RELEASE: DCCA Disciplinary Actions (Through February 2018)

Posted on Mar 13, 2018 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
March 13, 2018

DCCA DISCIPLINARY ACTIONS
(Through February 2018)

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 February 2018 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 BARBERING AND COSMETOLOGY

Respondent:        Russell H. Sharpe, Jr.

Case Number:     BAR 2015-55-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     2-26-18

Respondent, as designated and supervising barber, was allegedly not present on the premises of a licensed barber shop when a barber apprentice was performing barbering services for compensation, in possible violation of HRS §§ 438-1 and 438-14(a)(4).  (Board approved Settlement Agreement.)

 

BOARD OF ELECTRICIANS AND PLUMBERS

Respondent:        Jeffrey N. Furtado (Hawaii)

Case Number:     ENP 2015-15-L

Sanction:             $750 fine                                                                                                                          

Effective Date:     2-13-18

Respondent allegedly violated HRS §§ 436B-19(2) and 448E-10(a)(1).  (Board approved Settlement Agreement.)

 

CONTRACTORS LICENSING BOARD

Respondents:      Eliam Construction, LLC and Erick M. Allende (Hawaii)

Case Number:     CLB 2015-208-L

Sanction:             Voluntary surrender of license                                                                                         

Effective Date:     2-16-18

Respondents allegedly violated HRS §§ 436B-19(17), 444-17(1), 444-17(3), 444-17(4), 444-17(11), 444-17(12) and 444-17(13) and HAR §§ 16-77-71 and 16-77-75.  (Board approved Settlement Agreement.)

 

Respondent:        Xiangfeng Cao dba Hua Xia Building & Construction aka Hua-Xia Construction, LLC aka HX Building & Construction, LLC aka Hua Xia Construction

Case Number:     CLB 2016-485-L

Sanction:             $6,000 fine                                                                                                                       

Effective Date:     2-16-18

Respondent’s construction contract with homeowner allegedly did not specify the percentage of work to be subcontracted and the names and license numbers of the subcontractors.  Respondent allegedly failed to discuss or furnish a performance and payment bond despite the contract calling for the contractor to “furnish a performance and payment bond in an amount equal to one hundred percent (100%) of the contract price.”  Respondent allegedly abandoned and failed to complete the project, failed to follow the plans and specifications, and displayed poor workmanship outside of trade standards.  Respondent’s trade names are allegedly not properly registered with the DCCA and filed with the Board.  The foregoing allegations constitute possible violations of HRS §§ 436B-19(2), 436B-19(7), 444-17(1), 444-17(3), 444-17(5), 444-17(11), 444-17(13), 444-25.5(a)(2), 444-25.5(b)(1) and HAR §§ 16-77-8(a), 16-77-79(a)(4), 16-77-80(a)(5) and 16-77-97.  (Board approved Settlement Agreement.)

 

Respondents:      Robert H. Hamm and Siemens Medical Solutions USA, Inc.

Case Number:     CLB 2017-233-L

Sanction:             $15,000 fine                                                                                                                     

Effective Date:     2-16-18

Respondent Hamm was allegedly not in residence in the State of Hawaii for periods of time while Respondent Siemens was hired to oversee renovation work at the angiogram, nuclear medicine, and ultrasound suites at the Hilo Medical Center being performed by another contractor, in possible violation of HRS § 444-17(12) and HAR § 16-77-71(a)(4).  (Board approved Settlement Agreement.)

 

Respondent:        Lonny B. Cooper (Hawaii)

Case Number:     CLB 2016-376-L

Sanction:             $5,000 fine                                                                                                                       

Effective Date:     2-16-18

Respondent allegedly practiced beyond the scope of his “B” general building contractor license when he assumed to act as a specialty contractor in an area in which Respondent does not hold a specialty classification, in possible violation of HRS § 444-9 and HAR §§ 16-77-33(a) and 16-77-33(b).  (Board approved Settlement Agreement.)

 

Respondent:        Kenneth K.Y. Park dba ARA Contracting

Case Number:     CLB 2017-312-L

Sanction:             $5,000 fine                                                                                                                       

Effective Date:     2-16-18

Respondent allegedly aided and abetted an unlicensed person to evade the requirements of HRS Chapter 444, in possible violation of HRS § 444-9.3.  (Board approved Settlement Agreement.)

