REGULATORY BOARDS DISCIPLINARY ACTION REPORT JUNE 2014

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1 FOR IMMEDIATE RELEASE CONTACT: Megan Buell (office) REGULATORY BOARDS DISCIPLINARY ACTION REPORT JUNE 2014 ACCOUNTANCY No actions taken. ALARM SYSTEMS CONTRACTORS BOARD Lathron Dwayne Smith, QA; Peachtree Corners, GA Failure to submit employee termination notices $200 Civil Penalty Link Home Security/Fire Protection Service Corp, ASC-1653; Ogden, UT Engaging in business in name other than the name on certification Safe Security; San Ramon, CA Unlicensed Activity $2,000 Civil Penalty ARCHITECTURAL AND ENGINEERING EXAMINERS David N. Hauseman, RA #101174, Atlanta, GA Violated T.C.A & Agreed Order for a $250 civil penalty and $200 in costs

2 AUCTIONEER Clyde Earl Hall/Auction Company; Knoxville, TN Advertising violation (Rule # ) $500 BARBER BOARD The Barber Shop, Unlicensed activity; sanitation violations $250 Civil Penalty James Lian Mitchell, Unprofessional conduct Revocation of license $3,000 Civil Penalty William L. Golliday, Unprofessional conduct Revocation of license $3,000 Civil Penalty Bryan Pere Williams, Unprofessional conduct Revocation of license $3,000 Civil Penalty Allan Anthony Barrow, Munford, TN Unprofessional conduct Revocation of license BOARD OF FUNERAL DIRECTORS AND EMBALMERS Cremation & Funeral Services of Tennessee, Pegram, TN An advertisement (brochure) either gave or tended to give the impression that the unlicensed owner was licensed or entitled to practice as a funeral director, the establishment s website quoted prices for packages but did not include an itemized listing of each and every item, procedure, or services along with the price of each item, false or misleading advertising, the establishment operated by a name other than the exact one approved by the Board, and multiple aspects of the establishment s price lists and contract did not comply with the Funeral Rule $750 Civil Penalty

3 Family Mortuary, Inc., Immoral or unprofessional conduct (the establishment used a defective casket for an employee of the establishment who passed away and billed the family for full funeral expenses after they had already informed the family that the establishment would cover all funeral costs) J. E. Herndon Funeral Home, Immoral or unprofessional conduct (the establishment released the cremated remains of a decedent to a family, but it was determined upon opening the cremated remains months later that the urn contained the cremated remains of a different decedent and not the cremated remains that belonged to this particular family) $2,000 Civil Penalty John Carter Jackson, Southaven MS Practiced funeral directing while funeral director license was expired $250 Civil Penalty Thurman Funeral Home, LLC, Sparta, TN Charged more for a particular service than the price reflected on their price list and failed to respond within the time specified after receiving notice of an open complaint BOARD OF EXAMINERS FOR LAND SURVEYORS Phillip Holmes, Lebanon, TN Registration suspended in accordance with Tenn. Code Ann Suspension BOARD FOR LICENSING CONTRACTORS Michael Parker, Parker s Interiors; Unlicensed Activity BURIAL SERVICES CapitalMark Bank & Trust, Chattanooga, TN Trustee disbursed net earnings to a cemetery when the cemetery was not statutory compliant and eligible to receive those funds

4 First Tennessee Bank, N.A., Knoxville, TN An annual trustee report for a cemetery was neither properly completed or filed timely $250 Civil Penalty First Tennessee Bank, N.A., Knoxville, TN An annual report of the trustee was not filed and a separate type annual report of the trustee was not filed timely for the same cemetery $750 Civil Penalty First Tennessee Bank, N.A., Knoxville, TN Trustee failed to file multiple annual reports and disbursed net earnings to a cemetery when the cemetery was not statutory compliant and eligible to receive those funds $1,500 Civil Penalty Graceland Memorial Gardens, Afton, TN Failed to deposit moneys into a trust fund which resulted in a deficiency and failed to make other trust fund deposits timely $750 Civil Penalty and a required deposit of $2, into Merchandise and Services Trust Fund James Tommy Harris, Cookeville, TN Engaged in dishonorable, unethical, or unprofessional conduct of a character likely to defraud, deceive, or harm the public (an audit by a certified public accountant revealed that the licensee/registrant sold numerous preneed funeral contracts that were never deposited into a trust account nor funded by a prearrangement insurance policy, failed to maintain accurate accounts, books, and records of all preneed funeral contracts and prearrangement insurance policy transactions), and provided discounts on preneed funeral contracts Revocation of Preneed Sales Agent Registration Highland Cemetery, Rogersville, TN Failed to maintain records for interments and trust deposits, failed to deposit moneys into trust fund which resulted in a deficiency, failed to use contracts that contained the required disclosures for purchase of interment rights, failed to file trust certification document with trustee, and failed to file annual reports timely $2,500 Civil Penalty

