Regulatory Boards Disciplinary Action Report for February 2014
ACCOUNTANCY
Respondent: Stanley H. Pickering, II, Knoxville, TN
Violation: Breach of his fiduciary responsibilities given that he failed to discharge his duties as executor of a decedent’s estate competently or in a timely fashion. In this complaint, Respondent issued several insufficient funds checks to state and federal taxing authorities; paid himself an executor’s fee unauthorized by the Court and unknown to the heirs; and caused the estate to incur unnecessary attorney fees, and interest and penalties to the IRS and Tennessee Department of Revenue.
Action: $5,000 civil penalty, $200 in investigatory and hearing costs, CPA License 4730 and Firm Permit 2846 placed on two (2) years of probation.
Alarm Systems Contractors Board
Respondent: Lathron D. Smith, Memphis, TN QA-1600
Violation: Failure to submit termination notice within thirty (30) days
Action: $50 Civil Penalty
Respondent: Shari D. Wilson, Wichita, KS, QA-1263
Violation: Failure to submit termination notices within thirty (30) days
Action: $150 Civil Penalty
Architectural and Engineering Examiners
Respondent: John W. Endsley, R.A. #15978, Knoxville, TN
Violation: Submitted a competitive bid for a public project in violation of Rule 0120-02-.02(6) and T.C.A. § 12-4-107(a).
Action: $500 Civil Penalty; must take and pass the Board’s law and rules exam
Respondent: Nova Engineering & Environmental, LLC, Engineering Firm #5242, Kennesaw, GA
Violation: Submitted a competitive bid for a public project in violation of Rule 0120-02-.02(6) and T.C.A. § 12-4-107(a)
Action: $500 Civil Penalty; must take and pass the Board’s law and rules exam
AUCTIONEER
Respondent: Tyler Brothers Farm, Maryville, TN
Violation: Unlicensed activity – auctioning vehicles without a public auto auction license
Action: $1500
Respondent: Blevin’s Auc. Co., Elizabethton, TN
Violation: Advertising did not include auction firm name
Action: $500
Barber Board
Respondent: Kim’s Classic Cuts, Clarksville, TN
Violation: Unlicensed activity
Action: $500.00 Civil Penalty
Respondent: Larry H. Andrews, Memphis, TN
Violation: Unprofessional conduct
Action: $1000.00 Civil Penalty & revocation of Master Barber’s License
Respondent: Dejuan L. Whitemore, Memphis, TN
Violation: Unprofessional conduct
Action: $1000.00 Civil Penalty & revocation of Master Barber’s License
Respondent: Dorothea Finnie, Somerville, TN
Violation: Unprofessional conduct
Action: $1000.00 Civil Penalty & revocation of Master Barber’s License
Respondent: Tracey S. Soloman, Memphis, TN
Violation: Unprofessional conduct
Action: $1000.00 Civil Penalty & revocation of Master Barber’s License
Respondent: Linnel Carl Graham, Cordova, TN
Violation: Unprofessional conduct
Action: $1000.00 Civil Penalty & revocation of Master Barber’s License
Respondent: Thomas Earl Anderson, Jr., Memphis, TN
Violation: Unprofessional conduct
Action: $1000.00 Civil Penalty & revocation of Master Barber’s License
Respondent: Terrence C. Thomas, Memphis, TN
Violation: Unprofessional conduct
Action: $1000.00 Civil Penalty & revocation of Master Barber’s License
Respondent: Mekiel Garvin, Memphis, TN
Violation: Unprofessional conduct
Action: $1000.00 Civil Penalty & revocation of Master Barber’s License
Board of Funeral Directors and Embalmers
Respondent: Collierville Funeral Home, Collierville, TN
Violation: An individual whose funeral director license was expired acted in the capacity of a funeral director on behalf of the establishment
Action: $250 Civil Penalty
Respondent: Memphis Funeral Home and Memorial Gardens, Memphis, TN
Violation: An individual whose funeral director license was expired acted in the capacity of a funeral director on behalf of the establishment
Action: $250 Civil Penalty
Respondent: David W. Murphy, Martin, TN
Violation: Practiced funeral directing and acted as an establishment manager while funeral director license was expired
Action: $250 Civil Penalty
Respondent: David W. Murphy, Martin, TN
Violation: Practiced embalming while embalmer license was expired
Action: $250 Civil Penalty
Respondent: Murphy Funeral Home, Inc., Martin, TN
