Disciplinary Report. Disciplinary Actions Taken by the Division of Professional Regulation:

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1 Illinois Department of Financial and Professional Regulation NEWS FOR IMMEDIATE RELEASE January 31, 2007 Illinois Department of Financial and Professional Regulation Disciplinary Report Disciplinary Actions Taken by the Division of Insurance: The following disciplinary actions were signed by Michael T. McRaith, Director of Insurance, during December Under the Illinois Administrative Review Law each may have the right to appeal the decision and request a stay of the Order. Barry H. Sherman, North Aurora insurance producer license revoked effective December 19, Mr. Sherman had been licensed since May 28, Mr. Sherman was licensed to sell life, accident, health, fire, and casualty insurance. The license was revoked as a result of an investigation, which revealed that the Licensee misappropriated fiduciary monies, failed to maintain a Business Entity license, failed to pay two return premiums timely, failed to maintain proper bond amount, improperly charged service fees, and violated six previously entered Director s Orders. Tyree Williams, Davenport, Iowa insurance producer license revoked effective December 28, Mr. Williams had been licensed since June 7, Mr. Williams was licensed to sell limited lines insurance. His license was revoked as a result of an investigation which revealed a 1998 felony conviction of Possession with Intent to Deliver a Schedule II Controlled Substance. Furthermore, the Licensee has failed to pay the court costs and court appointed attorney s fees totaling $4, Jesse Williams, Carbondale insurance producer license application denied effective December 29, Mr. Williams was applying for a license to sell life, accident, and health insurance. His license application was denied as a result of an investigation, which revealed that the Applicant was convicted of felony Distribution of Cocaine Base in April of Disciplinary Actions Taken by the Division of Professional Regulation: The following disciplinary actions were signed by Director of the Division of Professional Regulation, Daniel E. Bluthardt, during the month of December 2006.

2 ACCOUNTANT Jerome Januszewski, Leavenworth, KS certified public accountant license ( ) indefinitely suspended following a federal criminal conviction for diverting funds while acting as a comptroller and attempting to conceal such diversion from investors. ARCHITECTS, LAND SURVEYORS, PROFESSIONAL ENGINEERS AND STRUCTURAL ENGINEERS Robert John Mathews, Mt. Prospect land surveyor license ( ) fined $2,500 for failure to comply with continuing education requirements. BARBER, COSMETOLOGY, ESTHETICS AND NAIL TECHNOLOGY Frances Kathleen Adams aka Niederbrach, Belleville barber license ( ) indefinitely suspended after violating the probation regarding the repayment of her educational loan. Markeith L. Nunnally, Schaumburg barber license ( ) was issued and placed on indefinite probation for a minimum of five years due to a felony conviction. Tamer Ahmed, Justice cosmetologist license ( ) issued and indefinitely suspended and fined $5,000 after practicing prior to being licensed. Laurie Ann Hibler, Gardner cosmetologist license ( ) reprimanded with conditions and fined $500 for continuing education violations. John C. Mendez, Belleville cosmetologist license ( ) indefinitely suspended after failing to comply with conditions of probation regarding the repayment of his educational loan. Orlando Ross, Aurora cosmetologist license ( ) revoked after practicing on a nonrenewed license. Carrie A. Bour, Chicago cosmetology teacher license ( ) indefinitely suspended for a minimum of six months due to unlicensed practice. Donna and Co. Image 2001, Peoria & Donna McKittrick, Peoria salon license ( ) and cosmetologist license ( ) revoked for aiding and assisting unlicensed practice of barbering or cosmetology. No Comparison Hair Salon, Chicago & Tracy Dennis, Chicago salon license ( ) placed on indefinite probation for a minimum of two years and cosmetologist license ( ) placed on indefinite probation for a minimum of two years and fined $500 for aiding and assisting unlicensed practice.

