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Tennessee Department of Commerce and Insurance Disciplinary Actions Report for August 2013

Friday, September 13, 2013 | 04:56am
Alarm Systems Contractors Board
Respondent: ADT, LLC, C-1691, Memphis, TN
Violation: Failed to register alarm employee within thirty (30) days
Action: $250 Civil Penalty
 
Respondent: ADT, LLC, C-1691, Memphis, TN
Violation: Failed to register alarm employee within thirty (30) days
Action: $350 Civil Penalty
 
Respondent: Fleenor Security Systems, C-239, Johnson City, TN
Violation: Failed to register alarm employee within thirty (30) days
Action: $100 Civil Penalty
 
Respondent: Fleenor Security Systems, C-102, Knoxville, TN
Violation: Failed to register alarm employees within thirty (30) days
Action: $1,750 Civil Penalty
 
Respondent: Security Force, Inc., C-1754, Raleigh, NC
Violation: Unlicensed activity
Action: $1,000 Civil Penalty
 
Respondent: 633 Kreative Worx, LLC, Somerville, TN
Violation: Unlicensed activity
Action: $2,000 Civil Penalty
 
Respondent: Lathron D. Smith, QA-1600, Memphis, TN
Violation: Serve on behalf of other business entity
Action: $250 Civil Penalty
 
Architectural and Engineering Examiners
Respondent: Frank Alexander Cleaton, P.E. #104784 Maitland, FL
Violation: Practiced outside area(s) of competence.
Action: Agreed Order for respondent to take and pass the Board’s Law and Rules Exam, pay $200 in administrative costs to be paid within thirty (30) days of the entry of the Final Order, pay a $100 civil penalty to be paid within thirty (30) days of entry of the final order and to pay $3,350 in reimbursement of expert witness fees to be paid within one hundred twenty days (120) of entry of the Final Order.
 
 
Auctioneer Commission
Respondent: Ridenour’s Auction Sale, Oliver Springs, Tennessee
Violation: Unlicensed auction firm
Action: $1,000 Civil Penalty
 
 
Board of Funeral Directors and Embalmers
Respondent: Appalachian Funeral Home and Cremation Services, Johnson City, TN
Violation: A funeral director practiced funeral directing and served as manager of the establishment while that individual’s funeral director license was expired, failure to securely affix a permanent identification device to a deceased human remains, failure to make available records for inspection that are kept in the normal course of business and failure to provide a reason for embalming on contracts
Action: $1,100 Civil Penalty
 
Respondent: Austin & Bell Funeral Home, Greenbrier, TN
Violation: Signage referred to the funeral establishment by a name other than the exact name approved by the Board, cremation authorization forms contained incorrect number of days regarding disposition of unclaimed cremated human remains and multiple aspects of the establishment’s price lists did not comply with the Funeral Rule
Action: $250 Civil Penalty
 
Respondent: Davis-Campbell-McClain Funeral Home, Nashville, TN
Violation: Price lists referred to the funeral establishment by a name other than the exact name approved by the Board, failure to make available for inspection the latest copy of the crematory’s license and inspection report utilized by the establishment, failure to provide a reason for embalming on a contract, failed to submit documents on the required size paper, multiple aspects of the establishment’s price lists did not comply with the Funeral Rule and failure to respond to a complaint within the time specified in the notice
Action: $750 Civil Penalty
 
Respondent: Family Funeral Care, Memphis, TN
Violation: Failure to provide a description of merchandise selected by the consumer on contracts prior to the consumer signing the contract and failure to respond to a complaint within the time specified in the notice
Action: $750 Civil Penalty
 
Respondent: Foston Funeral Home, Clarksville, TN
Violation: Conducted business while the establishment licensed was expired
Action: $1,500.00 Civil Penalty
 
Respondent: Golden Gate Funeral Home, Memphis, TN
Violation: A funeral director practiced funeral directing and served as manager of the establishment while that individual’s funeral director license was expired
Action: $500 Civil Penalty
 
