DCCA NEWS RELEASE: DCCA DISCIPLINARY ACTIONS – THROUGH MARCH 2021
Posted on Could 12, 2021 in Latest News, Newsroom
HONOLULU – The state Division of Commerce and Shopper Affairs (DCCA) and the state Boards and Commissions launched a abstract of disciplinary actions via the month of March 2021 taken on people and entities with skilled and vocational licenses in Hawaii. These disciplinary actions embody tendencies based mostly upon both the outcomes of contested case hearings or settlement agreements submitted by the events. Respondents enter into settlement agreements as a compromise of claims and to preserve on the bills of continuing with an administrative listening to.
The DCCA and the Boards and Commissions are answerable for guaranteeing these with skilled and vocational licenses are performing as much as the requirements prescribed by state legislation.
PEST CONTROL BOARD
Respondents: Zac’s Fumigation, Inc., a dissolved company, and Norman Lani, RME (Maui)
Case Quantity: PCO 2019-14-L
Sanction: $1,000 tremendous
Efficient Date: 8-10-20
RICO alleges that Respondents did not honor the certificates of guarantee, and that Respondents failed to offer a written inspection report previous to graduation of labor on a contract for the management of termites, in potential violation of HRS §§ 460J-15(a)(1) and 460J-19(b). (Board permitted Settlement Settlement.)
BOARD OF PHYSICAL THERAPY
Respondent: Eric Torres
Case Quantity: PTS 2020-12-L
Sanction: Reprimand
Efficient Date: 3-9-21
RICO alleges that Respondent didn’t well timed full persevering with competence models within the two years previous his 2018 renewal, with one (1) course having been accomplished on or about March 5, 2019, in potential violation of HRS §§ 461J-10.1(a) and 461J-10.15(d). (Board permitted Settlement Settlement.)
BOARD OF CHIROPRACTIC
Respondent: Betsy Carpenter, D.C.
Case Quantity: CHI 2020-10-L
Sanction: Settlement to not apply or renew license
Efficient Date: 3-4-21
Respondent failed to finish not less than 20 hours of board-approved CE inside 24 months of license renewal, in potential violation of HAR § 16-76-38(a) and HRS § 436B-19(17). (Board permitted Settlement Settlement.)
Respondent: Dale Okay. Yamauchi, D.C.
Case Quantity: CHI 2020-6-L
Sanction: License probation for 1 12 months, $2,000 tremendous and full persevering with schooling
Efficient Date: 3-12-21
RICO alleges that Respondent tapped or patted the best buttock of his feminine affected person and made inappropriate feedback through the chiropractic session, in potential violation of HRS §§ 442-9(a)(12), 436B-19(7) and 436B-19(9). (Board permitted Settlement Settlement.)
Respondent: Nathan Varano, D.C.
Case Quantity: CHI 2020-29-L
Sanction: $500 tremendous and full persevering with schooling
Efficient Date: 3-12-21
RICO alleges that Respondent accomplished greater than 20 CEs between January 1, 2018 to December 31, 2019; nevertheless, he was unaware that solely 10 of the CEs he accomplished could be accepted by Hawaii, in potential violation of HRS § 436B-19(17) and HAR § 16-76-38(a). (Board permitted Settlement Settlement.)
Respondent: Shelley D. Kasprick, D.C.
Case Quantity: CHI 2020-15-L
Sanction: $150 tremendous and full persevering with schooling
Efficient Date: 3-12-21
RICO alleges that Respondent supplied RICO with certificates documenting completion of a complete of twenty-two credit score hours of CE that Respondent accomplished previous to the renewal deadline of December 31, 2019, nevertheless, 8 of those credit score hours had been in programs that weren’t Board-approved, in potential violation of HRS § 436B-19(17) and HAR § 16-76-38(a). (Board permitted Settlement Settlement.)
Respondent: Paul M. Nakamoto, D.C.
Case Quantity: CHI 2020-28-L
Sanction: $1,000 tremendous and full persevering with schooling
Efficient Date: 2-1-21
RICO alleges that Respondent did not file with the Board a certificates of completion of not less than 20 hours in persevering with education schemes accomplished throughout the licensing interval starting January 1, 2018 and ending December 31, 2019, earlier than the renewal deadline, as required by HAR § 16-76-38(a), in potential violation of HRS §§ 442-9(a)(11) and 442-9(a)(14) and HAR § 16-76-38(a). (Board permitted Settlement Settlement.)
