Commerce and Insurance June Disciplinary Action Report
Thursday, July 12, 2012 | 06:22am
REGULATORY BOARDS DISCIPLINARY ACTION REPORT - JUNE
Alarm Systems Contractors Board
- Respondent:
- CFI Electrical, Inc., Medina, OH
- Violation:
- TCA 62-32-303(2) & 62-32-304(a) & (j) Unlicensed activity
- Action:
- $2,000 Civil Penalty and $1,880 in Costs
- Respondent:
- Mid-South Security Group, LLC, C-812, Cordova, TN
- Violation:
- TCA 62-32-312(a),(c), & (d) and Rule 0090-1-.05 Failure to register alarm employee within thirty(30) days
- Action:
- $1,500 Civil Penalty
- Respondent:
- North Main Audio Customs, Inc., Greenville, TN
- Violation:
- TCA 62-32-303(2), 62-32-304(a), (j) & (k) and Rules 0090-.04 & 0090-1-.07 Unlicensed activity
- Action:
- $500 Civil Penalty
- Respondent:
- James A. Blevins, QA-1171, Rossville, GA
- Violation:
- Rules 0090-01-.06(7) & (9)(k) Failure to submit termination notices within thirty (30) days
- Action:
- $50 Civil Penalty
- Respondent:
- Jason E. Cobb, QA-1218, Greer, SC
- Violation:
- Rules 0090-01-.06(7) & (9)(k) Failure to submit termination notices within thirty (30) days
- Action:
- $150 Civil Penalty
- Respondent:
- Cedric E. Divine,QA-407, Memphis, TN
- Violation:
- Rules 0090-01-.06(7) & (9)(k) Failure to submit termination notices within thirty (30) days
- Action:
- $50 Civil Penalty
Architectural and Engineering Examiners
- Respondent:
- Robert A. Walz, P.E. #19999 Shelby Township, MI
- Violation:
- Disciplined by other states
- Action:
- Revocation, $1,000 Civil Penalty and $440 in Costs
- Respondent:
- Jeffrey Blackledge, RA #23153, Germantown, TN
- Violation:
- Failed to pay the privilege tax for two years or more
- Action:
- $250 Civil Penalty and $200 in Costs
- Respondent:
- Terrence Henry Charles, RA #103929, Atlanta, GA
- Violation:
- Failed to pay the privilege tax for two years or more
- Action:
- $250 Civil Penalty and $200 in Costs
- Respondent:
- David W. Deloach, P.E. #110640, Charleston, SC
- Violation:
- Failed to pay the privilege tax for two years or more
- Action:
- $250 Civil Penalty and $200 in Costs
- Respondent:
- Jorge Londono, P.E. #22065, San Antonio, TX
- Violation:
- Failed to pay the privilege tax for two years or more
- Action:
- $250 Civil Penalty and $200 in Costs
Auctioneer Commission
- Respondent:
- Jewell D. Frame #6521, Manchester, TN
- Violation:
- Advertising violation of Rule 0160-01-.12(7) & 0160-01-.20(1)
- Action:
- $250 Civil Penalty
Barber Examiners Board
- Respondent:
- Fantastic Sam’s, Dickson, TN
- Violation:
- Expired shop license
- Action:
- $500 Civil Penalty
- Respondent:
- GG Salon, Nashville, TN
- Violation:
- Unlicensed individuals
- Action:
- $500 Civil Penalty
- Respondent:
- Memphis Academy of Barbering, Memphis, TN
- Violation:
- Consumer complaint
- Action:
- $3,000 Civil Penalty
Board of Accountancy
- Respondent:
- David W. Cannon, Olive Branch, MS
- Violation:
- Unlicensed Practice
- Action:
- $1,890 Civil Penalty
- Respondent:
- David B. Brand, Sacramento, CA
- Violation:
- Unlicensed Practice
- Action:
- $2,700 Civil Penalty
- Respondent:
- William L. King, Birmingham, AL
- Violation:
- Felony Conviction
- Action:
- Revocation
- Respondent:
- Paul Adams, Jr., Kingsport, TN
- Violation:
- Unlicensed Practice
- Action:
- $1,000 Civil Penalty
- Respondent:
- Brian K. Sellers, Gallion, AL
- Violation:
- Revocation of Alabama License; Expired Tennessee License
- Action:
- Revocation
- Respondent:
- Ted Lane Rutledge, Orlando, FL
- Violation:
- Failure to pay the professional privilege tax
- Action:
- $795 in Costs and Suspension of license
Board of Funeral Directors and Embalmers
- Respondent:
- Clark Funeral Chapel and Cremation Services, Inc., Kingsport, TN
- Violation:
