FEBRUARY 2012 DISCIPLINARY ACTION REPORT



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FOR IMMEDIATE RELEASE CONTACT: D. CHRISTOPHER GARRETT OR SHANNON ASHFORD 615-741-6007 (OFFICE) FEBRUARY 2012 DISCIPLINARY ACTION REPORT Alarm Systems Contractors Board AES-RLC Holdings, Inc., C-1026 Hixon, TN TCA 62-32-312 (c), (d) & 62-32-319(2), (3) Failure to register alarm employee within $1,400 Civil Penalty plus $100 Investigatory and Hearing costs N-Control Surveillance Systems, Murfreesboro, TN TCA 62-32-303(2) & 62-32- 304(a) & (k) Unlicensed activity $2,000 Civil Penalty plus $360 investigatory and hearing costs SimplexGrinnell, LP, C-985, Johnson City, TN TCA 62-32-307(d) & 62-32-312(a), (c), (d) Failure to register alarm employee within $200 Civil Penalty Superior Alarm Services, Bossier City, LA TCA 62-32-303(2), 62-32-304 (a),(b),(h),(j), & 62-32-312(c),(d) Unlicensed activity $18,000 Civil Penalty plus $1,570 Investigatory and Hearing costs Telerent Leasing Corp., C-1311, Raleigh, NC TCA 62-32-304(b),(c),(h) & Rule 0090-1-.05(6),(7),(8) failure to obtain a substitute qualifying agent within. $2,500 Civil Penalty Cravens, Ronald W., QA-1193, Murfreesboro, TN TCA 62-32-312(c),(d), & Rule 0090-01-.06(9)(e) Failure to register alarm employee within $100 Civil Penalty plus $200 investigatory and hearing costs DAVY CROCKET TOWER, 12th FLOOR 500 JAMES ROBERTSON PARKWAY NASHVILLE, TN 37243 www.tn.gov/commerce/

Harris, Robert E., QA-638, Knoxville, TN TCA 62-32-303(2), 62-32-304 (a),( j),(k)& 62-32-312(c),(d) Unlicensed activity $2,000 Civil Penalty Johnson, Kyle M., QA-1310, Cumming, GA Rule 0090-01-.06(9)(e) Failure to register alarm employee within $1,400 Civil Penalty plus $100 investigatory and hearing costs Lovell, James R., QA-307, Nashville, TN Rule 0090-01-.06(9)(k) Failure to submit termination notice within $100 Civil Penalty Rodriguez, Linda M., QA-1436, Cypress, CA Rule 0090-01-.06(9)(k) Failure to submit termination notice within $100 Civil Penalty Scheberle, Paul W., QA-1157, Knoxville, TN Rule 0090-01-.06(9)(k) Failure to submit termination notice within $100 Civil Penalty Shafer, John P., QA-1258, Franklin, TN TCA 62-32-319(d) & Rule 0090-1-.07 Failure to place certificate number on yard signs $100 Civil Penalty Smith, Sidney S., QA-1480, Apex, NC Rule 0090-01-.06(9)(k) Failure to submit termination notice within $50 Civil Penalty Tupy, Michael A., QA-970, Provo, UT Rule 0090-01-.06(9)(k) Failure to submit termination notice within $600 Civil Penalty Board of Accountancy Anita B. Lavallee Failure to Pay Professional Privilege Tax $500.00 Civil Penalty, Hearing Costs of $200.00

David W. McAdams Advertising as a CPA with a Closed License $2,010.00 Civil Penalty, Past Due Fees of $890.00, Hearing $200.00, Reinstate License to Inactive Status Howard L. Mercer IRS Sanctions $1,700.00 Civil Penalty, Probation Jamie Estes Singleton Failure to File Personal and Business Income Tax $1,500.00 Civil Penalty, 2 Hours of State-Specific CPE, Probation, Public Censure by Board Richard C. Vance Failure to Pay Professional Privilege Tax $500.00 Civil Penalty,Past Due Privilege Tax, & Hearing Costs of $200.00 Board For Licensing Contractors John T. Caston, Murfreesboro, TN David Gaut Construction LLC, Dandridge, TN Incompetence/Gross Negligence Landscapes Etc. LLC/Matthew Tiemeyer, Louisville, TN $5,000 Civil Penalty Professional Maintenance Group LLC, Nashville, TN $1,000 Civil Penalty RT Roofing, Batesville, MS Safe Step Walk In Tub Co., Nashville, TN Failure to secure permit; Failure to employ a licensed electrician to perform electrical work $1,000 Civil Penalty Scott Steele Cleaning & Restoration LLC, Millersville, TN $1,606 Final Order (Assessed Costs in Matter)

