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

March 5, 2015

DCCA DISCIPLINARY ACTIONS

(Through February 2015)

HONOLULU – The Department of Commerce and Consumer Affairs (DCCA) and the State Boards and Commissions released a summary of disciplinary actions through the month of February 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.

CONTRACTORS LICENSE BOARD

Respondent:        Richard D. Shirk, dba AM-PM Carpet Sales

Case Number:     CLB 2012-58-L

Sanction:             $1,000 fine and submit contract which complies with the contracting laws regarding homeowner disclosures within 60 days of the Board’s Final Order                                                                

Effective Date:     1-23-15

The Board found that Respondent violated HRS § 444-25.5(a), 444-25.5(b), HAR §§ 16-77-79 and 16-77-80 by failing to provide the required homeowner disclosures and HAR § 16-77-33(d) by engaging in unlicensed activity.  Respondent installed laminate wood flooring at a residence without the proper license.  (Board’s Final Order after contested case hearing)

BOARD OF PRIVATE DETECTIVES AND GUARDS

Respondents:      United Courier Services, Inc. and Kenneth C.K. Lam

Case Number:     PDG 2014-173-L

Sanction:             Jointly pay $6,000 fine

Effective Date:     2-12-15

Respondents admittedly violated HRS § 436B-19(16) by employing unlicensed guards.  (Board approved Settlement Agreement)

Respondent:        Edward R. Akiona

Case Number:     PDG 2014-33-L

Sanction:             $2,500 fine                                                                                                                  

Effective Date:     2-12-15

Respondent, as the principal guard for Alii Security Systems (“Alii”), allegedly violated HRS § 436B-19(17) and HAR § 16-97-7(b)(1) by failing to secure full compliance with the laws governing private guards.  From May 2014 to June 2014, Alii allegedly employed several guards who were not properly licensed.  (Board approved Settlement Agreement)

Respondent:        Securitas Security Services USA, Inc.

Case Number:     PDG 2014-36-L

Sanction:             $10,000 fine                                                                                                                

Effective Date:     2-12-15

Respondent allegedly violated HRS § 436B-19(6) by aiding and abetting an unlicensed entity to directly or indirectly perform activities requiring a license.  In March 2014 an entity that is not licensed as a guard agency in Hawaii entered into a contract executed in California, to provide guard services for a company with various locations in various states including Hawaii.  The entity subsequently entered into a contract with Respondent under which Respondent agreed to provide guard services under the primary contract in various states, including Hawaii.  (Board approved Settlement Agreement)

HAWAII MEDICAL BOARD

Respondent:        Nancy D. Rogers, M.D.

Case Number:     MED 2013-27-L

Sanction:             $1,000 fine                                                                                                                  

Effective Date:     2-12-15

Respondent  allegedly violated HRS § 453-8(a)(9) by engaging in conduct contrary to the recognized standards of ethics by divulging confidential patient information to a third party without the subject patient’s knowledge and/or consent.  (Board approved Settlement Agreement)

Respondent:        Vinson DiSanto, D.O.

Case Number:     MED 2012-127-L

Sanction:             Licensee reprimanded, $2,500 fine                                                                            

Effective Date:     2-12-15

The Board found that Respondent violated HRS §§ 453-8(a)(6) and 453-8(a)(15) by procuring a license through misrepresentation and by submitting statements to the Board, which contained false or untrue statements.  The Board also found that Respondent violated HRS § 453-8(a)(11) by having disciplinary action taken in another jurisdiction for reasons as provided in HRS § 453-8 and violated HRS § 453-8(a)(14) by failing to report disciplinary actions taken in another jurisdiction to the Board within 30 days after the disciplinary decision was issued.  Respondent failed to report disciplinary actions taken against him in Kentucky, Illinois and Michigan and failed to disclose on his application for licensure that he had been dismissed from the Philadelphia College of Osteopathic Medicine for a period of time for academic reasons. (Board’s Final Order after contested case hearing)

