Department of Commerce and Consumer Affairs

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

 Office of Administrative Hearings

DAVID Y. IGE

GOVERNOR

CATHERINE P. AWAKUNI COLÓN

DIRECTOR

 

FOR IMMEDIATE RELEASE

Sept. 9, 2015

DCCA DISCIPLINARY ACTIONS

(Through August 2015)

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 2015 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.

TRAVEL AGENCY PROGRAM

Respondent:        Double ZZ, Inc., dba Jackie’s Vegas Tours

Case Number:     TAR 2014-5-L; TAR 2014-17-L; TAR 2014-21-L; TAR 2014-36-L; TAR 2014-39-L

Sanction:             Registration revoked, $10,000 fine, $14,785 in restitution                                              

Effective Date:     8-6-15

The Director found that Respondent violated HRS § 436B-19(8) by failing to maintain a record or history of competency, trustworthiness, fair dealing, and financial integrity, HRS §§ 468L-5(a), 468L-5(b), 468L-5(d), 468L-7.5(2), 468L-7.5(3), HAR §§ 16-116-13, 16-116-39(1), 16-116-39(2), 16-116-39(3), and 16-116-39(8) by failing to follow laws relating to client trust accounts and failing to notify the department of any change in the account number or location of the trust account.  Respondent failed to refund four customers their monies after reservations were cancelled and failed to refund one customer monies paid for Respondent’s “VIP Program” when the customer was unable to make use of the benefits of the program. (Director’s Final Order after contested case hearing).

BOARD OF NURSING

Respondent:        Trisha J. Ramirez (Hawaii Island)

Case Number:     RNS 2015-14-L

Sanction:             Voluntary surrender of license, Respondent agrees not to seek reinstatement or restoration of her nursing license or reapply for a Hawaii nursing license in the future                    

Effective Date:     8-3-15

Respondent allegedly violated HRS § 457-12(a)(6)  by engaging in professional misconduct, HAR § 16-89-60(7)(F) by removing drugs, supplies or property from a health care facility or diverting or attempting to divert drugs or controlled substances for unauthorized use, and HAR § 16-89-60(7)(E) by possessing, obtaining, furnishing, or administering prescription drugs to any person, including self, except as directed by a person authorized by law to prescribe drugs.  On Nov.16, 2014, Respondent was allegedly indicted on five counts of promoting a dangerous drug in the third degree, five counts of prohibited acts related to obtaining a controlled substance by deception or fraud, and five counts of Prohibited Acts Related to Drug Paraphernalia in State v. Ramirez, Third Circuit Court, Criminal No. PC14-1-000445.  Respondent allegedly inappropriately obtained controlled substances from a Hawaii healthcare facility while working there as a registered nurse in or around March 2013. (Board approved Settlement Agreement).

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent:        William C. Foulk (Hawaii Island)

Case Number:     ENG 2010-5-L

Sanction:             $1,000 fine                                                                                                                                   

Effective Date:     8-13-15

Respondent allegedly engaged in misrepresentation in violation of HRS § 464-10 and HAR § 16-115-10(5) by submitting inaccurate information on an Existing Cesspool Information Form, which was submitted to the State of Hawaii Department of Health.  (Board approved Settlement Agreement).

BOARD OF PHARMACY

Respondent:        David A. Kanak

Case Number:     PHA 2012-18-L

Sanction:             Voluntary surrender of license                                                                                         

Effective Date:     8-13-15

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Nevada and failing to report this action to the Hawaii Board within 30 days of the disciplinary decision.  (Board approved Settlement Agreement).

HAWAII MEDICAL BOARD

Respondent:        Derek Bitterman (Hawaii Island)

Case Number:     MED 2014-89-L

Sanction:             Licensee on probation for three months, $1,200 fine                                                      

Effective Date:     8-13-15

Respondent, an emergency medical technician, was allegedly convicted of a crime substantially related to the medical profession in violation of HRS §§ 436B-19(14) and 453-8(a)(12).  On July 9, 2012, Respondent was allegedly convicted of operating a vehicle under the influence of an intoxicant. (Board approved Settlement Agreement).

Respondent:        Khalil P.A. Salibi

Case Number:     MED 2012-100-L

Sanction:             Voluntary surrender of license                                                                                         

Effective Date:     8-13-15

Respondent, an emergency medical technician, was allegedly convicted of a crime substantially related to the medical profession in violation of HRS § 453-8(a)(12) and allegedly violated HRS § 453-8(a)(15) by submitting a false or untrue statement or misrepresentation to the Board.  On December 11, 2008, Respondent was allegedly convicted of operating a vehicle under the influence of an intoxicant.  On his application for licensure dated Aug. 2, 2010, Respondent allegedly answered “no” to the question:  “During the past 20 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”  (Board approved Settlement Agreement).