5 Highland Cemetery Company, Inc., Chattanooga, TN Failed to maintain the cemetery in a condition as to reflect respect for the memory of the dead, monuments were damaged, large tracks from heavy equipment were observed across gravesites and markers, failed to deposit moneys into trust timely, failed to use contracts that contained the required disclosures for purchase of interment rights, failed to file trust certification document with trustee, and failed to maintain an active corporate status with the Secretary of State s Office $2,500 Civil Penalty Highland Cemetery Company, Inc., Chattanooga, TN Failed to develop and maintain a master map of the cemetery detailing the location of interment sites and have the map available in the cemetery office for public inspection Home Federal Bank, Knoxville, TN Trustee disbursed net earnings to a cemetery when the cemetery was not statutory compliant and eligible to receive those funds Danton Boyce Ketchum, Franklin, TN Engaged in dishonorable, unethical, or unprofessional conduct of a character likely to defraud, deceive, or harm the public (failed to fully explain pre-existing health condition clauses, failed to check the box indicating whether the contracts were guaranteed or nonguaranteed preneed funeral contracts, and failed to include all merchandise and services needed in the contracts) and assessed $1,500 Investigation Costs Mayes Family Services of Morristown, Morristown, TN Funds from a trust account were withdrawn and used to purchase a prearrangement insurance policy without first obtaining the Commissioner s approval and annual reports were not filed timely McMinn Memory Gardens, Athens, TN Charged fees to consumers in excess of the maximum amount allowed by law, failed to deposit correct amounts into trust funds, failed to either order merchandise or deposit funds into trust timely, failed to properly remit consumer protection fees, and filed an improperly completed annual report

6 Mount Olivet Funeral Home & Cemetery, An employee/agent sold preneed funeral contracts without first registering with the Commissioner as a Preneed Sales Agent, provided discounts on preneed funeral contracts, and failed to maintain sufficient documentation in the file of a decedent Sequatchie Valley Memorial Gardens, Jasper, TN Failed to establish a trust for funeral merchandise, charged fees to a consumer in excess of the maximum amount allowed by law, failed to furnish requested data to the Commissioner, failed to deposit moneys into trust fund which resulted in a deficiency, failed to either order merchandise or deposit funds into trust timely, failed to use contracts that contained the required disclosures for purchase of interment rights and merchandise, failed to file trust certification document with trustee, failed to file annual reports timely, and failed to properly remit consumer protection fees $2,000 Civil Penalty Tate Funeral Home, LLC, Jasper, TN Provided discounts on preneed funeral contracts, failed to maintain sufficient documentation in the file of a decedent, failed to file an annual report, and failed to properly remit consumer protection fees $750 Civil Penalty COLLECTION SERVICES No actions taken. COSMETOLOGY BOARD Suxiao Wu, Unprofessional conduct Revocation of license Mame s Hair Braiding, Unlicensed activity $ Civil Penalty Nails by Mary J, Advertising as mobile salon

7 $ Civil Penalty Hawa Hair Braiding, Unlicensed activity $ Civil Penalty Hair Benders Internationale, Chattanooga, TN Name tag violation; licenses not posted properly; grade sheet not posted; unlicensed activity $1, Civil Penalty Discount Wigs 2, Sanitation violations $ Civil Penalty X Pert Nails, Unlicensed activity; sanitation violations $ Civil Penalty D&D Nail Spa Dieujuste, Smyrna, TN Licenses not properly displayed; sanitation violation $ Civil Penalty Desmond Catron Sr., Operating cosmetology shop with barber shop license $25 Civil Penalty Atena Nails, Unlicensed activity; sanitation violations $ Civil Penalty Trimmers Barber Shop & Styles, Inc., Unlicensed activity; manager not present $ Civil Penalty Signature Nails Spa, Unlicensed activity $ Civil Penalty GEOLOGY REGISTRATION PROGRAM No actions taken.

