RELEASE: DCCA DISCIPLINARY ACTIONS (THROUGH APRIL 2019)

Posted on May 17, 2019 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 17, 2019

DCCA DISCIPLINARY ACTIONS

(Through April 2019)

HONOLULU – The state Department of Commerce and Consumer Affairs (DCCA) and the state Boards and Commissions released a summary of disciplinary actions through the month of April 2019 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 NURSING

Respondent:        Adrian M. Medina, R.N., A.P.R.N.

Case Number:     RNS 2017-14-L

Sanction:             Voluntary surrender of licenses                                                                                       

Effective Date:     4-4-19

On or about December 20, 2018, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, HRS §§ 436B-19(7), 436B-19(12) and 457-12(a)(6) and HAR §§ 16-89-60(6)(B), 16-89-60(6)(D), 16-89-60(7)(A) and 16-89-60(7)(C).  (Board approved Settlement Agreement.)

 

Respondent:        Apolinario S. Dancel, Jr., R.N. aka Jimmy Dancel, Jr., R.N. (Maui)

Case Number:     RNS 2016-86-L

Sanction:             Probation two (2) years and $500 fine                                                                            

Effective Date:     4-4-19

RICO received a complaint regarding allegations that from on or about August 8, 2015 through on or about August 6, 2016, while employed as a registered nurse at Hale Makua Health Services, Respondent acted unprofessionally with respect to one of the elderly residents who was under his care, in possible violation of HRS § 457-12(a)(6) and HAR §§ 16-89-60(6)(a), 16-89-60(6)(f) and 16-89-62(7)(a).  (Board approved Settlement Agreement.)

 

MEDICAL BOARD

Respondent:        Scott D. Crozier (Hawaii)

Case Number:     MED 2018-130-L

Sanction:             License revocation                                                                                                           

Effective Date:     4-11-19

On or about February 13, 2019, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, HRS §§ 436B-19(14), 436B-19(17) and 453-8(a)(15).  (Board approved Settlement Agreement.)

 

Respondent:        Carlos N. Rios, M.D.

Case Number:     MED 2011-47-L and MED 2014-23-L

Sanction:             Voluntary surrender of license                                                                                         

Effective Date:     4-11-19

Respondent was allegedly convicted of three counts of Operating a Vehicle Under the Influence of an Intoxicant on January 24, 2008, December 12, 2012 and April 22, 2015, and allegedly failed to notify the licensing authority of his change of address within thirty days, in possible violation of HRS §§ 453-8(a)(12) and 436B-17.  (Board approved Settlement Agreement.)

 

BOARD OF ACUPUNCTURE

Respondent:        Mike Masayuki Hashimoto

Case Number:     ACU 2016-1-L

Sanction:             Maintain license for teaching purposes only, cease practicing acupuncture in the State of Hawaii                                                                                                                              

Effective Date:     4-4-19

RICO received a complaint alleging that Respondent acted with gross carelessness and engaged in unprofessional conduct with respect to a patient while Respondent was practicing acupuncture in 2016, in possible violation of HRS § 436E-10(5).  (Board approved Settlement Agreement.)

 

BOARD OF ELECTRICIANS AND PLUMBERS

Respondent:        George W. Boeckmann (Hawaii)

Case Number:     ENP 2018-11-L

Sanction:             $750 fine                                                                                                                          

Effective Date:     4-9-19

RICO alleges that on or about June 9, 2011, Respondent was convicted in the District Court of the Third Circuit, State of Hawaii of the petty misdemeanor offense of Operating a Vehicle Under the Influence of an Intoxicant; and on or about August 6, 2012, Respondent was convicted in the District Court of the Third Circuit, State of Hawaii of the petty misdemeanor offenses of Driving After License Suspended and Failure to Appear; and on or about October 22, 2012, Respondent was convicted in the District Court of the Third Circuit, State of Hawaii of the misdemeanor offense of Criminal Contempt.  Despite the foregoing convictions, on or about May 27, 2014, Respondent allegedly electronically renewed his supervising electrician’s license and answered “no” in response to the question: “In the past 3 years have you been convicted of a crime which has not been annulled or expunged?”, in possible violation of HRS § 448E-10(a)(1).  (Board approved Settlement Agreement.)

