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RELEASE: DCCA DISCIPLINARY ACTIONS (Through August 2020)

Posted on Sep 25, 2020 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
September 25, 2020

DCCA DISCIPLINARY ACTIONS
(Through August 2020)

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 August 2020 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 ELECTRICIANS AND PLUMBERS

Respondent:     Ody B. Duldulao (Hawaii)
Case Number:   ENP 2018-18-L
Sanction:          $1,500 fine
Effective Date: 8-4-20

RICO alleges that on or about April 4, 2016, Respondent was convicted of Reckless Driving.  Despite the conviction, Respondent allegedly answered “No” to the question on his renewal application, submitted on August 31, 2018, that asked: “In the past 3 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 436B-19(a)(5) and (12) and 448E-10(a)(1).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondent:     Andrew R. Brodzinski (Maui)
Case Number:   CLB 2019-276-L
Sanction:          $2,500 fine
Effective Date: 7-31-20

RICO alleges that Respondent’s contract for the renovation of a residence in Paia, Hawaii was missing required homeowner disclosures, in possible violation of HRS § 444.25.5(b) and HAR § 16-77-80.  (Board approved Settlement Agreement.)

Respondents:  Pool Pro, Inc. and Derek G. Smith (Maui)
Case Number:   CLB 2019-477-L
Sanction:          $2,500 fine
Effective Date: 7-31-20

RICO alleges that Respondents’ contract for the construction of an in-ground swimming pool at a residence located in Kihei, Hawaii was missing required homeowner disclosures, in possible violation of HRS § 444.25.5(b) and HAR § 16-77-80.  (Board approved Settlement Agreement.)

Respondents:  Hawaii Design & Development, LLC and Matthew S. Azouz
Case Number:   CLB 2019-17-L
Sanction:          $2,500 fine
Effective Date: 7-31-20

RICO alleges that Respondents’ contract for renovation of a residence located in Kailua, Hawaii was missing required homeowner disclosures, in possible violation of HRS § 444.25.5(b) and HAR § 16-77-80.  (Board approved Settlement Agreement.)

Respondents:  Abhe and Svoboda, Inc. and Gail Svoboda
Case Number:   CLB 2017-365-L and CLB 2019-390-L
Sanction:          $1,000 fine
Effective Date: 7-31-20

RICO alleges that Respondents were disciplined by the State of Oregon and failed to timely report the disciplinary action to the Board, in possible violation of HRS §§ 436B-19(15) and 444-17(6).  (Board approved Settlement Agreement.)

Respondents:  Aquatic Solutions Hawaii, LLC and Steven R. Maratta
Case Number:   CLB 2018-149-L and CLB 2019-37-L
Sanction:          $3,000 fine
Effective Date: 7-31-20

RICO alleges that Respondents failed to provide a written contract and the requisite bond and lien rights, among other required disclosures, to the homeowners for two (2) projects, in possible violation of HRS §§ 444-17(12) and 444.25.5 and HAR § 16-77-80.  (Board approved Settlement Agreement.)

Respondent:     BKP Construction, LLC
Case Number:   CLB 2019-535-L
Sanction:          Voluntary surrender of license
Effective Date: 7-31-20

RICO alleges that on or about May 24, 2018, Bryon Pojas, a member of Respondent, entered into a contract for a home extension for compensation on behalf of Respondent.  At that time, Bryon Pojas was not a licensed contractor, in possible violation of HRS § 444-17(8) (Board approved Settlement Agreement.)

Respondent:     Patrick O. Spaulding
Case Number:   CLB 2019-536-L
Sanction:          $1,000 fine
Effective Date: 7-31-20

RICO alleges that at all times relevant herein, Respondent was the RME of BKP Construction, LLC.  RICO also alleges that on or about May 24, 2018, Bryon Pojas, a member of BKP Construction, LLC, entered into a contract for a home extension for compensation on behalf of BKP Construction, LLC without Respondent’s knowledge.  At the time Bryon Pojas entered into the contract on behalf of BKP Construction, LLC, Bryon Pojas was not a licensed contractor, in possible violation of HRS § 436B-19(17) and HAR § 16-77-70(b), 16-77-71(a)(1) and 16-77-71(a)(2).  (Board approved Settlement Agreement.)

Respondents:  AAA Roofing and General Contractors, Inc. formerly dba AAA Roofing Company, Inc. and James F. Boulton (Maui)
Case Number:   CLB 2014-67-L
Sanction:          $1,500 fine
Effective Date: 7-31-20

RICO alleges that Respondents’ contract for the removal and replacement of a roof at a residence located in Kihei, Hawaii was missing required homeowner disclosures, in possible violation of HRS § 444.25.5(b) and HAR § 16-77-80.  (Board approved Settlement Agreement.)

BOARD OF MASSAGE THERAPY

Respondents:  123 Spa, LLC dba Waikiki Massage 123 Spa and Sarah Juan H. Kim
Case Number:   PHA 2020-7-L
Sanction:          $1,000 fine
Effective Date: 8-14-20

RICO alleges that on or about February 10, 2020, Respondents permitted a person without a massage therapist’s license or permit to act as a massage therapist, in possible violation of HRS § 452-24(a)(1) and HAR § 16-84-11(b).  (Board approved Settlement Agreement.)

HAWAII MEDICAL BOARD

Respondent:     Ira S. Wolke, M.D.
Case Number:   MED 2020-4-L
Sanction:          $500 fine
Effective Date: 8-13-20

RICO alleges that disciplinary action was taken against Respondent in the States of Illinois, Michigan and California and Respondent did not report the disciplinary actions to the Board within thirty days, in possible violation of HRS §§ 453-8(a)(11) and (14).  (Board approved Settlement Agreement.)