3 Lanedra M. McFall, Chicago nail technician license ( ) placed on indefinite probation after entering into a repayment agreement with the Illinois Student Assistance Commission. Angela M. Ortiz, Oswego nail technician license ( ) and nail technician teacher license ( ) are indefinitely suspended after violating probation regarding the repayment of her educational loan. Cynthia Kay Schmidt, Wood River nail technician license ( ) indefinitely suspended for failure to comply with the condition of probation regarding the repayment of her educational loan. DENTAL William J. Roscetti, Springfield dentist license ( ) and controlled substance license ( ) indefinitely suspended for a minimum of six months after testing positive for alcohol in violation of his probation terms. Barry Wayne Simms, Lebanon, OH dentist license ( ) issued and placed on probation for three years after being disciplined in the states of Kentucky and Ohio. DETECTIVE, ALARM, SECURITY AND LOCKSMITH Ronald G. Sebek, Chicago private alarm contractor license ( ) revoked due to operating an alarm contractor agency at a branch location which was not registered, employed persons without permanent employee registration cards, and failed to report an arrest and conviction. U.S. Alarm Systems, Inc., Hoffman Estates alarm contractor agency license ( ) revoked for operating a branch location without a license and employing persons without permanent employee registration cards. Terry Beckner, Prairie du Rocher permanent employee registration card ( ) revoked due to a felony conviction for aggravated DUI and failure to report arrest and conviction. Reginal G. Bell, Springfield permanent employee registration card ( ) revoked due to a felony conviction for aggravated criminal sexual abuse and failure to report arrest and conviction for same. Neal D. Daugherty, Robinson permanent employee registration card ( ) was issued and placed on probation for two years due to a criminal conviction. Cornelius Dixon, Jr., Forest Park permanent employee registration card ( ) issued and placed on probation for three years due to criminal convictions.

4 Terry E. Gaines, Springfield permanent employee registration card ( ) placed in refuse to renew status for being more than 30 days delinquent in the payment of child support. Michael J. Hayford, Elmhurst permanent employee registration card ( ) placed on probation for one year after failing to report arrest. Kenneth F. Nitka, Bolingbrook permanent employee registration card ( ) placed in refuse to renew status due to felony conviction for aggravated battery and failure to report said arrest and conviction. Terrance J. Pendleton, Galesburg permanent employee registration card ( ) placed on indefinite probation after being in default on his educational loan and has now entered into a repayment agreement. James F. Smith, Carpentersville permanent employee registration card ( ) was restored to probation for one year. Melvin Washington, Chicago permanent employee registration card ( ) placed on probation for two years due to conviction for misdemeanor theft and failure to report arrest and conviction. E. Juan Ricco Williams El, Chicago permanent employee registration card ( ) revoked due to felony conviction for aggravated unlawful use of a weapon and failure to report that arrest and conviction. FUNERAL DIRECTORS & EMBALMERS Edward Harold Clemenson, Jr., Chicago funeral director license ( ) indefinitely suspended until completion of all continuing education requirements. Richard J. Demnicki, Schaumburg funeral director and embalmer license ( ) indefinitely suspended due to unprofessional conduct. Nathan Haliburton, Jr., Evanston funeral director and embalmer license ( ) suspended for six months and immediately followed with indefinite probation for a minimum of one year and fined $5,000 for practicing on a non renewed license. MASSAGE THERAPIST Susan Doyle, Burbank massage therapist license ( ) issued and placed on probation to terminate on 10/03/07 after pleading guilty and convicted of three criminal misdemeanors, involving forgery. Krystal J. LeMasters, Princeville massage therapist license ( ) issued and placed on probation for two years due to a criminal conviction.

5 MEDICAL Inayat Mir Alikhan, Danville physician and surgeon license ( ) indefinitely suspended after failing to file and/or pay Illinois state income taxes and placed in refuse to renew status after being disciplined in the state of Arizona. Satish Kumar Arora, Boulder, CO physician and surgeon license ( ) indefinitely suspended after being disciplined in the state of Colorado. Jerry Michael Bernstein, Morton Grove physician and surgeon license ( ) was reprimanded for failure to properly interpret a lab test. Mark Miner Brook, Chicago physician and surgeon license ( ) indefinitely suspended after being disciplined by the state of Connecticut. Ricardo Dance, North Andover, MA physician and surgeon license ( ) was reprimanded after being disciplined in the state of Massachusetts. Erlino Decastro, Frankfort physician and surgeon license ( ) placed in refuse to renew status for being more than 30 days delinquent in the payment of child support. S. David Demorest, River Grove physician and surgeon license ( ) was reprimanded with conditions after engaging in unethical conduct with a patient. Joseph S. Dickstein, Chicago physician and surgeon license ( ) placed on indefinite probation for an additional two year minimum for failing to comply with the terms and conditions of his previous probation. Charles Warren Earnshaw, Jr., Alton physician and surgeon license ( ) and controlled substance license ( ) temporarily suspended due to gross negligence, unprofessional conduct, habitual or excessive use of drugs or alcohol, non therapeutic prescribing, immoral conduct, failure to keep patient records and controlled substance violations. William McClell Hamby, Murphysboro physician and surgeon license ( ) indefinitely suspended after being disciplined in the state of Missouri. Jeffrey C. Hooper, Morris physician and surgeon license ( ) to remain revoked and fined $5,000 after violating his Care, Counseling and Treatment Agreement. Edwin L. Johnson, Pelican Rapids, MN physician and surgeon license ( ) indefinitely suspended after being disciplined in the state of North Dakota. Larry A. Minton, Marion physician and surgeon license ( ) indefinitely suspended for being more than 30 days delinquent in the payment of child support and misrepresenting he was current as of the last licensure renewal and for failure to file and/or pay Illinois state income taxes.

