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RELEASE: DCCA DISCIPLINARY ACTIONS (Through February 2020)

Posted on Mar 13, 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

March 13, 2020

DCCA DISCIPLINARY ACTIONS

(Through February 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 February 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.

CONTRACTORS LICENSE BOARD

Respondent:        John Mingo, dba Emery Plumbing (Hawaii)

Case Number:     CLB 2019-400-L

Sanction:             $2,500 fine                                                                                                                       

Effective Date:     2-14-20

RICO alleges that Respondent entered into a contract for plumbing work and failed to give homeowner a copy of the written contract.  RICO further alleges that Respondent failed to: 1) explain in detail the lien rights of all parties performing under the contract; 2) explain the homeowner’s right to demand bonding on the project; 3) explain how the bond would protect the homeowner or the approximate expense of the bond; and 4) provide notice of the contractor’s right to resolve alleged construction defects prior to the commencing of any litigation under HRS Section 672E-11, in possible violation of HRS §§ 444-25.5(a)(1) and (2) and 444-25.5(b)(1) and (2) and HAR §§ 16-77-79(a)(4) and 16-77-80(a)(7).  (Board approved Settlement Agreement.)

 

Respondents:      International Roofing & Building Construction, Inc. and Francis T. Robiniol

Case Number:     CLB 2019-376-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     2-14-20

RICO alleges that Respondent failed to report two (2) Notice of Violations to the Contractors License Board within thirty (30) days, in possible violation of HRS §§ 436B-16 and 444-17(6). (Board approved Settlement Agreement.)

 

BOARD OF PSYCHOLOGY

Respondent:        Phuong Thuy T. Tran, Psy.D.

Case Number:     PSY 2019-19-L

Sanction:             $500 fine and complete education courses                                                                    

Effective Date:     2-14-20

RICO alleges that Respondent failed to complete the continuing education hours needed to renew her license as required by HRS § 465-11(c)(2), and submitted a renewal application to the Board certifying that she complied with the continuing education requirements required by HRS Chapter 465, despite not having completed the required eighteen (18) continuing education hours, in possible violation of HRS §§ 436B-19(1), 465-11(g), 465-13(a)(2) and 465-13(a)(19).  (Board approved Settlement Agreement.)

 

HAWAII MEDICAL BOARD

Respondent:        David A. McCall, M.D.

Case Number:     MED 2019-116-L

Sanction:             Voluntary surrender of license, $2,500 fine and comply with California Decision          

Effective Date:     2-13-20

On or about November 27, 2019, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statute(s) and/or rule(s): HRS §§ 453-8(a)(6), (7), (11), (14) and (15).  (Board approved Settlement Agreement.)

 

Respondent:        Susan H. Senft, M.D. (Hawaii)

Case Number:     MED 2018-59-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     2-13-20

RICO alleges that Respondent made misrepresentations on her 2017 Hawaii medical license renewal application, in possible violation of HRS § 453-8(a)(6).  (Board approved Settlement Agreement.)

 

Respondent:        Nyree Padilla, M.D.

Case Number:     MED 2018-39-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     2-13-20

RICO alleges that Respondent was subject to disciplinary action by the medical licensing boards in Illinois, Missouri, New Mexico, California, Washington, and Virginia based upon an alleged misrepresentation to a question on a medical license application form concerning her status in a residency program, in possible violation of HRS § 453-8(a)(11).  (Board approved Settlement Agreement.)

 

MOTOR VEHICLE REPAIR INDUSTRY BOARD

Respondent:        Jason Lalonde (Hawaii)

Case Number:     ARP 2018-107-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     1-16-20

RICO alleges that on or about August 2, 2016, Respondent was convicted of Excessive Speeding in the State of Hawaii.  Despite the conviction, Respondent allegedly answered “No” to the question on his motor vehicle mechanic license renewal application dated May 19, 2017 that asked: “In the past 2 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(5).  (Board approved Settlement Agreement.)

