RELEASE: DCCA DISCIPLINARY ACTIONS (Through June 2019)

Posted on Jul 25, 2019 in News Releases

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE

July 25, 2019

DCCA DISCIPLINARY ACTIONS

(Through June 2019)

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 June 2019 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.

MEDICAL BOARD

Respondent:        Hardeep S. Ahluwalia, M.D.

Case Number:     MED 2019-68-L

Sanction:             Comply with California Order and $500 fine                                                                   

Effective Date:     6-13-19

RICO alleges that Respondent was disciplined by the State of California and failed to report those disciplinary actions to the Board, in possible violation of HRS §§ 453-8(a)(11) and 453-8(a)(14).  (Board approved Settlement Agreement.)

 

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:        GAC Auto Group, Inc. dba Cutter Mazda of Honolulu

Case Number:     MVI 2015-70-L

Sanction:             $5,000 fine                                                                                                                       

Effective Date:     6-18-19

RICO alleges that Respondent employed an individual who was not licensed as a motor vehicle salesperson from July 1, 2014 through August 17, 2015, who engaged in the sale of motor vehicles, in possible violation of HRS §§ 437-28(a)(15) and 437-28(a)(18)(B).  (Board approved Settlement Agreement.)

 

Respondent:        Paul A. Ramos

Case Number:     MVI 2015-58-L

Sanction:             $1,500 fine                                                                                                                       

Effective Date:     6-18-19

RICO alleges that on or about November 11, 2000, Respondent was convicted of the misdemeanor offense of violation of a temporary restraining order.  Despite the foregoing conviction, on or about June 15, 2010, Respondent allegedly answered “No” to the question on his Motor Vehicle Salesperson license application, which asked, “In the past 20 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”  RICO also alleges that on or about August 19, 2008, Respondent was convicted of the petty misdemeanor offense of Operating a Vehicle Under the Influence of an Intoxicant.  Despite the foregoing conviction, on or about September 12, 2014, Respondent allegedly answered “No” to the question on his Motor Vehicle Salesperson license application, which asked, “Have you ever been convicted of a crime in any jurisdiction that has not been annulled or expunged?”  RICO also alleges that Respondent was not properly licensed as a motor vehicle salesperson, from July 1, 2014 through August 17, 2015, when he engaged in the sale of motor vehicle(s) while working at Cutter Mazda of Honolulu, in possible violation of HRS §§ 436B-19(2), 437-2(a) and 437-28(a)(1).  (Board approved Settlement Agreement.)

 

Respondent:        Lithia of Honolulu – A Inc. dba Acura of Honolulu

Case Number:     MVI 2018-36-L

Sanction:             $10,000 fine                                                                                                                     

Effective Date:     6-18-19

RICO alleges that Respondent permitted a person to operate as a motor vehicle salesperson without the required license from the Board from on or about May 15, 2017 to June 19, 2018 and advertised and represented to the public on their website that the unlicensed salesperson held a license as required under HRS Chapter 437, in possible violation of HRS §§ 437-28(a)(10), 437-28(a)(15) and 437-28(a)(18)(B).  (Board approved Settlement Agreement.)

 

BOARD OF PHARMACY

Respondent:        Amber Enterprises, Inc. dba Amber Pharmacy

Case Number:     PHA 2018-50-L

Sanction:             $300 fine                                                                                                                          

Effective Date:     6-20-19

On or about February 26, 2019, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statute(s) and/or rule(s): HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

BOARD OF NURSING

Respondent:        Malia P. Asing, R.N. (Maui)

Case Number:     RNS 2018-39-L

Sanction:             Probation 1-year, continuing education and $500 fine                                                   

Effective Date:     6-6-19

Respondent was allegedly disciplined by the California Board of Registered Nursing for unprofessional conduct, in possible violation of HRS §§ 457-12(a)(8) and 457-12(a)(6) and HAR § 16-89-60(7)(D).  (Board approved Settlement Agreement.)

 

BOARD OF BARBERING AND COSMETOLOGY

Respondent:        Quoc Viet Huynh dba Magiccuts (Hawaii)

Case Number:     BAR 2018-109-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     4-22-19

RICO alleges that, in or about May 2018, Respondent failed to display the license(s) in Magiccuts and permitted unlicensed person Demetrio L. Bilango to perform activities in Respondent’s beauty shop which require a license, in possible violation of HRS §§ 436B-19(16), 439-17(d), 439-19(a)(3) and 439-19(a)(6).  (Board approved Settlement Agreement.)

 

Respondent:        Dan Thi Thu N. Madriaga nka Mimi Thi Thu Nguyen-Huynh (Hawaii)

Case Number:     BAR 2018-110-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     4-22-19

RICO alleges that, in or about May 2018, Respondent, co-owner of Magiccuts, failed to display the license(s) in Magiccuts, permitted unlicensed person Demetrio L. Bilango to perform activities in Magiccuts which require a license and failed to notify the Board of her name change within 30 days, in possible violation of HRS §§ 436B-19(16), 439-17(d), 439-19(a)(3) and 439-19(a)(6) and HAR § 16-78-3(a).  (Board approved Settlement Agreement.)

