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
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