August 2012 TDCI Regulatory Boards Disciplinary Actions Report
Commerce and Insurance’s Division of Regulatory Boards issue a disciplinary actions report each month. Each board and commission is empowered by statute to take disciplinary action, including 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, verify.tn.gov, can be useful tools for Tennesseans looking to do business with licensed professionals.
Alarm Systems Contractors Board
Respondent: Ricky L. Barton, RE-18675, Milan, TN
Violation: TCA 62-32-303(2) & 62-32-304(a), (j) & (k) Unlicensed activity
Action: $500 Civil Penalty
Respondent: Johnnie B. Bradley, QA-1124, Adams, TN
Violation: 62-32-319(B)(2) & (7), Admin Rule 0090-01-.06(7), (8), (9)(e),(g)&(k) Failure to register alarm employees within thirty (30) days
Action: $2,200 Civil Penalty and $810 Investigatory and Hearing Costs
Respondent: Barry E. Castello, QA-1185, Chattanooga, TN
Violation: Admin Rule 0090-01-.06(7), (9) (k) Failure to submit termination notices within thirty (30) days
Action: $100 Civil Penalty
Respondent: Stuart E. Longstreet, QA-1547, Grandville, MI
Violation: Admin Rule 0090-01-.06 (7) & (9)(k) Failure to submit termination notice within thirty (30) days
Action: $50 Civil Penalty
Respondent: Laura A. Szmurlo, QA-1540, Wilkes Barre, PA
Violation: Admin Rule 0090-01.14 Failure to submit a response to the complaint within thirty (30) days
Action: $100 Civil Penalty
Architectural and Engineering Examiners
Respondent: John H. Comperry, RA #21752
Violation: Sealed plans not prepared by respondent
Action: $4,000 Civil Penalty and required to take and pass the Board’s Law and Rules Exam
Respondent: John Franklin Germ, P.E. #8589
Violation: Disciplined by other states
Action: $1,000 Civil Penalty and $200 in Costs
Respondent: Albert Paul Hermans, P.E. #111471
Violation: Disciplined by other states
Action: $250 Civil Penalty and $200 in Costs, one year suspension and required to take and pass the Board’s Law and Rules Exam
Respondent: Kevin Laurence Wallace, RA #102844
Violation: Failed to pay the privilege tax for two years or more
Action: $250 Civil Penalty and $200 in Costs
Respondent: James Michael Witten, RA #103331
Violation: Failed to pay the privilege tax for two years or more
Action: $250 Civil Penalty and $200 in Costs
Auctioneer Commission
Respondent: Derek Gerstenschlager
Violation: Violation of TCA 62-19-112
Action: $1,000 Civil Penalty
Barber Examiners Board
Respondent: A Cut Above the Rest, Memphis, TN
Violation: Expired shop license
Action: $500 Civil Penalty
Respondent: Jett Barber College, Memphis, TN
Violation: License not posted
Action: $500 Civil Penalty
Respondent: Masters on Clarksville Hwy, Nashville, TN
Violation: Sanitation and sterilization of the shop
Action: $1,000 Civil Penalty
Respondent: Platinum Clippers, Memphis, TN
Violation: Shop license expired, license not posted
Action: $3,000 Civil Penalty
Respondent: Pyramid Barber School, Memphis, TN
Violation: No instructor
Action: $500 Civil Penalty
Respondent: That Hair Place, Gallatin, TN
Violation: No shop license
Action: $250 Civil Penalty
Board of Accountancy
Respondent: James B. Ford, Brentwood, TN
Violation: Unlicensed Practice
Action: $500 Civil Penalty
Respondent: Ericka Hayes, Antioch, TN
Violation: Unlicensed Practice
Action: $1,000 Civil Penalty
Respondent: Edgar H. Gee, Jr., Knoxville, TN
Violation: Failure to File Personal Tax Returns; Barred from Practicing before IRS
Action: $500 Civil Penalty, Probation
Respondent: Ward’s Accounting Service, Ripley, TN
Violation: Unlicensed Practice
Action: $1,000 Civil Penalty; Must Remove the Word “Accounting” from All Signage
Respondent: C. Michael Adams, Jr., Memphis, TN
Violation: Unlicensed Practice
Action: $1,000 Civil Penalty; Must Reinstate License
Respondent: David H. Burkett, Duluth, GA
Violation: Failure to File Personal Tax Returns
Action: $1,100 Civil Penalty
Respondent: Robert H. Hankins, Jr., CPA, Spring Hill, TN