6 Pedro S. Montano Martinez, Mission, TX physician and surgeon license ( ) placed on probation until October 10, 2007 after being disciplined in the state of Texas. Joseph Quintana, El Paso, TX physician and surgeon license ( ) was reprimanded after being disciplined in the state of Texas. Christopher A. Rice, Du Quoin physician and surgeon license ( ) revoked after failing to comply with the terms and conditions of his probation. Richard D. Rider, San Francisco, CA physician and surgeon license ( ) was reprimanded after being disciplined in the state of California. Suzan Sakhuja, Des Plaines physician and surgeon license ( ) was reprimanded for signing another physician's name on that doctor's pre printed prescription pad. Sanjay Sastry, Plano, TX physician and surgeon license ( ) placed on probation for two years after being disciplined in the state of Florida. Jordan Mayer Scher, Chicago physician and surgeon license ( ) placed in refuse to renew status after being disciplined in the state of New York. Larry L. Strong, Chicago physician and surgeon license ( ) indefinitely suspended after failing to file and/or pay Illinois state income taxes. Fermina Ventura, Skokie physician and surgeon license ( ) reprimanded and fined $2,000 for failure to complete continuing medical education as required. Michael Abbett, Granite City physician and surgeon license ( ) reprimanded and fined $2,000 for failure to complete continuing medical education as required. Jerren Helwig, Monee (unlicensed) ordered to cease and desist the unlicensed practice of medicine, nursing and/or advanced practice nursing. Mark R. Frahm, Naperville chiropractor license ( ) reprimanded and fined $2,000 for failure to complete continuing medical education as required. Eugene L. Miller, Chicago chiropractor license ( ) revoked and fined $25,000 due to a felony conviction and holding himself out as a physician, practicing medicine without a license and theft. NURSING Adenike Adebiyi, Chicago registered nurse license ( ) was issued with reprimand for a prior felony conviction.

7 Shamsideen F. Bakare, Chicago registered nurse license ( ) was restored to probation for one year. Whitney Belcher, Chicago registered nurse license ( ) indefinitely suspended for a minimum of six months after violating the terms and conditions of a previously ordered probation. Jeanne E. Berger, Gibson City registered nurse license ( ) indefinitely suspended due to unprofessional conduct, namely, testing positive for cocaine in a random toxicology test. Jan Graham Clark, Sterling registered nurse license ( ) placed in refuse to renew status after being disciplined in the state of Arizona. David Haycraft, Joliet registered nurse license ( ) indefinitely suspended after diverting controlled substances from Silver Cross Hospital, Joliet, Illinois. Tortilla Johnson, Plainfield registered nurse license ( ) was restored to indefinite probation with work restrictions for a three year minimum. Julie L. Listenbee Coward, Chicago registered nurse license ( ) indefinitely suspended after failing to comply with conditions of probation regarding the repayment of her educational loan. Tonya A. Moore, Omaha registered nurse license ( ) was indefinitely suspended after being disciplined in the state of Indiana. Patricia Nicosia, Berwyn registered nurse license ( ) was restored to probation for two years with work restrictions. Susan Diane Ratliff, Literberry registered nurse license ( ) was restored to probation for three years. Linda Rogers, Onarga registered nurse license ( ) indefinitely suspended due to unprofessional conduct, diversion and impairment Jane Rursch, Moline registered nurse license ( ) indefinitely suspended for a minimum of six months for a violation of probation, namely, failing to provide evidence of toxicology screens for the last quarter of 2005 and the first quarter of Patricia A. Woods, Alton registered nurse license ( ) indefinitely suspended after diverting controlled substances from her employer. Norma Atkins, Alton licensed practical nurse license ( ) indefinitely suspended for a minimum of two years due to a conviction for Unlawful Possession of a Controlled Substance. Sharon Becker, Joliet licensed practical nurse license ( ) was restored to probation for three years.

