TDCI Regulatory Boards issue Disciplinary Actions Report for June 2013
Friday, July 12, 2013 | 11:51am
REGULATORY BOARDS DISCIPLINARY ACTION REPORT
June 2013
Alarm Systems Contractors Board
Respondent: National Certified Alarms, Inc., C-645, Nashville, TN
Violation: Failed to register alarm employees within thirty (30) days
Action: $750 Civil Penalty
Respondent: Security Enterprises, Inc., C-1187, Bartlett, TN
Violation: Failed to register alarm employees within thirty (30) days
Action: $350 Civil Penalty
Respondent: Roy S. Pollack, QA-1565, Hollywood, FL
Violation: Failed to submit employee termination notices within thirty (30) days
Action: $600 Civil Penalty
Respondent: Stephen R. Schwartz, QA-1434, Warrendale, PA
Violation: Failed to submit employee termination notices within thirty (30) days
Action: $100 Civil Penalty
Respondent: Trevor E. Bradford, QA-993, Murfreesboro, TN
Violation: Failed to submit employee termination notices within thirty (30) days
Action: $150 Civil Penalty
Respondent: William S. Fuelling, QA-788, Memphis, TN
Violation: Failed to submit employee termination notices within thirty (30) days
Action: $50 Civil Penalty
Barber Examiners
Respondent: International Barbers, Memphis, TN
Violation: Unlicensed individual
Action: $750 Civil Penalty
Board for Licensing Contractors
Respondent: William (Bill) Blanton/Statewide Roofing LLC/Blanton Statewide Roofing and Tree Service
Hendersonville, TN
Violation: Unlicensed Activity
Action: $770 Civil Penalty & Costs – Final Order
Respondent: David W. Brown General Contractor, Suwanee, GA
Violation: Unlicensed Activity
Action: $500 Civil Penalty + $200 costs
Respondent: Douglas Equipment Company, Bristol, VA
Violation: Unlicensed Activity
Action: $500 Civil Penalty
Respondent: Garnet Electric Co., Inc., Sheffield, AL
Violation: Exceeding Limit
Action: $5,000 Civil Penalty
Respondent: Hutchens Construction & Development LLC, Knoxville, TN
Violation: Misconduct
Action: $1,000 Civil Penalty
Respondent: Manning Windows LLC, Sevierville, TN
Violation: Unlicensed Activity
Action: $250 Civil Penalty
Respondent: Quality Construction/Fred Spight, Cordova, TN
Violation: Unlicensed Activity
Action: $2,410 Civil Penalty & Costs – Final Order
Respondent: Tony Taliaferro DBA T and T Roofing, Nashville, TN
Violation: Unlicensed Activity
Action: $750 Civil Penalty
Board of Architectural and Engineering Examiners
Respondent: Walter L. Anderson, P.E. #6405
Violation: Practice outside area(s) of competence.
Action: $4,500 civil penalty and to take and pass the Board’s Law and Rules Exam.
Respondent: Donald F. Lee, P.E. #7100
Violation: Failed to pay the privilege tax for 2 years or more.
Action: Consent Order for an indefinite suspension, pending proof of full payment of the privilege taxes, interest and penalties.
