March 2014 Disciplinary Action Report
Monday, April 14, 2014 | 09:30am
EDITORS: Tennessee Code Annotated, Section 56-1-302(a)(9) requires the Department of Commerce and Insurance to issue a monthly press release containing a disciplinary report which shall list all disciplinary actions taken by each board during the prior month. Below is a list of actions taken during the month of March 2014:
ACCOUNTANCY
No actions taken
ALARM SYSTEMS CONTRACTORS BOARD
Respondent: Secure Test, Elizabethton, TN C-1396
Violation: CCTV Unlicensed activity
Action: $500 Civil Penalty
AUCTIONEER COMMISSION
Respondent: Keller Williams Realty/Pozy Auctions, Knoxville, TN
Violation: Advertising Violation
Action: $1000 Civil Penalty
Respondent: High Bid, LLC d/b/a Roebuck Auctions, Memphis, TN
Violation: Advertising Violation
Action: $500 Civil Penalty
Respondent: Dale’s Country Auction, Ashland City, TN
Violation: Failing to account for or remit, within a reasonable time, any money belonging to others that comes into the licensee’s possession
Action: $500 Civil Penalty
Respondent: Kenneth R. Campbell, Lawrenceburg, TN
Violation: Unlicensed Activity
Action $1000 Civil Penalty
Respondent: Supreme Auctions, Scottsdale, AZ
Violation: Unlicensed Activity
Action $1500 Civil Penalty
BARBER
Respondent: Shaun Spencer, Memphis, TN
Violation: Unprofessional conduct
Action: $1000.00 Civil Penalty; Revocation of license
Respondent: Mekiel Garvin, Memphis, TN
Violation: Unprofessional conduct
Action: $1000.00 Civil Penalty; Revocation of license
Respondent: Thomas Earl Anderson, Memphis, TN
Violation: Unprofessional conduct
Action: $1000.00 Civil Penalty; Revocation of license
Respondent: Anthony D. McKinnis, Ripley, TN
Violation: Unprofessional conduct
Action: Revocation of license
Respondent: Torey Jackson, Memphis, TN
Violation: Unprofessional conduct
Action: Revocation of license
Respondent: Chinita S. Polk, Memphis, TN
Violation: Unprofessional conduct
Action: Revocation of license
Respondent: Stephanie Nguyen, Memphis, TN
Violation: Unprofessional conduct
Action: Revocation of license
Respondent: Garrett E. Harris, Memphis, TN
Violation: Unprofessional conduct
Action: Revocation of license
Respondent: Marty Coleman, Memphis, TN
Violation: Unprofessional conduct
Action: Revocation of license
Respondent: Maurice Payne, Jackson, TN
Violation: Unprofessional conduct
Action: $1000.00 Civil Penalty; Revocation of license
BOARD OF ARCHITECTURAL & ENGINEERING EXAMINERS
Respondent: Roy A. Hunt, P.E. #21694, Sacramento, CA
Violation: Violated Rule 0120-02-.05(b)
Action: Consent Order for a suspension, pending proof of release of suspension in another jurisdiction, a $1,000 civil penalty reflecting $500 for each renewal cycle respondent did not report the disciplinary action in another jurisdiction and to take and pass the Board’s Law and Rules Exam.
