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
applied to law schools in
Commission Recognizes Barney D avid L. Flitcroft was
born in southwest
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
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
Ms. Wykle was assessed a civil penalty of $250.00 for an
Tennessee Real Estate News-Journal 4
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-
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
Kelly McDermott Members of the Commission:
CHARLES HAYNES, CHAIRMAN
Office Manager: Gallatin, TN
BEAR STEPHENSON, VICE CHAIRMAN
Kelly McDermott Clinton, TN
Complaints: WENDELL ALEXANDER
Conell House Dresden, TN
Kathy Riggs GROVER COLLINS
Patricia Appleton GARY CUNNINGHAM
Hester Curtis Nashville, TN
Gil Dyer CAROL TATE
Richard Thomas Morristown, TN
Reception & Records Management:
Ken Spurlock Memphis, TN
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
500 James Robertson Parkway, Suite 180 U.S. Postage
Nashville, TN 37243-1151 PA I D