December 2013 Regulatory Boards Disciplinary Action Report
REGULATORY BOARDS DISCIPLINARY ACTION REPORT
December 2013
Alarm Systems Contractors Board
Respondent: A.C.E., Alarms, Inc. C-117, Brentwood, TN
Violation: Failure to submit transfer notices within thirty (30) days
Failure to register alarm employees within thirty (30) days
Action: $3,900 Civil Penalty
Respondent: Gravity Networks, Knoxville, TN
Violation: Unlicensed activity
Action: $1,000 Civil Penalty
Respondent: Proscan Technologies Plus, Inc. C-1805, Cordova, TN
Violation: Unlicensed activity
Action: $1,000 Civil Penalty
Respondent: Rackley Technologies, C-1787, Pulaski, TN
Violation: Unlicensed activity
Action: $500 Civil Penalty
Respondent: Jayson L. Taylor, QA-1196, Memphis, TN
Violation: Failure to submit termination notice within thirty (30) days
Action: $50 Civil Penalty
Respondent: Kurt W. Becker, QA-1353, West Palm Beach, FL
Violation: Failure to submit termination notices within thirty (30) days
Action: $400 Civil Penalty
Respondent: Robert Morelock, QA-1693, Johnson City, TN
Violation: Failure to submit termination notice within thirty (30) days
Action: $50 Civil Penalty
Respondent: Steven L. Buchanan, QA-1397, Atoka, TN
Violation: Failure to submit termination notice within thirty (30) days
Action: $50 Civil Penalty
Respondent: Tammy L. Donald, QA-1613, Irving, TX
Violation: Failure to submit termination notices within thirty (30) days
Action: $1,700 Civil Penalty
Architectural and Engineering Examiners
Respondent: Stephen P. Maslan, P.E. #19053 Kansas City, MO
Violation: Violated Rule 0120-02-.07(5) (b)
Action: Consent Order for a period of probation to expire when written proof is submitted that license in the State of Oklahoma has been reinstated and is in good standing and to take and pass the Board’s Law and Rules Exam.
Respondent: David T. Vath, P.E. #100979 Charleston, SC
Violation: Violated T.C.A. 67-4-1702 and 1704 and T.C.A. 62-2-308.
Action: Final Order, by Default, Revocation and to pay all litigation and court costs.
Respondent: Crag Alexander Perry, P.E. #22725 Houston, TX
Violation: Violated T.C.A. 67-4-1702 and 1704 and T.C.A. 62-2-308.
Action: Agreed Order for $250 civil penalty and $200 in court costs.
Respondent: Patrick H. Johnson, P.E. #102579 Paducah, KY
Violation: Violated T.C.A. 67-4-1702 and 1704 and T.C.A. 62-2-308.
Action: Agreed Order for $250 civil penalty and $200 in court costs.
Respondent: Patrick L. Fly, RA #7728 Dawsonville, GA
Violation: Violated T.C.A. 67-4-1702 and 1704 and T.C.A. 62-2-308.
Action: Agreed Order for $250 civil penalty and $200 in court costs.
Respondent: Aloysius F. Wolczyk, Jr., P.E. #104422 Louisville, KY
Violation: Violated T.C.A. 67-4-1702 and 1704 and T.C.A. 62-2-308.
Action: Agreed Order for $250 civil penalty and $200 in court costs.