8 Mallory D. Carson, Laveen, AZ licensed practical nurse license ( ) indefinitely suspended after failing to comply with conditions of probation regarding the repayment of her educational loan. Tami L. Dragoo, Galesburg licensed practical nurse license ( ) indefinitely suspended for a minimum of three years after testing positive for Cocaine. Becky Groenewold, Delavan licensed practical nurse license ( ) indefinitely suspended for a minimum of five years after sexually attacking a patient s father and threatening a witness to the incident. Nancy K. Lawson, Marshall licensed practical nurse license ( ) indefinitely suspended after failing to comply with conditions of probation regarding the repayment of her educational loan. Darryl Deon Payne, Bloomingdale licensed practical nurse license ( ) indefinitely suspended for a minimum of three years after pleading guilty to a felony for forgery. Debra A. Shiverdeck, Dupo licensed practical nurse license ( ) was restored to indefinite probation after entering into a repayment agreement for her Illinois educational loan. Anne Stipe, Percy licensed practical nurse license ( ) placed on indefinite suspension after testing positive for methamphetamine while on probation. Trevor Storm, Shelbyville licensed practical nurse license ( ) was restored to probation. Terry Walker, Elgin licensed practical nurse license ( ) indefinitely suspended after diverting controlled substances from a facility in the State. S. Elizabeth Williams, Fulton licensed practical nurse license ( ) placed on indefinite probation after entering into a repayment agreement for her Illinois educational loan. OPTOMETRY Dollar Plus Beauty Supply, Chicago (unlicensed) ordered to pay a civil penalty of $5,000 for alleged unlicensed practice of optometry. PHARMACY Suzanne Albrecht, Woodstock pharmacist license ( ) was automatically and indefinitely suspended for a minimum of six months after violating her conditions of probation by testing positive for Amphetamines.

9 Loren Lee Little, Skokie pharmacist license ( ) placed on suspension for 14 days to be immediately followed by indefinite probation for a minimum of two years after diverting controlled substances from his pharmacy employer for self use and repetitiously dispensing prescription medication for self use without physician authorization. John E. Mathews, Jr., Chicago pharmacist license ( ) was restored to indefinite probation for a minimum of five years. Barbara Ann Gadlen, Maywood pharmacy technician license ( ) was issued with reprimand after being disciplined in the state of Iowa. Laura Johnson, North Aurora pharmacy technician license ( ) placed on indefinite probation for a minimum of six months after failing to obtain a G.E.D. necessary for licensure. Simar, Inc., d/b/a Rochelle Pharmacy, Rochelle pharmacy license ( ) fined $4,000 after engaging in wholesale drug distributor practice without obtaining appropriate licensure. SOCIAL WORK Ava Dorrance, Rock Island licensed clinical social worker license ( ) indefinitely suspended after engaging in unprofessional conduct by violating patient boundaries. Disciplinary Actions Taken on Real Estate Professional Licenses: The following disciplinary actions for licensed real estate professionals were signed by Director of the Division of Professional Regulation, Daniel E. Bluthardt, during the months of October, November and December APPRAISERS Roy C. Vasel, Elburn October 4, 2006 The associate real estate appraiser license was refused renewal for practicing outside the scope of his license by completing an appraisal report for a St. Charles which was not supervised or co signed by a certified residential real estate appraiser. William J Kirby, Libertyville October 4, 2006 The associate real estate appraiser license was refused renewal for falsifying between 25 and 30 appraisal reports by placing a license number on the reports that was not registered to him. Joseph O. Doninger, Naperville October 4, 2006 The associate real estate appraisal license was refused renewal for forging the signature of a certified residential real estate appraiser and placing that person s name and credential number on an appraisal report of an Oswego, IL property in August, 2004.