8 HOME INSPECTOR LICENSING PROGRAM Tarek E. Salem, Mount Juliet, TN Respondent failed to describe heating equipment and distribution type, and failed to state whether a deficiency required repair or subsequent observation within the inspection report Tim White, Clinton, TN Unlicensed Practice $250 Civil Penalty Christopher P. Vick, Spring Hill, TN Failed to fully comply with Final Order terms Suspension for three days of his home inspector license LOCKSMITH LICENSING PROGRAM Mooney s Locksmith Services, LSC-87; Humboldt, TN Working unlicensed Locksmith $250 Civil Penalty MOTOR VEHICLE COMMISSION Abe s Motors, Open Title Twin City Mazda, Alcoa, TN Employing Unlicensed Salespeople/Unlicensed Activity $9,000 Civil Penalty Ace Auto Sales, Inc., Springfield, TN Open Title D & T Auto Sales, Knoxville, TN Unlicensed Activity $1,500 Civil Penalty A.A.A. Auto Sales, Expired Business License and Open Title $750 Civil Penalty

9 Hyundai of Cool Springs, Franklin, TN Temporary Tag Log Violation Edwards East Sales, Madisonville, TN No Signage, No Land Line and No Posted Hours $750 Civil Penalty Springfield Auto Transmission & Repair, Springfield, TN Temporary Tag Log Violation Providence Auto Group, LLC, Franklin, TN Open Title Violation Cornerstone Auto Brokers, LLC, Chattanooga, TN Temporary Tag Log Violation $2,000 Civil Penalty Universal Kia, Franklin, TN Temporary Tag Log Violation Lakeside Auto Sales, Manchester, TN County Business License Expired $250 Civil Penalty Music City Motorsports, False Application and Unlicensed Activity $6,000 Civil Penalty Airport Auto Brokers, Chattanooga, TN Temporary Tag Violation $2,500 Civil Penalty GT Automotive Group, Goodlettsville, TN Buyer s Guide Violation Bradley Motors, Waverly, TN Temporary Tag Violation $1,500 Civil Penalty River City Car Exchange, LLC, Chattanooga, TN Issuance of a False Temporary Tag

10 $700 Civil Penalty Amigo s Auto Sales & Repair, Murfreesboro, TN Expired City and County Business License Green Ride, Inc., Temporary Tag Violation, Temporary Tag Log Violation and Failure to Respond to Commission $3,250 Civil Penalty Universal Kia, Madison, TN Unlicensed Salesperson Crown of Cleveland, LLC, Cleveland, TN Temporary Tag Log, Issuing More Than Two Temporary Tags and Failure to Timely Discharge Lien $2,500 Civil Penalty PRIVATE INVESTIGATION & POLYGRAPH COMMISSION William Curtis Burkett, PI-6495; Clinton, TN and Burkett & Associates Investigations, PIC-1609; Clinton, TN Accepting payment for services not rendered Revocation Clata Renee Brewer, PI-6727; Hendersonville, TN Failure to notify the Commission of an arrest $125 Civil Penalty Prinow Investigations, PIC-1941; Hendersonville, TN Failure to notify the Commission of an arrest $125 Civil Penalty PRIVATE PROBATION SERVICES COUNCIL No actions taken. PRIVATE PROTECTIVE SERVICES Jason Randall Hammonds, AG ; Kingsport, TN Working as security officer without being registered $1,200 Civil Penalty

11 Seith Eric Hensley, UG ; Antioch, TN Failure to notify of arrest $200 Civil Penalty Brenn Huntsman, AG ; Cottontown, TN Failure to notify of arrest $200 Civil Penalty A&S Protection Security; Unlicensed activity $425 Civil Penalty RACE TRACK LICENSING PROGRAM No actions taken. REAL ESTATE APPRAISERS No actions taken. REAL ESTATE COMMISSION Grantland Grant W. Hammond, Brentwood, TN. Failure to timely disburse/interplead earnest money, attend one regularly scheduled two-day commission meeting Michael Conway, Cordova, TN. Unlicensed activity $2,000 Civil Penalty Diana Carol Richards, Brentwood, TN. Failure to adequately supervise activities of affiliates (Advertising), attend one regularly scheduled two-day Commission meeting Deanna Dawn Stephenson, Covington, GA. Failing, within a reasonable time, to account for or to remit moneys belonging to others; Accepting a commission or consideration from any person except broker; Unlicensed firm; Failure to respond to a complaint filed with the Commission; Engaging in real estate activities with retired license; Failure to timely account for trust fund deposits and all other property received from any party to the transaction Revoke License

12 Verisa D. Reynolds, Clarksville, TN. Failure to adequately supervise activities of affiliates, attend one regularly scheduled two-day Commission meeting Ronald Wayne Reynolds, II, Failure to maintain Errors and Omissions insurance $1,100 Penalty Fee, provided proof of errors and omissions ins. Joseph Thomas Valenti, Failure to timely complete required education $600 Civil Penalty Carla Faye Torkelson, Hendersonville, TN Failure to timely complete required education $600 Civil Penalty SCRAP METAL DEALERS No actions taken. SOIL SCIENTISTS No actions taken. The following individuals have had their licenses suspended in accordance with Tenn. Code Ann or Tenn. Code Ann : Alarm Systems Contractors Antonio Agnew Cleveland Jones Barber Board Rodney Hess Cookeville, TN Board of Cosmetology Lara Brito Angela Gardner-Blackmore Audra Baillie Wilenceia Douglas Goodlettsville, TN Lafayette, TN