Respondent: Hermitage Funeral Home & Memorial Gardens, Old Hickory, TN
Violation: Funeral director failed to sign cremation authorization forms, failure to make available for inspection the latest the latest copy of the crematory’s inspection report utilized by the establishment, cremation authorization forms contained incorrect number of days regarding disposition of unclaimed cremated human remains, the licenses of a funeral director and an embalmer were not available for inspection, contracts referred to the funeral establishment by a name other than the exact name approved by the Board and failure to provide a description of merchandise selected by the consumer on contracts prior to the consumer signing the contract
Action: $500 Civil Penalty
 
Respondent: Jones & Son Funeral Home, Oneida, TN
Violation: A funeral director practiced funeral directing and served as manager of the establishment while that individual’s funeral director license was expired, the licenses of a funeral director and an embalmer were not available for inspection, failure to provide a description of merchandise selected by the consumer on contracts prior to the consumer signing the contract and multiple aspects of the establishment’s price lists did not comply with the Funeral Rule
Action: $250 Civil Penalty
 
Respondent: Dennis Jones, Jr., Oneida, TN
Violation: Practiced funeral directing and served as the manager of an establishment while funeral director license was expired
Action: $250 Civil Penalty
 
Respondent: J. W. Adkins Funeral Home, Nashville, TN
Violation: Failure to timely submit an application for a change of ownership to the Board, failure to make available for inspection the latest copy of the crematory’s license and inspection report utilized by the establishment, funeral director failed to sign a cremation authorization form, failure to provide a description of merchandise selected by the consumer on contracts prior to the consumer signing the contract, failure to provide reason for embalming on contracts and multiple aspects of the establishment’s price lists did not comply with the Funeral Rule
Action: $500 Civil Penalty
 
Respondent: Memphis Funeral Home and Memorial Gardens, Memphis, TN
Violation: A cremation authorization form failed to include the telephone number of the crematory utilized by the establishment, failure to provide a description of merchandise selected by the consumer on contracts prior to the consumer signing the contract and failure to respond to a complaint within the time specified in the notice
Action: $750 Civil Penalty
 
Respondent: Reginald K. Robinson, Sr., Memphis, TN
Violation: Unlicensed activity – engaged in the practice of funeral directing without being duly licensed as a funeral director
Action: $250 Civil Penalty
 
Respondent: Woodhaven Funeral Home & Memorial Gardens, Powell, TN
Violation: Funeral director failed to sign a cremation authorization form, failure to have all surfaces, instruments, tables, fixtures and equipment cleaned and sanitized in the preparation room and all waste and soiled clothing properly disposed of and multiple aspects of the establishment’s price lists did not comply with the Funeral Rule 
Action: $500 Civil Penalty
 
 
Board for Licensing Contractors 
Respondent: Heath Littrell DBA HL Construction, Cleveland, TN
Violation: Bidding in a name other than licensed
Action: $250 Civil Penalty
 
Respondent: Harry Mansfield DBA All South Remodeling & Southern Solar
Rossville, GA
Violation: Unlicensed Activity
Action: $250 Civil Penalty
 
Respondent: Raymond McNamara DBA Floor U Installation, Germantown, TN
Violation: Unlicensed Activity
Action: $250 Civil Penalty
 
Respondent: John Carlton / Destiny Enterprises LLC / FNA Carlton Homes Inc Nashville, TN
Violation: Allowing use of license by unlicensed person/entity
Action: $5000 + Costs Civil Penalty
 
Respondent: Archer Plumbing LLC, Columbia, TN
Violation: Exceeding Limit
Action: $500 Civil Penalty
 
Respondent: Screaming Eagle Construction LLC, Lakeland, TN
Violation: Unlicensed Activity
Action: $500 Civil Penalty
 
Respondent: Gregory D. Baker, Cookeville, TN
Violation: Unlicensed Activity
Action: $1000 + Costs Civil Penalty
 
Respondent: Kermit Whitlow, Antioch, TN
Violation: Unlicensed Activity (Invalid License)
Action: $2,000 + Costs Civil Penalty
 
Respondent: Jonathan Rolen & Darrell Clark DBA C & C Construction
Knoxville, TN
Violation: Unlicensed Activity; False Representation of Licensure
Action: $3,500 + Costs Civil Penalty
 
