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									                                                                 Department of Commerce and Insurance

Volume 15 / Number 4                      An Official Publication of the Tennessee Real Estate Commission                      Summer 2007

               In This Edition                             Governor Bredesen Appoints
     Cover Tennessee............................2            David Flitcroft to TREC
     Disciplinary Actions.......................3
                                                                                                                      applied to law schools in
     Commission Recognizes Barney                       D    avid L. Flitcroft was
                                                             born in southwest
                                                        Oregon. Graduating
                                                                                                                      the Southeast.
                                                        from the University of                                        He selected the
     Commissioners Attend ARELLO                        Oregon in Eugene with                                         University of Tennessee,
     Meeting........................................5   a degree in Secondary                                         primarily because he
                                                        Education, he had                                             was eager to start law
     Notes from the Commission ...........5             intended to become a                                          school (UT had a
                                                        history teacher but                                           summer program), but
     Commission To Proceed with Rules .6                                                                              also because he had
                                                        when national priorities
                                                        changed he found                                              fallen in love with the
     Requests from Commission.............6
                                                        himself in the armed                                          Great Smoky Mountains
                                                        forces. He served in the                                      National Park.
                                                        U.S. Navy for four years with two tours
                                                        of duty in Vietnam.                            In law school, he had a distinct interest
         A Friend in                                                                                   in Real Property. He was the recipient
         the Senate                                     After his Naval career, Flitcroft decided      of the American Jurisprudence Award
                                                        he would further his education and                                            cont. page 4

      enator Steve
   S  Southerland of
   Hamblen County is
                                                                                                                     Robbie Helton, appointed
                                                                                                                     by Governor Bredesen to
   serving his 5th                                                      for TREC Service                             serve as a consumer
   year in the State
   Senate and has a                                                                                                  member of the Tennessee
   proven record of                                                                                                  Real Estate Commission
   helping licensees                                                                                                 in 2005, was presented a
   serve their                                                                                                       plaque for his
   communities effectively and honorably.
                                                                                                                     outstanding service to the
   Having been a licensed real estate
   agent and a certified residential                                                                                 State of Tennessee.
   appraiser before moving to the finance                                                                            Helton, who lives in
   industry, Steve has sponsored and                                                                                 Lenoir City, is a
   supported important legislation to                   Chairman Haynes presents plaque for TREC service to
                                                                                                                     Representative of the
   address some of the challenges that we               Robbie Helton. Pictured from left to right: Commissioner
                                                        Isaac Northern, Vice Chair Bear Stephenson, Chair Charles    Tennessee Carpenters
   face every day.                                      Haynes, Robbie Helton, Commissioner Grover Collins,
                                                        Commissioner Wendell Alexander and Commissioner Gary
                                       cont. page 4     Cunningham.                                                                   cont. page 6
Tennessee Real Estate News-Journal                                                                                           2

     overnor Phil Bredesen’s multi-pronged effort, Cover        state, the employer and employee so the monthly premium

G    Tennessee, extends health insurance to uninsured
     individuals in Tennessee through three insurance
programs and a pharmacy assistance program, with
                                                                is $50 for each payer.

CoverTN as the centerpiece of the initiative. CoverTN is an               www.covertn.gov • 1-866-COVERTN
affordable and portable health insurance initiative for
working Tennesseans who are uninsured. Comprehensive            Enrollment is a two-step process. Once a business is
coverage for children is provided through CoverKids, and        confirmed as eligible, BlueCross BlueShield of Tennessee,
chronically ill adults are eligible for AccessTN, a high-risk
                                                                the program’s insurer, sends out enrollment materials, and
pool. CoverRx is a statewide pharmacy assistance
                                                                individuals have 90 days to make a decision.
program designed to assist those who have no pharmacy
coverage, but have a critical need for medication.
                                                                CoverKids offers comprehensive health insurance coverage
Cover Tennessee is not an entitlement program; it is
                                                                to uninsured children 18 years-old and younger and
voluntary health insurance coverage that is affordable to
participants and affordable to the state.                       maternity coverage for pregnant women with household
                                                                income below 250 percent of the federal poverty level.
                                                                Families above the income limit who wish to purchase
More information on all Cover Tennessee programs is             coverage for their child can “buy in” to the program by
available at www.CoverTN.gov or by calling 1-866-               paying monthly premiums. The coverage is similar to the
COVERTN.                                                        benefits offered to dependents of state employees. BlueCross
                                                                BlueShield of Tennessee administers the program.
                OVERVIEW OF PROGRAMS