BOARD OF EXAMINERS FOR LAND SURVEYORS
No Actions Taken
BOARD OF FUNERAL DIRECTORS & EMBALMERS
Respondent: Covenant Funeral & Crematory, Chattanooga, TN
Violation: Failed to disclose to a family that the price being charged for a cash advance item was not the same as its cost to the establishment and failed to maintain a copy of the latest inspection results of the crematory used by the establishment
Action: $1,500 Civil Penalty and $200 Hearing Costs
Respondent: Harold Dean Limburg, Greeneville, TN
Violation: Immoral conduct (engaged in sexual acts with an individual under the age of consent who was particularly vulnerable at the time)
Action: Suspension of funeral director and embalmer licenses for a period of six (6) months, $1,000 Civil Penalty, and $1,260 Hearing Costs
Respondent: Carl R. Points, Columbia, TN
Violation: Solicitation of a dead human body by the licensee that occurred both when death was imminent and after death (handed out business cards to several family members when an individual was in a hospital intensive care unit and subsequently solicited the family via phone calls to their residence both before and after the individual’s death)
Action: $2,500 Civil Penalty
Respondent: Sellars Funeral Home at Mt. Juliet, Mount Juliet, TN
Violation: Failed to maintain a copy of the latest inspection results of the crematory used by the establishment, ventilation fan in the preparation room was not operating properly, the high-end range for a direct cremation was inconsistent on different price lists, and an incorrect price list caused a family to be overcharged for an outer burial container
Action: $250 Civil Penalty
Respondent: Smith Brothers Funeral Directors, Nashville, TN
Violation: Failed to provide a response within the allotted time upon receiving notice that a complaint had been opened against the establishment
Action: $250 Civil Penalty
BOARD FOR LICENSING CONTRACTORS
Respondent: Gray’s Electrical and Home Improvement, Nashville, TN
Violation: Exceeding Limit
Action: $2,000 Civil Penalty
Respondent: Keith L. Lanphear, Dandridge, TN
Violation: Unlicensed contracting and failure to report license and revocation in another state
Action: $5,000 Civil penalty and voluntary surrender of license
Respondent: Precision Contracting & Remodeling, Sevierville, TN
Violation: Allowing use of license
Action: $500.00 Civil Penalty
Respondent: Foster Signs, Jonesborough, TN
Violation: Unlicensed Activity
Action: $1,000 Civil Penalty
Respondent: Chad Garland d/b/a Top Notch Restoration, Murfreesboro, TN
Violation: Unlicensed Activity
Action: $500.00 Civil Penalty
Respondent: Premier Design & Construction Co, Nashville, TN
Violation: Poor Workmanship
Action: $1,500 Civil Penalty
Respondent: BJP Heritage Construction, LLC, Murfreesboro, TN
Violation: Poor Workmanship
Action: $2,000 Civil Penalty
Respondent: David Ashford - R & R Heating & Air, Madisonville, TN
Violation: Unlicensed Activity
Action: $500 Civil Penalty+ Court Cost
Respondent: Tim Brady, Dayton, TN
Violation: Unlicensed Activity
Action: $1,200 Civil Penalty +Court Cost
Respondent: Doug Smith-A & S Heating & Cooling, Shelbyville, TN
Violation: Altered Electrical Permit
Action: Civil Penalty Licensed Revoked
Respondent: Walter Hill Plumbing
Violation: Unlicensed Activity
Action: $10,000.00 Civil Penalty
Respondent: Thermal-Tec Michigan, Cedar Spring, MI
Violation:Unlicensed Activity
Action: $1000 Civil Penalty
BURIAL SERVICES
Respondent: Boyd Funeral Home, Ashland City, TN
Violation: Provided a discount on a preneed funeral contract