 

Respondent:        Kim L. Peay

Case Number:     BAR 2018-140-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     4-22-19

RICO received a complaint alleging that during a hair straightening treatment, Respondent failed to follow the manufacturer’s directions on the hair straightening product causing the stripping of Complainant’s hair color and leaving a bald spot on the front of her head, in possible violation of HRS § 439-19(a)(2) and HAR § 16-78-7.  (Board approved Settlement Agreement.)

 

Respondent:        Angel Nails, LLC (Hawaii)

Case Number:     BAR 2016-111-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     6-24-19

RICO alleges that during a site inspection, investigators observed Ms. Truc Thanh Dao working at the establishment without a beauty operator’s license or valid permit, in possible violation of HRS § 439-19(a)(3).  (Board approved Settlement Agreement.)

 

Respondent:        Thuy Thi Pham (Hawaii)

Case Number:     BAR 2017-112-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     6-24-19

RICO alleges that on June 29, 2017, Respondent permitted unlicensed persons, So Young Murphy and Yun Feng to perform manicure services for compensation without required licenses, in possible violation of HRS § 439-19(a)(3).  (Board approved Settlement Agreement.)

 

CONTRACTORS LICENSE BOARD

Respondents:      Yama’s Roofing, Inc. and Brian P. Peterson

Case Numbers:   CLB 2005-431-L + 5 other cases

Sanction:             $20,000 fine

Effective Date:     6-21-19

On or about December 10, 2018, December 31, 2018 and January 30, 2019, RICO filed six (6) separate Petitions for Disciplinary Action against Respondents, alleging that Respondents violated, in part, the following statute(s) and/or rule(s): HRS §§ 444-17(6) and 444-25.5 and HAR §§ 16-77-71, 16-77-75, 16-77-33(c) and 16-77-80.  RICO also states that there are three pending cases (CLB 2012-46-L; CLB 2014-381-L; CLB 2017-413-L) regarding Respondents’ work on two (2) separate projects, and failure to disclose judgments on renewal applications which, if proven at an administrative hearing before the Board, would constitute violations of the following statute(s) and/or rule(s): HRS § 444-17(10) and HAR §§ 16-77-71, 16-77-75 and 16-77-97.  (Board approved Settlement Agreement.)

 

Respondent:        Kevin L. Fiori dba Fiori Construction (Maui)

Case Numbers:   CLB 2017-268-L

Sanction:             $2,500 fine

Effective Date:     6-21-19

RICO alleges that in or about May of 2015, Respondent entered into a contract with a homeowner and failed to provide the oral and written disclosures required by HRS, and Respondent failed to register trade name Fiori Construction, in violation of the following statute(s) and/or rule(s): HRS §§ 444-25.5(b)(1) and 444-25.5(b)(2) and HAR §§ 16-77-80(a)(7), 16-77-80(1) and 16-77-8.  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Kent M. Nakashima (Hawaii)

Case Number:     REC 2018-315-L

Sanction:             Voluntary revocation                                                                                                        

Effective Date:     6-28-19

RICO alleges that Respondent failed to return the security deposit to the property owners or to transfer the security deposit to the new property management company, in possible violation of HRS §§ 467-14(8) and 467-14(20).  (Commission approved Settlement Agreement.)

 

Respondent:        Antionette M. DeMello aka Toni DeMello dba T & C Realty (Hawaii)

Case Number:     REC 2018-144-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     6-28-19

RICO alleges that Respondent failed to deliver a copy of the property management contract to the Complainants after all parties signed and failed to comply with two separate terms in the property management contract: 1) notification of the Complainants when the tenants intended to vacate the property; and 2) return of the property keys upon termination of the contract, in possible violation of HRS § 467-13 and HAR § 16-99-3(b) and 16-99-3(f).  (Commission approved Settlement Agreement.)

 

Respondent:        Dean M. Gushi, Jr.

Case Number:     REC 2018-333-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     6-28-19

RICO alleges that during the time period the Respondent’s real estate broker license was expired, Respondent engaged in various real estate transactions, in possible violation of HRS § 467-7.  (Commission approved Settlement Agreement.)

 

Respondent:        Ivy N. Kumai

Case Number:     REC 2018-377-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     6-28-19

RICO alleges that the real estate broker license of Dean M. Gushi expired on December 31, 2016 and was not restored until August 14, 2018.  During this time period, Mr. Gushi was affiliated with Ivy K Realty LLC and engaged in real estate transactions, in possible violation of HRS § 467-1.6(b)(7).  (Commission approved Settlement Agreement.)

 

Respondent:        Rachael E. Labella

Case Number:     REC 2017-395-L

Sanction:             Revocation and $5,000 fine                                                                                             

Effective Date:     6-28-19

The Commission found that Respondent violated HRS §§ 467-14(1), (2), (3), (6), (8), (16) and (20), 436B-19(2), (8) and (17) and HAR § 16-99-3.  (Commission’s Final Order after contested case hearing.)

Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/

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Department of Commerce and Consumer Affairs
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