Collection Services Board Amsher Collection Services, Inc. Failed to meet the Standards of Conduct $1,000.00 Civil Penalty and Consent Order Troy Capital, LLC Failed to meet the Standards of Conduct and unlicensed activity $1,000.00 Civil Penalty and Consent Order Taylor, Reed and Sloan, Inc. Failed to meet the Standards of Conduct and unlicensed activity $1,000.00 Civil Penalty and Consent Order Vision Financial Corp. Failed to respond to complaint $250.00 Civil Penalty and Consent Order Cosmetology Board All Star Nails, Jacksboro, TN All Star Nails, Kingsport, TN Not wearing name tags Ann s Nails, Germantown, TN Complaint filed against shop $1000.00 Civil Penalty Assessed Ashland Nails, Ashland City, TN, floors dirty in shop $1000.00 Civil Penalty Assessed Best Nails, Memphis, TN, name tags, sterilization and sanitation

Eleganzza Salon & Spa, Memphis, TN Eva Nails, Murfreesboro, TN Sterilization, sanitation of the shop, wax machine in the shop Great Clips for Hair #4405, Murfreesboro, TN Cosmetologist license not posted and was expired Laura s Beauty Shop, Parrottsville, TN Shop and cosmetologist license was expired Lee s Salon, Clarksville, TN Cosmetologist working without id tag and license expired Le s Nails, Hendersonville, TN No id tags Main Street Hair Designs, Mosheim, TN Expired cosmetologist license Music City Nails, Nashville, TN s Nail Spa, Dyersburg, TN Nail by Jordan, Morristown, TN Nails by Stephanie, Hendersonville, TN Expired shop license Nails 88, Clarksville, TN

Rose s Nails, Memphis, TN Performing waxing in a manicure shop, no name tags, no manager Spa Nail Salon, Nashville, TN s $3500.00 Civil Penalty Assessed Spa Nails, Memphis, TN, no name tags Sweeting s Cosmetology Braiding Institute, Antioch, TN Client was receiving cosmetology service in the school while no students were present and receiving instruction in the school. $1000.00 Civil Penalty Assessed The Hair Gallery, Clarksville, TN Expired shop license TN Nails, Gallatin, TN Waxing in a manicure shop $3000.00 Civil Penalty Assessed Mchaealle Vanderpool, Nashville, TN Change of shop location without notification Ziba International, Nashville, TN $1000.00 Civil Penalty Assessed Board of Funeral Directors and Embalmers Brentwood-Roesch-Patton Funeral Home, Brentwood, TN Misrepresentation or fraud in the conduct of the business of the funeral establishment (any advertisement that indicates a specific price shall include an itemized listing of each and every item, procedure or service and shall show the price of the item) and false or misleading advertising (advertisement stated that all services were handled on-site but this establishment neither possesses an on-site crematory or refrigeration unit)

Chattanooga Funeral Home & Crematory North Chapel, Hixson, TN Engaged in act or practice that is misleading or deceptive (charged an extra fee for an item already included in a direct cremation price), a cremation authorization form was not signed by a funeral director but instead by an apprentice and a Funeral Rule violation regarding the establishment s contract $750 Civil Penalty Cremation and Funeral Services of Nashville, LLC, Nashville, TN False or misleading advertising (copying the overall design and layout of a competitor s website including using the competitor s name and a quote from the competitor s customer) and failure to respond to a complaint from the Board within the time specified $1000 Civil Penalty Cremation Society of Tennessee Maury County, Columbia, TN Misrepresentation or fraud in the conduct of business of a funeral establishment (ran a price comparison advertisement in a local publication for this establishment and three competitors and the advertisement contained wording giving the public the impression that the State Board provided information contained therein) $1000 Civil Penalty Jim Rush Funeral Homes, Cleveland, TN A cremation authorization form failed to disclose the name, address and phone number of the crematory used, another cremation form failed to be signed by a funeral director and a Funeral Rule violation regarding an embalming disclosure on the establishment s contract Legacy Funeral Home and Cremation Center, Inc., Soddy Daisy, TN Engaged in act or practice that is misleading or deceptive (charged a fee on the contract for an item not furnished) and a cremation authorization form lacked the proper signature of a funeral director $750 Civil Penalty and reimburse decedent s family $2085, the amount overcharged R. S. Lewis & Sons Funeral Home, Memphis, TN Engaged in the operation of a funeral establishment and conducted numerous funeral services while license expired and failed to respond to a complaint from the Board within the time specified $1650 Civil Penalty

