Department of Commerce and Consumer Affairs

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
KA ʻOIHANA PILI KĀLEPA 

Office of Administrative Hearing

JOSH GREEN, M.D.
GOVERNOR
KIAʻĀINA

NADINE Y. ANDO
DIRECTOR
KA LUNA HOʻOKELE

 

FOR IMMEDIATE RELEASE
April 21, 2023

DCCA DISCIPLINARY ACTIONS
(Through March 2023)

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 2023, 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 for 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 BARBERING AND COSMETOLOGY

Respondents:             Huong Phan LLC, dba Beauty Nail N Spa, and Huong Thi Phan
Case Number:            BAR 2021-98-L
Sanction:                     $2,000 fine
Effective Date:           2-28-23

RICO alleges that Respondents failed to display the beauty operator licenses of Respondent Phan and its employees and permitted an unlicensed person to perform activities requiring a beauty operator license, in potential violation of Act 73, 2022 Hawai‘i Session Laws, §§  -16(a)(3) and -16(a)(6). (Board approved Settlement Agreement.)

Respondent:                Royal Nails LLC
Case Number:             BAR 2019-97-L
Sanction:                      $500 fine
Effective Date:            2-28-23

On or about July 7, 2019, Respondent permitted unlicensed person Trang Thi My La to perform activities in Respondent’s beauty shop which require a license, in violation of HRS § 439-19(a)(3). (Board approved Settlement Agreement.)

Respondent:               Saajida L.L. Serrano
Case Number:            BAR 2022-147-L
Sanction:                     $1,000 fine
Effective Date:           2-28-23

RICO alleges that on June 27, 2016, Respondent submitted an application for a license to the Board that failed to disclose a petty misdemeanor criminal conviction that had been entered against Respondent in the District Court of the First Circuit, State of Hawai‘i in 2005, in violation of HRS §§ 439-19(a)(1) and 439-19(a)(9). (Board approved Settlement Agreement.)

BOARD OF VETERINARY MEDICINE

Respondent:               Kelly M. Dowdall-Garberson
Case Number:            VET 2022-5-L
Sanction:                      $1,500 fine, institute written medication policy
Effective Date:           3-10-23

RICO alleges that Respondent saw two fancy mice as patients and prescribed 0.05mL of Enroquin 22.7mg to both mice, that the mice’s weights were not documented in their individual veterinary records, and that in a letter statement by Respondent, the dosage of Enroquin was prescribed in error, and the prescription should have been 0.50mL, in potential violation of HRS § 471-10(b)(1). (Board approved Settlement Agreement.)

Respondent:               Dennis M. Barros
Case Number:            VET 2023-5-L
Sanction:                     $750 fine, provide Board with evidence of completion of
fourteen (14) hours of board-approved CE hours
Effective Date:           3-10-23

On or about May 10, 2022, the Board received Respondent’s license renewal application for the July 1, 2020 – June 30, 2022 biennial licensing period. On or about September 9, 2022, the Board issued an Audit of Compliance-Continuing Education “CE” Requirement 2020-2022 Biennium notice and Respondent failed to provide proof of completion for the 20 CE credit hours to be completed during the licensing period, in potential violation of HRS §§ 471-9(f) and 47a-10(b)(2). (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent:              Caroline Koley Stoner (Maui)
Case Number:           RNS 2019-31-L
Sanction:                    Voluntary surrender of license
Effective Date:          3-2-23

RICO alleges that Respondent plead “no contest” and was convicted of charges of forgery, prohibited acts with a controlled substance, and theft in criminal case 2CPC-19-0000068, in potential violation of HRS § 457-12(a)(9). (Board approved Settlement Agreement.)

BOARD OF PUBLIC ACCOUNTANCY

Respondent:             Yuri Shimahara
Case Number:           ACC 2022-27-L
Sanction:                    Agreement not to renew license or to practice in Hawaii, $750 fine
Effective Date:          3-24-23

RICO alleges that Respondent failed to complete four (4) Continuing Professional Education credit hours that were to be complete during the 2020-2021 license period, in potential violation of HRS § 466-9(b)(1). (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:              Kona Now LLC, dba Kona Now Hawaii Realty (Hawai‘i)
Case Number:           REC 2021-282-L+ 3
Sanction:                    License revocation
Effective Date:          3-1-23

RICO alleges that between January and September 2021, Respondent displayed signs and advertisements that used the license name of a different real estate brokerage firm at its place of business without the Commission’s authorization or approval, and that Respondent managed more than two dozen rental properties without real property rental management agreements signed between Respondent and owners, in potential violation of HRS § 467-14(13), and HAR §§ 16-99-3(f) and 16-99-11(a). (Board approved Settlement Agreement.)

Respondent:               Jacqueline J. Frame (Hawai‘i)
Case Number:            REC 2021-282-L+ 3
Sanction:                     $5,000 fine
Effective Date:           3-1-23

RICO alleges that between January and September 2021, the real estate brokerage firm that Respondent was responsible for managing and supervising as its principal broker failed to comply with State licensing requirements and rental property management agreements, in potential violation of HRS §§ 467-1.6 and 467-14(13). (Board approved Settlement Agreement.)

Respondent:              Russell H. Yamanoha
Case Number:           REC 2019-609-L
Sanction:                    $4,000 fine
Effective Date:          3-25-23

RICO alleges that Respondent was convicted in the United States District Court for the District of Hawai‘i of criminal misdemeanor information regarding a conspiracy to make false entries into the records of a labor union, in potential violation of HRS §§ 467-14(8) and 467-14(20). (Board approved Settlement Agreement.)