Board of Cosmetology
Respondent: Sandy’s Nails, Cordova, TN
Violation: Individual without identification, found couch and hammock in shop
Action: $750 Civil Penalty
Respondent: L.J. Nails & Spa, Columbia, TN
Violation: Individual without identification, failure to operate shop in compliance with Rules
Action: $500 Civil Penalty
Respondent: Nail Pro, Memphis, TN
Violation: Unlicensed individuals, Sanitation issues
Action: $1,500 Civil Penalty
Respondent: Jewel Tones Hair Salon, Nashville, TN
Violation: Shop license expired, failure to operate shop in compliance with Rules
Action: $500 Civil Penalty
Respondent: Queen Spa Nails, Atoka, TN
Violation: Failure to operate shop in compliance with Rules
Action: $500 Civil Penalty
Respondent: Nail Bar on The Island, Memphis, TN
Violation: Individual not wearing identification tag, uncovered trash
Action: $750 Civil Penalty
Respondent: 10 Perfect Nails, Munford, TN
Violation: Individual not wearing identification tag, sanitation issues
Action: $250 Civil Penalty
Respondent: B.N. Nails, Bartlett, TN
Violation: Wax machine set up, sanitation issues
Action: $500 Civil Penalty
Respondent: J & J Nail Salon, Brownsville, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: B & P Beauty Salon, Memphis, TN
Violation: Manager and stylist working on expired licenses
Action: $1,000 Civil Penalty
Respondent: Twisted Scissors, Rogersville, TN
Violation: Shop license expired, individual failed to display license
Action: $500 Civil Penalty
Respondent: Nail Care, Memphis, TN
Violation: Unlicensed individuals and Sanitation issues
Action: $500 Civil Penalty
Respondent: The Nail Bar, Franklin, TN
Violation: No licensed displayed on workstations
Action: $500 Civil Penalty
Respondent: Ulta Salon Cosmetics & Fragrance, Inc., Cordova, TN
Violation: Sanitation violation, no manager in shop & stylist with no identification
Action: $1,000 Civil Penalty
Respondent: Nails 88, Clarksville, TN
Violation: Identification name tags not worn, unlicensed individual, files and drills improperly stored
Action: $750 Civil Penalty
Respondent: Hair Tech Salon #2, Nashville, TN
Violation: Failure to operate shop according to Rules
Action: $500 Civil Penalty
Respondent: Just For Looks, Covington, TN
Violation: Expired license
Action: $500 Civil Penalty
Respondent: Ashland Nail, Ashland City, TN
Violation: Sanitation violation
Action: $1,000 Civil Penalty
Respondent: 10 Perfect Nails, Memphis, TN
Violation: Sanitation violation and services provided not part of Manicure shop
Action: $1,250 Civil Penalty
Respondent: Nueva Imagen, Nashville, TN
Violation: Unlicensed individual, no manager present
Action: $500 Civil Penalty
Board of Funeral Directors and Embalmers
Respondent: Boyd Funeral Home, Ashland City, TN
Violation: Authorization for cremation forms failed to contain a funeral director signature, failed to retain a written receipt of release pertaining to cremated remains, statement of funeral goods and services contained unnecessary and misleading information and multiple aspects of the establishment’s price lists did not comply with the Funeral Rule and
Action: $500 Civil Penalty
Respondent: Gentry Griffey Funeral Chapel & Crematory, Knoxville, TN
Violation: An advertisement failed to include an itemized listing of each and every item, procedure or service and the price of the item
Action: $250 Civil Penalty
Respondent: Heritage Funeral Home & Cremation Services, LLC, Franklin, TN
Violation: Files lacked any receipt or failed to contain a completed receipt for human remains delivered to the crematory, statement of funeral goods and services selected lacked the reason for embalming, aspects of the establishment’s general and casket price lists were inaccurate and failed to respond within the time specified upon receiving notice that a complaint had been opened against the establishment
Action: $750 Civil Penalty
Respondent: Yashan Eugene Long, Athens, TN
Violation: Delinquent or defaulted on a state or federal educational loan or service-conditional scholarship
Action: Suspension of registration as an apprentice funeral director and an apprentice embalmer
Burial Services
Respondent: Kerry Mark Kauffman, Hendersonville, TN
Violation: Not in compliance with an order of child support
Action: Suspension of registration as a preneed sales agent
Respondent: Snyder’s Memorial Gardens, Inc., Gray, TN
Violation: Failed to make deposits to the improvement care trust fund within the time specified by law, charged an amount exceeding the maximum fee allowed by law pertaining to installation and memorial care fees and the cemetery contract did not contain statutory required disclosure language
Action: $250 Civil Penalty
Collection Services Board
Respondent: Roma, Murphy & Horowitz
Violation: Unlicensed Activity
Action: $1000 Civil Penalty & Consent Order
Motor Vehicle Commission