CoverTN creates a partnership between the state, small          AccessTN provides comprehensive health insurance options
businesses and self-employed individuals to provide             to uninsurable Tennesseans. AccessTN, a high-risk pool,
coverage for the most needed medical services. It’s not a       was created for persons with one of 55 specified medical
mandated program or an entitlement program; it is a             conditions, or those who are unable to get insurance in the
voluntary initiative for uninsured Tennesseans to obtain        commercial market because of their health status. BlueCross
private insurance. The individual owns the plan, not the        BlueShield of Tennessee administers the program.
state or the company. To promote personal responsibility,
premiums are based on weight, tobacco use and age - with
an average monthly premium of $50 for each payer.
                                                                CoverRx is a statewide pharmacy assistance program
                                                                designed to assist those who have no pharmacy coverage,
CoverTN is affordable. CoverTN features no deductibles          but have a critical need for medication. CoverRx is not
and pricing is simple and straight-forward: $20 copayment       health insurance. It provides up to five prescriptions per
for a doctor’s office visit and $10 for most prescription       month. (Insulin and diabetic supplies will not count against
drugs. There is also coverage for hospitalization and other
                                                                the monthly limit.) Express Scripts administers the program.
medical needs. To promote personal responsibility,
premiums vary based on weight, tobacco use and age and
average $150 per month, which is shared between the                       www.covertn.gov • 1-866-COVERTN
Tennessee Real Estate News-Journal                                                                                     3

                   —       D I S C I P L I N A R Y                  A C T I O N S                —

FEBRUARY 2007                                               APRIL 2007

DONNA GODFREY                                               CHARLES ‘TAZ” A. CABLE
          Lic. No. BR285646                                           Lic. No.TS299525
          Englewood, TN                                               Gatlinburg, TN
Ms. Godfrey was assessed a civil penalty of $1,000.00 for   Mr. Cable was assessed a civil penalty of $250.00 for
failure to disclose information.                            failure to complete administrative measures.

SHIRLEY D. PAPP                                             KENDRA COOK
         Lic. No. PB254549                                            Lic. No. BR263504
         Memphis, TN                                                  Smyrna, TN
Ms. Papp was assessed a civil penalty of $250.00 for an     Ms. Cook was assessed a civil penalty of $250.00 for
advertising violation.                                      failure to disclose personal interest.

