RELEASE: DCCA Disciplinary Actions (Through August 2018)

Posted on Sep 13, 2018 in Main, News Releases

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS 

Office of Administrative Hearings

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE

September 12, 2018

DCCA DISCIPLINARY ACTIONS

(Through August 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 August 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 MASSAGE THERAPY

Respondent:        Susan M. Schattauer-Medeiros (Hawaii)

Case Number:     MAS 2018-44-L

Sanction:             $500 fine

Effective Date:     8-8-18

On or about January 4, 2017, Respondent indicated “no” to question number 7 on her initial application “Have you ever been convicted of a crime in any jurisdiction that has not been annulled or expunged?” for her massage therapist’s license despite her conviction for Criminal Contempt of Court on December 6, 2016, in possible violation of HRS §§ 452-24(a)(1) and 452-24(a)(9).  (Board approved Settlement Agreement.)

MEDICAL BOARD

Respondent:        Harold Kornylak, D.O.

Case Number:     MED 2018-92-L

Sanction:             Reprimand, $2,000 fine and comply with 2018 Virginia Consent Order

Effective Date:     8-9-18

Respondent allegedly failed to timely report a November 10, 2014 Virginia Board disciplinary action on his May 9, 2016 renewal application, and allegedly failed to timely report a March 1, 2018 Virginia Board disciplinary action on his May 7, 2018 renewal application, in possible violation of HRS §§ 453-8(a)(1), 453-8(a)(14) and 453-8(a)(15).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSING BOARD

Respondents:      American Flooring, Inc. and James M. Kormos

Case Number:     CLB 2015-213-L

Sanction:             $8,000 fine                                                                                                                       

Effective Date:     8-16-18

Respondents allegedly did not have a RME in residence in the State of Hawaii in June 2015 when they were contracted to perform flooring work in Hilo, in possible violation of HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5).  (Board approved Settlement Agreement.)

Respondents:      Benlin Corp., dba Grand Construction and Benny Lee (Hawaii)

Case Number:     CLB 2010-81-L and CLB 2010-394-L

Sanction:             Voluntary revocation of Respondent Benlin’s license and $3,000 fine                          

Effective Date:     8-16-18

Respondents allegedly failed to complete two projects, exhibited poor workmanship and failed to account for allowances for materials; and Respondents allegedly failed to include all the required disclosures in the homeowner contracts for both requirements, in possible violation of HRS §§ 444-17(3), 444-17(4), 444-25.5 and HAR §§ 16-77-71, 16-77-80 and 16-77-97.  (Board approved Settlement Agreement.)

Respondent:        Philip A. Harris dba P.A. Harris Electric (Hawaii)

Case Number:     CLB 2010-378-L and CLB 2010-421-L

Sanction:             Revocation of license and agreement not to seek relicensure                                       

Effective Date:     8-16-18

Respondent allegedly violated HRS §§ 444-17(13) and 444-25.5(b)(1), (2) and (3) and HAR §§ 16-77-79(a)(1), (4) and (5).  (Board approved Settlement Agreement.)

Respondents:      CG Builders, LLC and Charles S. Gonzales (Hawaii)

Case Number:     CLB 2013-139-L

Sanction:             $2,500 fine                                                                                                                       

Effective Date:     8-16-18

Respondents allegedly failed to complete a project and Respondents’ contract was allegedly missing required homeowner disclosures, in possible violation of HRS § 444-25.5 and HAR § 16-77-80.  (Board approved Settlement Agreement.)

MOTOR VEHICLE REPAIR INDUSTRY BOARD

Respondents:      Wayne A. Souza, dba Wayne’s Enterprises and Wayne A. Souza (Kauai)

Case Number:     ARP 2015-25-L

Sanction:             $2,500 fine                                                                                                                       

Effective Date:     7-12-18

On or about April 18, 2018, RICO filed a Petition for Disciplinary Action alleging the Respondents violated in part the following statutes and/or rules: HRS §§ 436B-11(1), (6), (7), (8) and (10), 437B-15(a) and HAR §§ 16-87-11(e), 16-87-21(1), 16-87-25(B) and 16-87-33(2) and (3).  (Board approved Settlement Agreement.)

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:        Michael K. Mills

Case Number:     MVI 2017-17-L

Sanction:             $100 fine                                                                                                                          

Effective Date:     8-21-18

On or about July 12, 2017, Respondent plead guilty to Theft in the First Degree and was sentenced to four (4) years probation, in possible violation of HRS § 436B-19(8) (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:        Welldynerx, Inc.