Respondent: Homer F. Chaney DBA Atlas Handy Services, Nashville, TN
Violation: Unlicensed Activity
Action: $3,000 + Costs Civil Penalty
 
Respondent: K-Barr Group LLC, Nashville, TN
Violation: Working Out of Class
Action: $5,000 Civil Penalty
 
Respondent: Robbie Powers DBA Powers Construction, LaFollette, TN
Violation: Failure to Complete Repairs
Action: Voluntary Surrender of License
 
 
Cosmetology Board
Respondent: Ann's Nails, Cordova, TN
Violation: Individual servicing client on expired license, no ID tags worn, washer/dryer visible to public
Action: $500.00 Civil Penalty
 
Respondent: Nail and Spa City, Columbia, TN
Violation: Unlicensed individual and all employees not wearing ID tags
Action: $500 Civil Penalty
 
Respondent: Pro Nails, Columbia, TN 
Violation: Employee displaying photocopied license, all employees were not wearing ID tags, instruments unsanitized, dirty and waxing equipment shop only licensed for manicuring.
Action: $1000 Civil Penalty
 
Respondent: Ecco Salon, LLC Franklin, TN 
Violation: Respondent shop operating in a new location without first submitting an application for change of location and passing an inspection prior to providing services.
Action: $250.00 Civil Penalty
 
 
Home Inspector Licensing Program
Respondent: Louis M. Trotter, Antioch, TN   
Violation: Failed to continuously maintain General Liability Insurance and Errors and Omissions Insurance.
Action: $250 civil penalty and $567.50 of investigatory and hearing costs assessed by a Final Order.      
 
 
Motor Vehicle Commission
Respondent: Justin Vero, Hendersonville, TN
Violation: Off-Site Sales
Action: $500 Civil Penalty
 
Respondent: Budget Auto Salvage, LLC McMinnville, TN
Violation: Temporary Tag Log Violation
Action: $2000 Civil Penalty
 
Respondent: Credit Cars, LLC, Chattanooga, TN
Violation: Temporary Tag Log Violation
Action: $2500 Civil Penalty
 
Respondent: Gary Mathews North, Inc., Clarksville, TN
Violation: Temporary Tag Violation/Issuing more than Two Tags
Action: $1000 Civil Penalty
 
Respondent: Greenville Cycles, LLC, Greenville, TN
Violation: Unlicensed Salesperson
Action: $500 Civil Penalty
 
Respondent: Car Deals, Gallatin, TN
Violation: Failure to Renew County/City Business License
Action: $250 Civil Penalty
 
Respondent: Twin City Buick GMC, Alcoa, TN
Violation: Engaging in a Deceptive Act
Action: $1000 Civil Penalty
 
Respondent: Maxx Automotive Corporation, Mount Juliet, TN
Violation: Selling Vehicles to Unlicensed Individuals
Action: $5000 Civil Penalty and Surrender of Manufacturer/Distributor License
 
Respondent: Galaxy Auto Sales, Nashville, TN
Violation: Temporary Tag Log Violation
Action: $5000 Civil Penalty
 
Respondent: Jim’s Used Cars, Memphis, TN
Violation: Temporary Tag Log Violation
Action: $1000 Civil Penalty
 
Respondent: Aleman Auto Sales, Smyrna TN
Violation: Engaging in Deceptive Acts
Action: $2000 Civil Penalty
 
 
Respondent: River City Car Exchange, LLC, Chattanooga, TN
Violation: False Act of Providing a False Temporary Tag
Action: $500 Civil Penalty
 
Respondent: U-Save Auto Sales, Clarksville, TN
Violation: Misuse of Dealer Tags
Action: $2000 Civil Penalty
 
Respondent: Gary Mathews Motors, Inc., Clarksville, TN
Violation: False and Deceptive Acts
Action: $60,000 Civil Penalty
 
Respondent: Auto Masters of Smyrna, Smyrna, TN
Violation: Temporary Tag Log Violation
Action: $1000 Civil Penalty
 
