Tennessee Real Estate Commission grants several reinstatements, waives or reduces fees in February meeting

The Tennessee Real Estate Commission on Feb. 6 approved a series of license reinstatements and fee-waiver requests, voting to allow several expired licenses to be reinstated without reexamination and to grant partial or full fee waivers in individual cases.

The commission approved reinstatement requests for multiple individuals while attaching conditions in several cases: the board accepted a request to reinstate Richard Bell without reexamination (motion passed), approved a waiver of fees for David Taylor conditioned on reinstatement of E&O insurance, and approved reinstatement-related relief for Michael McCauley contingent on current errors-and-omissions (E&O) coverage. Commissioners debated, and ultimately split on, a waiver for Betty Hanks (listed in materials as Betty Oinks/Hanks), approving a reduction of the reinstatement penalty to $550 (half of the $1,100 charge) by a 4–2 vote with one abstention.

Why it matters: these decisions affect how long-time and formerly active licensees may return to practice, whether they must retest, and how the commission balances consumer protection (E&O coverage and record flags) with relief for applicants who say they lacked notice or faced medical or personal hardship.

Most significant votes and conditions - Richard Bell: Commissioners accepted counsel’s recommendation to reinstate Bell without requiring reexamination. Bell said he did not receive the renewal postcard and discovered the lapse only in December 2024 when trying to renew E&O insurance; the commission noted the statute 62-13-319(a) gives discretion to waive reexamination or additional education. Motion: approve reinstatement without reexamination. Mover: Commissioner Torbett. Second: Commissioner Gaughn. Outcome: approved (voice vote).

- David Taylor: The commission approved a waiver of fees for Taylor’s expired license (07/17/2024) with a friendly amendment requiring active E&O insurance before reinstatement. Motion: approve waiver subject to reinstatement of E&O insurance. Mover: Commissioner Torbett. Second: Commissioner Smith. Outcome: approved (voice vote).

- Betty Hanks (principal broker): Commissioners debated a request from a principal broker whose license expired April 30, 2023. The commission voted to waive the retesting requirement and reduce the reinstatement penalty from $1,100 to $550 (half) to allow the broker to return; the motion passed 4 ayes, 2 noes, 1 abstention. Motion: waive retest and assess $550 penalty. Mover: Commissioner Torbett. Second: Commissioner Tucker. Outcome: approved (4–2–1).

- Michael McCauley: The commission approved a request tied to administrative complications with a firm transfer; approval was made contingent on the applicant reinstating active E&O insurance, and the commission also addressed a previously-paid reinstatement fee that could be returned. Motion: approve waiver of retesting contingent on active E&O and waive remaining fees. Mover: Commissioner Begley. Outcome: approved (record: ayes, 1 no, 1 abstention; tally reported by staff).

- Medical waivers and other reinstatements: The commission approved medical-waiver requests for Walt Patrick (license expired 04/05/2024) and Todd Gash (expired 06/20/2024) after staff presented physician documentation. Both motions passed by voice vote. Motion texts and seconders appear in meeting minutes.

Procedure, recordkeeping and conditions emphasized by staff Staff repeatedly emphasized that the commission has statutory discretion under Tennessee statute 62-13-319(a) to waive reexamination and to impose reasonable conditions (for example, E&O insurance, payment of fees, or continuing-education requirements) when considering reinstatement after a lapse exceeding one year. Anna Matlock (staff) read the statutory language and advised commissioners: “the commission may in its discretion ... waive reexamination or additional education requirements for such applicant or reinstate a license subject to their compliance with reasonable conditions, including payment of a specific fee.”

Commissioners also discussed administrative follow-up options for expired licenses that are flagged during audits. For several matters staff recommended “close and flag” — a practice that records the compliance concern in the commission files so it appears if a candidate reapplies, rather than pursuing a contested revocation in cases where evidence or cooperation is limited.

What the actions mean next Several approvals were contingent on applicants obtaining or reinstating E&O insurance before the commission’s administrative staff will finalize licensure. In other instances the commission accepted counsel’s recommendation to “close and flag” files so the history is visible if the individual reapplies. Commissioners declined to impose a consent-order civil penalty in at least one case where the respondent appeared uncooperative and the evidence would not support a disciplinary hearing absent complainant cooperation.

Ending note: commissioners emphasized consumer protection while acknowledging extenuating circumstances. Several members urged that staff explore operational improvements—such as better notification and follow-up for renewal postcards and returned mail—to reduce future lapses and waiver petitions.