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

June 8, 2015

DCCA DISCIPLINARY ACTIONS

(Through May 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 May 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 CHIROPRACTIC EXAMINERS

Respondent:        Obteen Nassiri, D.C.

Case Number:     CHI 2012-8-L

Sanction:             License revoked                                                                                                              

Effective Date:     5-7-15

The Board found that Respondent violated HRS § 442-9(a)(12) by engaging in professional misconduct, and HRS § 436B-19(13) and (15) by being disciplined in Nevada and failing to report it to the Hawaii Board within 30 days of the disciplinary decision.  Respondent referred patients to a practice co-owned by his wife and billed insurance companies for those referrals.  Respondent also maintained two sets of patients’ medical records, which differed based on the audience to which the records would be provided for payment, misrepresented the true state of his businesses’ finances in his bankruptcy filings, failed to cooperate with the Nevada Board’s investigation, and allowed people to work as chiropractic assistants before they applied for and received their certificates as chiropractic assistants. (Board’s Final Order after contested case hearing).

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent:        William P. Beaubeaux

Case Number:     ENG 2015-1-L

Sanction:             $1,000 fine                                                                                                                                   

Effective Date:     5-7-15

Respondent admittedly violated HRS §§ 436B-13 and 464-9(d) by failing to timely complete required continuing education credits to satisfy renewal requirements.  (Board approved Settlement Agreement)

BOARD OF PRIVATE DETECTIVES AND GUARDS

Respondents:      Universal Protection Service, LP and Scott K. Collins

Case Number:     PDG 2014-38-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     5-14-15

Respondents admittedly violated HRS § 436B-19(16) by employing an unlicensed guard who was providing guard services in or around July 2014. (Board approved Settlement Agreement)

Respondents:      Private Security Group, Inc., fka Private Security, Inc. and Charles L. Long

Case Number:     PDG 2014-195-L

Sanction:             $3,000 fine                                                                                                                       

Effective Date:     5-14-15

Respondents admittedly violated HRS § 436B-19(16) by employing unlicensed guards who were providing guard services at a musical event in Honolulu, Hawaii, on Sept. 19, 2014.  (Board approved Settlement Agreement).

BOARD OF BARBERING AND COSMETOLOGY

Respondent:        Kailee & So Inc. dba Kailee Cutie Nails and Thuy Ai Thai Nguyen

Case Number:     BAR 2015-11-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     5-11-15

Respondents, as the beauty shop and beauty shop owner, allegedly violated HRS §§ 439-17(d) and 439-19(a)(3) by utilizing unlicensed beauty operator employees.  (Board approved Settlement Agreement).

BOARD OF DENTAL EXAMINERS

Respondent:        Allan Y. Segawa, D.D.S.

Case Number:     DEN 2015-8-L

Sanction:             Licensee reprimanded, $1,000 fine                                                                                             

Effective Date:     5-18-15

Respondent allegedly violated HRS § 436B-19(17) and HAR § 16-79-8 by failing to follow approved infection control practices.  There was an alleged improper use of gloves at Respondent’s dental office.  (Board approved Settlement Agreement).

HAWAII MEDICAL BOARD

Respondent:        Igor Mitreski, M.D.

Case Number:     MED 2014-35-L

Sanction:             License revoked

Effective Date:     5-14-15

Respondent’s license was revoked because of his failure to comply with the Board’s Dec. 11, 2014 Final Order, which ordered him to pay an administrative fine in the amount of $5,000 by making monthly payments of $250 per month beginning 30 days after the approval of the Board’s final order. (Board’s Final Order)

Respondent:        Jerry Ko

Case Number:     MED 2012-195-L

Sanction:             License revoked

Effective Date:     5-14-15

The Board found that Respondent violated HRS § 458-8(a)(15) by submitting a statement to the Board, which was false or untrue or contained a material misstatement of fact or omission of fact. In an application for certification as an emergency medical technician-basic, Respondent failed to disclose his April 16, 2009 conviction for driving under the influence of an intoxicant. (Board’s Final Order after a contested case hearing).

REAL ESTATE COMMISSION

Respondents:      Waikiki Realty II, Inc. and Gwen M. Tanno

Case Number:     REC 2011-136-L

Sanction:             $500 fine

Effective Date:     5-29-15

Respondents allegedly violated HRS § 436B-16(a) by failing to provide written notice within 30 days to the Commission of any judgment which adjudges or finds licensees civilly liable for a loss caused by the licensees’ conduct in the practice of real estate.  Judgments involving security deposit and/or rental property related claims were entered against Waikiki Realty II, Inc. in 2011.  (Commission approved Settlement Agreement).

Respondent:        Paul A. Mainzer (Maui)

Case Number:     REC 2014-132-L

Sanction:             $500 fine

Effective Date:     5-29-15

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  the licensed  profession  or vocation  in violation  of  HRS § 436B-19(14).  Respondent was allegedly adjudged guilty of the crime of driving under the influence on Nov. 1, 2013.  (Commission approved Settlement Agreement).

Respondents:      Abe Lee Realty, LLC dba Abe Lee Realty and Abraham W.H. Lee, aka Abe Lee

Case Number:     REC 2011-292-L

Sanction:             $500 fine

Effective Date:     5-29-15

Respondents allegedly violated HRS § 436B-16(a) by failing to provide written notice within 30 days to the Commission of any judgment which adjudges or finds the licensees civilly liable for a loss caused by the licensees’ conduct in the practice of real estate.  An arbitration award was allegedly entered against Respondents on April 25, 2011.  The dispute involved the purchase of real property management agreements from another real estate broker.  (Commission approved Settlement Agreement).

CONTRACTORS LICENSE BOARD

Respondents:      Mainland-Pacific, Ltd., dba Mainland-Pacific Builders and Michael K. Coates, RME       

Case Number:     CLB 2015-63-L

Sanction:             $7,500 fine

Effective Date:     5-22-15

Respondents allegedly aided and abetted or utilized an unlicensed entity to perform activities requiring a license in violation of HRS §§  436B-19(6) and 436B-19(16).  Respondent Mainland-Pacific Builders allegedly performed work on a project located in Waikiki and assisted an unlicensed entity to also perform work on the same project.  (Board approved settlement agreement).

Respondents:      S & A Industries, Inc. and Maiser M. Aboneaaj

Case Number:     CLB 2013-483-L

Sanction:             $75,000 fine

Effective Date:     5-22-15

Respondents allegedly violated HAR § 16-77-71(a)(4) and HRS § 436B-19(17) by failing to have a responsible managing employee in residence in Hawaii for periods of time while Respondents’ project was under construction in Hawaii.  (Board approved settlement agreement).

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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