Barber Board
Respondent: The Barber Shop, Memphis, TN
Violation: Unlicensed activity; laminated license; sanitation
Action: $1000.00 Civil Penalty
Respondent: Airways Barber Shop, Memphis, TN
Violation: Unlicensed activity; sanitation violation
Action: $750.00 Civil Penalty
Respondent: Heather’s Barber & Style Shop, Dickson, TN
Violation: Sanitation violation
Action: $250.00 Civil Penalty
Respondent: Blades Barber Shop & Styles, Memphis, TN
Violation: Sanitation violation
Action: $250.00 Civil Penalty
Respondent: Vick & Ray’s Beauty & Barber, Memphis, TN
Violation: Unlicensed activity
Action: $500.00 Civil Penalty
Board of Funeral Directors and Embalmers
Respondent: Scott E. Hamm, Jr., Portland, TN
Violation: Funeral director served in the capacity of establishment manager, practiced funeral directing while license was expired, failed to make available his current funeral director and embalmer licenses for inspection, and failed to respond regarding a complaint within the time specified in the notice
Action: Surrender of funeral director and embalmer licenses and the Board shall not consider any application from this Respondent for any license until the expiration of five years
Respondent: James Edwin Herndon, III, Memphis, TN
Violation: Immoral or unprofessional conduct (provided cremation services for two non-related individuals and released the cremated human remains of these two individuals to opposite family members for final disposition)
Action: $2,000 Civil Penalty
Respondent: Hibbett & Hailey Funeral Home, Nashville, TN
Violation: Failed to obtain and maintain a copy of the crematory’s current license and latest inspection report utilized by the funeral home, failed to retain a cremation authorization form, failed to report a change of the funeral director managing, supervising and responsible for the funeral establishment, and multiple aspects of the establishment’s price lists and statements of funeral goods and services selected did not comply with the Funeral Rule
Action: $750 Civil Penalty
Respondent: Portland Funeral Chapel, Portland, TN
Violation: Failed to obtain and maintain a copy of the crematory’s current license and latest inspection report utilized by the funeral home, cremation authorization forms were not signed and dated, a funeral director served in the capacity of establishment manager and practiced funeral directing while license was expired, failed to securely affix a permanent identification device to the deceased human remains, business cards and the establishment’s website either gave or tended to give the impression that an unlicensed person was licensed or entitled to practice either as a funeral director or embalmer, ventilation fan in the preparation room was not working properly, waste and soiled clothing were not properly disposed of, the preparation room was disorderly and cluttered, multiple aspects of the establishment’s price lists did not comply with the Funeral Rule, and failed to respond regarding a complaint within the time specified in the notice
Action: $1,000 Civil Penalty
Respondent: Thompson’s Mortuary, Ripley, TN
Violation: Immoral or unprofessional conduct (failed to honor a financial obligation to a supplier in a timely manner) and failed to respond regarding a complaint within the time specified in the notice
Action: $500 Civil Penalty
Board for Licensing Contractors
Respondent: Shook Inc., Dayton, OH
Violation: Bidding in the Name other than License
Action: $500 Civil Penalty
Respondent: WB Day Construction, Memphis, TN
Violation: Unlicensed Activity
Action: $500 Civil Penalty
Respondent: John Erick DBA Southeast Construction, Chattanooga, TN
Violation: Exceeding Limit
Action: $1000 Civil Penalty
Respondent: Barrett Construction & Revocation LLC, Manchester, TN
Violation: Unlicensed Activity
Action: $2500 Civil Penalty
Respondent: Eddie Hines, DBA H & H Construction, Chattanooga, TN
Violation: Unlicensed conduct as a home improvement contractor, receiving payment while abandoning and not completing jobs, and failing to install specified equipment that homeowner had contracted for.
Action: $5,000.00 Civil Penalty plus hearing costs.
Respondent: Ray Walker, DBA ABC All-In-One, Memphis, TN
Violation: Unlicensed conduct as a home improvement contractor, collecting a deposit that was more than 1/3 of the contract price, and misrepresenting his credentials by claiming to be fully licensed as a state home improvement contractor.
Action: $2,000.00 Civil Penalty plus hearing costs.
Respondent: Brian Burgess, DBA Contracting and Materials, Inc.
Violation: Unlicensed activity.
Action: $1,000.00 Civil Penalty.
Burial Services
Respondent: Canale Funeral Directors, Inc., Memphis, TN
Violation: An agent of the establishment who sold preneed funeral contracts was not registered as a preneed sales agent at the time of selling the contracts
Action: $250 Civil Penalty
Respondent: Coulter-Garrison Funeral Home, Inc., Dayton, TN
Violation: Provided discount on preneed funeral contract, failed to properly pay all preneed funeral consumer protection fees, and failed to timely submit an annual report
Action: $250 Civil Penalty
Respondent: Grandview Memorial Garden, Inc., Clinton, TN
