RELEASE: DCCA DISCIPLINARY ACTIONS (Through September 2018)

Posted on Oct 12, 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
October 12, 2018

DCCA DISCIPLINARY ACTIONS
(Through September 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 September 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 NURSING

Respondent:        John E. Sulecki, R.N.

Case Number:     RNS 2015-74-L

Sanction:             License revocation

Effective Date:     9-6-18

 

The Board voted to uphold its Board’s Final Order (“BFO”) dated December 1, 2016, and to revoke Respondent’s license based on his failure to comply with the BFO monitor plan.  (Board’s Final Order for Noncompliance with a Previous Board’s Final Order.)

 

BOARD OF PHYSICAL THERAPY

Respondent:        Jason M. Burns

Case Number:     PTS 2017-8-L

Sanction:             $150 fine and complete two (2) continuing competency units

Effective Date:     9-11-18

 

Respondent failed to timely complete two (2) required continuing competency units in violation of HRS §§ 461J-10.1 and 461J-12(a)(11).  (Board approved Settlement Agreement.)

 

MEDICAL BOARD

Respondent:        Vinson Michael Disanto, D.O.

Case Number:     MED 2017-60-L

Sanction:             Reprimand, $2,000 fine and comply with Illinois Order and Idaho Order

Effective Date:     9-13-18

 

Respondent was allegedly disciplined in Illinois and failed to report the Illinois Order within thirty (30) days as required by Hawaii law, and was allegedly disciplined in Idaho, in possible violation of HRS §§ 453-8(a)(11) and 453-8(a)(14).  (Board approved Settlement Agreement.)

 

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent:        Roy G. Hollowell

Case Number:     ENG 2014-38-L

Sanction:             Voluntary revocation of license

Effective Date:     9-13-18

 

Respondent allegedly aided and abetted an unlicensed land surveyor by remotely supervising and signing off on a survey under a company for which Respondent was not directly in charge of the land surveying activity, in possible violation of HRS §§ 436B-19(6) and 464-12 and HAR § 16-115-4.  (Board approved Settlement Agreement.)

 

CONTRACTORS LICENSING BOARD

Respondents:      Michael J. West (Maui)

Case Number:     CLB 2018-84-L

Sanction:             $2,000 fine                                                                                                                       

Effective Date:     9-21-18

 

RICO alleges that Respondent’s contract for a swimming pool restoration project did not have the required disclosures, Respondent’s workmanship on the project did not conform to industry standards and Respondent failed to complete the project, in possible violation of HRS §§ 444-17(12), 444-17(13) and 444-25.5 and HAR §§ 16-77-80(a)(3) and (9) and 16-77-97.  (Board approved Settlement Agreement.)

 

Respondents:      EPC Services Company, dba EPCS Company and Richard L. McComish

Case Number:     CLB 2018-152-L

Sanction:             $25,000 fine                                                                                                                     

Effective Date:     9-21-18

 

RICO received a complaint alleging that Respondent McComish was not in residence in the State of Hawaii during the majority of the time that Respondent EPCS undertook work on the Waianae Solar Project between approximately February of 2016 and May of 2017, in possible violation of HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5).  (Board approved Settlement Agreement.)

 

BOARD OF BARBERING AND COSMETOLOGY

Respondent:        Yuki Sakaguchi (Maui)

Case Number:     BAR 2018-81-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     9-24-18

 

On or about November 15, 2011, Respondent was allegedly convicted of Operating a Vehicle Under the Influence of an Intoxicant.  Despite the conviction, Respondent answered “no” to question #7 which asked, “In the past 20 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 439-19(1) and 439-19(9).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Ronald R. Barron

Case Number:     REC 2017-369-L

Sanction:             $1,500 fine                                                                                                                       

Effective Date:     9-21-18

 

On or about December 10, 2015, Respondent was allegedly convicted of Operating a Vehicle Under the Influence of an Intoxicant.  Despite the conviction, Respondent answered “no” to question #3 on his renewal application dated November 30, 2016 which asked: “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”  And in December of 2017, there was allegedly a federal tax lien in the amount of $76,100.25 against Respondent.  And Respondent allegedly failed to notify the Commission of his change of address in September of 2017.  All in possible violation of HRS §§ 436B-19(2), (5), (12), and (14), 467-20 and 467-14(20) and HAR § 16-99-5.  (Board approved Settlement Agreement.)