Respondent: Haddon Motor Co., Manchester, TN
Violation: Unlicensed Activity and Misuse of Dealer Tags
Action: $1000 Civil Penalty
 
Respondent: Car Concepts, Madison, TN
Violation: Unlicensed Activity/Failure to Supervise
Action: $8,500 Civil Penalty
 
Respondent: Insurance Auto Auctions of Tennessee, Nashville, TN
Violation: Admitting Unlicensed Person to Auction
Action: $500 Civil Penalty
 
 
Private Protective Services
Respondent: A.S.A.P. Security Staffing, LLC, CSC-11348, Memphis, TN
Violation: Unlawful employment
Action: $250 Civil Penalty
 
Respondent: Memphis Security of Tennessee, CSC-12107, Memphis, TN, 
Violation: Failure to comply with the payment agreement
Action: Revocation
 
Respondent: Angel H. Rogers, UG-383819, Kingsport, TN, 
Violation: Unlicensed activity
Action: $600 Civil Penalty 
 
Respondent: Christopher M. Peters, Jonesborough, TN
Violation: Unlicensed activity
Action: $100 Civil Penalty
 
Respondent: Crystal Carter, AG-614514, Memphis, TN
Violation: Unlicensed activity
Action: $500 Civil Penalty
 
Respondent: Lester L. Davis, AG-612832, Millington, TN
Violation: Conviction
Action: Revocation
 
Respondent: Rigoberto Sanchez, UG-418451, Bell Buckle, TN
Violation: Conviction
Action: Revocation
 
Respondent: Tony R. Greer, AG-602377, Memphis, TN
Violation: Unlicensed activity
Action: Revocation & $10,000 Civil Penalty
 
 
Real Estate Commission
Respondent: John A. Amaefula, Germantown, TN
Violation: Failure to timely comply with payment plan contained consent order
Action: Suspension until default is cured
 
Respondent: Stephen “Steve” D. Martin, Cleveland, TN
Violation: Failure to timely complete required education 
Action: $350 Civil Penalty
 
Respondent: Charles E. Mason, Jr., Newport, TN
Violation: Failure to notify commission of criminal conviction
Action: Automatic revocation pursuant to T.C.A. § 62-13-312(f)
 
Respondent: Alexis L. Mayes, Nashville, TN
Violation: Any conduct that constitutes improper, fraudulent or dishonest dealing
Action:  $200 Civil Penalty and attend one regularly scheduled Commission meeting
 
Respondent: Frank J. Miles, Nashville, TN
Violation: Failure to timely complete required education 
Action: $450 Civil Penalty
 
Respondent: Mark A. Mourier, Johnson City, TN
Violation: Failure to timely complete required education 
Action: $600 Civil Penalty
 
Respondent: Donald H. Smith, Martin, TN 
Violation: Failure to timely complete required education 
Action:  $50 Civil Penalty
 
Respondent: Larry Joe Turner, Knoxville, TN
Violation: Failure to timely purchase Errors and Omissions Ins
Action: $500 Civil Penalty
 
Respondent: Tarah Adkins Webber, Mt. Juliet, TN 
Violation: Failure to timely purchase Errors and Omissions Ins
Action: $500 Civil Penalty
 
 
The following individuals have had their licenses suspended in accordance with Tenn. Code Ann. §36-5-706 or Tenn. Code Ann. §56-1-313
 
 Barber Board 
 Quantez Holmes Brownsville, TN
 
 Board of Accountancy 
 Michael L. Thompson Brandon, MS
 
Private Protective Services 
Everett Barnes               Nashville, TN
James Ford                    Memphis, TN
Rhiannon Heatherly     Jacksboro, TN 
Thomas Hesson           Cleveland, TN 
 
Real Estate Commission
Latasha Jones              Memphis, TN
Aaron T. Moore              Dyersburg, TN
Donna Sure Malone     Murfreesboro, TN 
 
Motor Vehicle Commission
Jason Bailey                  Knoxville, TN
Mary Nash                      Cookeville, TN
Michael Hopson            Knoxville, TN
Tamara James              Nashville, TN
 
 
 
 
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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