Violation: Failed to deposit funds into trust fund, failed to make deposits into trust fund timely, lacked fidelity bond coverage, omitted specific disclosure language required in all contracts, failed to execute a sales contract for merchandise and services sold, and failed to submit a properly completed annual report
Action: $750 Civil Penalty
Respondent: Hatmaker Funeral Home, Lake City, TN
Violation: Provided discounts on preneed funeral contracts, failed to refund excess funds to the purchaser, purchaser’s estate or named beneficiary, failed to pay all preneed funeral consumer protection fees, and failed to timely submit a properly completed annual report
Action: $500 Civil Penalty
Respondent: Kyker Funeral Homes, Harriman, TN
Violation: Provided discount on a preneed funeral contract and failed to timely submit an enrollment or application form to the insurance company for the funding of a preneed funeral contract by an insurance policy
Action: $250 Civil Penalty
Respondent: Loretto Memorial Chapel, Inc., Loretto, TN
Violation: Provided discounts on preneed funeral contracts, failed to properly pay all preneed funeral consumer protection fees, and failed to submit an annual report
Action: $500 Civil Penalty
Respondent: Oak Lawn Funeral Home – Cremation Center, Sparta, TN
Violation: Provided discounts on preneed funeral contracts
Action: $250 Civil Penalty
Respondent: Rhea Memory Gardens, Inc., Dayton, TN
Violation: Failed to deposit funds into trust funds, failed to make deposits into trust fund timely, and failed to execute a sales contract for merchandise and services sold
Action: $500 Civil Penalty
Respondent: Rucker Memorial Chapel, Inc., Murfreesboro, TN
Violation: Sold preneed funeral contracts while preneed seller registration was expired and failed to file annual report timely
Action: $350 Civil Penalty
Respondent: Woodlawn Cemetery Company, Knoxville, TN
Violation: Failed to deposit funds into trusts, failed to make deposits into trust funds timely, and omitted specific disclosure language required in all contracts
Action: $1,500 Civil Penalty
Cosmetology Board
Respondent: Nail & Day Spa Creating Inspiration, Murfreesboro, TN
Violation: Unlicensed activity
Action: $250.00 Civil Penalty
Respondent: Tangle Hair Studio, Memphis, TN
Violation: Unlicensed activity
Action: $250.00 Civil Penalty
Respondent: Northside Health Care Center, Murfreesboro, TN
Violation: Inspection sheet not posted; no manager present
Action: $500.00 Civil Penalty
Respondent: Envy Hair Salon, Columbia, TN
Violation: Not wearing ID tag; sanitation violation
Action: $500.00 Civil Penalty
Respondent: Georgia Career Institute, Murfreesboro, TN
Violation: Working on expired license; Student not qualified to attend school
Action: $1000.00 Civil Penalty
Respondent: Dior African Hair Braiding, Nashville, TN
Violation: No manager present; operating on expired license
Action: $250.00 Civil Penalty
Respondent: Ruby Nails, Nashville, TN
Violation: Unlicensed activity; not wearing ID tags; sanitation violations
Action: $750.00 Civil Penalty
Respondent: Jennifer’s Nail, Memphis, TN
Violation: Unlicensed activity; not wearing ID tags; sanitation violations
Action: $1000.00 Civil Penalty
Respondent: Hair Plus Beauty Supply, Memphis, TN
Violation: Unlicensed activity
Action: $250.00 Civil Penalty
Respondent: Nail Trix, Maryville, TN
Violation: Unlicensed activity
Action: $500.00 Civil Penalty
Respondent: Nails So Happy, Smyrna, TN
Violation: Not wearing ID tags
Action: $250.00 Civil Penalty
Respondent: Splendid Nails, Memphis, TN
Violation: Unlicensed activity
Action: $250.00 Civil Penalty
Respondent: Emelly’s Beauty Salon, Memphis, TN
Violation: Unlicensed activity; sanitation violations
Action: $1000.00 Civil Penalty
Respondent: Xuan Tran, Gallatin, TN
Violation: Violation of Tenn. Code Ann. § 62-4-116
Action: Revocation of license
Motor Vehicle Commission
Respondent: Mr. Imports Auto Sales, Memphis, TN
Violation: Temporary Tag Violation
Action: $1000 Civil Penalty
Respondent: The Great South Auction Co., Savannah, TN
Violation: Unlicensed Activity
Action: $500 Civil Penalty
Respondent: Credit Auto Sales, Inc., Smyrna, TN
Violation: Deceptive Acts and Temporary Tag Violation
Action: $3000 Civil Penalty
Private Investigation and Polygraph Commission
Respondent: Rosetta Stone Investigations, PIC-1393, Brentwood, TN
Violation: Failure to notify of arrest within thirty (30) days
Action: $125 Civil Penalty
Private Protective Services
Respondent: First Response Security, CSC-10576, Arlington, TN
Violation: Unlawful employment
Action: $1,200 Civil Penalty
Respondent: Tequila Cowboy, Nashville, TN
Violation: Unlicensed activity
Action: $1,000 Civil Penalty
Respondent: Brittany M. McElroy, AG-609651, Lebanon, TN
Violation: Failure to notify of her arrest within thirty (30) days
Working as a security guard without a valid registration
Action: $1,000 Civil Penalty plus Hearing and Investigatory costs
Respondent: Forrest D. Bradford, AG-603203, Smyrna, TN
Violation: Engaged in dishonorable, unethical, or unprofessional
conduct
Action: Revocation
Respondent: Frank C. Thomas, AG-614810, Nashville, TN
Violation: Engaged in dishonorable, unethical, or unprofessional
conduct
Action: Suspension
Respondent: Sean A. Carter, AG-605889, Lawrenceburg, TN
Violation: Unlicensed activity
Action: $2,000 Civil Penalty plus Hearing and Investigatory costs
Real Estate Appraisers
Respondent: Patrick H. Peters, Bartlett, TN
Violation: Failure to comply with terms of a consent order.