Violation: An individual whose funeral director and embalmer licenses were expired acted in the capacity of a funeral director, firm manager, and an embalmer on behalf of the establishment
Action: $700 Civil Penalty
Respondent: Patton Funeral Home, Cleveland, TN
Violation: Failure to keep all surfaces, instruments, tables, fixtures and equipment in the preparation room cleaned and sanitized and all waste and soiled clothing properly disposed of, caskets failed to bear concise wording in a conspicuous location describing the material of which the receptacle is manufactured, and failed to comply with multiple aspects of the Funeral Rule
Action: $250 Civil Penalty
Respondent: Spring Hill Funeral Home & Cemetery, Nashville, TN
Violation: An individual whose funeral director and embalmer licenses were expired acted in the capacity of a funeral director and firm manager on behalf of the establishment
Action: $350 Civil Penalty
Board for Licensing Contractors
Respondent: Harris & Swicegood, Inc., Knoxville, TN
Violation: Unlicensed Activity
Action: $1000 Civil Penalty
Respondent: Sustainable Building, LLC d/b/a A Better Building TN, Nashville, TN
Violation: Failure to disclose complaints & judgment on 3rd licensed application
Action: $1000 Civil Penalty
Respondent: All Pro Electrical Contractors Inc., Vonore, TN
Violation: Unlicensed Activity
Action: $1000 Civil Penalty
Respondent: Reynaldo Carrillo Construction, Mount Juliet, TN
Violation: Exceeding Monetary Limit
Action: $1000 Civil Penalty
Respondent: David L. Ross Construction, Indian Mound, TN
Violation: Unlicensed Activity
Action: $2500 Civil Penalty
Respondent: Roe Messner & Associates, Inc., Concord, TN
Violation: Unlicensed Activity
Action: $5000 Civil Penalty
Respondent: Straightway Enterprises, LLC, Nolensville, TN
Violation: Failure to respond to complaint
Action: $250.00 Civil Penalty
Respondent: Robert R. Martin, Knoxville, TN
Violation: Allowing use of licenses
Action: $1000 Civil Penalty
Burial Services
Respondent: Cremation Society of Tennessee, LLC, Columbia, TN
Violation: Failed to file a properly completed annual report, failed to remit required consumer protection fees, and failed to pay an invoice for an examination by the regulatory authority
Action: $1,250 Civil Penalty
Respondent: Vickie L. Ringley, individually, and d/b/a Hawkins County Memorial Gardens, Surgoinsville, TN
Violation: Cemetery registration expired, failed to establish and make required deposits to a merchandise and services trust fund, failed to show compliance or intent to comply with the statutory requirements for operation of a cemetery, failure to protect trust funds of customers, betrayed customers’ confidence and jeopardized their ability to properly bury and memorialize their loved ones, admitted to conversion of customers’ funds to her own personal use which has manifested into actual harm to consumers
Action: Summary suspension of cemetery registration and respondents shall immediately cease and desist from any further operation of the cemetery pending the outcome of formal proceedings
Respondent: Regions Bank, Fayetteville, TN
Violation: Failure to file multiple annual trustee reports
Action: $500 Civil Penalty
COLLECTION SERVICES
Respondent: Rialto Capital Advisors of New York, LLC, New York, NY
Violation: Unlicensed activity
Action: Consent Order with Civil Penalty ($7,000.00 total for all 3 agencies)
Respondent: RL BB Financial, LLC (NY), New York, NY
Violation: Unlicensed activity
Action: Consent Order with Civil Penalty ($7,000.00 total for all 3 agencies)
Respondent: RL BB Financial, LLC (FL), New York, NY
Violation: Unlicensed activity
Action: Consent Order with Civil Penalty ($7,000.00 total for all 3 agencies)
Cosmetology Board
Respondent: Sophistication Hair Care and Design, Memphis, TN
Violation: Licenses not properly posted; sanitation violations; name tag violation
Action: $750.00 Civil Penalty
Respondent: Smart Cuts, Elizabethton, TN
Violation: Unlicensed activity
Action: $500.00 Civil Penalty
Respondent: Rose’s Nail, Cookeville, TN
Violation: Unlicensed activity
Action: $250.00 Civil Penalty