13 Toya Hawkins Edith Morton Chandra Wilson Sherika Bowden Shawnia Davis Jasper Dowdy Virginia Glenn Uyvonka Grice Kenya Moolenaar Columbia, TN Shelbyville, TN Fresno, CA Cordova, TN Mt. Juliet, TN Burial Services Paula G. Lindsey Taswan N. Mims Columbia, TN Knoxville, TN Locksmith Licensing Program John Muir Larry Roberts Mt. Juliet, TN White House, TN Motor Vehicle Commission Bryan Loveday Phillip Roberts Robert Stence Lasharia Williams Mary Nash Marcus Kilgore Kodak, TN Cordova, TN Cleveland, TN Union City, TN Cookeville, TN Apison, TN Private Protective Services Armed Guards: Yazid Al-Khaafidh Bartlett, TN Bill Barham Michael Beck Jerry Bobo Andre Brooks Jermald Butler Bartlett, TN Stevon Campbell Bobby Causey A. Cunningham Alex Dixon Shana Dodd Murfreesboro, TN Steven Dortch Frederick Dunn Jamarcus Evans Elvino Evans Munford, TN

14 Kevin Evans Eric Farmer Donald Garrett Keith Grant Christopher Green Tony Greer Kenneth Hailey Isadore Harris Arsenio Hobson Arthur Howard Jefferey Isbell Andre Johnson James Keeton Tyrone Leavells Andrew Lee Joe Levy William Lewis Plato Lewis Daniel Mason Demonta McKell Timmy McKenney Robert McKinney Michael Moore Jacques Morris James Muckle Charles Neal Lonnie Norton Darryl Palmer Michael Randle Lee Short Joshua Simmons Leroy Snell Jerry Strong Christopher Taylor Daman Thomas Joseph Tortorice Darrin Trent James Valentine Louis Walker Marcus Walker Gerald White Jonathan White Jonathan Wilkerson Kenneth Wilson Roderic Yelvington State Certified Trainers: James Keeton Bartlett, TN Chattanooga, TN Southaven, MS Chattanooga, TN Piney Flats, TN Hernando, MS Millington, TN Hermitage, TN Madison, TN Brighton, TN Horn Lake, MS LaVergne, TN Cordova, TN Corryton, TN Antioch, TN Medon, TN Piney Flats, TN

15 Unarmed Guards: Jamal Banks Johnathon Batey Darshawn Booker Davy Boone Daron Boyce Joseph Brown Rhonda Burson Jesse Bush Aaron Carney Zucchineus Carruth Hiram Clark Norman Coe Jeremiah Crenshaw Jason Curtis Orlandos Embry Josten Finley Michael Frazier Terrance Gaither Lageorgio Granderson Robert Green Joshua Haley Clarence Hardrick Maurice Hayes Michael Holland Jerome Hughes Justen Hyman Harold Jackson Antonio Johnson Courtsey Johnson Donyell Jones Robert Killion Katrina King Demarrious Malone Marcus Mayes John Miles Antonio Morales Quinton Morgan Samone Nelson William Parr Bryant Phillips Debra Pruett Tyrone Rogers Bobby Sample Robert Scott Travis Seals Darrell Smith Christopher Smith Alexander Smith Idlewild, TN Lupton City, TN Knoxville, TN Humboldt, TN Spring Hill, TN Covington, TN Batesville, MS Chattanooga, TN Murfreesboro, TN Knoxville, TN Millington, TN Auburn, MI Chattanooga, TN

16 Christopher Stewart Shed Sutherland Shawn Sutton Jarvis Taylor Clarence Taylor Carlos Thirsty Ronald Thomas Jeremy Vincent Michael Walker Stanley Williams Jonathan Williams Agnes Wilson Jermaine Wynn Smyrna, TN Brownsville, TN White House, TN Cordova, TN Real Estate Commission Mary Anne Simmons Robert C. Wang Sammy Ford Mackie Edward Shelton Robert C. Davis Lexington, KY Prospect, KY Mount Vernon, KY Scottsville, KY Albany, KY The Department of Commerce and Insurance works to protect consumers while ensuring fair competition for industries and professionals who do business in (Twitter), (Facebook), (YouTube)