Department of Commerce and Consumer Affairs

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE
Feb. 10, 2015

DCCA DISCIPLINARY ACTIONS
(Through January 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 January 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.

CONTRACTORS LICENSE BOARD

Respondent: Etika Masifilo, dba E. M. Masonry
Case Number: CLB 2011-271-L
Sanction: $500.00 fine
Effective Date: 1-23-15

Respondent allegedly violated HRS § 436B-16 by failing to provide written notice to the Board within thirty (30) days of any judgment, which adjudges or finds the licensee civilly liable for any loss caused by the licensee’s conduct in his profession or vocation, HRS §§ 444-25.5(b)(1), 444-25.5(b)(2) and HAR § 16-77-80(a)(3) by failing to include in his written contract the date work was to commence, and HAR § 16-77-80(a)(7) by failing to include a provision in his written contract explaining the lien rights of all parties performing under the contract. On April 25, 2011, a judgment in the amount of $3,545.04 was entered against Respondent in small claims court which involved property damage to the property adjacent to Respondent’s customer. Respondent paid the judgment in 2011. (Board approved Settlement Agreement)

Respondent: Hawaii Pacific Solar LLC (Maui)
Case Number: CLB 2014-256-L
Sanction: $5,000.00 fine
Effective Date: 1-23-15

Respondent allegedly violated HRS § 436B-19(6) by aiding and abetting an unlicensed person to perform activities requiring a license. On November 9, 2012, Respondent entered into a contract with the State of Hawaii, Department of Education (“DOE”) to install photovoltaic systems on approximately 35 schools on Oahu and 15 schools on Kauai and sell power generated from these systems to the DOE. Respondent undertook some of the work under the contract. On January 30, 2013, Respondent executed an “Assignment Agreement” under which Respondent assigned its interest in the contract to an entity with no Hawaii contractor’s license. (Board approved Settlement Agreement)

Respondents: Adon Construction, Inc. and Michael M. Chen
Case Number: CLB 2014-123-L
Sanction: $10,000.00 fine
Effective Date: 1-23-15

Respondents allegedly violated HRS § 444-17(12) and HAR § 16-77-33 by performing work outside the scope of their licenses. Although Respondent Adon employed a C-13 (electrical contractor) licensee, Respondent allegedly performed a number of solar photovoltaic installations on Oahu without C-13 oversight. (Board approved Settlement Agreement)

BOARD OF PUBLIC ACCOUNTANCY

Respondent: Dennis L. Duban
Case Number: ACC 2012-21-L
Sanction: Voluntary surrender of license
Effective Date: 1-16-15

Respondent allegedly violated HRS § 436B-19(12) by failing to adhere to a law in a manner such that the licensing authority deems the holder of the license to be an unfit or improper person to hold the license, HRS § 466-9(b)(5) by engaging in dishonesty, fraud, deceit or gross negligence in the practice of public accountancy, HRS § 466-9(b)(8) by being convicted of a crime, an element of which is dishonesty or fraud, HRS § 466-9(b)(9) by performing a fraudulent act while holding a license or permit, and HRS § 466-9(b)(10) by engaging in conduct reflecting adversely upon the licensee or permit holder’s fitness to engage in the practice of public accountancy. Respondent pled guilty to one count of Conspiracy to Defraud the Internal Revenue Service and one count of Aiding in the Preparation of a False Tax Return. (Board approved Settlement Agreement)

Respondent: Diana C.H. Pruner
Case Number: ACC 2014-8-L
Sanction: Voluntary surrender of license
Effective Date: 1-16-15

Respondent allegedly violated HRS § 436B-19(2) by making untruthful or improbable statements, HRS § 466-9(b)(1) by obtaining a license or permit through fraud or deceit, HRS § 466-9(b)(3) by failing to maintain compliance with the requirements for renewal of a license or permit, and HAR § 16-71-2(a) by falsely attesting to have completed 4 CPE credits in ethics or professional conduct. On December 19, 2013, Respondent renewed her Hawaii CPA license online and attested that she completed 4 CPE credits in ethics or professional conduct but has since failed to provide proof to the Board of having completed the CPE credits claimed in her online license renewal. (Board approved Settlement Agreement)

Respondent: Kelvin Wong
Case Number: ACC 2014-12-L
Sanction: $500.00 fine
Effective Date: 1-16-15

Respondent admittedly violated HRS § 466-9(b)(3) by failing to maintain compliance with the requirements for renewal of a license or permit. On December 27, 2013, Respondent submitted a renewal application in which he attested that he had earned a minimum of four continuing professional education hours required for the renewal period. Although it appeared that Respondent had completed a total of five credit hours, Respondent had not completed two credit hours in ethics as required. On April 22, 2014, Respondent completed four hours of continuing education credits in ethics and submitted proof of completion to the Board. (Board approved Settlement Agreement)

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS,SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent: Michael J. Castro
Case Number: ENG 2014-22-L
Sanction: $1,500.00 fine
Effective Date: 1-15-15

Respondent admits that by having disciplinary action taken against him in Oregon and not reporting it within 30 days to the Hawaii Board, he violated HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement)

Respondent: Charles E. Rawls
Case Number: ENG 2014-28-L
Sanction: $1,000.00 fine; agrees not to engage in any activity for which an architect’s license is required in the State of Hawaii until he completes the required continuing education courses
Effective Date: 1-15-15

Respondent admittedly violated HRS §§ 436B-13 and/or 464-9(d) by failing to satisfy continuing education requirements necessary for license renewal. (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/.

# # #