- Failed to make available for inspection the current licenses of funeral directors and an embalmer, failed to make available for inspection a copy of the most current license of the crematory which the funeral home uses and failed to comply with multiple aspects of the Funeral Rule
- Action:
- $500 Civil Penalty
- Respondent:
- Dilday-Carter Funeral Home, Inc., Huntingdon, TN
- Violation:
- Unprofessional conduct (collected burial association assessments and refused to pay the policy benefit because the association member’s family used the services of another funeral home)
- Action:
- $250 Civil Penalty
- Respondent:
- Family Funeral Care, Memphis, TN
- Violation:
- Misleading advertising (failed to include an itemized listing of each and every item, procedure or service and the price of each item)
- Action:
- $750 Civil Penalty
- Respondent:
- Gardens of Memory Funeral Home-Cremation Services, McMinnville, TN
- Violation:
- Unprofessional Conduct (rude and unprofessional conduct of an employee) and unreasonably refusing to promptly surrender the custody of a dead human body upon the express order of the person lawfully entitled to the custody of the dead human body
- Action:
- $500 Civil Penalty
- Respondent:
- Michael Shane Hessey, Elkton, KY
- Violation:
- Unprofessional conduct (manager of an establishment that filed a certificate of death which contained the forgery of the Medical Examiner’s signature)
- Action:
- $500 Civil Penalty
- Respondent:
- Shannon Lee Hill, Pelham, TN
- Violation:
- Filed reports of apprenticeship training beyond the allotted time
- Action:
- Shall not receive credit for the time period(s) affected and shall serve the remaining amount of time necessary to complete training as required by law
- Respondent:
- Johnson-Coleman Funeral Home, Inc., Gallatin, TN
- Violation:
- Printed business cards for unlicensed individuals that either gave or tended to give the impression that the person was licensed to practice as a funeral director or an embalmer, failed to maintain a copy of the most current inspection report of the crematory which the funeral home uses and failed to comply with multiple aspects of the Funeral Rule
- Action:
- $750 Civil Penalty
- Respondent:
- Maley-Yarbrough Funeral Home, Inc., Covington, TN
- Violation:
- Unprofessional conduct (although contacted by the father of the decedent, made no attempt to properly ascertain the next of kin of the decedent and never allowed the father, the next of kin of equal standing, to participate in the funeral arrangements)
- Action:
- $1,000 Civil Penalty
- Respondent:
- Memorial Funeral Chapel, Elizabethton, TN
- Violation:
- Unprofessional conduct (inappropriately delivered the cremated remains of an individual to the wrong family)
- Action:
- $1,000 Civil Penalty
- Respondent:
- Nelson & Sons Memorial Chapel, LLC, Shelbyville, TN
- Violation:
- Website contained photographs and listings of unlicensed individuals that either gave or tended to give the impression that these individuals were licensed funeral directors or embalmers, failed to maintain a copy of the most current inspection report of the crematory which the funeral homes uses and failed to comply with multiple aspects of the Funeral Rule
- Action:
- $500 Civil Penalty
- Respondent:
- Williamson Memorial Funeral Home, LLC, Franklin, TN
- Violation:
- An employee solicited a dead human body when death was imminent (licensed funeral director handed out funeral home business cards to a family in the intensive care unit of a hospital and made multiple calls to the next of kin soliciting the family’s business after the individual’s death)
- Action:
- $500 Civil Penalty
Burial Services
- Respondent:
- Beautiful Greenwood Cemetery, LLC, Chattanooga, TN