Case Number:     PHA 2016-98-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     8-16-18

RICO alleges that Respondent was disciplined by the State of Wisconsin, in possible violation of HRS § 439-19(13).  (Board approved Settlement Agreement.)

BOARD OF BARBERING AND COSMETOLOGY

Respondent:        Susan M. Schattauer-Medeiros (Hawaii)

Case Number:     BAR 2018-99-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     8-13-18

On or about December 6, 2016, Respondent was allegedly convicted of the crime of Criminal Contempt of Court.  Despite the conviction, Respondent answered “No” to question #3 on her renewal application dated November 6, 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 §§ 439-19(a)(1) and 439-19(a)((9).  (Board approved Settlement Agreement.)

BOARD OF ELECTRICIANS AND PLUMBERS

Respondent:        Thomas B. Gomes (Hawaii)

Case Number:     ENP 2018-2-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     8-14-18

On December 19, 2005, Respondent was allegedly convicted of Criminal Contempt of Court.  On July 24, 2013, Respondent was allegedly convicted of Failure to Appear, and Driving Without a License.  Despite the convictions, Respondent answered “No” to question #4 on his Application for Exam and License – Electricians and Plumbers, dated October 28, 2013 that asked: “In the past twenty years have you ever been convicted of a crime in which the conviction has not been annulled or expunged?” And on November 1, 2016, Respondent was allegedly convicted of Reckless Driving.  Despite the conviction, Respondent answered “No” to question #3 on his Renewal Application dated June 19, 2017 that asked: “In the past three years have you been convicted of a crime in which the conviction has not been annulled or expunged?” in possible violation of HRS § 448-10(a)(1).  (Board approved Settlement Agreement.

Respondent:        Matthew M. Wilson (Hawaii)

Case Number:     ENP 2017-16-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     8-14-18

On August 20, 2002, Respondent was allegedly convicted of Criminal Contempt of Court.  Despite the conviction, Respondent answered “No” to question #4 on his initial application, dated June 1, 2011 that asked: “In the past twenty years have you ever been convicted of a crime in which the conviction has not been annulled or expunged?” And on July 14, 2016, Respondent was allegedly convicted of DUI.  Despite the conviction, Respondent answered “No” to question #3 on his renewal application received on May 15, 2017 that asked: “In the past 3 years have you been convicted of a crime in which the conviction has not been annulled or expunged?” in possible violation of HRS § 448-10(a)(1).  (Board approved Settlement Agreement.)

BOARD OF PUBLIC ACCOUNTANCY

Respondent:        Alicia M. Sitan

Case Number:     ACC 2018-1-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     8-31-18

On or about March 24, 2016, Respondent was allegedly convicted of Operating a Vehicle Under the Influence of an Intoxicant.  Despite the conviction, Respondent answered “No” to question #3 on her electronic renewal application, dated December 27, 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 § 466-9(b)(1).  (Board approved Settlement Agreement.)

MARRIAGE AND FAMILY THERAPIST LICENSING PROGRAM

Respondent:        Fritz R. Johnson

Case Numbers:   MFT 2018-1-L

Sanction:             Voluntary surrender of license

Effective Date:     8-13-18

Respondent was allegedly disciplined in the State of California, failed to timely report the disciplinary action to the Program, and failed to disclose the disciplinary action on renewal applications submitted in this State, in possible violation of HRS §§ 436B-19(13) and 451J-11(a)(2) (Director approved Settlement Agreement.)

SOCIAL WORKER LICENSING PROGRAM

Respondent:        Lisa M. Maddock, fka Lisa M. Biederman

Case Numbers:   RSW 2017-6-L

Sanction:             Voluntary surrender of license                                                                                         

Effective Date:     8-13-18

Respondent allegedly failed to complete required continuing education credit hours.  An audit of continuing education credit hours reported by Respondent for the 2013 to 2016 licensing period indicated two (2) of the courses were not approved by the National Association of Social Workers, the National Association of Social Workers Chapters, or the Association of Social Work Boards as required by Hawaii law, two (2) of the courses were completed outside of the licensing period, one (1) of the courses did not qualify for continuing education, and Respondent was unable to provide proof of completion of one (1) reported course, in possible violation of HRS §§ 467E-11 and 467E-12(a)(1).  (Director approved Settlement Agreement.)

TRAVEL AGENCY PROGRAM

Respondent:        Aloha Travel Service LLC

Case Numbers:   TAR 2017-16-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     8-28-18

Respondent allegedly failed to notify the Program that it had closed its original client trust account, in possible violation of HRS § 468L-7.5(3).  (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