Action: $250 Civil Penalty
Respondent: First Tennessee Bank, N.A., Knoxville, TN
Violation: Failed as a cemetery trustee to timely file multiple annual financial reports on proper forms and disclose statutory required information
Action: $7,300 Civil Penalty and $200 Hearing Costs
Respondent: Terrell Broady Funeral Home, Nashville, TN
Violation: Failed to timely file an annual report, failed to maintain sufficient payment source documentation in preneed funeral contract files, and failed to refund excess funds to the purchaser, purchaser’s estate or otherwise named beneficiary
Action: $250 Civil Penalty
COLLECTION SERVICES BOARD
No Actions Taken
COSMETOLOGY
Respondent: Diep Thi Nguyen, Nashville, TN
Violation: Had secured a license by reciprocity that Respondent was not entitled to
Action: Surrendered license
Respondent: Jin Lu Dang, Nashville, TN
Violation: Had secured a license by reciprocity that Respondent was not entitled to
Action: Surrendered license
Respondent: Kieu Thi Nguyen, Atlanta, GA
Violation: Had secured a license by reciprocity that Respondent was not entitled to
Action: Surrendered license
Respondent: Tra My Nu Ton, Hendersonville, TN
Violation: Had secured a license by reciprocity that Respondent was not entitled to
Action: Surrendered license
Respondent: Diva Nail, Sevierville, TN
Violation: Unlicensed activity
Action: $250.00 Civil Penalty
Respondent: Tennessee School of Beauty, Knoxville, TN
Violation: Sanitation violations
Action: $250.00 Civil Penalty
Respondent: Gio’s Salon, Antioch, TN
Violation: Unlicensed activity
Action: $500.00 Civil Penalty
Respondent: Tommy Vo, Clarksville, TN
Violation: Unlicensed activity
Action: $250.00 Civil Penalty
Respondent: Magic Nails, Memphis, TN
Violation: Unlicensed activity
Action: $500.00 Civil Penalty
Respondent: Smart Style #4234, Minneapolis, MN
Violation: Unlicensed activity
Action: $500.00 Civil Penalty
Respondent: Salon of Memphis, Memphis, TN
Violation: Sanitation violations
Action: $250.00 Civil Penalty
Respondent: All Star Nails, Nashville, TN
Violation: No manager on duty; sanitation violations
Action: $250.00 Civil Penalty
Respondent: Salon Liani, Memphis, TN
Violation: Failed to properly display licenses; sanitation violations
Action: $250.00 Civil Penalty
Respondent: Nail Time, Clarksville, TN
Violation: Unlicensed activity; no manager on duty; sanitation violations
Action: $1500.00 Civil Penalty
Respondent: Glamour Studio, Memphis, TN
Violation: No manager on duty; name tag violation
Action: $750.00 Civil Penalty
Respondent: Evelyn Hair Braiding, Memphis, TN
Violation: Unlicensed activity
Action: $250.00 Civil Penalty
Respondent: Beautiful Salon, Memphis, TN
Violation: Shop license not properly displayed; sanitation violations
Action: $750.00 Civil Penalty
Respondent: U.S. Nail Spa, Clarksville, TN
Violation: No manager on duty; sanitation violations
Action: $500.00 Civil Penalty
Respondent: Tieng Thi Kim Huynh, Clarksville, TN
Violation: Unlicensed activity
Action: $250.00 Civil Penalty
Respondent: Wilson Nails, Mt. Juliet, TN
Violation: Sanitation violations
Action: $750.00 Civil Penalty
Respondent: Phuong Anh Nguyen, Memphis, TN
Violation: Unlicensed activity
Action: $250.00 Civil Penalty
Respondent: T-Nail Spa, Clarksville, TN
Violation: Unlicensed activity; name tag violation
Action: $1000.00 Civil Penalty
Respondent: Thanh Thai Nails Spa, Gallatin, TN
Violation: Unlicensed activity
Action: $250.00 Civil Penalty
Respondent: Special Nails, Cordova, TN
Violation: Unlicensed activity; name tag violation; sanitation violations