Violation: Providing Services with Expired Firm Permit
Action: $500 Civil Penalty
Respondent: Edwin P. Osborne, Morristown, TN
Violation: Providing Services with Expired Firm Permit, Practicing with an Expired CPA License, Failure to Obtain Peer Review
Action: $4,000 Civil Penalty, Revocation of CPA License and Firm Permit
Respondent: Wanda Smithson, Leoma, TN
Violation: Providing Services with a Revoked License
Action: $2,500 Civil Penalty and $1,918.58 in Costs
Respondent: Lisa Unge, Nashville, TN
Violation: Providing Services without a License
Action: $1,000 Civil Penalty and $790.00 in Costs
Board of Funeral Directors and Embalmers
Respondent: Akins Funeral Home, Inc., Copperhill, TN
Violation: Failed to obtain and maintain a copy of the crematory’s current license and the latest regularly scheduled inspection results that the funeral home uses
Action: $250 Civil Penalty
Respondent: George M. Baker, Jr., Madison, TN
Violation: Immoral or unprofessional conduct (altered the beneficiary of an insurance policy) and misrepresentation or fraud in the conduct of the business of the funeral establishment
Action: $1,000 Civil Penalty
Respondent: Michelle G. Curtis, Nashville, TN
Violation: Engaged in the practice of funeral directing without being licensed as a funeral director and allowed her name and title of “funeral director apprentice” to be placed in a funeral program when her apprentice registration was no longer valid
Action: $500 Civil Penalty
Respondent: Holmes Funeral Home, Nashville, TN
Violation: Failed to clean and sanitize all surfaces, instruments, tables, fixtures and equipment and properly dispose of all waste, failed to maintain the preparation room in an orderly manner, free from all clutter, failed to keep public areas in a good state of repair, failed to obtain and maintain a copy of the crematory’s current license and the latest regularly scheduled inspection results that the funeral home uses and failed to comply with multiple aspects of the Funeral Rule
Action: $500 Civil Penalty
Respondent: Resthaven Funeral Home & Cremation Services, Clarksville, TN
Violation: Immoral or unprofessional conduct (establishment filed a certificate of death which contained forgery of the Medical Examiner’s signature)
Action: $1,000 Civil Penalty
Respondent: Scales Funeral Home, Inc., Nashville, TN
Violation: Failed to obtain and maintain a copy of the crematory’s current license and the latest regularly scheduled inspection results that the funeral home uses, failed to distinguish between licensed and non-licensed individuals on business cards and web site, failed to clean and sanitize all surfaces, instruments, tables, fixtures and equipment and properly dispose of all waste, failed to maintain the preparation room in an orderly manner, free from all clutter and failed to comply with aspects of the Funeral Rule
Action: $500 Civil Penalty
Respondent: Valley Funeral Home, Erwin, TN
Violation: Cremation authorization forms lacked the correct name, address and telephone number of the crematory used by the funeral home
Action: $1,400 Civil Penalty
Board For Licensing Contractors
Respondent: Imperial Builders Inc., Hendersonville, TN
Violation: Exceeding Limit
Action: $1,000 Civil Penalty
Burial Services
Respondent: Ann Smith’s Florist, Inc., D/B/A Ann Smith’s Florist and Casket, Nashville, TN
Violation: Entered into a preneed funeral contract without being registered as a preneed seller or preneed sales agent, used a contract that had not been submitted nor approved by the Commissioner and failed to establish a preneed funeral trust fund
Action: $250 Civil Penalty
Respondent: Greenelawn Memory Gardens, Inc., Greeneville, TN
Violation: Failed to make multiple deposits to trust funds within the time allotted by law, omitted required language on the purchase contract and filed an annual report that was not properly completed
Action: $2,250 Civil Penalty
Respondent: Regions Bank, Houston, TX
