NEWS RELEASE: DCCA DISCIPLINARY ACTIONS (Through May 2021)

Posted on Jun 29, 2021 in News Releases, OAH

 DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

OFFICE OF ADMINISTRATIVE HEARINGS

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE
June 29, 2021

DCCA DISCIPLINARY ACTIONS
(Through May 2021)

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 May 2021 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

Respondent:     Laurel B. Mclean, D.C.
Case Number:   CHI 2020-26-L
Sanction:          $500 fine and complete continuing education
Effective Date: 5-5-21

RICO alleges that Respondent only completed 15 of the required 20 CE hours during the licensing period January 1, 2018 – December 31, 2019, in possible violation of HAR § 16-76-38(a) and HRS §§ 436B-19(17) and 442-9(a)(14).  (Board approved Settlement Agreement.)

Respondent:     John M. Beard, D.C. (Hawai’i)
Case Number:   CHI 2020-8-L
Sanction:          Agreement not to practice and not to renew chiropractic license
Effective Date: 5-5-21

RICO alleges that Respondent has been unable to provide the Board or RICO with evidence of having completed any CE in the twenty-four months preceding December 31, 2019, in possible violation of HAR § 16-76-38(a) and HRS §§ 436B-19(17) and 442-9(a)(14).  (Board approved Settlement Agreement.)

Respondent:     Kristen L. Arlt, D.C.
Case Number:   CHI 2020-12-L
Sanction:          $500 fine and complete continuing education
Effective Date: 5-5-21

RICO alleges that Respondent did not complete Board-approved 20 continuing education hours during the licensing period January 1, 2018 – December 31, 2019, in possible violation of HAR §§ 16-76-38(a) and 16-76-56(b)(21).  (Board approved Settlement Agreement.)

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS,
AND LANDSCAPE ARCHITECTS

Respondent:     Eung Suk Lee aka Eungsuk Lee
Case Number:   ENG 2019-8-L
Sanction:          $500 fine and complete education courses
Effective Date: 4-29-21

The Board adopted the Hearings Officer’s Recommended Order as the Board’s Final Order and found and concluded that Respondent violated HRS §§ 464-9(d) and 436B-19(1), (2) and (17).  (Board’s Final Order after contested case hearing.)

BOARD OF DENTISTRY

Respondent:     Christopher K. Chow, D.D.S.
Case Number:   DEN 2019-31-L
Sanction:          30 days voluntary suspension of license and $4,000 fine
Effective Date: 5-17-21

RICO alleges that on or about November 21, 2019, Respondent entered into a Settlement agreement with the United States Drug Enforcement Agency for improperly prescribing controlled substances to his wife and sister on various occasions without legitimate medical purpose by a practitioner in the usual course of professional practice, in possible violation of HRS § 448-17(b)(12).  (Board approved Settlement Agreement.)

Respondent:     Michael R. Furgeson
Case Number:   DEN 2018-45-L
Sanction:          $500 fine, show proof of compliance with the continuing education, ethics and BLS requirements and 5 years license suspension which may be lifted upon proof of compliance with the continuing education, ethics and BLS requirements for the 2016-2017 renewal period, as deemed acceptable by the Board, and payment of the $500 fine.
Effective Date: 5-17-21

The Board adopted the Hearings Officer’s Recommended Order as the Board’s Final Order and found and concluded that Respondent violated HRS §§ 436B-19(2) and 448-8.5 and HAR § 16-79-146.  (Board’s Final Order after contested case hearing.)

HAWAII MEDICAL BOARD

Respondent:     Susan R. Johnson, M.D.
Case Number:   MED 2020-232-L
Sanction:          $500 fine
Effective Date: 5-13-21

RICO alleges that on or about August 27, 2020, Respondent was disciplined by the Medical Board of California and failed to report the disciplinary action to the Hawaii Medical Board in writing within 30 days, in possible violation of HRS §§ 453-8(a)(11) and 453-8(a)(14).  (Board approved Settlement Agreement.)

Respondent:     Nadeem Afridi, M.D.
Case Number:   MED 2021-25-L
Sanction:          $2,500 fine
Effective Date: 5-13-21

RICO alleges that Respondent attended Dow Medical College and Chandka Medical College, where he earned his medical school diploma.  RICO alleges that Respondent did not list his enrollment, attendance, graduation, or degree from Chandka Medical College anywhere in his application.  Instead Respondent claimed that his medical degree was from Dow Medical College, in possible violation of HRS §§ 453-8(a)(6) and 453-8(a)(15).  (Board approved Settlement Agreement.)

Respondent:     Aharon Aviv Wolf, M.D.
Case Number:   MED 2021-3-L
Sanction:          Reprimand
Effective Date: 5-13-21

RICO alleges that Respondent was disciplined by the States of California, Florida and Pennsylvania, in possible violation of HRS § 453-8(a)(11).  (Board approved Settlement Agreement.)