Respondents:            Soldier to Soldier Hawaii Realty LLC and Celester Thomas
Case Number:           REC 2020-244-L
Sanction:                    $7,500 fine
Effective Date:          3-26-23

RICO alleges that Respondents failed to obtain a written listing agreement or agency agreement between Respondents and owners of a property prior to listing that property for sale, and further alleges that Respondents misrepresented to the consuming public that Respondents were agents for the owners in the sale of the property through an “Exclusive Rights,” “Full Service” listing on the Multiple Listing Service (MLS), in potential violation of HRS §§ 467-14(1) and 467-14(13), and HAR §§ 16-99-3(b),16-99-3(f) and 16-99-3(i). (Board approved Settlement Agreement.)

REAL ESTATE APPRAISER PROGRAM

Respondent:                Jack Alexander
Case Number:             REA 2022-9-L
Sanction:                      $500 fine
Effective Date:            2-24-23

RICO alleges that Respondent failed to disclose a 2018 citation issued against his license by the State of California in his February 22, 2022 Application for Temporary Recognition of License/Certification and also failed to disclose a March 3, 2022 citation in his April 21, 2022 Application for Endorsement of an Out-of-State License/Certificate, in potential violation of HAR § 16-114-106(1) and HRS § 436B-19(17).  (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:                Ziphealth, Inc.
Case Number:             PHA 2022-100-L
Sanction:                      $2,500 fine
Effective Date:            3-30-23

Respondent was disciplined by the States of Maine and Oregon and failed to timely report the Maine disciplinary action to the Board, in potential violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

Respondent:                Healthy Options, Inc., dba Postal Prescription Services
Case Number:             PHA 2022-84-L
Sanction:                       $1,000 fine
Effective Date:            3-30-23

Respondent was disciplined by the State of Oregon, in potential violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

Respondent:                Walgreen Pharmacy Services Midwest LLC
Case Number:             PHA 2022-96-L
Sanction:                      $10,000 fine
Effective Date:            3-30-23

Respondent was disciplined by the State of New Mexico for adverse drug event conduct and based on the New Mexico disciplinary action was also disciplined by the State of Texas, in potential violation of HRS §§ 436B-19(13), 436B-19(15) and 461-21(a)(5).  (Board approved Settlement Agreement.)

Respondent:                DGN Pharmacy Inc., dba Personal Rx
Case Number:             PHA 2022-99-L
Sanction:                       $1,000 fine
Effective Date:            3-30-23

Respondent was disciplined by the State of Alabama, in potential violation of HRS §§ 436B-19(13), 436B-19(15) and 461-21(a)(5).  (Board approved Settlement Agreement.)

Respondent:                Walgreens.com, Inc., dba Walgreens #02445
Case Number:             PHA 2022-91-L
Sanction:                      $2,000 fine
Effective Date:            3-30-23

Respondent was disciplined by the State of Iowa and failed to timely report the disciplinary action to the Board, in potential violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

Respondent:                Goodhealth Inc., dba Premier Pharmacy Services
Case Number:             PHA 2022-89-L
Sanction:                      $4,000 fine
Effective Date:            3-30-23

Respondent was disciplined by the State of California, in potential violation of HRS §§ 436B-19(13), 461-21(a)(2), and 461-21(a)(5).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD 

Respondents:              James M. Murray and JM Finish Carpentry LLC, dba Ohana Construction
Case Number:             CLB 2022-45-L
Sanction:                      $2,500 fine
Effective Date:            3-24-23

RICO alleges Respondents entered into a written contract for a project and that the contract did not include the following disclosures: lien and bond rights, Contractor’s Right to Repair Act, the project’s start and end dates, the scope of work, the license numbers and classifications of the contractors, and the list of subcontractors, in potential violation of HRS § 444-25.5(b) and HAR §§ 16-77-80(a)(1), 16-77-80(a)(3), 16-77-80(a)(4), and 16-77-71(a)(5).  (Board approved Settlement Agreement.)

Respondents:              Atlas Construction, Inc. and Bruce Kim
Case Number:             CLB 2021-234-L
Sanction:                       $4,000 fine
Effective Date:            3-24-23

RICO alleges that Respondent Atlas entered into written contract for a project, subcontracted with unlicensed entities to perform work on the project that requires a license, and failed to list the subcontractors and their license information on the project contract, in potential violation of HRS § 444-17(17) and HAR §§ 16-77-80(a)(5), 16-77-71, and 16-77-75. (Board approved Settlement Agreement.)

Respondent:                Northwest Exteriors, Inc., dba Windows Hawaii a Division of Northwest Exteriors; Thomas M. Orr
Case Number:             CLB 2022-441-L
Sanction:                      $8,000 fine
Effective Date:            3-24-23

RICO alleges that Respondent’s homeowner contracts did not include all required homeowner disclosures, Respondent Orr did not sign or initial all of Respondent’s contracts, and that Respondent Orr was not in residence in the State of Hawaii during Respondent’s contractor activity, in potential violation of HRS § 444-25.5(b) and HAR §§ 16-77-71(a)(2), 16-77-71(a)(4) and 16-77-80.  (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
[email protected]
Office: (808) 586-7582