 

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:        Donovan T. Nachor (Hawaii)

Case Number:     MVI 2017-38-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     2-20-18

On or about January 22, 2009, Respondent was convicted of the petty misdemeanor offense of Operating a Vehicle Under the Influence of an Intoxicant (“OVUII”) in the District Court of the Third Circuit, State of Hawaii.  On or about December 3, 2013, Respondent was convicted of the petty misdemeanor offense of OVUII in the District Court of the First Circuit, State of Hawaii.  On or about December 11, 2013, Respondent was convicted of the petty misdemeanor offense of Operating a Vehicle After License and Privilege have been Suspended or Revoked for OVUII.  Despite the convictions, on or about March 10, 2015, Respondent submitted a Motor Vehicle Salesperson license application to the Board in which he answered “no” to the question, “Have you been convicted of a crime in any jurisdiction that has not been annulled or expunged?”, in violation of HRS §§ 436B-19(2) and 437-28(a)(1).  (Board approved Settlement Agreement.)

 

BOARD OF NURSING

Respondent:        Shaina K. Kaku (Hawaii)

Case Number:     RNS 2017-62-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     2-1-18

On or about March 21, 2016, Respondent was allegedly convicted of Operating a Vehicle Under the Influence of an Intoxicant in the District Court of the Third Circuit.  Despite the conviction, on or about June 2, 2017, Respondent submitted a renewal license application for her registered nurse’s license and answered “no” to question #3, “In the past 2 years, have you been convicted of a crime for which the conviction has not been annulled or expunged?”, in possible violation of HRS Chapters 436B, 457 and/or HAR Chapter 16-89.  (Board approved Settlement Agreement.)

 

Respondent:        Tina E. McIntosh, R.N

Case Number:     RNS 2017-59-L

Sanction:             $500 fine and comply with the Alaska Order                                                                  

Effective Date:     2-1-18

Respondent was allegedly the subject of disciplinary action in Alaska based on allegations related to continuing competency requirements and may have failed to report the action in Hawaii, in potential violation of HRS §§ 457-12(a)(8) and 457-12(a)(10).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Andrea R. Botefuhr dba Andrea Von Botefuhr (Maui)

Case Numbers:   REC 2017-222-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     2-23-18

In or around March 2017, Respondent was allegedly convicted in the State of Hawaii of the criminal offense of Operating a Vehicle Under the Influence of an Intoxicant, in possible violation of HRS §§ 436B-19(12), 436B-19(14) and 436B-19(17).  (Commission approved Settlement Agreement.)

 

ACTIVITY DESK PROGRAM

Respondent:        Experience Hawaii Tours, LLC dba Experience Hawaii Group and Hawaiiweb.com.

Case Numbers:   ADP 2016-1-L and ADP 2016-18-L (Consolidated)

Sanction:             Revocation of activity desk registration, pay restitution to two (2) activity providers and pay $5,000 fine                                                                                                                       

Effective Date:     2-15-18

Respondent failed to notify the Director and/or the Program that its client trust account was changed and/or closed, in violation of HRS §§ 468M-9(b), 468M-9(d) and 436B-19(17) and HAR §§ 16-117-25(c), 16-117-25(e), 16-117-48(2), 16-117-48(3) and 16-117-48(7);  failed to notify the Director and/or the Program that in January 2016 it was conducting business in the lobby of the Equos Hotel, in violation of HRS § 436B-19(17) and HAR §§ 16-117-14(b), 16-117-48(4) and 16-117-48(7);  and failed to pay two (2) activity providers in full, in violation of HRS §§ 436B-19(8), 436B-19(17) and 468M-9(b)(1) and HAR §§ 16-117-25(c)(1) and 16-117-48(7).  (Director’s Final Order after contested case hearing).

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

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Media Contact:
William Nhieu
Communications Officer
Department of Commerce and Consumer Affairs
Email: Wnhieu@dcca.hawaii.gov
Office: (808) 586-7582
Cell: (808) 389-2788