Respondent:     Jesse M. Ebersole
Case Number:   MED 2020-68-L
Sanction:          Reprimand and $500 fine
Effective Date: 5-13-21

RICO alleges that Respondent was convicted of Conspiracy in the U.S. District Court, District of Hawaii, in possible violation of HRS § 436B-19(8).  (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent:     David B. Jones, R.N.
Case Number:   RNS 2019-037-L
Sanction:          License revocation
Effective Date: 5-13-21

The Board adopted the Hearings Officer’s Recommended Order as the Board’s Final Order and found and concluded that Respondent violated HRS §§ 457-12(a)(8), (9) and (10).  (Board’s Final Order after contested case hearing.)

Respondent:     Wendi Gonzales, R.N.
Case Number:   RNS 2021-211-L
Sanction:          Voluntary revocation of license
Effective Date: 5-13-21

RICO alleges that based on disciplinary actions in the U.S. Virgin Islands and/or Alaska, the following States disciplined Respondent’s nursing license(s): Minnesota, California, Illinois, Washington, Oregon and Alabama.  RICO further alleges that Respondent failed to report the disciplinary actions to the Board within 30 days after the disciplinary actions became final, in possible violation of HRS §§ 457-12(a)(1), (8) and (10).  (Board approved Settlement Agreement.)

Respondent:     Corazon Kobashigawa fka Corazon Saludares
Case Number:   RNS 2017-34-L and RNS 2018-27-L
Sanction:          Voluntary surrender of license and closure of adult residential care home
Effective Date: 5-13-21

RNS 2017-34-L:  RICO alleges that on or about May 1, 2018, the State of Hawaii, Department of Human Services’ Administrative Appeals Office (“Department”) issued a Notice of Administrative Hearing Decision confirming Respondent financially exploited a vulnerable adult (“Client”) while Client was residing at Analani ARCH, LLC.  The Department found Respondent had access to Client’s checking account, helped Client close Client’s individual checking and savings accounts, and opened a joint checking account with Client.  Expenditures were made from Client’s accounts for Respondent’s benefit or Respondent’s family’s or worker’s benefits.

RNS 2018-27-L:  RICO alleges the Department of Health’s Office of Health Care Assurance conducted annual inspections of Respondent’s adult residential care home, Analani ARCH, LLC for the period of 2015 to 2019.  Based on those inspections, RICO alleges there were multiple instances of incorrect and/or lack of documentation of medication and improper administration of medications, among other things. The foregoing, if proven at an administrative hearing before the Board, would constitute violations of HRS §§ 436B-19(8), (9), and (12) and 457-12(a)(3) and (6).  (Board approved Settlement Agreement.)

MOTOR VEHICLE REPAIR INDUSTRY BOARD

Respondent:     Lithia of Honolulu-F, LLC dba Honolulu Ford
Case Number:   ARP 2020-40-L
Sanction:          $500 fine
Effective Date: 5-20-21

RICO alleges that Respondent failed to provide a written estimate or obtain a written waiver of estimate for repair work to be performed, in possible violation of HRS § 437B-15(a).  (Board approved Settlement Agreement.)

Respondent:     Lithia of Honolulu-V, LLC dba Honolulu Volkswagen
Case Number:   ARP 2020-42-L
Sanction:          $1,500 fine
Effective Date: 5-20-21

RICO alleges that in or about September 2019 to March 2020, Respondent engaged in motor vehicle repair activity despite not having a licensed mechanic on site on a regular basis during repairs.  RICO further alleges that in or about April 2020 to August 2020, Respondent engaged in motor vehicle repair activity despite not having a licensed mechanic on site at all during the repairs, in possible violation of HRS §§ 437B-11(13) and 437B-23.5.  (Board approved Settlement Agreement.)

Respondent:     Dustin C. Huey
Case Number:   ARP 2019-68-L
Sanction:          $750 fine
Effective Date: 5-20-21

RICO alleges that in or about March 21, 2019, Respondent was convicted of the misdemeanor offense of prostitution.  Despite the conviction, RICO alleges that on his Renewal Application dated June 24, 2019, Respondent answered “no” to Question 3 which asked, “In the past 2 years, have you been convicted of a crime in which the conviction has not been annulled or expunged, in possible violation of HRS § 436B-19(5).  (Board approved Settlement Agreement.)

