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RELEASE: DCCA DISCIPLINARY ACTIONS (Through November 2020)

Posted on Dec 24, 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
December 24, 2020

DCCA DISCIPLINARY ACTIONS
(Through November 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 November 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.

HAWAII BOARD OF VETERINARY MEDICINE

Respondent:     Samantha L. Judge, D.V.M.
Case Number:   VET 2-019-12-L
Sanction:          $500 fine
Effective Date: 11-9-20

RICO alleges that disciplinary action was taken against Respondent by the State of Virginia and Respondent failed to report the Virginia action to the Board within thirty days, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

BOARD OF PHYSICAL THERAPY

Respondent:     Martine Garcia fka Martine Twist (Kauai)
Case Number:   PTS 2020-11-L
Sanction:          $150 fine
Effective Date: 11-17-20

RICO alleges that: (1) Respondent failed to complete two required continuing competence units in ethics, laws, and rules (jurisprudence), or some combination thereof, between January 1, 2017 and December 31, 2018 at the time she submitted her December 2018 license renewal application for the 2019-2020 licensing period; and (2) Respondent misrepresented on her December 2018 renewal application that she had completed all the required competence units, in possible violation of HRS §§ 461J-12(a)(7) and 461J-12(a)(11).  (Board approved Settlement Agreement.)

Respondent:     Roy S. Murakami
Case Number:   PTS 2020-25-L
Sanction:          $100 fine
Effective Date: 11-17-20

RICO alleges that Respondent completed thirty continuing competence units at the time Respondent submitted his renewal application to the Board, however, two units in ethics and jurisprudence were not Board-approved, in possible violation of HRS §§ 461J-10.1(a) and 461J-12(a)(11).  (Board approved Settlement Agreement.)

MOTOR VEHICLE REPAIR INDUSTRY BOARD

Respondent:     Pacific Motor Works, Inc.
Case Number:   ARP 2012-48-L
Sanction:          License Revocation and $5,000 fine
Effective Date: 11-24-20

The Board found and concluded that Respondent violated HRS §§ 436B-16, 436B-19(2) and (5) and 437B-11(1) along with HAR §§ 16-87-11(j) and (i).  (Board’s Final Order after contested case hearing.)

Respondent:     Robert K. Tashiro dba Kailua Service Station
Case Number:   ARP 2019-5-L
Sanction:          Voluntary surrender of license and agreement not to seek reinstatement or restoration or reapply for licenses in Hawaii
Effective Date: 11-24-20

RICO alleges that Respondent Robert K. Tashiro engaged in activities of a mechanic for compensation without a valid mechanic’s license, in possible violation of HRS §§ 437B-7, 437B-11(6) and 436B-19(17).  RICO further alleges that Respondent Kailua Service Station engaged in activities of a repair dealer for compensation without a valid repair dealer’s license, in possible violation of HRS §§ 437B-7, 437B-11(6) and 436B-19(17).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents:  Brilliant Construction, Inc. and Benny Lee
Case Number:   CLB 2018-284-L
Sanction:          $2,500 fine each
Effective Date: 11-20-20

The Board found and concluded that Respondent Brilliant Construction violated HRS §§ 436B-19(8) and 444-17(6), and Respondent Lee violated HAR § 16-77-71(a)(5).  (Board’s Final Order after contested case hearing.)

Respondent:     Peter Ma
Case Number:   CLB 2017-274-L, CLB 2018-55-L, CLB 2018-56-L
Sanction:          $2,500 fine
Effective Date: 11-20-20

RICO alleges that Respondent permitted a part owner of Ohana Builders Group, Inc., who did not hold a valid Hawaii contractor license, to write checks and enter into contracts for projects without review or approval of Respondent, in possible violation of HRS § 444-17(9) and HAR § 16-77-71.  (Board approved Settlement Agreement.)

