RELEASE: DCCA DISCIPLINARY ACTIONS (THROUGH MARCH 2024)
Posted on Apr 19, 2024 in News Releases, OAH
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
KA ʻOIHANA PILI KĀLEPA
Office of Administrative Hearings
JOSH GREEN, M.D.
GOVERNOR | KIAʻĀINA
NADINE Y. ANDO
DIRECTOR
KA LUNA | HOʻOKELE
FOR IMMEDIATE RELEASE
April 19, 2024
DCCA DISCIPLINARY ACTIONS
(Through March 2024)
HONOLULU – The state Department of Commerce and Consumer Affairs (DCCA) and its respective state Boards and Commissions released a summary of disciplinary actions through the month of March 2024, 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 to 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 CHIROPRACTIC
Respondent: Dustin R. Craft (Hawai‘i Island)
Case Number: CHI 2020-0020-L
Sanction: $1,000 fine, proof of completion Continuing Education (CE) hours
Effective Date: 3-11-24
RICO alleges that Respondent renewed his license on December 26, 2019, certifying Respondent completed the required 20 CE hours in the 24 months preceding the renewal deadline, that the Board audited Respondent requiring proof of CE completion, and that Respondent did not submit written proof of completion of CE programs, in potential violation of HRS §§ 436B-19(2), 442-9(a)(11), and 442-9(a)(14) and HAR § 16-76-38(a). (Board approved Settlement Agreement.)
BOARD OF VETERINARY MEDICINE
Respondent: John P. Moscony
Case Number: VET 2021-4-L
Sanction: Reprimand letter
Effective Date: 3-13-24
After a contested case hearing, the Board found and concluded that Respondent violated HRS §§ 471-9(f), 471-10(b)(2) and 436B-19(17). (Board’s Final Order after contested case hearing.)
REAL ESTATE APPRAISER PROGRAM
Respondent: Maylyn H.M. Stake
Case Number: REA 2023-0004-L
Sanction: Voluntary license suspension
Effective Date: 3-15-24
RICO alleges that on May 16, 2023, The U.S. Department of Housing and Urban Development (HUD) removed Respondent from the Federal Housing Administration Appraiser Roster for a period of one year, based on a determination that Respondent reported an appraisal of real estate property, which included multiple appraisal deficiencies and that Respondent failed to report an appraisal in accordance with Uniform Standards of Professional Appraisal Practice, in potential violation of HRS §§ 466K-4(a), 436B-19(13), and 436B-19(17) and HAR §§ 16-114-106(4), 16-114-106(5), and 16-114-106(8). (Program approved Settlement Agreement.)
MEDICAL BOARD
Respondent: Kalyan R. Dandala
Case Number: MED 2023-71-L
Sanction: $1,000 fine
Effective Date: 3-7-24
RICO alleges that Respondent was convicted of Negligent Driving in the First Degree in the state of Washington on July 30, 2013, and that on Respondent’s initial February 2017 application, Respondent did not disclose the July 2013 conviction, in potential violation of HRS §§ 453-8(a)(6) and 453-8(a)(15). (Board approved Settlement Agreement.)
PEST CONTROL BOARD
Respondent: Kamaʻaina Termite & Pest Control, Inc.
Case Number: PCO 2021-19-L + 13 cases
Sanction: License revocation, $35,000 fine, $22,114.56 restitution
Effective Date: 3-18-24
After a contested case hearing, the Board adopted the Hearings Officer’s recommended order and found and concluded that Respondent violated HRS § 460J-15(a)(4) in all 14 cases. (Board’s Final Order after contested case hearing.)
REAL ESTATE COMMISSION
Respondents: Dave Lucas and Keana Alexandra Lucas (Hawai‘i Island)
Case Number: REC 2023-243-L
Sanction: $1,000 fine
Effective Date: 3-22-24
RICO alleges that Respondent Dave Lucas (DL) knowingly certified Respondent Keana Lucas’s (KL) application which contained a misrepresentation of Respondent KL’s legal name, and that Respondent KL knowingly misrepresented her legal name on her application, in potential violation of HRS §§ 467-1.6(b)(4), 467-14(13) and HAR § 16-99-3(b) and HRS §§ 436B-19(2), 467-14(13) and HAR § 16-99-3(b). (Commission approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondents: Sterling Pacific Construction, Inc. and Miroslav Neskovic
Case Number: CLB 2021-175-L
Sanction: $2,000 fine
Effective Date: 3-22-24
RICO alleges that Respondents failed to sign a contract for a bathroom renovation project and did not verbally explain lien rights or contractor bonding, and that Respondent’s license number is not listed on its website, in potential violation of HRS §§ 444-9.2(b), 444-17(12), 444-25.5(a)(1), 444-25.5(a)(2) and 444-25.5(b). (Board 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
Office: 808-586-7582