CONTRACTORS LICENSE BOARD
Respondents: Ono Building LLC and Harry Cornish
Case Quantity: CLB 2020-299-L
Sanction: $500 tremendous and compliance with DOTAX installment cost plan
Efficient Date: 1-22-21
RICO alleges that Respondents did not adjust to the phrases of a conditional cost plan with the DOTAX, in potential violation of HRS §§ 444-17(21) and 436B-19(1). (Board permitted Settlement Settlement.)
Respondent: Jadelynn P. Summo
Case Quantity: CLB 2019-482-L
Sanction: $2,500 tremendous
Efficient Date: 1-22-21
RICO alleges that Respondent’s development contract didn’t comprise a number of required provisions, together with the work begin date and variety of days for work completion, lien rights and contractor bonding. RICO additionally alleges that Respondent’s commerce identify, JC Pacific LLC isn’t correctly registered with DCCA or correctly filed with the Board, all in potential violation of HRS §§ 444-17(12) and 444-25.5(b)(1) and HAR §§16-77-8(a) and 16-77-80. (Board permitted Settlement Settlement.)
Respondents: HPS Building Companies, Ltd. and Derek Y. Nakamura
Case Quantity: CLB 2015-57-L
Sanction: $2,500 tremendous
Efficient Date: 1-22-21
RICO alleges that Respondents’ contract for a challenge was not signed or initialed by a RME and didn’t embody the date work was to begin or the variety of days for completion, in potential violation of HRS § 436B-19(17) and HAR §§16-77-71(a)(2) and 16-77-80(a)(3). (Board permitted Settlement Settlement.)
Respondent: DCK Pacific Building, LLC
Case Quantity: CLB 2016-291-L
Sanction: License revocation
Efficient Date: 8-28-20
On August 28, 2020, the Board upheld its February 15, 2019 BFO and voted to revoke Respondent’s license. (Board’s Closing Order for Noncompliance with a Earlier Settlement Settlement.)
HAWAII MEDICAL BOARD
Respondent: Steven Richardson, P.A.
Case Quantity: MED 2020-237-L
Sanction: Voluntary revocation of license, settlement to stop practising medication within the State of Hawaii and five-year prohibition on making use of for a brand new license.
Efficient Date: 3-11-21
RICO alleges that on or about July 30, 2021, Respondent pleaded responsible in his legal case to at least one depend of creating illegal prescriptions for managed substances, and to at least one depend of unauthorized use of private figuring out info, every of these crimes being a felony beneath the legal guidelines of the State of California, and was convicted accordingly. RICO alleges that Respondent didn’t report the conviction to the Board inside 30 days. RICO additionally alleges that disciplinary actions had been taken towards Respondent by the States of California, Idaho, Virginia, Alabama and Illinois and Respondent did not report the disciplinary actions to the Board inside 30 days, all in potential violation of HRS §§ 436B-19(14), 453-8(a)(11), 453-8(a)(14) and 453-8(a)(15). (Board permitted Settlement Settlement.)
Respondent: Gazelle A. Craig, D.O.
Case Quantity: MED 2017-206-L
Sanction: License revocation
Efficient Date: 2-11-21
The Board adopted the Hearings Officer’s really helpful choice and located and concluded that the preponderance of the proof established that Respondent violated HRS §§ 453-8(a)(11), (12) and (14). (Board’s Closing Order after contested case listening to.)
MOTOR VEHICLE INDUSTRY LICENSING BOARD
Respondent: Terry A. Martinez, Johnny H. Martinez and South Maui Motors, Inc.
Case Quantity: MVI 2017-57-L and MVI 2018-26-L
Sanction: License revocation of Respondent Terry A. Martinez’ motorcar salesperson license and Respondent South Maui Motor Inc.’s motorcar supplier license
Efficient Date: 12-15-20
The Board adopted the Hearings Officer’s really helpful order and located and concluded that that Respondents Terry A. Martinez and South Maui Motors, Inc. violated HRS §§ 437-12(a), 437-28(a)(2), (3), (4), (5) and (11), 436B-19(2), (8), (11), (12) and (17), 437-15 and 436B-19(6) and (16). (Board’s Closing Order after contested case listening to.)
BOARD OF BARBERING AND COSMETOLOGY
Respondent: Trinh H. Van dba Trinh’s Barber Store and Trinh H. Van
Case Quantity: BAR 2019-163-L
Sanction: $1,000 tremendous
Efficient Date: 12-22-20
RICO alleges that Respondent permitted three (3) unlicensed individuals to carry out actions requiring a barber license, in potential violation of HRS § 438-14(a)(3). (Board permitted Settlement Settlement.)
BOARD OF DENTISTRY
Respondent: Stewart Peter Ahn, D.D.S.