- Violation:
- Failed on numerous occasions to make deposits into the trust funds within the time allotted by law
- Action:
- $2,000 Civil Penalty
- Respondent:
- Steven Ronald Brown, Cookeville, TN
- Violation:
- Placed brochures in a public place offering preneed funeral contracts without being registered as a preneed sales agent
- Action:
- $500 Civil Penalty
- Respondent:
- Coffey Funeral Home, Tazewell, TN
- Violation:
- Provided discounts on preneed funeral accounts
- Action:
- $500 Civil Penalty
- Respondent:
- Crestview Funeral Home, Memory Gardens & Cremation, Gallatin, TN
- Violation:
- Failed to install a monument and failed on numerous occasions to make deposits into the trust funds within the time allotted by law
- Action:
- $2,000 Civil Penalty
- Respondent:
- Dennis Allen Ducharme, Lexington, KY
- Violation:
- Sold preneed funeral contracts without being registered as a preneed sales agent
- Action:
- $300 Civil Penalty
- Respondent:
- Henry Smith Funeral Home, Clarksville, TN
- Violation:
- Used a preneed funeral contract that had neither been submitted to nor approved by the Commissioner, sold a preneed funeral contract without being registered as a preneed seller, an employee sold preneed funeral contracts without being registered as a preneed sales agent, failed to deposit preneed funds into trust and failed to maintain sufficient records regarding preneed funeral consumer protection fees owed to the Department
- Action:
- $2,000 Civil Penalty
- Respondent:
- Johnson’s House of Atena, Nashville, TN
- Violation:
- Failed to refund excess funds in the preneed funeral trust or prearrangement insurance policy to the purchaser, the purchaser’s estate or otherwise named beneficiary and failed to file annual reports on numerous occasions
- Action:
- $500 Civil Penalty
- Respondent:
- Memphis Memory Gardens, Memphis, TN
- Violation:
- Denied the use of outer burial containers that met the rules and regulations of the cemetery which were purchased from an outside source by a lot owner, or the owner’s representative, agent or heirs or assigns
- Action:
- $1,000 Civil Penalty
- Respondent:
- Morgan Memorial Gardens, Inc., Wartburg, TN
- Violation:
- Failed to retain sales contract, failed carry fidelity bond coverage for officers and employees who handle money and securities, failed to make deposits into the trust fund within the time allotted by law and failed to retain an active corporate status with the Secretary of State
- Action:
- $750 Civil Penalty
- Respondent:
- R. S. Lewis & Sons Funeral Home, Memphis, TN
- Violation:
- Employees sold preneed funeral contracts without being registered as preneed sales agents, failed on numerous occasions to submit prearranged insurance applications within the time allotted by law and failed to file annual reports
- Action:
- $2,000 Civil Penalty
- Respondent:
- Smoky Mountain Memory Gardens, LLC, Pigeon Forge, TN
- Violation:
- Failed to deposit funds into trust within the time allotted by law and failed to correctly complete annual report
- Action:
- $500 Civil Penalty
- Respondent:
- Stubblefield Funeral Home, Morristown, TN
- Violation:
- Provided discounts on preneed funeral accounts
- Action:
- $1,600 Civil Penalty
- Respondent:
- Western Cemetery, Inc., Coalfield, TN
- Violation:
- Failed to carry fidelity bond coverage for officers and employees who handle money and securities, omitted specific language required in all contracts for interment sites and failed to deposit funds into trust within the days allotted by law
- Action:
- $450 Civil Penalty
- Respondent:
- Woodhaven Funeral Home & Memorial Gardens, Powell, TN
- Violation:
- Sold an interment site or interment right that the cemetery or cemetery operator knew or should have known had been purchased previously by another consumer
- Action:
- $500 Civil Penalty
- Respondent:
- Woodlawn-Roesch-Patton Funeral Home, Nashville, TN
- Violation:
- Provided discounts on preneed funeral contracts
- Action:
- $1,400 Civil Penalty
Board for Licensing Contractors
- Respondent:
- Appleby’s Painting, Lebanon TN
- Violation:
- Unlicensed Activity
- Action:
- $5,000 Civil Penalty
- Respondent:
- Curd Construction, Gallatin, TN
- Violation:
- Misconduct
- Action:
- $2,000 Civil Penalty
- Respondent:
- Joey Dorris, Springfield, TN
- Violation:
- Unlicensed Activity
- Action:
- $500 Civil Penalty
- Respondent:
- Southland Roofing LLC, Memphis, TN
- Violation:
- Unlicensed Activity
- Action:
- $2,000 Civil Penalty
Cosmetology Board
- Respondent:
- Beautiful Nails, Memphis, TN
- Violation:
- Sanitation, sterilization, expired shop license, unlicensed individuals
- Action:
- $1,000 Civil Penalty
- Respondent:
- Beautiful Nails, Memphis, TN
- Violation:
- Sanitation and unlicensed individual, expired license
- Action:
- $500 Civil Penalty
- Respondent:
- Beautiful Nails, Memphis, TN
- Violation:
- Sanitation of the shop
- Action:
- $250 Civil Penalty
- Respondent:
- Beauty Xpress, Chattanooga, TN
- Violation:
- Pedi spa chair exceptionally dirty
- Action:
- $1,000 Civil Penalty
- Respondent:
- Cali Nails, Tullahoma, TN
- Violation:
- Id tags, unlicensed person, sterilization and sanitation of the shop
- Action:
- $500 Civil Penalty
- Respondent:
- Coumba’s African Hair Braiding, Nashville, TN
- Violation:
- Unlicensed individuals
- Action:
- $500 Civil Penalty
- Respondent:
- D & D Nail Spa, Smyrna, TN
- Violation:
- Waxing in a manicurist shop, and sterilization
- Action:
- $1,000 Civil Penalty
- Respondent:
- Da-Vi Nails, Hendersonville, TN
- Violation:
- Unlicensed individual
- Action:
- $500 Civil Penalty
- Respondent:
- Elysian Nails Spa, Smyrna, TN
- Violation:
- Unlicensed individual, id tags, washer and dryer
- Action:
- $500 Civil Penalty
- Respondent:
- Geneses Hair Design, Hendersonville, TN
- Violation:
- Sanitation and sterilization
- Action:
- $500 Civil Penalty
- Respondent:
- Gio’s Salon, Antioch, TN
- Violation:
- Sanitation and sterilization
- Action:
- $500 Civil Penalty
- Respondent:
- Hair Pavillion, Nashville, TN
- Violation:
- Expired license, license not posted
- Action:
- $1,000 Civil Penalty
- Respondent:
- Hollywood Nails, Cleveland, TN
- Violation:
- Unlicensed individuals, MMA present in shop
- Action:
- $500 Civil Penalty
- Respondent:
- L & B Nails, Dickson, TN
- Violation:
- Unlicensed individual
- Action:
- $500 Civil Penalty
- Respondent:
- Michelle’s Salon, Memphis, TN
- Violation:
- Unlicensed shop
- Action:
- $500 Civil Penalty
- Respondent:
- Nail Bar on the Island, Memphis, TN
- Violation:
- Unlicensed individual
- Action:
- $500 Civil Penalty
- Respondent:
- Nail Arts, Smyrna, TN
- Violation:
- Id tags, sanitation and sterilization
- Action:
- $1,000 Civil Penalty
- Respondent:
- Nail Express, Nashville, TN
- Violation:
- Expired shop license
- Action:
- $1,500 Civil Penalty
- Respondent:
- Nail Time, Clarksville, TN
- Violation:
- Unlicensed individual, sanitation and sterilization
- Action:
- $1,000 Civil Penalty
- Respondent:
- Nails & Wax, Maryville, TN
- Violation:
- Unlicensed individual
- Action:
- $500 Civil Penalty
- Respondent:
- Nails 88, Clarksville, TN
- Violation:
- Unlicensed individual
- Action:
- $1,000 Civil Penalty
- Respondent:
- Natural Nails & Spa, Lafollette, TN
- Violation:
- Waxing in shop, expired cosmetologist license
- Action:
- $500 Civil Penalty
- Respondent:
- Sue’s Cuts Unlimited, Crossville, TN
- Violation:
- Expired shop license
- Action:
- $1,000 Civil Penalty
