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NEWS RELEASE: DCCA DISCIPLINARY ACTIONS (Through April 2015)

Posted on May 6, 2015 in News Releases, OAH

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE
May 6, 2015

DCCA DISCIPLINARY ACTIONS
(Through April 2015)

HONOLULU – The Department of Commerce and Consumer Affairs (DCCA) and the State Boards and Commissions released a summary of disciplinary actions through the month of April taken on individuals and entities with professional and vocational licenses in Hawaii. These disciplinary actions include dispositions based upon either the results of contested case hearings or settlement agreements submitted by the parties. Respondents enter into settlement agreements as a
compromise of claims and to conserve on the expenses of proceeding with an administrative hearing.

The DCCA and the Boards and Commissions are responsible for ensuring those with professional and vocational licenses are performing up to the standards prescribed by state law.

BOARD OF PHARMACY

Respondent: Aetna Specialty Pharmacy, LLC
Case Number: PHA 2014-16-L
Sanction: $500 fine, comply with Colorado Order
Effective Date: 4-16-15
Respondent allegedly violated HRS § 461-21(a)(5) by violating state or federal drug, controlled substance, or poison law by failing to comply with the data submission requirements of Colorado’s Electronic Prescription Monitoring Program. (Board approved Settlement Agreement)

Respondent: Biologics, Inc.
Case Number: PHA 2014-44-L
Sanction: $1,500 fine
Effective Date: 4-16-15
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Texas and Michigan and failing to report these actions to the Hawaii Board within 30 days of the disciplinary decision. (Board approved Settlement Agreement).

BOARD OF NURSING

Respondent: Ryan T. Kobayashi
Case Number: RNS 2010-12-L
Sanction: License revoked; $1,000 fine
Effective Date: 4-2-15
The Board found that Respondent violated HRS § 457-12(a)(6) by engaging in unprofessional conduct. Respondent failed to record medication as pulled, failed to record medication as given, and failed to record medication as wasted between June and August 2009 at Straub Clinic and Hospital. (Board’s Final Order after contested case hearing).

BOARD OF PRIVATE DETECTIVES AND GUARDS

Respondents: L. Siracusa & Associates, Inc. dba Phoenix Hawaii and Jon-Louis K. Siracusa
Case Number: PDG 2014-220-L
Sanction: $1,500 fine
Effective Date: 4-16-15
Respondents admittedly violated HRS § 436B-19(16) by employing unlicensed guards. (Board approved Settlement Agreement).

BOARD OF BARBERING AND COSMETOLOGY

Respondent: Kim Mai Womack (Maui)
Case Number: BAR 2014-9-L
Sanction: $500 fine
Effective Date: 4-13-15
Respondent admittedly violated HRS §§ 439-2(b) and 439-19(a)(3) by 1) engaging in the practice of cosmetology at a shop, which did not possess a valid beauty shop license, and 2) permitting an unlicensed individual to perform cosmetology for compensation at a shop, which did not possess a valid beauty shop license. (Board approved Settlement Agreement).

Respondent: Waraku International, Inc.
Case Number: BAR 2014-20-L
Sanction: $1,500 fine
Effective Date: 4-13-15
Respondent admittedly violated HRS § 439-17(e) by failing to file an application when the beauty shop name was changed, HRS § 439-19(a)(3) by permitting unlicensed persons to perform hairdresser services for compensation on the premises of Respondent’s beauty shop, HAR § 16-78-3(c) by failing to notify the Board of a change of the shop name within 30 days of the change, HAR § 16-78-43(a) by failing to display a sign stating “PRICE LIST AVAILABLE UPON REQUEST”, and HRS § 439-19(a)(6) by failing to display its beauty shop license or any other person’s license on its premises. (Board approved Settlement Agreement).