 

Respondent:        Emmanuel Noel Cerezo aka Emmanuel C. Cerezo

Case Number:     REC 2017-340-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     9-21-18

 

On or about February 14, 2018, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statute(s) and/or rules: HRS §§ 436B-19(2), (5) and (17) and 467-20.  (Board approved Settlement Agreement.)

 

Respondents:      Annie K. Moenahele, fka Annie K. Casella and Realty Advantage Hawaii, LLC

Case Numbers:   REC 2016-142-L, REC 2016-148-L and REC 2017-397-L

Sanction:             Voluntary surrender of licenses, pay restitution to Van Ko in the amount of $51,132.05 and John Antista in the amount of $6,618.00 and fully satisfy the judgment (Civil No. 1RC16-1-8531, District Court of the First Circuit, Honolulu Division, filed on or about July 19, 2017) awarded to Mihoko Kanematsu against Respondents in the amount of $38,040.33, including any statutory interest accrued.                                                                                        

Effective Date:     9-21-18

 

RICO alleges that from in or about July 2015 to in or about September 2016, Respondents improperly handled the funds of three clients for whom Respondents were managing their rental properties, including but not limited to commingling the clients’ monies with Respondents’ funds, failing to account for those monies in a reasonable time, and failing to maintain a trust account for the deposit of rental receipts, in possible violation of HRS §§ 467-14(7) and 467-14(15) and HAR §§ 16-99-3(a) and 16-99-3(e).  (Board approved Settlement Agreement.)

 

SOCIAL WORKER LICENSING PROGRAM

Respondent:        Reuben H. Chong

Case Numbers:   RSW 2017-2-L

Sanction:             Probation 18 months, complete 25 credit hours of continuing education                       

Effective Date:     9-27-18

 

RICO received a complaint alleging that on or about February 7, 2017, Respondent, while employed at Waikiki Health as a LCSW, texted a client of his with his personal cell phone, arranged to meet with the client at her home after work hours.  Later that day, Respondent went to the client’s home where he consumed intoxicants with the client, in possible violation of HRS §§ 467E-12(a)(6) and 467E-12(a)(7).  (Director approved Settlement Agreement.)

 

TRAVEL AGENCY PROGRAM

Respondent:        Elma a. Pacleb, dba DITT – Discount International Travel & Tours

Case Numbers:   TAR 2016-5-L + 10

Sanction:             Revocation of registration, $10,000 fine and pay restitution                                           

Effective Date:     9-5-18

 

Respondent committed numerous client trust account violations and accepted payments from complainants for airline tickets, however, did not book or pay for the airline tickets and did not return the payments to complainants, in violation of HRS §§ 468L-5(a), (b) and (d) and 468L-7.5(2) and (3) and HAR §§ 16-116-39(1), (2), (3), (5) and (8) and 16-116-39-13.  (Director’s Final Order after contested case hearing.)

 

COLLECTION AGENCY PROGRAM

Respondent:        Monterey Financial Services, LLC

Case Number:     COL 2018-13-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     9-27-18

 

Respondent was allegedly disciplined by the State of Colorado, based on allegations Respondent failed to report a change of business name or corporate structure and engaged in unlicensed activity, and failed to report the disciplinary action to the Hawaii Program within 30 days, in possible violation of HRS §§ 436B-19(13) and 443B-3.5(h).  (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:
William Nhieu
Communications Officer
Department of Commerce and Consumer Affairs
Email: Wnhieu@dcca.hawaii.gov
Office: (808) 586-7582
Cell: (808) 389-2788