Respondent:        Augusto Chiriboga, M.D.

Case Number:     MED 2015-10-L

Sanction:             Licensee on probation for three months, $1,000 fine                                                      

Effective Date:     8-13-15

Respondent allegedly violated HRS §§ 453-8(a)(11) and 453-8(a)(14) by being disciplined in Louisiana, Colorado, Georgia, Tennessee and Texas and failing to report these actions to the Hawaii Board within 30 days of the disciplinary decisions.  (Board approved Settlement Agreement).

MOTOR VEHICLE REPAIR INDUSTRY BOARD

Respondent:        Le’s Transmission Corporation

Case Number:     ARP 2012-17-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     8-13-15

Respondent admittedly violated HRS § 437B-15 by failing to give the customer a written repair estimate or obtain a waiver prior to commencement of a repair job, and HAR § 16-87-22 by failing to get the customer’s consent to an increase in the cost of repairs above the estimate price.  Respondent gave the customer an oral repair estimate of $1,500 to repair a transmission, and after the job was completed, informed the customer that he owed Respondent $3,100. (Board approved Settlement Agreement).

REAL ESTATE COMMISSION

Respondent:        Jo-Ann M. Aki (Maui)

Case Number:     REC 2014-187-L

Sanction:             $500 fine

Effective Date:     8-28-15

Respondent allegedly failed to adhere to a law in a manner such that the licensing authority deems the holder of the license to be an unfit or improper person to hold the license in violation of HRS § 436B-19(12), and was allegedly convicted of a penal crime directly related to the qualifications, functions, or duties of a real estate licensee in violation of HRS § 436B-19(14).  On June 4, 2014, Respondent allegedly pleaded no contest to the crime of operating a vehicle under the influence of an intoxicant. (Commission approved Settlement Agreement).

CONTRACTORS LICENSE BOARD

Respondent:        Pacific Flooring Contractors, LLC                                                                              

Case Number:     CLB 2014-85-U

Sanction:             $2,000 fine

Effective Date:     8-20-15

Respondent allegedly violated HRS § 444-25.5 by failing to provide bond and lien rights information to the homeowner, and HAR §§ 16-77-79(a)(4) and 16-77-80 by failing to include requisite homeowner contract provisions in its contract with the homeowner.  (Board approved Settlement Agreement).

Respondents:      Hugh’s Builders, Inc. and Housheng Liu

Case Number:     CLB 2015-80-L

Sanction:             $3,000 fine

Effective Date:     8-20-15

Respondents admittedly violated HRS § 444-9.3 by aiding and abetting an unlicensed person.  On March 6, 2015, Respondents sub-contracted with an individual who did not possess a contractor’s license to perform contracting work as a part of a contract Respondents entered into to build an extension of a residence.  Pursuant to HAR § 16-77-71(a)(5), Respondent Liu, as the RME of Respondent Hugh’s Builders, Inc., was responsible for the violations committed by Respondent Hugh’s Builders, Inc.  (Board approved Settlement Agreement).

 

Respondents:      Tropical Wholesale, Inc. and Matthew R. Houar                                                       

Case Number:     CLB 2011-335-L

Sanction:             $500 fine

Effective Date:     8-20-15

Respondents admittedly violated HRS § 444-23(a) and HAR § 16-77-33 by contracting and performing work outside the appropriate scope of classification for which the licensee is licensed.  Respondents, who were licensed as a “B” general contractor, but did not have the appropriate specialty license, admittedly contracted with a homeowner to install a photovoltaic solar system.  (Board approved Settlement Agreement).

Respondents:      Tropical Wholesale, Inc. and Matthew R. Houar                                                       

Case Number:     CLB 2011-231-L

Sanction:             $500.00 fine

Effective Date:     8-20-15

Respondents admittedly violated HRS § 444-23(a) and HAR § 16-77-33 by contracting and performing work outside the appropriate scope of classification for which the licensee is licensed.  Respondents, who were licensed as a “B” general contractor but did not have the appropriate specialty license, admittedly contracted with a homeowner to install a photovoltaic solar system.  (Board approved Settlement Agreement).

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

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Media Contact:

Christine Hirasa

Communications Officer

Department of Commerce and Consumer Affairs

Phone:  (808) 586-7582

Mobile:  (808) 286-9626

Email:  [email protected]