Document 6463408

FOR IMMEDIATE RELEASE
CONTACT: D. Christopher Garrett
615.741.6007 (office)
REGULATORY BOARDS DISCIPLINARY ACTION REPORT
October 2011
Accountancy Board
Respondent:
Violation:
Action:
Chad Keith Fooshee, Birmingham, AL
Failure to Comply With CPE Audit, Failure to Notify
Board of Revocation of Mississippi license
Revocation of License; Civil Penalty of $2500.00;
Costs of $946.39
Respondent:
Violation:
Action:
W. David Pearson, Jackson, TN
Failure to Comply With CPE Audit
Suspension of License Until Compliant with Consent Order;
$750.00 Civil Penalty; $200.00 Costs; 70 CPE Hours for
2008/2009 Reporting Period
Respondent:
Violation:
Action:
Luther C. Speight III, CPA and Consulting, PLC, Memphis, TN
Operating on an Expired Firm Permit
$1000.00 Civil Penalty; Reinstate Firm Permit
Alarm Systems Contractors Board
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Security Solutions, Inc., C-1140, Cordova, TN
TCA 62-32-312 (a), (c) & (d) and rule 0090-1-.05 Failure to register
alarm employees within thirty (30) days
$1,300 Civil Penalty
Deroche, Dera, QA-1000, Monroe, LA
Rule 0090-1-.06 (9) (k) Failure to submit termination notice
for alarm employees within thirty (30) days
$150 Civil Penalty
Holloway, Dan, QA-34, Knoxville, TN
Rule 0090-1-.06 (9) (k) Failure to submit termination notice
for alarm employees within thirty (30) days
$50 Civil Penalty
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Hoskins, Dan, QA-479, Knoxville, TN
Rule 0090-1-.06 (9) (k) Failure to submit termination notice
for alarm employees within thirty (30) days
$100 Civil Penalty
Lupo, Robert, QA-146, Huntsville, AL
Rule 0090-1-.06 (9) (k) Failure to submit termination notice
for alarm employees within thirty (30) days
$50 Civil Penalty
Miller, Jack, QA-620, Antioch, TN
Rule 0090-1-.06 (9) (k) Failure to submit termination notice
for alarm employees within thirty (30) days
$50 Civil Penalty
Miskulin, Joseph, QA-1003, Bloomington, IL
Rule 0090-1-.06 (9) (k) Failure to submit termination notice
for alarm employees within thirty (30) days
$50 Civil Penalty
Reid, Ryan, QA-877, Brentwood, TN
Rule 0090-1-.06 (9) (k) Failure to submit termination notice
for alarm employees within thirty (30) days
$50 Civil Penalty
Roberts, McKenzie, QA-001, McMinnville, TN
Rule 0090-1-.06 (9) (k) Failure to submit termination notice
for alarm employees within thirty (30) days
$150 Civil Penalty
Simons, Howard, QA-212, Hunt Valley, MD
Rule 0090-1-.06 (9) (k) Failure to submit termination notice
for alarm employees within thirty (30) days
$150 Civil Penalty
Smith, Donald, QA-1063, Fort Oglethorpe, GA
Rule 0090-1-.06 (9) (k) Failure to submit termination notice
for alarm employees within thirty (30) days
$50 Civil Penalty
Starr, Leon, RE-283, Nashville, TN
TCA 62-32-319 (b) (9) Misconduct, gross negligence or
incompetence
Registration Suspended August 8, 2011 – November 8, 2011
Probation November 8, 2011 – August 8, 2012
Board of Funeral Directors and Embalmers
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Jacob Donald Burke, Oneida, TN
Admitted to embezzling funds from his employer and a check for
the renewal payment of license fee was returned to the Board
unpaid due to insufficient funds
Revocation of license as a funeral director
E. H. Ford Mortuary Services, Memphis, TN
Operated an establishment on numerous occasions during the
period that the license of the funeral director in charge was expired
$4600 Civil Penalty and an additional $200 for Administrative Costs
Board for Licensing Contractors
Respondent:
Violation:
Action:
Airtek Construction, Inc., Troy, AL
Unlicensed Activity
$1,000 Civil Penalty
Respondent:
Violation:
Action:
Done Rite Roofing and Restoration, Olive Branch, MS
Unlicensed Activity
$3,000 Civil Penalty
Respondent:
Violation:
Action:
Larry Hoffmeister, Knoxville, TN
Exceeding Limit
$500 Civil Penalty
Respondent:
Violation:
Action:
Juan Ortiz DBA JA Construction & Renovation, Madison, TN
Unlicensed Activity
$500 Civil Penalty
Burial Services
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Citizens Savings Bank & Trust Company, Trustee, Nashville, TN
Discrepancies between trustee and cemetery company reports,
trustee improperly listed the cemetery manager as the contact
person on trustee report and failed to list the correct contact
information for the trustee’s proper representative
$1500 Civil Penalty
Beneatha Sarnee Fields, Antioch, TN
Solicited, sold or negotiated prearrangement insurance policies
without first being registered with the Commissioner as a preneed
sales agent
$500 Civil Penalty
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Highland Memorial Gardens, Jackson, TN
Numerous deposits to Improvement Care Trust Fund were not