REAL ESTATE COMMISSION

Respondent:        Estrellita G. Miguel

Case Number:     REC 2013-87-L

Sanction:             License revoked

Effective Date:     1-23-15

The Commission found that Respondent violated HRS § 467-14(20) by failing to maintain a record of competency, honesty, truthfulness, financial integrity and fair dealing, and HRS § 436B-19(14) by being convicted of a penal crime directly related to the qualifications, functions or duties of a real estate licensee and  HRS § 436B-19(12) by failing to comply, observe or adhere to any law in a manner such that the holder is deemed to be an unfit or improper person to hold a license.  On June 12, 2012, Respondent entered into a plea agreement in which she agreed to enter a voluntary plea of guilty in the federal court to charges of knowingly conspiring and agreeing with others to commit wire fraud and making false statements on loan applications, wire fraud, mortgage loan fraud and money laundering.  From September 2003 to 2008 Respondent worked as a loan broker, loan officer and real estate agent for Easy Mortgage.  During this period, Respondent knowingly prepared and caused to be prepared loan application and origination forms with false information including inflated income amounts and false representations regarding the borrower’s intent to occupy the property as a primary residence.  (Commission’s Final Order after contested case hearing)

Respondent:        Todd T. Dickie

Case Number:     REC 2011-252-L

Sanction:             License revoked; $2,000 fine

Effective Date:     1-7-15

The Commission found that Respondent failed to maintain a reputation for or record of competency, honesty, truthfulness, financial integrity and fair dealing, in violation of HRS § 467-14(20), filed a document that contained a material misstatement of fact in violation of HRS § 467-20, failed to report his July 23, 2010 conviction and a 2009 judgment to the Commission within 30 days in violation of HRS § 436B-16, 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), was convicted of a penal crime directly related to the qualifications, functions or duties of the licensed profession in violation of HRS § 436B-19(14) and procured a license through misrepresentation in violation of HRS § 436B-19(5).  Respondent pleaded guilty in federal court to twice knowingly and purposefully evading federal reporting requirements by structuring cash bank deposits greater than $10,000.00.  On Oct. 23, 2009, a judgment was entered against Respondent on 10 charges of wilful failure to file a tax return and Respondent was ordered to pay restitution in the total amount of $59,770.00.  Respondent failed to report the judgment to the Commission within thirty days of their entry and failed to disclose the judgment on renewal applications filed with the Commission.  (Commission’s Final Order after contested case hearing)

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent:        Lynn R. Arrington III

Case Number:     ENG 2014-12-L

Sanction:             $500 fine

Effective Date:     2-12-15

Respondent admits that he had disciplinary action taken against him in Mississippi in 2014 in violation of HRS § 436B-19(13). (Board approved Settlement Agreement)

BOARD OF EXAMINERS IN OPTOMETRY

Respondent:        Karen T. Barbadillo, O.D.

Case Number:     OPT 2014-9-L

Sanction:             $500 fine

Effective Date:     2-2-15

Respondent allegedly violated HRS § 459-9(1) by presenting to the Board information, which was untrue in any material respect.  Respondent allegedly incorrectly certified on her Nov. 4, 2013 online renewal application that she had completed the required 36 hours of continuing education when she completed only 35.5 hours.  (Board approved Settlement Agreement)

TRAVEL AGENCY PROGRAM

Respondent:        Timothy R. Nguyen, also known as Timothy Rang Nguyen, formerly known as Rang V. Nguyen, doing business as Riverside Travel and Services

Case Number:     TAR 2014-1-L, TAR 2014-2-L, TAR 2014-4-L, TAR 2014-7-L, TAR 2014-8-L, TAR 2014-9-L, TAR 2014-10-L, TAR 2014-14-L, TAR 2014-15-L, TAR 2014-16-L, TAR 2014-20-L, TAR 2014-22-L

Sanction:             Registrations revoked, $15,000 fine, $31,550 in restitution

Effective Date:     2-25-15

The Director found that Respondent made untruthful or improbable statements in violation of HRS § 436B-19(2), failed to maintain a record or history of competency, trustworthiness, fair dealing and financial integrity in violation of HRS § 436B-19(8), failed to comply with requirements regarding client trust accounts in violation of HRS §§  468L-5(a), 468L-5(b), 468L-5(d), 468L-7.5(2), 468L-7.5(3), HAR §§  16-116-39(2) and 16-116-39(3) and16-116-39(8).  The Director also found that Respondent failed to notify the director of changes of information such as client trust account number, location or mailing address in violation of HAR §§  16-116-13, 16-116-39(3) and 16-116-39(5) and failed to maintain the requirements necessary for the granting of a registration in violation of HAR § 16-116-39(1).  Respondent failed to provide airline tickets to 11 customers and airline tickets and hotel accommodations to one customer despite receiving full payment from them.

To obtain copies of the decisions reported in this press release without charge go to: cca.hawaii.gov/oah/oah_decisions/.

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