10 Mark L. Brown, Mount Zion October 12, 2006 Certified residential real estate appraiser license indefinitely suspended for a minimum of 36 months for preparing a recertification of a November 2002 appraisal of his residence and placing the name and credential information of the certified residential appraiser who actually performed the November 2002 appraisal without that appraiser s knowledge and permission. Additionally, the appraiser participated in a scheme with a member of a Credit Union to inflate the values of over 60 properties he appraised. Michael L. Castrogiovanni, Elgin October 23, 2006 The certified residential real estate appraiser license was restored from Refuse to Renew status which was entered for failure to respond to written requests, but reprimanded for failing to timely notify the agency of a change in address. Kathleen A. Westphal, Rockford October 26, 2006 The associate real estate appraiser license will be issued upon agency approval of a designated supervisor of the associate but issued on probation for a minimum period of 2 years for failing to disclose criminal history in a May 2006 application for an associate real estate appraiser license. Christopher A. Thomas, Rockford November 30, 2006 The appraisal license was reprimanded and a $ fine assessed for submitting a check to IDFPR that had not been honored by the financial institution upon which it was drawn. Michael A. Thompson, Niles December 12, 2006 The certified residential real estate appraiser license was indefinitely suspended for a minimum of 15 months for submitting an appraisal to a client without a certified appraiser co signature while an associate appraiser and preparing a misleading report by, among other things, failing to report the complete listing history of the subject and failing to disclose employment with the client mortgage broker. James B. Bartell, Niles December 12, 2006 The certified residential real estate appraiser license was reprimanded and assessed a fine of $2500 for failing to adequately supervise an associate real estate appraiser and for preparing a misleading appraisal report which, among other things, did not contain the complete listing history of the subject and which did not disclose that the client mortgage broker engaged him to supervise the associate. Christopher S. Wallace, Hawthorne Woods December 20, 2006 The associate real estate appraiser license was reprimanded for failing to ensure that a certified residential real estate appraiser co signed his appraisal reports before his employer submitted the reports to the client. Marvin R. White, Elburn October 3, 2006 The application for an associate real estate appraiser license denied for holding self out as a real estate appraiser and for forging appraisal reports by placing the name of a certified residential real estate appraiser on appraisal reports along with a fictitious license number and a forged signature. John B. Batson, Chicago November 11, 2006 The associate real estate appraisal license was refused renewal for forging the signature of a certified residential real estate appraiser and placing that person s name and credential number on at least twenty five (25) appraisal reports.

11 Candice M. Adams, Berkley -October 26, 2006 The application for an associate real estate appraisal license was denied due to a conviction for felony theft. AUCTION ORDERS Gary Wessels, Galesburg October 25, 2006 The auctioneer license was reprimanded and a $ fine assessed for failure to complete statutorily required continuing education. Walter S. Robertson, Lexington, Ky. December 5, 2006 The auctioneer license was cancelled and is refused renewal for two years for December 05, Richard A. Reese, San Francisco, Calif. November 16, 2006 The auctioneer license was reprimanded and a $ fine assessed for failure to complete statutorily required continuing education. Daniel K. Matthews, Nokomis October 4, 2006 The auctioneer license was reprimanded and a $ fine assessed for failure to complete statutorily required continuing education. Stephen A. Kriebel, Lincoln, Neb. October 5, 2006 The auctioneer license was reprimanded and a $ fine assessed for failure to complete statutorily required continuing education. Roger Allen Mackeben, Poplar Grove October 25, 2006 The application for an auction license was granted subject to Probation for a period of one year based upon the disclosure of a conviction for drug possession. John HartFine Wine Ltd., Chicago December 21, 2006 The auction entity license was reprimanded and a $7, fine assessed for engaging the practice of auctioneering without a license during 2005 and through August 16, Junior Bishop, Cuba November 6, 2006 The auction license was revoked for a minimum of 2 years for failure to complete statutorily required continuing education. Ronald Charyn, San Francisco, Calif. November 6, 2006 The auction license was cancelled and refused renewal for 2 years for falsifying his 2005 renewal application by certifying that he was exempt from continuing education requirements when he was not. BillCockrum, Wenzville, Mo. October 5, The auction license was reprimanded and a $ fine assessed for failure to complete statutorily required continuing education. David Delaney, DeWitt, Iowa October 4, 2006 The auction license was revoked for a minimum of 2 years for failure to complete statutorily required continuing education. Shawn Dunning, Hampshire November 6, 2006 The auction license was reprimanded and a $ fine assessed for failure to complete statutorily required continuing education. David Fox, Owings Mills, Md. October 5, 2006 The auction license was reprimanded and a $ fine assessed for failure to complete statutorily required continuing education.