MARCH 2007                                                  JOHN M. GEISSBERGER
                                                                     Lic. No. TS285243
BLALOCK SERVICES                                                     Knoxville, TN
          Lic. No. FM256194                                 Mr. Geissberger’s license was revoked for failure to
          Murfreesboro                                      disclose a criminal conviction.
Blalock Services was assessed a civil penalty of $500.00
for failure to maintain an escrow account.                  SANDRA “SANDY” C. JOHNSTON
                                                                      Lic. No. PB207558
FAULKNER REALTY COMPANY                                               Johnson City, TN
        Lic. No. FM16530                                    Ms. Johnston was assessed a civil penalty of $250.00 for
        Mt. Juliet, TN                                      failure to disclose agency status.
The Faulkner Realty Company was assessed a civil penalty
of $250.00 for an escrow account violation.                 S. WRIGHT & SONS ENTERPRISES, INC.
                                                                     Lic. No. FM250185
DONNA L. MCCULLOUGH-MITCHELL                                         Nashville, TN
       Lic. No. PB285256                                    The firm of S. Wright & Sons Enterprises, Inc. was assessed
Ms. McCullough-Mitchell was assessed a civil penalty of     a civil penalty of $750.00 for failure to timely notify TREC
$250.00 for failure to timely complete administrative       of a business address change.
                                                            BEN F. WARD
RE/MAX 1st CHOICE                                                    Lic. No. PB247686
       Lic. No. FM258077                                             Memphis, TN
       White House, TN                                      Mr. Ward was assessed a civil penalty of $250.00 for an
Re/Max 1st Choice was assessed a civil penalty of           advertising violation.
$250.00 for an escrow account violation.
                                                            NORMA T. WYKLE
                                                                     Lic. No. AF285048
                                                                     Morristown, TN
                                                            Ms. Wykle was assessed a civil penalty of $250.00 for an
                                                            advertising violation.
Tennessee Real Estate News-Journal                                                                                               4

                                                                                         David Flitcroft…cont.
      Commission Recognizes Barney Thompson
                                                                                        for Future Interest and the Testerman
                   (1940-2007)                                                          Scholarship. The Testerman Scholarship
                                                                                        is awarded each year to an aspiring
  “We have lost one of the profession’s    for the profession, Barney coupled           lawyer intending to work in Real
  best with the passing of Barney          his passion for travel with learning         Property matters. After graduating, he
  Thompson”, said Commissioner                                                          began practicing in Oak Ridge. Several
                                           about real estate in cultures around
  David Flitcroft as he addressed the                                                   years later, he became a partner in the
                                           the world. His travels took him to
  Commission relating that Barney’s                                                     firm of Joyce, Meredith, Flitcroft and
  mentoring of real estate                 Russia, the Holy Lands, Central              Normand. The firm closes transactions
  professionals across the nation was      America, Mexico and Greece to                throughout the states of Tennessee,
  a labor of love and he demonstrated      learn the international aspects of real      Kentucky and Georgia.
  a genuine desire to help anyone he       estate. Barney was the 2004
  met to be ethical and successful in                                                   Mr. Flitcroft and his wife Karen are
                                           recipient of TREC’s Tune Award for
  their practice of real estate.                                                        actively involved in the Fellowship
                                           Excellence in Education.
  Barney began his career with the                                                      Church of Knoxville and they have five
  Knoxville Area Association of                                                         daughters and five grandchildren who
  REALTORS (KAAR) in 1979 after            The Commission voted unanimously             provide ample travel opportunities since
  being the Executive Director of the      to provide plaques for both the              they live not only in Tennessee but in
  Pigeon Forge, Tennessee Chamber of       KAAR office and the Tennessee                Utah, New Jersey and South Carolina.
  Commerce. Over the years Barney                                                       In his spare time, Flitcroft loves hiking,
                                           Association of RELATORS office in
  taught almost all of the now 5000                                                     bicycling, gardening and generally
                                           Nashville, to recognize Barney
  members of KAAR in the areas of                                                       enjoying the outdoors.
  agency, antitrust, fair housing, Code    Thompson for his outstanding service
  of Ethics, property disclosure and       to the real estate profession in             Mr. Flitcroft was welcomed by the other
  risk reduction. Having a true love       Tennessee.                                   Commission members at his first meeting
                                                                                        in April of this year.

