News Release: DCCA Disciplinary Actions Through July 2014

Posted on Aug 12, 2014 in News Releases

 

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

 

NEIL ABERCROMBIE
GOVERNOR

KEALII S. LOPEZ
DIRECTOR

 

FOR IMMEDIATE RELEASE

August 12, 2014

 

DCCA DISCIPLINARY ACTIONS

(Through July 2014)

 

HONOLULU – The Department of Commerce and Consumer Affairs (DCCA) and the State Boards and Commissions released a summary of disciplinary actions through the month of July taken on individuals and entities with professional and vocational licenses in Hawai’i.  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 MEDICAL BOARD

 

Respondent:        James T. Hansen, M.D. (Maui)

Case Number:      MED 2014-98-L

Sanction:              Voluntary surrender of license, agrees not to seek reinstatement or restoration of his current medical license and agrees not to apply for a Hawaii medical license in the future                                                                 

Effective Date:     7-13-14

 

Respondent allegedly violated HRS § 453-8(a)(7) by engaging in professional misconduct and HRS § 453-8(a)(9) by engaging in conduct or practice contrary to the recognized standards of ethics of the medical profession as adopted by the Hawaii Medical Association, the American Medical Association, the Hawaii Association of Osteopathic Physicians and Surgeons or the American Osteopathic Association.  Respondent allegedly engaged in inappropriate physical contact with patients. (Board approved Settlement Agreement)

MIXED MARTIAL ARTS PROGRAM

 

Respondent:        James T. Hansen, M.D. (Maui)

Case Number:      ULT 2014-1-L

Sanction:              Voluntary surrender of mixed martial arts physician’s license, agrees not to seek reinstatement or restoration of his current mixed martial arts physician’s license and agrees not to reapply for a Hawaii mixed martial arts physician’s license in the future                                                                                          

Effective Date:     5-28-14

 

Respondent does not qualify for licensure as a mixed martial arts physician under HRS §§ 436B-19(1) and 440E-8(a) because Respondent voluntarily surrendered his medical license pursuant to a settlement agreement with the Hawaii Medical Board. (Director approved Settlement Agreement)

 

 

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS,

SURVEYORS AND LANDSCAPE ARCHITECTS

 

Respondent:        Michael D.Y. Lau

Case Number:      ENG 2013-11-L

Sanction:              $500.00 fine                                                                                                      

Effective Date:     7-17-14

 

Respondent allegedly violated HRS § 436B-13(a) by failing to satisfy the renewal requirements provided by law, HRS § 436B-19(1) by failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license and HRS § 464-9(d)(3) by failing to complete 16 continuing education credit hours to renew a license.  Respondent allegedly renewed his license online on or about March 7, 2012 and certified that he met the continuing education requirements by completing 16 continuing education credit hours but had not completed the continuing education credit hours necessary to renew his Hawaii architect’s license.  (Board approved Settlement Agreement)

 

Respondent:        Matthew E. Johnson 

Case Number:      ENG 2013-15-L

Sanction:              $500.00 fine                                                                                                      

Effective Date:     7-17-14

 

Respondent allegedly violated HRS § 436B-13(a) by failing to satisfy the renewal requirements provided by law, HRS § 436B-19(1) by failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license and HRS § 464-9(d)(3) by failing to complete 16 continuing education credit hours to renew a license.  Respondent allegedly renewed his license online on or about April 26, 2012 and certified that he met the continuing education requirements by completing 16 CE credit hours but had not completed the continuing education credit hours necessary to renew his Hawaii architect’s license.  (Board approved Settlement Agreement)

 

 

 

BOARD OF PHARMACY

 

Respondent:        Richard L. Spearman

Case Number:      PHA 2012-11-L

Sanction:              License revoked but stayed on the condition that Respondent pays a $1,500.00 fine and submits documentation that he completed 30 hours of continuing education within 90 days of the Board’s Final Order                      

Effective Date:     7-17-14

 

The Board found that Respondent  did not submit documentation verifying compliance with the continuing education requirements within sixty days in violation of HRS § 461-8(g); has not completed 30 credit hours for the 2010-2011 biennium in violation of HRS § 461-8(d) and has not maintained the requirements necessary for licensure in violation of HAR § 16-95-110(a)(2). (Board’s Final Order)

 

 

 

REAL ESTATE COMMISSION

 

Respondents:      Selwyn M. King and Wayne K. Tani

Case Number:      REC 2012-227-L

Sanctions:            King:  $2,000.00 fine

                              Tani:  $1,000.00 fine                                                                                         

Effective Date:     7-25-14

RespondentTani admits that he violated HRS § 467-1.6(b)(7) by failing to ensure that associated real estate licensees were current and active and Respondent King admits that he violated HRS § 467-7 by failing to ensure that his license was current and active.  (Commission approved Settlement Agreement)

 

Respondent:        Cathryn L. Shanley

Case Number:      REC 2013-189-L

Sanctions:            $2,500.00 fine                                                                                                   

Effective Date:     7-25-14

 

Respondent admits that she violated HRS § 467-7 by failing to ensure that her license was current and active.  (Commission approved Settlement Agreement)

 

Respondent:        Karla F. Casey, dba Casey & Associates

Case Number:      REC 2012-238-L

Sanctions:            $1,000.00 fine                                                                                                   

Effective Date:     7-25-14

Respondent Casey admits that she violated HRS § 467-1.6(b)(7) by failing to ensure that associated real estate licensees were current and active.  (Commission approved Settlement Agreement)

 

 

 

 

BOARD OF PRIVATE DETECTIVES AND GUARDS

 

Respondent:        Guardsmark, LLC fka Guardsmark, Inc.

Case Number:      PDG 2013-1-L

Sanction:              $1,500.00 fine                                                                                                   

Effective Date:     6-26-14

 

Respondent allegedlyviolated HRS § 436B-19(15) by failing to report disciplinary actions taken in other jurisdictions within thirty days of the disciplinary decisions.  Respondent was allegedly disciplined in North Carolina and Ohio and did not report this to the Board within 30 days of the decisions.  (Board approved Settlement Agreement)

 

 

CONTRACTORS LICENSE BOARD

 

Respondent:        Ponita K. Kaufusi, dba North Shore Contractor

Case Number:      CLB 2011-396-L

Sanction:              Voluntary surrender of license                                                                          

Effective Date:     7-25-14

 

Respondent allegedly violated HRS § 444-25.5 and HAR § 16-77-80 by failing to include requisite bond and lien right and homeowner contract disclosures.  Respondent’s worker allegedly entered into a contract with a homeowner to build a six foot rock wall and fence at her residence and the contract specifications for the contract were not followed.  (Board approved Settlement Agreement)

 

Respondent:        Cesar Franco (Maui)

Case Number:      CLB 2008-551-L

Sanction:              $1,000.00 fine                                                                                                   

Effective Date:     7-25-14

 

Respondent allegedly violated HAR § 16-77-33(c) by acting outside the scope of his license in April 2008 when he referred an unlicensed plumber to work on a plumbing job, participated in the bidding for the plumbing job and received money for the plumbing job.  Respondent has a C-12 (drywall) and C-33(b) (taping) license.  (Board approved Settlement Agreement)

 

 

To obtain copies of the decisions reported in this press release without charge go to

http://cca.hawaii.gov/oah/oah_decisions/.

 

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