12 William Gardner, Branford, Conn. October 4, 2006 The auction license was reprimanded and a $ fine assessed for failure to complete statutorily required continuing education. Swan Hachmeister, Pecatonica November 6, 2006 The auction license was reprimanded and a $ fine assessed for failure to complete statutorily required continuing education. Arthur Horowitz, Hollywood, Fla. December 15, 2006 The auction license was revoked for a minimum of 2 years for failure to complete statutorily required continuing education. Bruce Anderson, Orion November 16, 2006 The auction license was reprimanded and a $ fine assessed for failure to complete statutorily required continuing education. Wallace Berryhill, Flower Mound, Texas November 6, 2006 The auction license was reprimanded and a $ fine assessed for failure to complete statutorily required continuing education. HOME INSPECTORS Joseph Schinasi, Woodland Hills, Calif. November 16, 2006 The home inspector license was cancelled as of November 16, 2006 and refused renewal for failure to complete statutorily required continuing education. Michael R. Raffe, Des Plaines October 4, 2006 The home inspector license was reprimanded for failure to timely complete statutorily required continuing education courses. Sean O Leary, Palos Park October 4, 2006 The application for a home inspector license was granted subject to Probation based upon a disclosure of a felony conviction. The Probation period shall run concurrent with the completion of a criminal sentence of probation. John Howard, Ellicott City, Md. October 4, 2006 The home inspector license was revoked for a minimum of 2 years for failure to complete statutorily required continuing education. REAL ESTATE ORDERS Fadi Zanayed (Silo Realty Corp.), Palos Hills November 22, 2006 The Petition for Restoration was granted and the real estate broker license was restored. Upon restoration the license was reprimanded and assessed a $ fine due to the submission of a check not honored by the financial institution upon which it was drawn. Herman R. Vanderwall Jr., Tinley Park December 19, 2006 The salesperson license was refused renewal for failing to satisfy all liabilities with the Illinois Department of Revenue. David Ortiz, Chicago December 14, 2006 The salesperson license was refused renewal for failing to satisfy child support delinquencies.

13 Stephen Smith, Rockford December 22, 2006 The salesperson license was reprimanded for violating the terms of a prior disciplinary order. Stephen Smith, Rockford October 25, 2006 The salesperson license was refused renewal for failing to satisfy all liabilities with the Illinois Department of Revenue. Tomas Sasco, Chicago December 22, 2006 The Petition for Restoration was granted and the broker license was restored to active status. Michael Barofsky, Willow Springs October 26, 2006 The broker license was placed on Probation for three years for transferring escrow money into a commission account without fully accounting for the seller s proceeds. Roger Allen Mackeben, Poplar Grove October 25, 2006 The application for a salesperson license was granted subject to Probation for a period of one year based upon the disclosure of a conviction for drug possession. Manda Crawford, Champaign October 25, 2006 The salesperson license was refused renewal for failing to satisfy all liabilities with the Illinois Department of Revenue. Raymond Buchalski, Naperville October 26, 2006 The broker license and CE instructor license were refused renewal for failing to satisfy all liabilities with the Illinois Department of Revenue. Cheryl Andrada, Poplar Grove December 19, 2006 The application for a salesperson license was denied. Christopher A. Thomas, Rockford November 30, 2006 The real estate broker license was reprimanded and a $ fine assessed for submitting a check to IDFPR that had not been honored by the financial institution upon which it was drawn. Gloria Ulloa, Oak Lawn October 26, 2006 The salesperson license was reprimanded for committing certain advertising violations. Richard C. Ostergren, Oak Lawn October 26, 2006 The real estate broker license was reprimanded for failing to adequately supervise a sponsored licensee who committed certain advertising violations. TIME SHARE American Resorts International Holiday Network, Ltd., Matteson November 30, 2006 The Developer registration was refused issuance or renewal for a minimum period of one year, and a $10, civil fine was assessed, based on allegations set forth in a six count Formal Complaint. # # #