Home Inspector Licensing Program
Respondent: Michael Manns, Jackson, TN
Violation: Unlicensed Practice
Action: $500 Civil Penalty
Motor Vehicle Commission
Respondent: John Holmes Used Cars, Cleveland, TN
Violation: Temporary Tag Log Violation
Action: $1000 Civil Penalty
Respondent: Mid TN Autos, LLC, Smyrna, TN
Violation: Temporary Tag Log and City and County Business License
Action: $2500 Civil Penalty
Respondent: Double E Motors, Murfreesboro, TN
Violation: Failure to License Salesperson and Failure to Supervise
Action: $2000 Civil Penalty
Respondent: Motogear Warehouse, Inc., Shelbyville, TN
Violation: Expired County and City Business License
Action: $500 Civil Penalty
Respondent: Michael Lyles, Mount Juliet, TN
Violation: Unlicensed Activity
Action: $4500 Civil Penalty
Respondent: Mr. Clean Auto Sales, Murfreesboro, TN
Violation: Issuing More Than Two Temporary Tags
Action: $1500 Civil Penalty
Respondent: Jay’s Automotive & More, Nashville, TN
Violation: Issuing a Temporary Tag to a Salvaged Vehicle
Action: $500 Civil Penalty
Respondent: Noor Auto Sales, Inc., Nashville, TN
Violation: Off-Site Sales and Misuse of Dealer Plates
Action: $6000 Civil Penalty
Respondent: Wayne Motor Co., Waynesboro, TN
Violation: Misuse of Temporary Tag
Action: $500 Civil Penalty
Respondent: Acre Iron and Metal, Dickson, TN
Violation: Unlicensed Activity
Action: $1000 Civil Penalty
Private Protective Services
Respondent: American Citadel Guard, Inc., Baton Rouge, LA, CSC-11544
Violation: Unlicensed activity
Action: $1,100 Civil Penalty
Respondent: Superior Guard Services, Chattanooga, TN, CSC-11184
Violation: Failure to maintain general liability insurance
Action: 6 Month probation plus Court costs
Respondent: Daniel A. Harwell, Memphis, TN, UG-393689
Violation: Failure to notify of arrest within thirty (30) days
Action: $250 Civil Penalty
Real Estate Appraisers
Respondent: Michael Christopher Phillips, Nashville, TN
Violation: Registration suspended in accordance with Tenn. Code Ann. §56-1-109
Action: Suspension
Respondent: Winthrop D. Perkins, Bastrop, TX
Violation: Over the course of several months in 2012, Respondent appraised property in Tennessee without a certificate or non-resident temporary practice permit. Respondent did obtain a temporary practice permit later in 2012, which was a mitigating factor.
Action: $2,000 Civil Penalty
Respondent: Sheila R. Kirk, New Albany, MS
Violation: In a residential appraisal, Respondent committed substantial violations of USPAP in the subject, contract, neighborhood, sales comparison approach, cost approach, and reconciliation sections of her report.
Action: $5,000 Civil Penalty and Respondent’s certified residential certificate placed on 2 years’ probation
Respondent: Elaine Denise Marcum, Mount Juliet, TN
Violation: The Respondent did not state correctly the property listing history, the market conditions summarized was not supported by MLS data, the appraisal does not correctly show the specific zoning classification or the correct zoning description, the appraisal report failed to summarize support for the increase in property value in less than six month since purchase as a HUD foreclosure, the opinion of site value is not supported, and the appraisal does not provide a discussion of the sales comparison approach in the reconciliation, summary of the sales comparison approach or other areas of the report.
Action: A fifteen (15) hour Advanced Residential Applications and Case Studies course
Respondent: Bradley Earl Pullum, Athens, AL
Violation: The respondent failed to summarize information sufficient to identify the real estate involved in the appraisal, including the physical and economic property characteristics relevant to the assignment; failed to summarize support for the site value and site adjustments, failed to adequately summarize the reconciliation of the sales comparison approach to value; included unsupported assumptions about market area trend; and, there is no statement, in the certification, that the appraiser has or has not performed any services on the subject property within the past 3-year period.
