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

Jan. 5, 2016

DCCA DISCIPLINARY ACTIONS
(Through December 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 December 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.

BOARD OF ELECTRICIANS AND PLUMBERS

Respondent:        Calvin I. Matsuoka, Jr. (Hawaii Island)
Case Number:     ENP 2015-16-L
Sanction:               $2,000 fine
Effective Date:     12-8-15

Respondent allegedly violated HRS § 448E-10(a)(1) by obtaining or attempting to obtain a license by misrepresentation. On his initial application for a plumber’s license which was signed on March 13, 2002, Respondent answered “no” to the question “In the past twenty years, have you ever been convicted of a crime in which the conviction has not been annulled or expunged?” despite his conviction for prostitution on Aug. 13, 1999. On his renewal application that was received on May 9, 2015, Respondent allegedly answered “no” to the question “In the past 3 years have you been convicted of a crime in which the conviction had not been annulled or expunged?” despite his conviction for prostitution on Dec. 11, 2014. (Board approved Settlement Agreement.)

HAWAII MEDICAL BOARD

Respondent:        John P. Kanaulu, Jr.
Case Number:     MED 2014-169-L
Sanction:               Licensee on probation for three months, $500 fine
Effective Date:     12-10-15

Respondent admittedly violated HRS §§ 436B-19(17) and 453-8(a)(12) by being convicted of a penal offense substantially related to the qualifications, functions, or duties of the profession. On April 28, 2014, Respondent, an emergency medical technician, was convicted of operating a vehicle under the influence of an intoxicant. (Board approved Settlement Agreement.)

Respondent:        James Louis Grisez, M.D.
Case Number:     MED 2015-97-L
Sanction:               Voluntary revocation of license
Effective Date:     12-10-15

Respondent admittedly violated HRS § 453-8(a)(11) by being disciplined in California. Respondent surrendered his license in California after a complaint alleging physical impairment was filed against him. (Board approved Settlement Agreement.)

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:        Envy Hawaii, LLC, dba Volvo of Honolulu
Case Number:     MVI 2014-30-L
Sanction:               $500 fine
Effective Date:     12-15-15

Respondent admittedly violated HRS §§ 437-12(a), 437-12(b) and 437-28(a)(2) and 437-28(a)(13) by failing to have the legal ownership certificate of a vehicle prior to sale, and failing to deliver the ownership certificate to the customer within the period as specified in HRS § 286-52(b). (Board approved Settlement Agreement.)

Respondent:        Envy Hawaii, LLC, dba Windward Motors
Case Number:     MVI 2015-18-L
Sanction:               $500 fine
Effective Date:     12-15-15

Respondent admittedly violated HRS §§ 437-15 and 437-28(a)(2) by allowing a salesperson to engage in car sales activity without being licensed by the dealership. (Board approved Settlement Agreement.)

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent:        Michael D.Y. Lau
Case Number:     ENG 2014-39-L
Sanction:               $2,000 fine
Effective Date:     12-10-15

Respondent admittedly violated HRS § 436B-13 and/or 464-9(d) by failing to timely complete the required continuing education credits. Despite certifying on March 5, 2014, that he had met the continuing education requirement by completing the requisite continuing education credit hours, Respondent did not show completion of the requisite continuing education credit hours until Nov. 25, 2014. (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:        Dayna E. Harris, dba Molokai Vacation Properties (Molokai)
Case Number:     REC 2015-262-L
Sanction:               $500 fine
Effective Date:     12-18-15

Respondent admittedly failed to report a small claims judgment in the amount of $414.24 to the Commission within thirty days of the entry of the judgment in violation of HRS § 436B-16(a). (Commission approved Settlement Agreement.)

ACTIVITY DESK PROGRAM

Respondent:        TOTR, Inc. (Maui)
Case Number:     ADP 2012-9-L, ADP 2012-11-L
Sanction:               Registration revoked, $3,488.62 in restitution
Effective Date:     12-31-15

The Director found that Respondent violated HRS § 468M-4 by failing to pay two activity providers within 30 days from the date of their invoices. (Director’s Final Order after contested case hearing.)

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

# # #

Shelly Kunishige
Multimedia Education Specialist
Department of Commerce and Consumer Affairs
Email: [email protected]
Office: (808) 587-6735