Violation: Improperly invaded the principal of multiple cemetery trust accounts
Action: $1,500 Civil Penalty
Cosmetology Board
Respondent: Alondra Hair Studio, Nashville, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Angle Nails, Kingston, TN
Violation: Unlicensed individuals
Action: $2,000 Civil Penalty
Respondent: Cali Nails, Tullahoma, TN
Violation: Unlicensed individual, dirty drill bits, dirty towels left out in the open, no id tags
Action: $1,000 Civil Penalty
Respondent: Brow Art 23, Memphis, TN
Violation: Unlicensed individual
Action: $1,000 Civil Penalty
Respondent: Brow Art 23, Memphis, TN
Violation: Unlicensed individual
Action: $2,000 Civil Penalty
Respondent: Brow Art 23, Memphis, TN
Violation: Unlicensed individual
Action: $2,000 Civil Penalty
Respondent: Elite Nails, Clarksville, TN
Violation: Unlicensed individuals
Action: $500 Civil Penalty
Respondent: Englands Hair Salon, Madison, TN
Violation: Expired license
Action: $500 Civil Penalty
Respondent: Excellent Nails, Memphis, TN
Violation: Waxing in a manicurist shop, no id tags
Action: $750 Civil Penalty
Respondent: Eyes On You Next Generation, Murfreesboro, TN
Violation: Expired shop and expired cosmetologist license
Action: $500 Civil Penalty
Respondent: Fancy Nails, Clarksville, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Five Star Nails, Decherd, TN
Violation: Waxing in shop
Action: $1,000 Civil Penalty
Respondent: Hair On The Square, Hartsville, TN
Violation: No id tags
Action: $500 Civil Penalty
Respondent: Hollywood Nails, Clarksville, TN
Violation: Unlicensed individual
Action: $750 Civil Penalty
Respondent: I Nail Salon, Memphis, TN
Violation: Expired license, and dog in shop
Action: $250 Civil Penalty
Respondent: Kine Braids, Nashville, TN
Violation: Unlicensed individuals
Action: $2,500 Civil Penalty
Respondent: Laura Nails, Hixson, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Le Nails, Chattanooga, TN
Violation: Unlicensed individual
Action: $2,000 Civil Penalty
Respondent: Lorena’s Beauty Salon, Nashville, TN
Violation: Expired license
Action: $500 Civil Penalty
Respondent: Magic Nails, Memphis, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Model Nails, Bristol, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Nail Avenue, Franklin, TN
Violation: Sanitation, sterilization of the shop, waxing in the shop
Action: $500 Civil Penalty
Respondent: Nail Envy, Portland, TN
Violation: Expired license, waxing in the shop
Action: $1,000 Civil Penalty
Respondent: Nail Envy, Portland, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Nail 1st, Smyrna, TN
Violation: Waxing in the shop
Action: $500 Civil Penalty
Respondent: Nail & Spa, Alcoa, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Nail Zone, White House, TN
Violation: License not posted, unlicensed individuals, no id tags, wax machine in the shop, sterilization of the tools
Action: $2,000 Civil Penalty
Respondent: Nails Desire, Kingsport, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Ocean Nails & Spa, Chattanooga, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Ocean Nails & Spa, Chattanooga, TN
Violation: MMA in the shop
Action: $500 Civil Penalty
Respondent: Perfect Brow Art Inc., Goodlettsville, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Perfect Nails, Morristown, TN
Violation: Unlicensed individual
Action: $750 Civil Penalty
Respondent: Rose Nails, Dyersburg, TN
Violation: Unlicensed individual
Action: $3,000 Civil Penalty
Respondent: Saxxy Salon, Nashville, TN
Violation: Expired licenses
Action: $500 Civil Penalty
Respondent: Spazzi Nails, Sevierville, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: Spring Hill Nail Spa, Spring Hill, TN
Violation: Unlicensed individuals
Action: $750 Civil Penalty
Respondent: T.G. Hair & Styles, Gallatin, TN
Violation: Expired shop license
Action: $500 Civil Penalty
Respondent: The Salon at Bear Cove Falls, Pigeon Forge, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Respondent: The Studio, Springfield, TN