 

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANSCAPE ARCHITECTS

Respondent:        Brady W. Harding

Case Number:     ENG 2018-16-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     2-20-20

 

RICO alleges that Respondent was disciplined by the State of Delaware and Respondent failed to report the disciplinary action in writing within thirty (30) days as required by Hawaii law, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Sandra L. Bangerter and Red Flash LLP dba Re/Max Kai Lani

Case Number:     REC 2016-225-L (Consolidated)

Sanction:             Voluntary revocation of licenses, agreement not to seek reinstatement or restoration of licenses or new licenses, $10,000 fine and $71,162.50 restitution                                

Effective Date:     2-28-20

RICO alleges that on or about August 8, 2019, RICO filed Petitions for Disciplinary Action Against Real Estate Licenses in RICO Case Nos. REC 2016-225-L, REC 2016-243-L, REC 2016-249-L, REC 2016-255-L, REC 2016-264-L, REC 2016-265-L, REC 2016-267-L, REC 2016-274-L, REC 2016-275-L, REC 2016-286-L, REC 2016-288-L, REC 2016-293-L, REC 2016-305-L, REC 2016-318-L, REC 2016-362-L, REC 2017-30-L, and REC 2017-389-L alleging that Respondents violated the following statutes and rules: HRS §§ 436B-16(a) (failure to provide written notice of judgment), 436B-19(2) (making untruthful or improbable statements), 436B-19(7) (professional misconduct), 436B-19(8) (failure to maintain record of competency, trustworthiness, fair dealing and financial integrity, 436B-19(9) (conduct contrary to recognized standards of ethics) and 436B-19(17) (violating Chapter 436B, licensing law, rule or order of licensing authority), 467-14(1) (making any misrepresentation concerning any real estate transaction), 467-14(7) (failing to account for monies belonging to others), 467-14(8) (fraudulent or dishonest dealings), 467-14(13) (violating Chapter 467 or rules adopted), 467-14(16) (converting other people’s monies to licensee’s own use) and 467-14(20) (failure to maintain record of competency, honesty, truthfulness, financial integrity and fair dealing) and HAR §§ 16-99-3(b) (licensee shall protect public against fraud, misrepresentation or unethical practices in real estate field) and 16-99-3(v) (licensee shall not convert other people’s monies to licensee’s own use).  On August 13, 2019, all matters were consolidated into the Proceeding for Case REC 2016-225-L.  (Commission approved Settlement Agreement.)

 

Respondent:        Mei Yun He, dba Coco He

Case Number:     REC 2019-472-L

Sanction:             $1,500 fine                                                                                                                       

Effective Date:     2-28-20

RICO alleges that Respondent’s real estate salesperson’s license was inactive from January 1, 2017 to January 31, 2018 during which time Respondent engaged in various real estate transactions requiring a license, in possible violation of HRS § 467-7.  (Commission approved Settlement Agreement.)

 

Respondent:        Vincent Lao

Case Number:     REC 2019-473-L

Sanction:             $2,000 fine                                                                                                                       

Effective Date:     2-28-20

RICO alleges that the real estate salesperson’s license of Mei Yun He, dba Coco He, who is associated with Five Star Realty, Inc., for which Respondent is the principal broker since January 5, 2004, was expired from January 1, 2017 to January 31, 2018 due to a misunderstanding of the renewal period, during which time Respondent earned commissions from various real estate transactions, in possible violation of HRS § 467-1.6(b)(7).  (Commission approved Settlement Agreement.)

 

Respondent:        Richard M. Degutis

Case Number:     REC 2019-521-L

Sanction:             $1,500 fine                                                                                                                       

Effective Date:     2-28-20

RICO alleges that on or about February 21, 2012, Respondent was convicted of Harassment.  RICO further alleges that on or about April 23, 2013, Respondent was convicted of Operating a Vehicle Under the Influence of an Intoxicant.  Despite the convictions, Respondent allegedly answered “No” to the question on his initial application for real estate salesperson’s license dated on or about June 24, 2013 that asked: “During the past 20 years have you ever been convicted of a crime where there has not been an order annulling or expunging the conviction?”, in possible violation of HRS §§ 436B-19(2), (5), (12), (14) and (17) and 467-20.  (Commission approved Settlement Agreement.)

 

Respondents:      Terrance W.H. Wong, Jr., Honolulu Property Management LLC and Matthew A. Brummel

Case Number:     REC 2019-479-L

Sanction:             Terrance W.H. Wong, Jr.:  $1,000 fine and complete education courses;                     

                              Honolulu Property Management LLC and Matthew A. Brummel:  $1,000 fine and $275 restitution

Effective Date:     2-28-20

RICO alleges that Respondents:  1) wrongfully withheld a portion of the deposit, which was subsequently returned to the tenant;  2) failed to return the lease breakage fee even after the tenant paid the rent for the remainder month on the lease; and 3) used a photo of another unit in the building in an advertisement of the vacated unit for rental on the brokerage firm’s website, in possible violation of HRS §§ 467-1.6(a) and (b)(3), 467-14(1), (7), (8), (13), (18) and (20) and HAR § 16-99-3(b).  (Commission approved Settlement Agreement.)

 

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: [email protected]

Office: (808) 586-7582