RELEASE: DCCA DISCIPLINARY ACTIONS (Through March 2019)

Posted on Apr 16, 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
April 16, 2019

DCCA DISCIPLINARY ACTIONS
(Through March 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 March 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.

 

BOARD OF NURSING

Respondent:        Ursula D. Turrington, R.N.

Case Number:     RNS 2016-5-L

Sanction:             License Revocation and $4,000 fine                                                                               

Effective Date:     3-7-19

The Board found and concluded that Respondent violated HRS §§ 457-(12)(a)(8), (10) and (11) and HAR § 16-89-60(5).  (Board’s Final Order after contested case hearing.)

 

CONTRACTORS LICENSE BOARD

Respondents:      Safe Home Control, Inc. and Matthew I. Zupancic

Case Numbers:   CLB 2017-251-L and CLB 2017-275-L

Sanction:             License revocation and $15,000 fine (Safe Home Control, Inc.)

Effective Date:     3-15-19

The Board found that Respondent Safe Home Control, Inc.: 1) made more than one misrepresentation to an elderly couple; 2) failed to provide a written contract; 3) failed to include specific information and disclosures within a contract; and 4) failed to maintain a place of business in Hawaii on at least two separate days, in violation of HRS §§ 444-14, 444-17(1) and (2), 436B-19(2), (7), (8), (11) and (12) and 444-25.5 and HAR §§ 16-77-80 and 16-77-7.  (Board’s Final Order after contested case hearing.)

 

Respondents:      Chriscontract, Inc. and Christopher R. Johnston

Case Number:     CLB 2016-180-L

Sanction:             License revocation and $41,000 fine

Effective Date:     3-15-19

The Board found that Respondents violated HRS §§ 436B-19(2), (5), (8) and (17), 444-17(1), (4), (5), (10), (11), (12), (13) and (14) and 444-25.5(b)(1) and (2) and HAR § 16-77-80(a)(7).  (Board’s Final Order after contested case hearing.)

 

Respondent:        Matelau Sekona dba Tropical Walls

Case Number:     CLB 2017-310-L

Sanction:             $3,000 fine                                                                                                                       

Effective Date:     3-15-19

Respondent admits that he entered into a construction contract with homeowner and failed to provide the oral and written disclosures required by the law and rules, and failed to prosecute the construction project to completion with reasonable diligence, in violation of HRS §§ 444-25.5 and 444-17(3) and HAR §§ 16-77-79 and 16-77-80.  (Board approved Settlement Agreement.)

 

Respondents:      Corstone Contractors LLC and Mark C. Tapert

Case Number:     CLB 2018-76-L

Sanction:             $5,000 fine                                                                                                                       

Effective Date:     3-15-19

RICO alleges that Respondent Tapert, RME for Respondent Corstone, was not in residence during a construction project in the State of Hawaii, in possible violation of HAR § 16-77-71(a)(4).  (Board approved Settlement Agreement.)

 

Respondent:        Robert E. Hilbin (Hawaii)

Case Number:     CLB 2018-250-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     3-15-19

RICO alleges that during the course of a construction project, Respondent failed to properly supervise the apprentice electrician, in possible violation of HAR § 16-77-71(a)(5) and HRS § 444-9.5(b).  (Board approved Settlement Agreement.)

 

Respondents:      Kimura Custom Construction, LLC and Bruce K. Kimura

Case Number:     CLB 2012-73-L

Sanction:             Voluntary surrender of licenses                                                                                       

Effective Date:     3-15-19

RICO alleges that Respondents failed to complete a renovation project, in possible violation of HRS §§ 444-17(3), 444-17(11) and 444-17(13).  (Board approved Settlement Agreement.)

 

Respondent:        Rogelio P. Bungcayao, dba Rogers Elec Svc & Maint, also dba Roger’s Electrical Service, also dba Roger’s Electrical Service and Maintenance

Case Number:     CLB 2011-419-L, CLB 2013-478-L and CLB 2014-327-L

Sanction:             $10,000 fine                                                                                                                     

Effective Date:     3-15-19

RICO alleges that Respondent: 1) was aiding and abetting unlicensed contractor activity by permitting his license number to be used on PV installation permits when Respondent would not be performing the installation work; 2) installed PV panels on a carport roof when the original agreement was for installation of the panels on the main house roof and without first consulting the homeowner; and 3) has been using trade names that are not registered with the Board and that Respondent’s contracts do not comply with the requirements for contracts with homeowners, in possible violation of HRS §§ 444-9.3, 444-17(5), 444-17(6) and 444-25.5 and HAR §§ 16-77-8(a) and 16-77-80.  (Board approved Settlement Agreement.)