Violation: No shop license
Action: $250 Civil Penalty
Respondent: Ultimate Nails, Gallatin, TN
Violation: Unlicensed individual
Action: $1,000 Civil Penalty
Respondent: U.S. Nails, Bristol, TN
Violation: Unlicensed individual
Action: $500 Civil Penalty
Motor Vehicle Commission
Respondent: Mountain Auto, Crossville, TN
Violation: Temporary Tag Log
Action: $500 Civil Penalty
Respondent: Jowhar Auto Sales, Nashville, TN
Violation: Business Hours, Temporary Tag Log, Business Records
Action: $1,000 Civil Penalty
Respondent: Carmart South, Knoxville, TN
Violation: Temporary Tag Log
Action: $5,000 Civil Penalty
Respondent: Purdy’s Service Center & Used Cars, Sweetwater, TN
Violation: Temporary Tag Log
Action: $8,000 Civil Penalty
Respondent: Extreme Equipment & Towing, Madisonville, TN
Violation: Issuing More Than Two Temporary Tags
Action: $1,500 Civil Penalty
Respondent: Auto Locators, Louisville, TN
Violation: Issuing More Than Two Temporary Tags
Action: $500 Civil Penalty
Respondent: Harper Auto Sales, LLC, Chattanooga, TN
Violation: False Tag & Failure to Produce Log for Investigator
Action: $1,000 Civil Penalty
Respondent: Tn Imports, Nashville, TN
Violation: Unlicensed Activity, Unlicensed Salespeople, Misuse of Tags
Action: $39,000 Civil Penalty
Respondent: Performance Toyota, Memphis, TN
Violation: Temporary Tag Violation
Action: $3,000 Civil Penalty
Respondent: Rent To Own Cars & Sales Group, Inc., Chattanooga, TN
Violation: Temporary Tag Log/City and County Business Tax License
Action: $2,000 Civil Penalty
Respondent: King Automotive, Ashland City, TN
Violation: Unlicensed Salesperson
Action: $500 Civil Penalty
Respondent: G & G Auto Parts, Morristown, TN
Violation: Insurance
Action: $250 Civil Penalty
Respondent: Harbert Hills Used Cars/Body Shop, Savannah, TN
Violation: Business License
Action: $250 Civil Penalty
Respondent: Greene’s Motors, Sparta, TN
Violation: Business Hours Not Posted
Action: $250 Civil Penalty
Respondent: Lindsay’s Auto Sales, Knoxville, TN
Violation: Open Title
Action: $500 Civil Penalty
Respondent: Ramsey’s Auto Salvage, Leoma, TN
Violation: Business License
Action: $250 Civil Penalty
Respondent: Steve’s Body Shop Used Cars, Lexington, TN
Violation: Business License
Action: $250 Civil Penalty
Respondent: Military Auto Sales, Clarksville, TN
Violation: Temporary Tag Log
Action: $500 Civil Penalty
Private Protective Security Services
Respondent: Drakes Creek Marina Works
Violation: TCA 62-35-123(a) Unlicensed activity
Action: $100 Civil Penalty
Respondent: Gary W. Evans, AG-609026, Hixson, TN
Violation: TCA 62-35-120(b) Failure to notify of arrest within thirty (30) days
Action: $50 Civil Penalty
Real Estate Commission
Respondent: Larry W. Chappell, Clarksville, TN
Violation: Escrow account violation
Failure to timely account for monies belonging to others
Action: $5,000 Civil Penalty
Respondent: Chappell & Associates Property Mgmt., LLC Clarksville, TN
Failure to timely account for monies belonging to others
Violation: Escrow account violation
Action: $4,000 Civil Penalty
Respondent: Clay Garrett Hixson, Johnson City, TN
Violation: Operating unlicensed property management company
Action: $1,000 Civil Penalty and required to attend a two day TREC meeting
Respondent: Cheri Marshall, Nashville, TN
Violation: Failure to maintain E&O insurance
Action: $1,217.50 Civil Penalty
Respondent: Cleotries A. Ruben, Memphis, TN
Violation: Failure to timely account for monies belonging to others
Failure to timely respond to a complaint filed with the Commission
Action: $1,500 Civil Penalty and required to attend a two day TREC meeting
Respondent: Deirdre “Dee” N. Russell, Brentwood, TN
Violation: Operating unlicensed property management company
Failure to timely account for monies belonging to others
Action: $1,500 Civil Penalty and required to attend a two day TREC meeting
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)