Action: $1000.00 Civil Penalty
GEOLOGY REGISTRATION PROGRAM
No Actions Taken
HOME INSPECTOR LICENSING PROGRAM
No Actions Taken
LOCKSMITH LICENSING PROGRAM
No Actions Taken
MOTOR VEHICLE COMMISSION
Respondent: James and Vivian Dotson, Shelbyville, TN
Violation: Unlicensed Activity
Action: $1000 Civil Penalty
Respondent: Golden Circle Pre-Owned Supercenter, LLC, Jackson, TN
Violation: Temporary Tag Log Violation
Action: $1000 Civil Penalty
Respondent: Moss Easy Ride, South Pittsburgh, TN
Violation: Motor Vehicle Facilities Violation
Action: $500 Civil Penalty
Respondent: Ronnie McMurtry, Hendersonville, TN
Violation: Off-Site Sales
Action: $500 Civil Penalty
Respondent: Yada Auto Sales, Nashville, TN
Violation: Temporary Tag Log Violation
Action: $1000 Civil Penalty
Respondent: Memphis Coach Sales, Inc., Collierville, TN
Violation: Expired County Business License
Action: $250 Civil Penalty
Respondent: Best Auto Sales, LaVergne, TN
Violation: Issuing More Than Two Temporary Tags
Action: $1500 Civil Penalty
Respondent: Dover RV, LLC, Dover, TN
Violation: Unlicensed Activity
Action: $1500 Civil Penalty
Respondent: Mid-Town Motor Cars, Murfreesboro, TN
Violation: Failing to Maintain Temporary Tag Log and Discharge Lien
Action: $2000 Civil Penalty
Respondent: Music City Autoplex, LLC, Hendersonville, TN
Violation: 33 Counts of Off-Site Sales
Action: $16,500 Civil Penalty
Respondent: Nashville Imports, Inc., Nashville, TN
Violation: 7 Counts of Misuse of Temporary Tags
Action: $7000 Civil Penalty
Respondent: Rakesh S. Bery, Nashville, TN
Violation: Unlicensed Activity
Action: $3000 Civil Penalty
Respondent: Nunez Auto Mart, Manchester, TN
Violation: Business License Expired and Issuing More Than Two Temporary Tags
Action: $4000 Civil Penalty
Respondent: John Bradley, Centerville, TN
Violation: Delinquent Student Loans
Action: Suspension of License
Respondent: Christopher Austin, Cleveland, TN
Violation: Delinquent Student Loans
Action: Suspension of License
Respondent: Ryan Delph, Dandridge, TN
Violation: Delinquent Student Loans
Action: Suspension of License
Respondent: Amy Hogue, Mufreesboro, TN
Violation: Delinquent Student Loans
Action: Suspension of License
Respondent: John Bradley, Centerville, TN
Violation: Delinquent Student Loans
Action: Suspension of License
Respondent: Charlene Hall, Goodlettsville, TN
Violation: Delinquent Student Loans
Action: Suspension of License
PRIVATE INVESTIGATION & POLYGRAPH COMMISSION
Respondent: Delta Associated Investigations, Inc., Suwanee, GA, PIC-1813
Violation: Using unlicensed investigators
Action: $500 Civil Penalty
PRIVATE PROBATION COUNCIL
No Actions Taken
PRIVATE PROTECTIVE SERVICES
Respondent: Baby C’ S Security Service (Charles Carethers), Chattanooga, TN
Violation: Unlicensed activity
Action: $250 Civil Penalty
Respondent: Patriot Security Systems Group, LLC, Millington, TN, CSC-12670
Violation: Unlawful employment
Action: $1,000 Civil Penalty
Respondent: Debra Hardrick, Memphis, TN, UG-390033
Violation: Failure to comply with the payment agreement
Action: Revocation
Respondent: Justin Prevost, Nashville, TN, UG-410984
Violation: Unlicensed activity
Action: $500 Civil Penalty
RACE TRACK PROGRAM
No Actions Taken
REAL ESTATE APPRAISERS
Respondent: First Valuation Services, LLC, Westminster, CO
Violation: Unlicensed Conduct
Action: Revocation
Respondent: David Scott Landes, Knoxville, TN
Violation: Committed numerous violations of USPAP.
Action: Thirty (30) days suspension of the Respondent’s certificate.