REAL ESTATE COMMISSION

Respondent: Jennifer G. Miguel
Case Number: REC 2013-88-L
Sanction: License revoked
Effective Date: 4-24-15
The Commission found that Respondent violated HRS § 467-14(20) by failing to maintain a record of competency, honesty, truthfulness, financial integrity, and fair dealing, HRS § 436B-19(14) by being convicted of a penal crime directly related to the qualifications, functions, or duties of a real estate licensee, and HRS § 436B-19(12) by failing to comply, observe, or adhere to any law in a manner such that the holder is deemed to be an unfit or improper person to hold a license. On May 22, 2012, Respondent entered into a plea agreement in which she entered a voluntary plea of guilty in the federal court to the charges of knowingly conspiring with others to commit federal offenses, to wit, conspiracy to commit wire fraud and wire fraud. Respondent worked as a loan officer for Easy Mortgage and acknowledged that, in her capacity as a loan officer, she made false representations on Uniform Residential Loan Application Form 1003s on behalf of loan applicants and that she caused materially false documents such as Verification of Rent forms, CPA letters, and Verifications of Deposit to be submitted to lenders in support of loan applications. In reliance on the false statements, lenders approved residential real estate loans and wired funds from their bank accounts in other states to the bank accounts of escrow companies in Hawaii responsible for closing the real estate transactions that were based upon the fraudulent representations in the application forms. (Commission’s Final Order after contested case hearing).

CONTRACTORS LICENSE BOARD

Respondent: Ahina K. Lavin, dba Ahina Roofing
Case Number: CLB 2012-235-L and CLB 2013-299-L
Sanction: $1,500 fine
Effective Date: 4-24-15
Respondent allegedly violated HRS § 444-25.5 and HAR § 16-77-80 by failing to include the requisite homeowner contract provisions in his contract with the homeowner, HRS § 436B-19(5) by procuring a license through fraud, misrepresentation or deceit, HRS § 444-17(10) by misrepresenting a material fact on his application for licensure, and HAR § 16-77-33 for out of scope contracting activity. On Respondent’s application for licensure dated Aug. 24, 2002, Respondent allegedly answered “no” to the question “During the past 20 years have you been convicted of a crime which has not been annulled or expunged” when he had been convicted of robbery in the second degree on Aug. 28, 1989. Respondent also allegedly engaged in out-of scope activity by offering to perform and/or performing the installation of siding for a homeowner for compensation. (Board approved Settlement Agreement).

Respondents: Pacific South General Builders, LLC and Sione T. Vimahi
Case Number: CLB 2008-478-L and CLB 2009-141-L
Sanction: Pacific South General Builders, LLC: Voluntary revocation of license
Sione T. Vimahi: $2,000 fine
Effective Date: 4-24-15
Respondents admittedly violated HRS § 444-17(9) because Vimahi, as the responsible managing employee (“RME”), did not sign the contracts with two homeowners and HRS § 444-17(11) by failing to complete the contracted for work at the two residences. Pursuant to HAR § 16-77-71(a)(5), Respondent Vimahi, as the RME, is responsible for the violations committed by the contractor. (Board approved Settlement Agreement).

Respondents: Samuel K. Thronas, Inc. and Samuel K. Thronas, Jr., RME (Kauai)
Case Number: CLB 2011-347-L
Sanction: $1,000 fine
Effective Date: 4-24-15
Respondents allegedly violated HRS § 436B-19(6) by aiding and abetting an unlicensed person to directly or indirectly perform activities requiring a license. Respondents allegedly entered into an agreement with James A. Duarte where Respondents agreed to bid on a contract with the United States Fish and Wildlife Service to perform work at the Hanalei National Wildlife Refuge, with the understanding that Duarte, not Respondents, would perform all of the work called for under the contract. Mr. Duarte was not a licensed contractor or an employee of the Respondents. (Board approved Settlement Agreement).

Respondents: Oellien Pacific, LLC and James W. Oellien, RME
Case Number: CLB 2012-305-L
Sanction: $1,500 fine
Effective Date: 4-24-15
Respondents allegedly violated HRS §§ 444-25.5(b)(1) and 444-25-5(b)(2) by failing to disclose the requisite homeowner disclosures, HRS § 444-9 by acting as a specialty contractor without a specialty contractor license, HRS § 444-17(17) by entering into a contract with an unlicensed contractor involving work for which a license is required under HRS Chapter 444, and HAR § 16-77-80 by failing to provide the homeowner with a written contract, which contains the requisite homeowner disclosures. In June 2012, Respondents entered into a contract to remodel a residence and failed to provide the homeowner with a written contract, which contained the requisite homeowner disclosures. Respondents also allegedly performed electrical work by using and/or employing a person who was not licensed under HRS Chapters 444 or 448E. (Board approved Settlement Agreement).

To obtain copies of the decisions reported in this press release without charge go to: cca.hawaii.gov/oah/oah_decisions/.

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