Respondent:     Sreelatha Pulakhandam, M.D.
Case Number:   MED 2020-77-L
Sanction:          $1,000 fine
Effective Date: 8-13-20

RICO alleges that disciplinary action was taken against Respondent in the States of Louisiana, Ohio and Florida and Respondent did not report the Louisiana disciplinary action to the Board within thirty days, in possible violation of HRS §§ 453-8(a)(11) and (14).  (Board approved Settlement Agreement.)

Respondent:     Constance R. Tambakis-Odom, M.D.
Case Number:   MED 2020-50-L
Sanction:          $500 fine
Effective Date: 8-13-20

RICO alleges that disciplinary action was taken against Respondent in the States of North Carolina, California, Maryland, Rhode Island, Connecticut and Mississippi and Respondent did not report the California and Rhode Island disciplinary actions to the Board within thirty days, in possible violation of HRS §§ 453-8(a)(11) and (14).  (Board approved Settlement Agreement.)

Respondent:     Mark R. Pulera, M.D.
Case Number:   MED 2020-36-L
Sanction:          $1,000 fine
Effective Date: 8-13-20

RICO alleges that disciplinary action was taken against Respondent in the State of California and Respondent did not report the disciplinary action to the Board within thirty days, in possible violation of HRS §§ 453-8(a)(11) and (14).  (Board approved Settlement Agreement.)

Respondent:     Scott L. Havsy, D.O.
Case Number:   MED 2018-105-L
Sanction:          Voluntary surrender of license
Effective Date: 8-13-20

RICO alleges that disciplinary action was taken against Respondent in the State of Washington, based on allegations related to the maintenance of inventory and the maintenance of acquisition and dispending records, resulting in the voluntary surrender of Respondent’s license, in possible violation of HRS § 453-8(a)(11).  (Board approved Settlement Agreement.)

Respondent:     Roland H. Green, Jr. M.D.
Case Number:   MED 2020-110-L
Sanction:          Voluntary surrender of license
Effective Date: 8-13-20

RICO alleges that Respondent was convicted in federal court of submitting fraudulent Medicare claims, in possible violation of HRS § 453-8(a)(12).  (Board approved Settlement Agreement.)

Respondent:     John C. Ferguson, M.D.
Case Number:   MED 2020-2-L
Sanction:          $500 fine
Effective Date: 8-13-20

RICO alleges that on or about October 3, 2018, Respondent was convicted of the petty misdemeanor criminal charge of Operating a Vehicle Under the Influence of an Intoxicant.  Despite the conviction, Respondent allegedly answered “No” to the question on his November 20, 2019 medical license renewal application that asked: “During the past two years, have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS § 453-8(a)(6).  (Board approved Settlement Agreement.)

Respondent:     Clifton W, Arrington, Jr., M.D.
Case Number:   MED 2016-73-L
Sanction:          $1,000 fine and comply with terms and conditions of deferral
Effective Date: 8-13-20

RICO alleges that Respondent predated or pre-signed prescriptions, and that Respondent was in unlawful possession of controlled substances, in possible violation of HRS § 453-8(a)(13).  (Board approved Settlement Agreement.)

Respondent:     Robert W. Christine, P.A.
Case Number:   MED 2019-42-L
Sanction:          Voluntary surrender of license
Effective Date: 8-13-20

RICO alleges that Respondent submitted a supervising physician verification form to the Board that was false, untrue, or containing a material misrepresentation of fact and that Respondent procured a license through misrepresentation, in possible violation of HRS §§ 453-8(a)(6) and (15).  (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:     Ronald R. Parsons
Case Number:   REC 2020-57-L
Sanction:          $2,500 fine and complete education courses
Effective Date: 8-31-20

RICO alleges that Respondent acted as a real estate sales person, and entered into real estate transactions on behalf of NAI’A NUI RENTALS LLC, an unlicensed limited liability company, in possible violation of HRS §§ 436B-19(7) and (17) and 467-14(13) and HAR §§ 16-99-3(a) and (p).  (Commission approved Settlement Agreement.)

Respondent:     Alice C. Broughton
Case Number:   REC 2020-56-L
Sanction:          $2,500 fine and complete education courses
Effective Date: 8-31-20

RICO alleges that Respondent acted as a real estate sales person, and entered into real estate transactions on behalf of NAI’A NUI RENTALS LLC, an unlicensed limited liability company, in possible violation of HRS §§ 436B-19(7) and (17) and 467-14(13) and HAR §§ 16-99-3(a) and (p).  (Commission approved Settlement Agreement.)

COLLECTION AGENCY PROGRAM

Respondent:     Collection Management Company dba Pittsburgh PA Credit Management Company
Case Number:   COL 2019-2-L
Sanction:          $1,000 fine
Effective Date: 8-12-20

RICO alleges that on or about June 11, 2018, Respondent self-reported on its 2018 renewal application that it had been disciplined by the State of Colorado effective March 14, 2018, in possible violation of HRS §§ 436B-19(13) and (15).  (Director approved Settlement Agreement.)

MENTAL HEALTH COUNSELOR LICENSING PROGRAM

Respondent:     Desrae K. Kahale
Case Number:   MHC 2019-1-L
Sanction:          $1,000 fine and comply with terms and conditions of deferral
Effective Date: 8-24-20

RICO alleges that Respondent was excluded from participation in all Federal health care programs as a result of her criminal case in the First Circuit Court, State of Hawaii, and failed to notify the Program of this determination, in possible violation of HRS §§ 436B-19(13) and 436B-16(a).  (Director approved Settlement Agreement.)

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

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Media Contact:
Jayson Horiuchi
Communications Officer
Department of Commerce and Consumer Affairs
Email: [email protected]
Phone: (808) 586-7582