Case Quantity: DEN 2020-10-L
Sanction: $1,000 tremendous and full persevering with schooling
Efficient Date: 1-25-21
RICO alleges that Respondent obtained knowledgeable consent for the extraction of the affected person’s tooth #1 however didn’t get hold of knowledgeable consent for the extraction of the affected person’s tooth #17, in potential violation of HRS § 448-17(12). (Board permitted Settlement Settlement.)
BOARD OF PHARMACY
Respondent: Florida Low cost Medication, Inc., dba Taylors Pharmacy
Case Quantity: PHA 2020-81-L
Sanction: $500 tremendous
Efficient Date: 1-21-21
RICO alleges that Respondent was disciplined by the states of Alabama and Colorado, in potential violation of HRS § 436B-19(13). (Board permitted Settlement Settlement.)
Respondent: Millers of Wyckoff, Inc.
Case Quantity: PHA 2020-74-L
Sanction: $1,000 tremendous
Efficient Date: 1-21-21
RICO alleges that Respondent was disciplined by the states of New Jersey, Texas and Maine and did not report the disciplinary actions by New Jersey and Texas to the Board inside 30 days as required, in potential violation of HRS §§ 436B-19(13) and 461-21(a)(4) and HAR § 16-95-110(a)(18). (Board permitted Settlement Settlement.)
BOARD OF PHYSICAL THERAPY
Respondent: Scott T. Yasumoto
Case Quantity: PTS 2020-24-L
Sanction: $100 tremendous and full persevering with competence credit
Efficient Date: 1-12-21
RICO alleges that Respondent was poor 9 (9) CC models, because the TPI Stage One Workshop taken previous to Respondent renewing his license was not Board-approved, in potential violation of HRS §§ 461J-10.1(a) and 461J-12(a)(11). (Board permitted Settlement Settlement.)
REAL ESTATE COMMISSION
Respondent: Gavin P.S. Shimizu (Maui)
Case Quantity: REC 2020-397-L
Sanction: $750 tremendous
Efficient Date: 3-25-21
RICO alleges that Respondent self-reported in October 2020 that he had been convicted of legal petty misdemeanor offense of Working a Automobile Underneath the Affect of an Intoxicant on February 11, 2020, in potential violation of HRS §§ 436-16(a), 436B-19(12), 436B-19(14) and 436B-19(17). (Fee permitted Settlement Settlement.)
Respondent: Mark B. Barbanell fka Mark D. Barbanell (Kauai)
Case Quantity: REC 2019-660-L
Sanction: $1,000 tremendous
Efficient Date: 10-26-20
RICO alleges that Respondent did not disclose his actual property salesperson license on promoting materials. RICO additionally alleges that Respondent engaged in trip rental exercise, which included receiving and depositing cost for one (1) trip rental from a potential buyer with out the supervision and/or participation of an actual property dealer, in potential violation of HRS § 467-14(6) and HAR § 16-99-11(c). (Fee permitted Settlement Settlement.)
Respondent: Baron S. H. Graham aka Baron Scott Graham aka Baron Graham
Case Quantity: REC 2019-232-L
Sanction: $1,500 tremendous
Efficient Date: 10-25-20
RICO alleges that on or about September 25, 2001, Respondent was convicted in two circumstances for Driving Underneath the Affect of Intoxicating Liquor (“DUI”). Regardless of the DUI convictions, Respondent answered “No” to the query on his utility for actual property salesperson license dated August 29, 2005 that requested: “Through the previous 20 years have you ever ever been convicted of a criminal offense the place there has not been an order annulling or expunging the conviction?” RICO additionally alleges that regardless of the DUI convictions, Respondent answered “No” to the query on his utility for actual property dealer license dated April 2, 2015 that requested: “Through the previous 20 years have you ever ever been convicted of a criminal offense the place there has not been an order annulling or expunging the conviction?” RICO additionally alleges that on March 18, 2019, Respondent was convicted of 1 depend of Assault within the Third Diploma and one depend of Working a Automobile Underneath the Affect of an Intoxicant, all in potential violation of HRS §§ 436B-19(12), 436B-19(14) and 467-20. (Fee permitted Settlement Settlement.)
Respondent: Felicia A. Dominici (Hawai’i)
Case Quantity: REC 2020-42-L
Sanction: $500 tremendous
Efficient Date: 10-26-20
RICO alleges that in December 2019, Respondent was convicted of the offense of Working a Automobile Underneath the Affect of an Intoxicant, in potential violation of HRS §§ 436B-19(12) and 436B-19(17). (Fee permitted Settlement Settlement.)
Copies of the selections can be found on-line at: http://cca.hawaii.gov/oah/oah_decisions/
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