty and ordered to cease and desist all unlicensed activity
Respondent: Joey L. Conner, Brownsville, TN
Violation: Failure to exercise reasonable skill and care
Action: Attend one regularly scheduled two-day commission meeting; Complete four (4) hours of continuing education in ethics and sixteen (16) hours of continuing education in contract writing
Respondent: Catherine C. Dickerson, LaVergne, TN
Violation: Failure to maintain E&O insurance
Action: $1,000 Civil Penalty and $200 in costs
Respondent: Faye C. Ellis, Nashville, TN
Violation: Escrow account violation
Action: $250 Civil Penalty
Respondent: Jeffrey “Jeff” Alan Hale, Soddy Daisy, TN
Violation: Failure to timely complete administrative measures
Action: $500 Civil Penalty, $395 in costs and attend one regularly scheduled two-day commission meeting
Respondent: Nancy B. Hardaway, Nashville, TN
Violation: Failure to timely notify commission of firm address change
Action: $750 Civil Penalty
Respondent: Robert “Chris” Helson, Gallatin, TN
Violation: Escrow account violation
Action: $250 Civil Penalty
Respondent: Nina F. Thompson-Irvin, Southaven, MS
Violation: Failure to timely complete required education
Action: $250 Civil Penalty
Respondent: Travis Alan Lefevers, Tazewell, TN
Violation: Failure to timely complete required education
Action: $50 Civil Penalty
Respondent: Ira E. Lipsey, Memphis, TN
Violation: Failure to timely complete required education
Action: $550 Civil Penalty
Respondent: Larry D. Mayall, Memphis, TN
Violation: Failure to exercise adequate supervision of affiliates; Failure to timely respond to complaint
Action: $1,000 Civil Penalty, complete four (4) hours of continuing education in ethics, and attend one regularly scheduled two-day commission meeting
Respondent: Brett Arthur Sheriff, Nashville, TN
Violation: Failure to exercise reasonable skill and care; Failure to provide services to each party to the transaction with honesty and good faith
Action: $500 Civil Penalty and attend one regularly scheduled two-day commission meeting
Scrap Metal Dealer Program
Respondent: D & E Junk, Pall Mall, TN
Violation: Unlicensed Activity
Action: $500 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)