Respondent: Aleman Auto Sales, Smyrna, TN
Violation: Temporary Tag Violation
Action: $1000 Civil Penalty
Respondent: East Tennessee Vehicle Group, LLC, Oak Ridge, TN
Violation: Failure to Respond
Action: $700 Civil Penalty
Respondent: Mike Robertson, Lewisburg, TN
Violation: Unlicensed Activity
Action: $500 Civil Penalty
Respondent: Cumberland Kia, Cookeville, TN
Violation: Advertising Violation
Action: $500 Civil Penalty
Respondent: Banks Auto Sales, Dandridge, TN
Violation: Altering Temporary Tags and Unlicensed Salesperson
Action: $3000 Civil Penalty
Respondent: Mid-South Global Auto Sales, Memphis, TN
Violation: Temporary Tag Log, Altered Temporary Tags
Action: $3000 Civil Penalty
Respondent: Joe Vandergriff/Cartwright Automotive, Dunlap TN
Violation: Unlicensed Activity
Action: $2000 Civil Penalty
Respondent: International Capital Equipment, Memphis, TN
Violation: No Temporary Tag Log
Action: $2000 Civil Penalty
Respondent: 68 Salvage & Recycling, Inc., Sweetwater, TN
Violation: Unlicensed Activity
Action: $10,000 Civil Penalty
Respondent: Economy Auto Sales, Morristown, TN
Violation: Unlicensed Activity
Action: $1825 Civil Penalty
Private Protective Services
Respondent: Wilson T. Watts, AG-619289, Lebanon, TN
Violation: Unprofessional conduct
Action: Probation
Real Estate Appraisers
Respondent: Glenn K. Trotter, Germantown, TN
Violation: In 2 appraisal reports, the Respondent committed violations of USPAP in the subject’s listing and sales history, description of improvements, and sales comparison and cost approach sections of these reports. He also failed to explain the exclusion of the income approach in these reports as is required.
Action: 30 day suspension of Respondent’s real estate appraiser license retroactive to and concurrent with prior 30 day suspension served in March, 2013.
Respondent: Patrick H. Peters, Bartlett, TN
Violation: In an appraisal report, the Respondent failed to report that the subject property is on a busy street, used superior comparable sales without adequate reconciliation, failed to support the site value, and the appraiser made a misstatement in the reconciliation regarding the cost approach.
Action: $1000 civil penalty and a thirty (30) hour Sales Comparison Approach Course.
Respondent: Brent B. Lightsey, Senatobia, MS
Violation: In an appraisal report for 2 residential properties (duplex) the Respondent did not properly report the physical characteristics of the subject property and comparable rental data, and the appraisal report failed to summarize the analysis of income approach data and exclusion of the income approach not supported.
Action: $500 civil penalty and a fifteen (15) hour Report Writing Course.
Tennessee Real Estate Commission:
Respondent: John A. Amaefula, Germantown, TN
Violation: Failure to specify a definite termination date to listing agreement
and offer to purchase forms
Failure to diligently exercise reasonable skill and care
Failure to be loyal to the interests of the client
Action: $3000 Civil Penalty; Complete six (6) hours on continuing education in contract writing and four (4) hours of ethics
Attend one regularly scheduled two-day commission meeting
Respondent: Adrian A. Bond, Memphis, TN
Violation Violating the terms of any lawful order entered by the
commission; failure to comply with final order
Action: Revocation
Respondent: Cynthia “Cindy” K. Jacobsen, White House, TN
Violation: Failure to timely complete required education
Action: $600 Civil Penalty
Respondent: Denice M. Lytle, Nashville, TN
Violation: Failure to be loyal to the interests of the client
Action: $500 Civil Penalty
Attend one regularly scheduled two-day commission meeting
Respondent: Charles E. Moore, Memphis, TN
Violation: Making any substantial and willful misrepresentation
Making any promise of a character likely to influence, persuade
or induce any person to enter into any contract or agreement
when the licensee could not or did not intend to keep the
promise. Pursuing a continued and flagrant course of
misrepresentation or making of false promises through affiliates
brokers, other persons, any medium of advertising or otherwise
Failure within a reasonable time to remit monies belonging to
others. Any conduct that constitutes improper, fraudulent or
dishonest dealing. Violating the terms of any lawful order entered
by the commission; failure to comply with final order
Action: Revocation
Respondent: Freda Joy Shaw, Dayton, TN
Violation: Failure to timely complete required education
Action: $450 Civil Penalty
Scrap Metal Dealer Program
Respondent: All Star Recycling
Violation: Unlicensed Activity
Action: $250 Civil Penalty & Consent Order
The Department of Commerce and Insurance works to protect consumers while ensuring fair competition for industries and professionals who do business in Tennessee.
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