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Commission accepts legal counsel—s recommendations to dismiss multiple complaints; complaint about vehicle mileage dismissed
Summary
Legal counsel presented recommendations to dismiss complaints 1—6, to dismiss complaint 7 after an offer of refund and because the original complaint named the wrong licensee, and to close/flag complaints 8 and 9; the commission voted to accept the recommendations.
Legal counsel Kimberly Cooper presented the commission—s legal report Aug. 18 and recommended dismissing complaints 1—6, dismissing complaint 7 and closing (with flagging) complaints 8 and 9. The commission voted by roll call to accept each recommendation.
Cooper described complaint 7 as a buyer—s allegation that a vehicle sold at auction was advertised with low mileage but later showed higher mileage on a vehicle-history report. "Once the complainant reached out to them, they were sort of dismissed," Cooper said, describing how the complainant originally filed against the wrong licensee; the respondent auctioneer later apologized, offered a refund and the respondent—s odometer reading matched the most recent title that had been submitted to the state. Cooper recommended dismissal; a motion to accept legal counsel—s recommendation passed with Ed Knight, Jeff Morris and Dwayne Rogers voting yes.
On cases 8 and 9, Cooper told the commission that one matter involved alleged unlicensed activity but would fall under Tennessee statute 62-19-103(12) because the seller—s online-auction revenue was under $25,000 in a year; Cooper recommended dismissing that matter. In the other case the audit found missing continuing-education hours; the licensee responded, then retired the license, and Cooper recommended closing and flagging the file so that, if the licensee sought reactivation, the continuing-education deficiency and citation would have to be addressed.
Commissioners discussed possible administrative follow-up in the event a complainant refiles under the correct licensee; counsel suggested advising the complainant how to file with the correct name. The commission accepted each recommendation by roll-call vote.
Cooper also thanked the commission for authorizing mediation in a separate matter; mediation was completed July 28 and, she said, saved time and expense compared with a formal administrative hearing.
No disciplinary sanctions were announced or imposed during the public meeting on the matters presented; the commission—s actions were to dismiss, close or flag files as counsel recommended.