Action: $500 Civil Penalty, and a fifteen (15) hour Site Valuation and Costs Approach course
Real Estate Commission
Respondent: William Blakely, Elizabethton, TN
Violation Failure to timely complete administrative measures
Action: $250 Civil Penalty
Respondent: Joshua Matthew Carr, Sevierville, TN
Violation: Failure to maintain Errors and Omissions insurance
Action: $800 Penalty Fee, provided proof of errors & omissions insurance
Respondent: Celeste M. Chism, Crossville, TN
Violation Advertising: Any offer, guaranty, warranty or the like must be made in writing and must disclose all pertinent details on the face of offer/ advertisement; Violation of gift and prizes rule
Action: $250 Civil Penalty
Attend one regularly scheduled two-day commission meeting
Respondent: Benjamin “Ben” K. Claybaker, Brentwood, TN
Violation Failure to timely complete required education
Action: $600 Civil Penalty
Respondent: Hope Charisse Cudd, Maryville, TN
Violation Failure to exercise adequate supervision over the activities of
any licensed affiliate brokers
Action: $1000 Civil Penalty
Attend one regularly scheduled two-day commission meeting
Respondent: Karen H. Diehl, Kingston, TN
Violation When a licensee terminates his/her affiliation with a firm, he/she
shall neither take nor use any property listings secured through the firm
Action: $1000 Civil Penalty
Attend one regularly scheduled two-day commission meeting
Complete four (4) hours of continuing education in ethics
Respondent: Carey Dawn Doss, Chattanooga, TN
Violation Failure to timely complete administrative measures
Action: $250 Civil Penalty
Respondent: Thomas “Eddie” Ferrell, Spring Hill, TN
Violation Failure to timely complete required education
Action: $600 Civil Penalty
Respondent: Vernita “Vernie Jones” Gamble, Dandridge, TN
Violation Failure to timely complete required education
Action: $600 Civil Penalty
Respondent: Kenny Medlin, Bartlett, TN
Violation Unlicensed activity
Action: $1000 Civil Penalty, plus court cost totaling
$1,960
Respondent: Valerie S. Moore, Knoxville, TN
Violation Failing, within a reasonable time, to account for or remit monies
belonging to others
Failure to report firm address change to commission
Failure to answer complaint
Action: Permanently surrendered license
Respondent: Rick Nicholson, Turtletown, TN
Violation Unlicensed activity
Action: $500 Civil Penalty and order to cease and desist all unlicensed activity
Respondent: Roy Stanley Phillips, McMinnville, TN
Violation Failure to timely complete required education
Action: $50 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
Jonta Gaines Murfreesboro, TN
Board of Cosmetology
Carole Ayers Cookeville, TN
Allison Bell Sweetwater, TN
Kim Rase Memphis, TN
Lara Brito Nashville, TN
Sandra Garcia Old Hickory, TN
Deshun Mackey Memphis, TN
Antoinette Mitchell LaVergne, TN
Amanda Webb Hendersonville, TN
Keisa Macklin-Cotton Memphis, TN
Emma Smith Spring Hill, TN
Misty Smith Harlington, TX
Amanda Browning Knoxville, TN
Monica Hayes Springfield, TN
Private Protective Services
Aaron Snowden Memphis, TN
Real Estate Commission
Thomas “Tommy” E. Barnes, III Tulsa, OK
Sarah Ruth Bergman Franklin, TN
Patricia D. Burleson Newland, NC
Whitney Denise Campbell White Pine, TN
Lawrence H. Curtis Boston, MA
Kathy L. Drexel Clarksville, TN
Wendy C. Drucker Newport News, VA
John “J.C” Faircloth Collierville, TN
Susan K. Fessler Hixson, TN
Brian David Ford Charlotte, NC
Michael R. Frieman Denver, CO
Greg L. Gilbert Knoxville, TN
Austin Bryant Green Charlotte, NC
William Clay Grubb Charlotte, NC
Joshua “Josh” R. Hall Wheaton, MD
Robert “Bob” Hickman Brentwood, TN
Kathleen Marie Hill Chattanooga, TN
Kathy Jo Kelly-Jacobs Atlanta, GA
Carolyn Marie Johnson Dacula, GA
Lee J. Leslie Hermosa Beach, CA
Michael “Mike” Lynds Neal Atlanta, GA
Gilbert Ramos Franklin, TN
Rebecca “Becky” M. Ramos Franklin, TN
Samuel Ross Boston, MA
Tara K. Skinner Jackson, TN
Robin Aurelia Smith Kingsport, TN
Rose Ann Smith Johnson City, TN
Stacy Strobl Madison, TN
Linda O. Taylor Newland, NC
Donna C. West Brentwood, TN
Jeffrey “Jeff” B. Wilkes Savannah, TN
Kelly “Kel” E. Williams Madison, TN
Angelia K. Winn Gatlinburg, TN
Batool Zamani Atlanta, GA
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)