Friend in Senate…cont.                     legislative intent of septic permits on       original intent of applying to newly
                                           new construction. In 2006 the                 constructed properties only. It also
Growing up in a very modest home,          General Assembly enacted legislation          modifies the law to permit the real
Steve is the 4th of 6 children. He used    to make it a violation of the Consumer        estate agent to rely upon the
good business sense, hard work and         Protection Act to advertise or market a       information received from the property
prayer, to build a successful business     residence for sale as having more             owners as to the allowed number of
from the ground up, Mortgage Federal       bedrooms than permitted by the                bedrooms. As of July 1, 2007, no
in Morristown. There he was one of         residence’s sewage disposal system            more septic letters!
the very first to close a 95% LTV within   permit. This new law is limited to new
6 days. Success followed him into the      construction, as was the original intent.     Tennessee licensees are well
legislature, where after serving only      It also establishes a real estate licensee    represented in the state legislature and
one term, the Senator was named            may rely upon information received            Chairman Southerland is a prime
Chairman of the Senate Commerce,           from the owner of the residence as to         example. He maintains an open door
Labor and Agriculture Committee. As        the septic permit’s number of                 to his office in Nashville and an open
Chairman, Steve led the debate on          bedrooms. The real estate licensee            mind to ideas that will benefit those of
many issues that affect the industry,      would have to receive actual                  us who have made real estate our
both directly and indirectly.              knowledge from the owner in order for         livelihood.
                                           there to be a violation of the law. In
Senator Southerland sponsored SB           other words, Southerland was
1205 (Public Chapter 78) to clarify        instrumental in modifying this bill to its
Tennessee Real Estate News-Journal                                                                                    5

                                                           from the Commission and TREC Staff
       Haynes and Stephenson                                                     The Commission was recently advised,
                                                                                 some firms are attempting to recruit at
          Attend ARELLO                                                          schools which teach real estate pre-
                                                                                 license courses. The Commission would
         Mid-Year Meeting                                                        like to reinforce, TREC Rule 1260-5-
                                                           .06(2) specifically relates, no broker or firm shall use or
                                                           cause to be used any facility in which a real estate pre-
  The Association of Real Estate Licensing Law Officials
                                                           license course is taught to discuss, induce or promote
  (ARELLO) held its mid-year meeting in Banff, Alberta     affiliation with a broker or firm.
  Canada with Chairman Haynes and Vice Chairman
                                                           Recently TREC has received a number of phone calls about
  Stephenson in attendance. ARELLO is comprised of
                                                           the education hours associated with the Office Broker
  official governmental and other organizations            Management Course. That course is a broker pre-license
  around the world, that issue real estate licenses and    course and cannot count towards the 120 hours of post-
                                                           broker education.
  registrations, in addition to regulating real estate
  practice and enforcing real estate law.

  Vice Chairman Stephenson reported the meeting in
  Canada, like the other ARELLO meetings he has                       TREC Official Manual
  attended, provided seminars where information was
                                                                       Now Available for
  presented and a forum to meet with commissioners
  and regulators from other jurisdictions to discuss
  mutual problems and successes. Chairman Haynes
                                                                    TREC Manuals are available for
  indicated over the years he has learned about
                                                                    purchase at LexisNexis. There is a
  procedures other jurisdictions have implemented,
                                                                    link to the LexisNexis Bookstore on
  which benefited the licensing and regulation
                                                                    the TREC web site or it may be
  processes, later implemented in Tennessee.
                                                                    accessed directly at:
  Both Commissioners Haynes and Stephenson felt that
  all of the Tennessee Real Estate Commissioners would
  benefit from the learning experiences associated with
                                                                    By using this method the manuals
  the Southern District Regional and Annual meetings
                                                                    will be edited and printed
  of ARELLO. Following the discussion, the
                                                                    annually as opposed to every two
  Commission voted unanimously to give all
                                                                    to three years and the information
  Commissioners the opportunity to attend any and all               needed by licensees will be more
  ARELLO meetings.                                                  up to date.
Tennessee Real Estate News-Journal                                                                                                6

   COMMISSION VOTES                                          Helton Honored…cont.