Respondent: Thomas A. Baine, Memphis, TN
Violation: Violated provisions of USPAP
Action: A fifteen (15) hour Residential Report Writing and Case Studies Course
Respondent: Glenn K. Trotter, Germantown, TN
Violation: Failed to fully comply with Final Order terms
Action: Suspension
SCRAP METAL DEALER PROGRAM
Respondent: Michael Cable
Violation: Violation of 62-9 regarding Scrap Metal Dealers
Action: Revocation of Scrap Metal Dealer Registration
SOIL SCIENTIST LICENSING
No Actions Taken
TN REAL ESTATE COMMISSION
Respondent: Catherine Marie Brouwer, Memphis, TN
Violation: Failing, within a reasonable time, to account for or to remit moneys belonging to others
Action: Order of summary suspension
Respondent: Andrew “Andy” L. Brown, Brentwood, TN
Violation: Failure to timely disburse/interplead earnest money
Action: $500 Civil Penalty
Attend one regularly scheduled two-day commission meeting
Respondent: Lisa Marie Cash, Fancy Farm, KY
Violation: Failure to timely complete required education
Action: $300 Civil Penalty
Respondent: Yvonne Renee Chatman, Brentwood, TN
Violation: Failing to furnish a copy of any listing, sale, lease or other contract relevant to a real estate transaction to all signatories of the contract at the time of execution
Action: $250 Civil Penalty
Attend one regularly scheduled two-day commission meeting
Respondent: Debbie Flowers, Murfreesboro, TN
Violation: Failure to adequate supervise activities of affiliates (Advertising)
Action: $250 Civil Penalty
Respondent: Debbie Flowers, Murfreesboro, TN
Violation: Failure to adequate supervise activities of affiliates (Advertising)
Action: $250 Civil Penalty
Respondent: Sarah E. Haynes, Gallatin, TN
Violation: Failure to timely complete required education
Action: $600 Civil Penalty
Respondent: Ann Horton Hoke, Murfreesboro, TN
Violation: Licensee may not post signs on any property advertising, unless the firm name appears thereon in letters the same size or larger than those spelling out the name of the licensee
Action: $250 Civil Penalty
Respondent: Shelia D. Lunsford, Murfreesboro, TN
Violation: Failure to adequate supervise activities of licensed affiliate
Action: $250 Civil Penalty
Attend one regularly scheduled two-day commission meeting
Respondent: Philip Todd Mason, Knoxville, TN
Violation: Failure to maintain Errors and Omissions insurance
Action: $900 Penalty Fee, provided proof of errors and omissions ins.
Respondent: Stephen T. Moffitt, Johnson City, TN
Violation: Failing, within a reasonable time, to account for or to remit moneys belonging to others
Failure to respond to a complaint filed with the Commission
Action: $1500 Civil Penalty
Attend one regularly scheduled two-day commission meeting
Respondent: Terri Hollandsworth-Rutherford, Brentwood, TN
Violation: Failure to timely complete required education
Action: $150 Civil Penalty
Respondent: JoAnn Taylor, Memphis, TN
Violation: Unlicensed activity
Action: $500 Civil Penalty
Respondent: Deanne Elizabeth Vinsant, Maryville, TN
Violation: Making any substantial and willful misrepresentation. No more than one (1) license shall be issued to any broker or affiliate broker to be in effect at one (1) time
Action: $750 Civil Penalty
Attend one regularly scheduled two-day commission meeting
Respondent: George W. Weeks, Murfreesboro, TN
Violation: Advertising violation (Agent’s name larger than the firm name)
Action: $250 Civil Penalty
Respondent: David “Dave” D. Wilson, Franklin, TN
Violation: Failure to timely complete required education
Action: $600 Civil Penalty
Respondent: Charles S. Yates, Murfreesboro, TN
Violation: Advertising violation (Agent’s name larger than the firm name)
Action: $250 Civil Penalty
Respondent: Courtney E. Yates, Murfreesboro, TN
Violation: Advertising violation (Agent’s name larger than the firm name)
Action: $250 Civil Penalty
Respondent: Joshua Yates, Murfreesboro, TN
Violation: Advertising violation (Agent’s name larger than the firm name)
Action: $250 Civil Penalty
Respondent: Jerry L. Belew
Violation: Making any substantial and willful misrepresentation. Failure to disclose to each party of the transaction any adverse facts of which the licensee has actual notice or knowledge
Action: $1,000 Civil Penalty
Attend one regularly scheduled two-day commission meeting
The following individuals have had their licenses suspended in accordance with Tenn. Code Ann. §36-5-706 or Tenn. Code Ann. §56-1-313:
Cosmetology
Gregory Clay Murfreesboro, TN
Megan Dunn Union City, TN
Ashley Ray-McDonald White House, TN
Lee Stafford Madison, TN
Chavon McConnell Memphis, TN
Rebecca McMillin Dry Fork, VA
Takisha Murray Memphis, TN
Private Protective Services
Rodney R. Hicks 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)