Shackelford Funeral Directors, Savannah, TN Aided and abetted an unlicensed person to practice within the funeral profession (an apprentice signed a cremation authorization form and numerous contracts as a funeral director while only registered with the Board as a student) $1500 Civil Penalty Unicoi Funeral Home, Unicoi, TN Engaged in unfair or deceptive acts or practices (charged a handling fee for merchandise purchased from a third party which is prohibited by the Funeral Rule and overcharged for goods and services as establishment provided the customer with two separate contracts with two different prices) $1000 Civil Penalty Home Inspector Licensing Program Christopher Parsons, South Haven, MS Failure to submit current General Liability and Errors and Omissions insurance. Signed Consent Revocation Order Motor Vehicle Commission Tate s Auto Sales, Jasper, TN County Business License Expired East TN Dodge-Chrysler-Plymouth-Jeep, Crossville, TN Temporary Tag Log Enterprise Rent-A-Car Company of TN, Knoxville, TN Temporary Tag Log Parkside Auto Superstore, Knoxville, TN /Advertising Violation $5000 Civil Penalty U.S. Auto Sales, Inc., McMinnville, TN Temporary Tag Log $2000 Civil Penalty Town s Auto Sales, LLC Nashville, TN Non-disclosure of Salvaged Title $1000 Civil Penalty

Pedro s Auto Sales, Inc. II, Nashville, TN $15000 Civil Penalty Travis Company, Lebanon, TN No Business Hours Posted Winter s Auto Center, Knoxville, TN Issuing More Than Two Temporary Tags Pirtle & Howerton Automotive, Shelbyville, TN Advertising Violation Private Protective Security Services Harris, Derek A.,AG-608568, Memphis, TN TCA 62-35-120(b) Failure to notify of arrest within Real Estate Appraisers David S. Landes, Knoxville, TN Respondent committed a large number of serious violations of USPAP in his 2 appraisals of a residential property - including an unclear identification of the subject property; an inconsistency between current neighborhood listing data reported on p. 2 of his URAR and that reported on his Form 1004MC; inconsistent application of location and age adjustments and failure to account or adjust for superior features of the comparables in the sales comparison approach; failure to comply with applicable assignment conditions of the client; and a lack of support in his work file for the subject s reported site value. Imposition of Probation for 18 months, and assessment of all investigatory and hearing costs. Probation requires Respondent to complete 30 hours of corrective education, and to submit 2 appraisal reports for review from his experience logs as requested by Executive Director. Jerry Ronald Wright, Old Hickory, TN The sales comparison analysis, site value and cost approach were not adequately supported in an appraisal report. Fifteen (15) hour Site Valuation and Cost Approach course and a seven (7) hour Report Writing course.

Gregory T. Underwood, Ooltewah, TN The Respondent exceeded the license limits for a Certified Residential appraiser and failed to adequately describe the property history information and land description in an appraisal report. $1500.00 civil penalty and a fifteen (15) hour USPAP course and a fifteen (15) hour Basic Appraisal Procedures course. Patrick Peters, Bartlett, TN The sales contract, previous listing, neighborhood housing trends and the sales used were inadequately analyzed. $500.00 civil penalty and a fifteen (15) hour Data Verification course and a fifteen (15) hour Site Valuation and Cost course. Donald W. Chandler, Walland, TN The analysis of the sale contract, neighborhood sections and the sales comparison approach was inadequate. The report also failed to discuss any reconciliation that derived the indicated value. $500.00 civil penalty and a thirty (30) hour Sales Comparison Approach course. Real Estate Commission: Donna L. Bobo, Memphis, TN Conduct which constitutes improper, fraudulent or dishonest dealing Revocation Charter Properties, LLC, Fairview, TN Escrow account violation CPS Land, LLC, Brentwood, TN Escrow account violation Ray G. Ishak, Knoxville, TN Failure to timely complete required education $350 Civil Penalty Norfolk Realty Limited, Franklin, TN Sign violation Prominent Realty Group, Brentwood, TN Escrow account violation

Ben Roberts, Jackson, TN Advertising violation Julius Sloss, Mt. Juliet, TN Failure to timely complete required education $600 Civil Penalty Mitanni R. Spruill, Memphis, TN Failure to timely complete required education $600 Civil Penalty Penny A. Tenpenny, Nashville, TN Failure to exercise reasonable skill and care $200 Civil Penalty Wealth Properties, Brentwood, TN Escrow account violation WPI, D/B/A American Home Real Estate, LLC, Nashville, TN Escrow account violation 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)