 

CONTRACTORS LICENSE BOARD

Respondent:        Stephen J. Menezes (Hawaii)

Case Numbers:   CLB 2019-19-L

Sanction:             $500 fine

Effective Date:     4-12-19

RICO alleges that on or about January 19, 2017, Respondent was convicted of the petty misdemeanor offense of Operating a Vehicle Under the Influence of an Intoxicant in the District Court of the Third Circuit, State of Hawaii.  Despite the foregoing conviction, on or about August 12, 2018, Respondent allegedly electronically submitted his contractor’s license renewal application and answered “no” in response to the question: “In the past 2 years have you been convicted of a crime which has not been annulled or expunged?”, in possible violation of HRS §§ 436B-19(5) and 444-17(10).  (Board approved Settlement Agreement.)

 

Respondent:        Michael S. Malkovich

Case Number:     CLB 2008-445-L

Sanction:             Voluntary revocation of license                                                                                       

Effective Date:     4-12-19

RICO received a complaint alleging that Respondent failed to include required homeowner contract disclosures in his contract for the renovation of a residence and exhibited poor workmanship, in possible violation of HRS § 444-25.5 and HAR §§ 16-77-80 and 16-77-97.  (Board approved Settlement Agreement.)

 

Respondents:      True Line Construction Services, LLC and Reynaldo U. Tabura

Case Number:     CLB 2018-139-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     4-12-19

Respondents allegedly entered into a contract to install tiles without the required C51 or C51a classification license, in possible violation of HAR § 16-77-33(c).  (Board approved Settlement Agreement.)

 

Respondent:        H Nu Solar, LLC dba H Nu Energy (Maui)

Case Number:     CLB 2018-250-L

Sanction:             $2,000 fine                                                                                                                       

Effective Date:     4-12-19

RICO alleges that during the course of installing a photovoltaic system, Respondent failed to properly supervise the apprentice electrician to ensure compliance with the 1:1 ratio of licensed electricians to apprentice electricians, in possible violation of HRS § 444-9.5(b).  (Board approved Settlement Agreement.)

 

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondents:      Frank the Used Car Guy, dba Windward Cars and Frank B. Caliri

Case Number:     MVI 2013-26-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     4-16-19

Respondent Frank the Used Car Guy, dba Windward Cars allowed its salesperson to advertise vehicles registered to Respondent Frank the Used Car Guy, dba Windward Cars on Craigslist under the category of “for sale by owners” and the photos of these vehicles failed to depict the license plates, in violation of HRS §§ 437-4(b), 437-28(a)(10) and 437-4(c)(1)(c).  Respondent Frank the Used Car Guy, dba Windward Cars also failed to register “Windward Cars” as a trade name with the Board in March 2013, in violation of HRS § 437-28(a)(2).  Respondent Frank B. Caliri failed to supervise his employee by allowing his employee to improperly advertise vehicles on Craigslist, in violation of HRS § 437-15.  (Board approved Settlement Agreement.)

 

BOARD OF PHARMACY

Respondent:        Medimpact Direct, LLC

Case Number:     PHA 2019-5-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     4-18-19

RICO alleges that disciplinary action was taken against Respondent in Maine, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Gerald T. Takasaki

Case Number:     REC 2018-365-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     4-26-19

Respondent allegedly failed to ensure that an associated real estate agent’s license was current and active, in possible violation of HRS § 467-1.6(b)(7).  (Commission approved Settlement Agreement.)

 

Respondent:        Kira A. Long

Case Number:     REC 2017-11-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     4-26-19

Respondent self-reported in 2016 that she had been convicted of the offense of Operating a Vehicle Under the Influence of an Intoxicant in the District Court of the First Circuit, State of Hawaii, in possible violation of HRS § 436-19(14).  (Commission approved Settlement Agreement.)

 

COLLECTION AGENCY PROGRAMS

Respondent:        Allied Interstate, LLC fka Allied Interstate, Inc.

Case Number:     COL 2018-11-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     4-10-19

Respondent self-reported to the Program that it had been disciplined by the State of Colorado for failing to disclose on its renewal application that it was named as a defendant in civil actions filed in accordance with the business of debt collection, in possible violation of HRS § 436B-19(13).  (Director approved Settlement Agreement.)

Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/

# # #

Media Contact:

William Nhieu
Communications Officer
Department of Commerce and Consumer Affairs
wnhieu@dcca.hawaii.gov
Phone: (808) 586-7582 • Cell: (808) 389-2788
http://cca.hawaii.gov