made within the time required by law, some deposits lacked
sufficient information to determine their status, numerous deposits
to the Merchandise and Services Trust Fund were not made within
the time required by law, failed to deposit the memorial care funds
for commodities sold in multiple years and failed to file reports
within the time required by law
$2500 Civil Penalty
Memorial Park South Woods, Memphis, TN
Failed on multiple occasions in making timely deposits to the
Improvement Care Trust Fund and failed to file reports within the
time required by law
$1000 Civil Penalty
Memorial Park South Woods, Memphis, TN
Numerous deposits to Improvement Care Trust Fund were not
made within the time required by law and multiple deposits to the
Merchandise and Services Trust Fund were not made within the
time required by law
$2000 Civil Penalty
Ridgecrest Cemetery, Jackson, TN
Numerous deposits to Improvement Care Trust Fund were not
made within the time required by law, numerous deposits to the
Merchandise and Services Trust Fund were not made within the
time required by law, failed to deposit the memorial care funds for
commodities sold in multiple years and failed to file reports within
the time required by law
$2500 Civil Penalty
Cosmetology Board
Respondent:
Violation:
Action:
Avalon Nails, Knoxville, TN
Unlicensed individuals and wax machine in the shop
$3000.00 Civil Penalty Assessed
Motor Vehicle Commission
Respondent:
Violation:
Action:
CC Used Cars, Knoxville, TN
Temporary Tag Log Violation
$500 Civil Penalty
Respondent:
Violation:
Action:
Allright Auto Sales, Knoxville, TN
Posted Hours and City and State Sales Tax
$1500 Civil Penalty
Respondent:
Violation:
Action:
Lewisburg Auto Cars, Lewisburg, TN
Failure to Identify as a Dealer and No Stock Numbers
$1000 Civil Penalty
Respondent:
Violation:
Action:
TN Auto Sales, Inc., Nashville, TN
Temporary Tag Log and No Buyer’s Guides in Vehicle
$1000 Civil Penalty
Respondent:
Violation:
Action:
Victory Nissan West, Dickson, TN
Advertising Violation
$1000 Civil Penalty
Respondent:
Violation:
Action:
Victory Honda of Jackson, Jackson, TN
Deceptive Acts
$5000 Civil Penalty
Respondent:
Violation:
Action:
Ivy Bluff Auto Salvage, Morrison, TN
Business Records
$1000 Civil Penalty
Respondent:
Violation:
Action:
Goose Creek Auto Salvage, Shelbyville, TN
Open Title and Failure to Maintain Business Records
$2000 Civil Penalty
Respondent:
Violation:
Action:
Jerry Johnson Auto Sales, Lebanon, TN
Failure to Maintain Business Records & Temp Tag
$1000 Civil Penalty
Respondent:
Violation:
Action:
Trinity Automotive, Nashville, TN
Issuing More Than Two Temporary Tags
$500 Civil Penalty
Respondent:
Violation:
Action:
Steven Hines, Lawrenceburg, TN
Unlicensed Activity
$500 Civil Penalty
Private Protective Security Services
Respondent:
Violation:
Action:
Jackson, Rodney, AG-608019, Memphis, TN
TCA 62-35-120(b) Failure to notify of arrest within thirty (30) days
$100 Civil Penalty
Respondent:
Violation:
Action:
Stooksbury, Edward , AG-606153, Knoxville, TN
TCA 62-35-104 Working for unlicensed Proprietary Security
Company
$500 Civil Penalty
Respondent:
Violation:
Action:
Dempsey, Paul, UG-3344905, Chickamauga, GA
TCA 62-35-120 (b) & 62-35-130(a) Failure to notify of conviction
Revocation
Respondent:
Violation:
Action:
Sharp, Travis, UG-402453 , Lewisburg, TN
TCA 62-35-120 (b) Failure to notify of arrest within thirty (30) days
$250 Civil Penalty
Real Estate Appraisers
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Respondent:
Violation:
Action:
Adam C. Tauscher, Kodak, TN
In an appraisal report the Respondent failed to include significant
relevant data and there were no discussions or analysis of
the reconciliation that derived the indicated Sales Comparison
Approach.
$500.00 civil penalty and a 15 hour Residential Report Writing
Course.
John M. Steuart, Collierville, TN
In an appraisal report the Respondent failed to include accurate
market value of the subject, and one the sales history was not
analyzed.
$500.00 civil penalty and a 7 hour continuing education course on
FHA Guidelines.
Carol A. Smith, Counce, TN
In one residential appraisal report, Respondent committed multiple
and serious errors in her legal description of the subject and the
subject’s neighborhood, in the site and description of improvements
section, and in the sales comparison and cost approaches which
indicated gross negligence in the performance of appraisals. The
Commission found aggravating her substantial and recent prior
disciplinary history, including three sanctions (two imposing
suspension) since late 2008.
Revocation of certified residential certificate and assessment of all
investigatory and hearing costs.