    TO PROCEED WITH                                          Regional Council of the United Brotherhood of

         RULES                                               Carpenters and Joiners of America (UBCJA). He is a
                                                             graduate of Lenoir City High School and completed a
                                                             four year apprenticeship with the UBCJA.
At its May 2007 meeting the Commission voted to proceed
with the rules which were presented at a rulemaking
                                                             In presenting the plaque, Chairman Charles Haynes
hearing on May 3, 2007. The substance of the rules
                                                             stated “Robbie has provided fresh insight into
appeared in the Winter 2006 edition of the News-Journal      decisions concerning licensure and discipline which
and the entire rulemaking hearing document may be viewed     were of great benefit in terms of protection of the
on TREC’s web site at:                                       citizens of Tennessee.” Helton, thanked the
http://state.tn.us/commerce/boards/trec/pdf/NoticeofRule     Commission members and TREC staff for their
making2007.pdf                                               assistance over the past years.

       Requests From the                                        “The        Tennessee              Department               of

         Commission                                             Commerce and Insurance is committed
                                                                to principles of equal opportunity, equal
With the onset of staggering license expiration dates, the      access, and affirmative action.” Contact
Commission is asking all licensees to use information on
                                                                the      EEO         Coordinator               or      ADA
the TREC web site to review their license status and
Errors and Omissions coverage status to insure that             Coordinator (615) 253-7685.
licenses are renewed timely and insurance is in effect.
This information can be found at:

It is suggested you enter less rather than more
information in the blanks available on that site.
Your license number alone may be enough.

The Commission would also like for licensees to report
education sessions that the licensee considers are not
useful. The information may be directed to Kathy M.
                                                                      Tennessee Department of Commerce and Insurance.
Riggs, Ph.D., TREC Director of Education at                           Authorization No. 335101, 40,000 copies. This public document
                                                                      was promulgated at a cost of $.22 per copy. (Rev. 8/06)
Tennessee Real Estate News-Journal                                                   7

     TREC Contact Information                         Department of Commerce
     (615) 741-2273 or (800) 342-4031                      and Insurance
                                               Tennessee Real Estate Commission
       Personnel & Areas of Responsibility
                  Donna Hancock                     Is published quarterly by the
                   Sharon Peebles                 Tennessee Real Estate Commission
             Administrative Assistance
                  Betsy Bowman
                 Kelly McDermott                     Members of the Commission:
                   Dee Mitchell
                                                    CHARLES HAYNES, CHAIRMAN
                  Office Manager:                           Gallatin, TN
                    Dennis Hodges
                                                 BEAR STEPHENSON, VICE CHAIRMAN
                  Board Meetings:
                   Kelly McDermott                          Clinton, TN

                    Complaints:                         WENDELL ALEXANDER
                     Conell House                          Dresden, TN
                      Kathy Riggs                         GROVER COLLINS
                                                           Lewisburg, TN
                  Patricia Appleton                     GARY CUNNINGHAM
                     Hester Curtis                         Nashville, TN
                      Kim Dorris
                       Gil Dyer                              CAROL TATE
                    Rachel Fowler
                                                             Memphis, TN
                  Deborah Malugen
                    Karen Patton
                                                           ADREN GREENE
                      Ruby Perry
                   Richard Thomas                          Morristown, TN
                   Paula VanBuren
                                                          ISAAC NORTHERN
       Reception & Records Management:
                 Ken Spurlock                                Memphis, TN
                 Linda Wolfert
                 Bonnie Bailey                            DAVID FLITCROFT
                  Jan Tacheny                               Knoxville, TN
           Errors & Omissions Insurance
            Contractor for 2007-2008                 Editor/Chief: Donna Hancock
                                                       Interim Executive Director
      Rice Insurance   Services Company, LLC
              Phone:   (888) 248-2444
              Fax:      (502) 897-7174                 Editor: Kathy Riggs, Ph.D.
              Web:       www.risceo.com                  Director of Education
Tennessee Real Estate Commission
                                         Presorted Standard
500 James Robertson Parkway, Suite 180      U.S. Postage
Nashville, TN 37243-1151                      PA I D
                                            Nashville, TN
                                            Permit #768

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