Action: Suspension
Real Estate Commission
Respondent: Richard “Rick” L. Adrian, Gatlinburg, TN 37738
Violation: Failure to maintain Errors and Omissions insurance
Action: $500 Penalty Fee, provided proof of errors and omissions ins.
Respondent: Jimmy “Jim” Agee, Lebanon, TN
Violation Failure to exercise adequate supervision over the activities of
licensed affiliate broker
Action: $500 Civil Penalty
Attend one regularly scheduled two-day commission meeting
Respondent: Jere L. Allen, Mountain Home, AR
Violation Unlicensed activity
Action: $1000 Civil Penalty, plus court cost
Respondent: John A. Amaefula, Germantown, TN
Violation: Failure to timely comply with terms of consent order
Action: Automatic suspension until default is cured
Respondent: Donna Clark, Hendersonville, TN
Violation: Failure to timely comply with payment plan contained
Within consent order
Action: Automatic suspension until default is cured
Respondent: Frank J. Miles, Nashville, TN
Violation Advertising violation (Firm name and phone number not listed)
Action: $250 Civil Penalty
Respondent: Charles D. Pecka, Clarksville, TN
Violation Failure to exercise adequate supervision over the activities of
licensed affiliate broker
Failure to be loyal to the interest of the client
Action: $2000 Civil Penalty
Attend one regularly scheduled two-day commission meeting
Respondent: John D. Schiel, Nashville, TN
Violation Failure to timely complete required education
Action: $600 Civil Penalty
Respondent: Brittany Layne Shaw, Dayton, TN
Violation Failure to timely complete required education
Action: $600 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
Timothy Judkins Nashville, TN
Amy Robinson Murfreesboro, TN
Rodney Hess Cookeville, TN
Justin Hallum Lebanon, TN
Heather Herron Lake Placed, FL
Board of Funeral Directors and Embalmers
James William Ford, Jr. Nashville, TN
Board of Cosmetology
Kanika Martin Clarksville, TN
Brooke Anderson Foster Hermitage, TN
Pamela Bechtol Heiskell, TN
Misty Carr Knoxville, TN
Lisa Cash New Market, TN
Adrien Coleman Savannah, GA
Jessica Fisher Adairville, KY
Darnelius Floyd Louisville, MS
Lindsey Gatlin Franklin, TN
Christina Gibson Memphis, TN
Teandra Hollowell Memphis, TN
Jennilee Holt Dyer, TN
Kathryn Hopkins Murfreesboro, TN
Carolyn Johnson Morristown, TN
Tami O'Hara Chattanooga, TN
Shannon Schaal Knoxville, TN
Tara Smith Horn Lake, MS
Melissa Gabriesheski Lakeland, TN
Travonya Nash Oxford, MS
Kristi Newman Cordova, TN
Talunja Prophet Memphis, TN
Megan Talley Parrottsville, TN
Sonya Tomlin Columbia, TN
Eugene Barton Nashville, TN
T. Bigelow Hendersonville, TN
Tracy Boukari Southaven, MS
Blake Cantrell Mc Kenzie, TN
Cindy Dyer Powell, TN
Shirley Horton Jackson, TN
William Howard Ooltewah, TN
Cassandra Parker Chattanooga, TN
Sherida Spurlock Memphis, TN
Geology Registration Program
Pamela W. Cook Nashville, TN
Matthew T. Tucker Ewa, HI
Motor Vehicle Commission
Philden Cooper Rockwood, TN
Lee Davis Olive Branch, MS
Weston Dean Morristown, TN
Jeffrey Kimbro Thompson Station, TN
Anthony Osborne Chattanooga, TN
Amanda Posey Newport, TN
Myles Ross Knoxville, TN
Kathy Seals Whitesburg, TN
Anthony Stephens Newport, TN
Jerry Varnon Ringgold, GA
William Ventress Clarksville, TN
Mark Lancaster Hendersonville, TN
Brooks Harmon Dickson, TN
James Manyabo Nashville, TN
Ashley Ward Mascot, TN
Barry Bray Kodak, TN
Jessie Brewer Rockwood, TN
Gabriel Story Greeneville, TN
Private Protective Services
John Compton Sevierville, TN
Kevin Cry Cleveland, TN
Latash Pridgen Clarksville, TN
Lisa Ainsworth Clarksville, TN
Lisa Gonzales Lebanon, TN
Mark Freeman Shelbyville, TN
Tamara Wilson Memphis, TN
Twson Dryden Nashville, TN
Real Estate Appraisers
Michael Christopher Phillips Nashville, TN
Real Estate Commission
John A. Black Memphis, TN
Pamela Brady LaChapelle, Mt. Juliet, TN
Shajuan Marsha White Memphis, TN
Angela Jane Wolf Smyrna, 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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