 

Respondents:      Hawaii Energy Smart, LLC and Timothy R. Johnston (Maui)

Case Number:     CLB 2018-208-L

Sanction:             Voluntary revocation of licenses                                                                                     

Effective Date:     3-15-19

RICO alleges that Respondents: 1) installed a PV system at a homeowners’ residence and the PV system failed to work properly upon installation and despite attempted fixes by Respondents; and 2) failed to include all required disclosures in the contract for installation of the PV system, in possible violation of HRS §§ 444-17(11) and 444-25.5 and HAR §§ 16-77-80, 16-77-71 and 16-77-75.  (Board approved Settlement Agreement.)

 

BOARD OF MASSAGE THERAPY

Respondent:        Annalee Taylor aka Annalee Akagi (Hawaii)

Case Number:     MAS 2018-85-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     3-13-19

RICO alleges that on or about February 22, 2017, Respondent was convicted in the State of Hawaii of a petty misdemeanor, Excessive Speeding, and on or about October 2, 2017, Respondent was convicted in the State of Hawaii of a petty misdemeanor, Contempt of Court, for failure to appear at the Proof of Compliance Hearing for the Excessive Speeding case.  Despite the foregoing, Respondent allegedly submitted a renewal application for her massage therapy license on May 10, 2018 wherein Respondent answered “No” to the question 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 failed to disclose the two convictions described above, in possible violation of HRS §§ 452-24(a)(1) and 452-24(a)(9).  (Board approved Settlement Agreement.)

 

Respondent:        Melia L. Cahill aka Melia L. Tavares (Maui)

Case Number:     MAS 2018-73-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     3-13-19

RICO alleges that on or about May 30, 2018, Respondent was convicted of one count each of theft in the first degree and welfare fraud and was sentenced to probation, in possible violation of HRS § 452-24(a)(8).  (Board approved Settlement Agreement.)

 

BOARD OF PUBLIC ACCOUNTANCY

Respondent:        Patrick H. Oki

Case Number:     ACC 2015-2-L

Sanction:             License revocation                                                                                                           

Effective Date:     3-22-19

The Board found that Respondent employed various schemes to convert monies belonging to the PKF firm and its partners for his personal use over a 3-year period.  As a result of these actions, Respondent was convicted for Theft, Forgery, Money Laundering and Use of a Computer in the Commission of a Separate Crime, and failed to report the convictions to the Board in a timely manner in violation of HRS §§ 466-9(b)(5), (6), (8), (9), (10); § 436B-16(a); §§ 436-19(8), (12, (14), (17) and HAR § 16-71-64.  (Board’s Final Order after contested case hearing.)

 

BOARD OF PHARMACY

Respondent:        Specialty Therapeutic Care LP

Case Number:     PHA 2018-56-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     3-21-19

RICO alleges that Respondent timely self-reported to the Board of being disciplined by the Maine Board of Pharmacy for failing to timely submit a change of pharmacist in charge application, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

Respondent:        Thomas S. Rogers

Case Number:     PHA 2018-52-L

Sanction:             Probation two (2) years and $1,000 fine                                                                         

Effective Date:     3-21-19

RICO alleges that Respondent was disciplined by the California Board of Pharmacy and that the California Order was based on allegations related to Respondent’s failure to properly supervise pharmacy technicians, failure to maintain the pharmacy in such a manner to ensure that drugs and equipment were properly secured, and failure to maintain an inventory of dangerous drugs, in possible violation of HRS §§ 436B-19(13), 436B-19(17) and 431-21(a)(2).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        James E. Buchmiller aka James E. “Chip” Buchmiller

Case Number:     REC 2017-285-L

Sanction:             $1,500 fine                                                                                                                       

Effective Date:     3-22-19

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

 

Respondent:        Jim Pope dba James F. Pope

Case Number:     REC 2018-353-L

Sanction:             Voluntary surrender of license                                                                                         

Effective Date:     3-22-19

RICO alleges that Respondent conducted property management from January 14, 2016 to June 18, 2018 in violation of HRS §§ 467-14(5), 467-14(6) and 467-14(8).  (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:
William Nhieu
Communications Officer
Department of Commerce and Consumer Affairs
Email: Wnhieu@dcca.hawaii.gov
Office: (808) 586-7582
Cell: (808) 389-2788