Real Estate Commission:
Respondent:
Violation:
Action:
Linda G. Allen, Knoxville, TN
Failure to maintain E&O insurance
$1200 Civil Penalty
Respondent:
Violation:
Action:
Michael David Allen, Knoxville, TN
Failure supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Robert A. Allen, Memphis, TN
Failure supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
David Alley, Jr., Knoxville, TN
Failure supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Kelly Snider Baker, Knoxville, TN
Failure supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Lori D. Barlow, Knoxville, TN
Failure to maintain E&O insurance
$530 Civil Penalty
Respondent:
Violation:
Action:
Kevin J. Bisceglia, Middlesboro, KY
Failure supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Robert Burns, Nashville, TN
Failure supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Charles “Ken” Cole, Pigeon Forge, TN
Failure to maintain E&O insurance
$1000 Civil Penalty
Respondent:
Violation:
Action:
LaShanya Y. Cooley, Memphis, TN
Failure to maintain E&O insurance
$1000 Civil Penalty
Respondent:
Violation:
Action:
Glenn N. Dinofer, Blackshear, GA
Failure to maintain E&O insurance
Surrendered license
Respondent:
Violation:
Action:
David M. Dixon, Gatlinburg, TN
Failure to supervise activities of affiliates (E&O)
$3000 Civil Penalty
Respondent:
Violation:
Action:
Travis L. Earls, Morristown, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Michael S. Elting, Atlanta, GA
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Cindy Garvey, Franklin, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Gary M. Griffey, Clarksville, TN
(1) Conduct which constitutes improper, fraudulent or dishonest
dealing (2) Failure to timely submit monies belonging to others
$5000 Civil Penalty and 1 year license suspension
Respondent:
Violation:
Action:
Nancy H. Grinstead, Sevierville, TN
Failure to timely complete required education
$400 Civil Penalty
Respondent:
Violation:
Action:
Jeffrey A. Hale, Chattanooga, TN
Failure to maintain E&O insurance
$1000 Civil Penalty
Respondent:
Violation:
Action:
Glenard F. Harrington, Knoxville, TN
Failure to maintain E&O insurance
Surrendered license
Respondent:
Violation:
Action:
Roy G. Helms, Morristown, TN
Failure to maintain E&O insurance
$1000 Civil Penalty
Respondent:
Violation:
Action:
John Perry Horton, Huntsville, AL
Failure to maintain E&O insurance
Surrendered license
Respondent:
Violation:
Action:
John K. Hyneman, Memphis, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Nina F. Thompson-Irvin, Southaven, MS
Failure to maintain E&O insurance
$1000 Civil Penalty
Respondent:
Violation:
Action:
Clay I. James, Newport, TN
Failure to maintain E&O insurance
Surrendered license
Respondent:
Violation:
Action:
Lawrence Johnson III, Memphis, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Leslie G. Kennedy, Sevierville, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Robert “Bob” F. Lamb, Murfreesboro, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Timothy M. Lane, McDonald, TN
Failure to maintain E&O insurance
$1000 Civil Penalty
Respondent:
Violation:
Action:
Cathy S. Langbehn, Middlesboro, KY
Failure to maintain E&O insurance
$1000 Civil Penalty
Respondent:
Violation:
Action:
Linda M. Lester, Abingdon, VA
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Andrea V. Mahan, Butler, TN
Failure to supervise activities of affiliates (E&O)
$2000 Civil Penalty
Respondent:
Violation:
Action:
Donna Nalley, Chattanooga, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Scott G. Oglesby, Bartlow, FL
Failure to maintain E&O insurance
$1000 Civil Penalty
Respondent:
Violation:
Action:
Daniel K. Parker, East Ellijay, GA
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Willis B. Payne, Kingsport, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Laura R. Peterson, Chattanooga, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Sharon D. Phillips, Butler, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
James Pickel, Sevierville, TN
Failure to maintain E&O insurance
$1000 Civil Penalty
Respondent:
Violation:
Action:
James E. Pratt, Jr., Chattanooga, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Phillip K. Rosenblum, Franklin, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Pamela “Pam” D. Sanders, Athens, AL
Failure to maintain E&O insurance
Surrendered license
Respondent:
Violation:
Action:
Jeffrey M. Schoenfield, Gatlinburg, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
John T. Shelton, Brentwood, TN
Failure to supervise activities of affiliates (E&O)
$2000 Civil Penalty
Respondent:
Violation:
Action:
Maximilian “Max” C. Smith, Nashville, TN
Failure to maintain E&O insurance
$1000 Civil Penalty
Respondent:
Violation:
Action:
Pamela “Pam” S. Teller, Hendersonville, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Dona Tippett, Memphis, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
John C. Trotter, Knoxville, TN
Failure to supervise activities of affiliates (E&O)
$1000 Civil Penalty
Respondent:
Violation:
Action:
Peter K. Warui, Memphis, TN
Failure to timely complete administrative measures
$250 Civil Penalty
Respondent:
Violation:
Action:
Brian K. Williams, Lexington, TN
Failure to timely complete required education
$600 Civil Penalty