- Respondent:
- The Ultimate Image Salon & Tanning, Joelton, TN
- Violation:
- Did not submit change of location application to board
- Action:
- $500 Civil Penalty
- Respondent:
- Venetian Nail Spa, Hendersonville, TN
- Violation:
- License not posted, id tags, sanitation and sterilization
- Action:
- $5,000 Civil Penalty
Motor Vehicle Commission
- Respondent:
- Rusty Wallace Cadillac-GMC-Kia, Morristown, TN
- Violation:
- Advertising Violation
- Action:
- $1,000 Civil Penalty
Private Investigation and Polygraph Commission
- Respondent:
- Jeffrey Thomas Morrill, PI-955, Cartersville, GA
- Violation:
- TCA 62-26-204(a) Unlicensed
- Action:
- $1,000 Civil Penalty
Private Protective Security Services
- Respondent:
- Melvin L. Hull, AG-321887, Memphis, TN
- Violation:
- TCA 62-35-104, 62-35-115(a), 62-35-130(a) & Rule 0780-5-.08(2) Unlicensed activity
- Action:
- $1,000 Civil Penalty
- Respondent:
- Delissa J. Jordan, AG-602137, Memphis, TN
- Violation:
- TCA 62-35-117(5) & (7) & 62-35-130(1) & (6) Failure to notify of arrest within thirty (30) days and engaged in unprofessional conduct
- Action:
- Suspension
- Respondent:
- Tullis A. Martin, UG-414199, Chattanooga, TN
- Violation:
- TCA 62-35-117(5) & (7), 62-35-120(b) & 62-35-130(1) & (6) Failureto notify of arrest within thirty (30) days and engaged in unprofessional conduct
- Action:
- Suspension
Real Estate Appraisers
- Respondent:
- Jim Pemberton, Knoxville, TN
- Violation:
- Neighborhood, condition of improvements and adjustments in the sales comparison approach not adequately summarized in the appraisal report
- Action:
- A fifteen (15) hour Residential Report Writing course
Real Estate Commission
- Respondent:
- Ronald Rozell Davis, Memphis, TN
- Violation:
- Violation of TCA 62-13-312(b)(1), (14) and (20), TCA 62-13-303(a)(1) and Rule 1260-02-.32(1)
- Action:
- $3,000 Civil Penalty and $2,190 in Costs and complete all outstanding education requirements for license renewal, obtain current errors and omissions policy, re-affiliate with a principal broker, complete four (4) additional hours of education in ethics -- all to be paid and completed by June 18, 2012 or Respondent’s license shall be immediately permanently revoked and Respondent will be required to pay civil penalty and court costs after such revocation
- Respondent:
- Greenline Real Estate Co., Nashville, TN
- Violation:
- Escrow account violation
- Action:
- $250 Civil Penalty
- Respondent:
- Steven D. McBay, Harriman, TN
- Violation:
- Failure to supervise activities of affiliate broker
- Action:
- $500 Civil Penalty
- Respondent:
- Connie McCormick, Cookeville, TN
- Violation:
- Failure to timely complete required education
- Action: $600 Civil Penalty
- Respondent:
- Donald R. Pass, Harriman, TN
- Violation:
- Making any substantial and willful misrepresentation; failure to timely account for or to remit moneys belonging to others; and failure to be loyal to the interests of the client
- Action:
- $1,500 Civil Penalty
- Respondent:
- John Tracy Pirtle, Brentwood, TN
- Violation:
- Failure to timely complete administrative measures
- Action:
- $250 Civil Penalty
- Respondent:
- Tammy C. Simmons, Murfreesboro, TN
- Violation:
- Failure to timely complete administrative measures
- Action:
- $250 Civil Penalty
- Respondent:
- Jeremy Chad Smotherman, Christiana, TN
- Violation:
- Failure to timely notify commission of criminal conviction
- Action:
- Revocation
- Respondent:
- Stonegate Realty, Spring Hill, TN
- Violation:
- Escrow account violation
- Action:
- 250 Civil Penalty
- Respondent:
- Twin Team Properties, LLC, Mt. Juliet, TN
- Violation:
- Escrow account violation
- Action:
- 250 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)