Respondents:  Always On Electric Power and Charles F. Meredith
Case Number:   CLB 2019-157-L
Sanction:          $5,000 fine
Effective Date: 11-20-20

RICO alleges that Respondents were paid by an unlicensed contractor to obtain an electrical permit for re-wiring a house, knowing that the electrical work was to be performed by that unlicensed contractor, in possible violation of HRS § 444-9.3.  (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent:     Elsa P. Talavera, R.N.
Case Number:   RNS 2016-101-L
Sanction:          $1,000 fine and complete continuing education
Effective Date: 11-5-20

RICO alleges that while employed as a registered nurse and president of a case management agency, Respondent did not appropriately supervise, delegate, and or safeguard M.T. from incompetent health care practices with regard to M.T.’s pressure ulcer, or open sore, in possible violation of HRS § 457-12(a)(6) and HAR §§ 16-89-60(6)(D), 16-89-60(7)(F) and 16-89-100(b).  (Board approved Settlement Agreement.)

Respondent:     Jessica M. Fackender, R.N. (Hawai’i)
Case Number:   RNS 2019-48-L
Sanction:          $1,500 fine
Effective Date: 11-5-20

RICO alleges that disciplinary action was taken against Respondent in the State of Oregon and Respondent failed to provide written notice of the Oregon Order to the Board, in possible violation of HRS §§ 457-12(a)(8) and 457-12(a)(10).  (Board approved Settlement Agreement.)

Respondent:     April A. Beatty (Hawai’i)
Case Number:   RNS 2020-3-L
Sanction:          Voluntary suspension of license for two (2) years, or as long as the suspension in North Carolina lasts, whichever is longer.
Effective Date: 11-5-20

RICO alleges that disciplinary action was taken against Respondent in the State of Ohio based on disciplinary action taken against Respondent in the State of North Carolina, in possible violation of HRS § 457-12(a)(8).  (Board approved Settlement Agreement.)

Respondent:     Anitalei D. Alexio aka Anitalei L. Davalos
Case Number:   RNS 2020-19-L
Sanction:          $500 fine and comply with Federal Probation
Effective Date: 11-5-20

RICO alleges that Respondent was convicted in the United States District Court for the District of Hawaii of Conspiracy to Commit Theft of Public Money, File False Claims with the Internal Revenue Service, Wire Fraud and Money Laundering, in possible violation of HRS §§ 436B-19(2) and 457-12(a)(11).  (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:     McShane A. Dator aka Mack Dator
Case Number:   REC 2019-401-L
Sanction:          $1,000 fine
Effective Date: 11-24-20

RICO alleges that on or about September 24, 2014, Respondent was convicted of the petty misdemeanor offense of Operating a Vehicle Under the Influence of an Intoxicant.  RICO also alleges that on or about March 12, 2019, Respondent submitted an application for a Real Estate Salesperson license and answered “No” to the question: “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 § 467-20.  (Commission approved Settlement Agreement.)

Respondent:     Michael P. Perkins dba Mike Perkins
Case Number:   REC 2018-160-L
Sanction:          $1,000 fine
Effective Date: 11-20-20

RICO alleges that Respondent failed to renew his real estate salesperson license when it expired on December 31, 2016 and said license was placed in inactive status from January 1, 2017 to May 8, 2018.  RICO also alleges that during the time where Respondent’s license was inactive, Respondent earned income derived from real estate transactions by providing research, analytical, administrative, and other support for the brokerage firm he was affiliated with, in possible violation of HRS § 467-7.  (Commission approved Settlement Agreement.)

Respondent:     Andrew D. Friedlander
Case Number:   REC 2018-161-L
Sanction:          $1,500 fine
Effective Date: 11-20-20

RICO alleges that a real estate salesperson, Michael Perkins, who is affiliated with Colliers International Hawaii, LLC failed to renew his real estate salesperson license when it expired on or about December 31, 2016.  Mr. Perkins did not renew his real estate salespersons license until April 18, 2018.  During this time, Mr. Perkin’s was involved in real estate activity by providing research, analysis, and administrative support to Colliers International Hawaii, LLC, in possible violation of HRS § 467-1.6(b)(7).  (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:
Jayson Horiuchi
Communications Officer
Department of Commerce and Consumer Affairs
Email: [email protected]
Phone: (808) 586-7582