PEST CONTROL BOARD

Respondent:     Michael J. Worden
Case Number:   PCO 2020-15-L
Sanction:          No renewal, reinstatement, restoration or new license for five years and five-year cessation of pest control operations in the State of Hawaii
Effective Date: 5-24-21

RICO alleges that Respondent was the Principal Responsible Managing Employee (“RME”) for Oahu Termite & Pest Management, LLC, dba Oahu Termite & Pest Control (“OTPC”) and permanently moved to Texas in July 2019.  In June 2020, OTPC entered into a written agreement to provide pest control services for a customer in Hauula.  RICO further alleges that neither Respondent nor OTPC provided the Board with notice that Respondent had left his job and position with OTPC within ten working days.  RICO further alleges that neither Respondent nor OTPC provided the Board with notice that Respondent had moved from the State of Hawaii to the mainland, or of Respondent’s change in address within thirty days.  RICO further alleges that neither Respondent nor OTPC contacted the Board to designate someone else to be OTPC’s Principal RME in anticipation of Respondent leaving the State of Hawaii and his job position with OTPC, or within ten working days thereof, or at any point thereafter, to and including the present date, in possible violation of HRS § 436B-17 and HAR §§ 16-94-25 and 16-94-25.1.  (Board approved Settlement Agreement.)

Respondent:     Michael J. Worden
Case Number:   PCO 2020-28-L
Sanction:          No renewal, reinstatement, restoration or new license for five years and five-year cessation of pest control operations in the State of Hawaii
Effective Date: 5-24-21

RICO alleges that Respondent was the Principal Responsible Managing Employee (“RME”) for Oahu Termite & Pest Management, LLC, dba Oahu Termite & Pest Control (“OTPC”) and permanently moved to Texas in July 2019.  In February 2020, OTPC entered into a written agreement to provide pest control services for a customer in Ewa Beach.  RICO further alleges that neither Respondent nor OTPC provided the Board with notice that Respondent had left his job and position with OTPC within ten working days.  RICO further alleges that neither Respondent nor OTPC provided the Board with notice that Respondent had moved from the State of Hawaii to the mainland, or of Respondent’s change in address within thirty days.  RICO further alleges that neither Respondent nor OTPC contacted the Board to designate someone else to be OTPC’s Principal RME in anticipation of Respondent leaving the State of Hawaii and his job position with OTPC, or within ten working days thereof, or at any point thereafter, to and including the present date, in possible violation of HRS § 436B-17 and HAR §§ 16-94-25 and 16-94-25.1.  (Board approved Settlement Agreement.)

Respondent:     Michael J. Worden
Case Number:   PCO 2020-30-L
Sanction:          No renewal, reinstatement, restoration or new license for five years and five-year cessation of pest control operations in the State of Hawaii
Effective Date: 5-24-21

RICO alleges that Respondent was the Principal Responsible Managing Employee (“RME”) for Oahu Termite & Pest Management, LLC, dba Oahu Termite & Pest Control (“OTPC”) and permanently moved to Texas in July 2019.  In November 2019, OTPC entered into a written agreement to provide pest control services for a customer in Honolulu.  RICO further alleges that neither Respondent nor OTPC provided the Board with notice that Respondent had left his job and position with OTPC within ten working days.  RICO further alleges that neither Respondent nor OTPC provided the Board with notice that Respondent had moved from the State of Hawaii to the mainland, or of Respondent’s change in address within thirty days.  RICO further alleges that neither Respondent nor OTPC contacted the Board to designate someone else to be OTPC’s Principal RME in anticipation of Respondent leaving the State of Hawaii and his job position with OTPC, or within ten working days thereof, or at any point thereafter, to and including the present date, in possible violation of HRS § 436B-17 and HAR §§ 16-94-25 and 16-94-25.1.  (Board approved Settlement Agreement.)

Respondent:     Michael J. Worden
Case Number:   PCO 2020-31-L
Sanction:          No renewal, reinstatement, restoration or new license for five years and five-year cessation of pest control operations in the State of Hawaii
Effective Date: 5-24-21

RICO alleges that Respondent was the Principal Responsible Managing Employee (“RME”) for Oahu Termite & Pest Management, LLC, dba Oahu Termite & Pest Control (“OTPC”) and permanently moved to Texas in July 2019.  In November 2019, OTPC entered into a written agreement to provide pest control services for a customer in Honolulu.  RICO further alleges that neither Respondent nor OTPC provided the Board with notice that Respondent had left his job and position with OTPC within ten working days.  RICO further alleges that neither Respondent nor OTPC provided the Board with notice that Respondent had moved from the State of Hawaii to the mainland, or of Respondent’s change in address within thirty days.  RICO further alleges that neither Respondent nor OTPC contacted the Board to designate someone else to be OTPC’s Principal RME in anticipation of Respondent leaving the State of Hawaii and his job position with OTPC, or within ten working days thereof, or at any point thereafter, to and including the present date, in possible violation of HRS § 436B-17 and HAR §§ 16-94-25 and 16-94-25.1.  (Board approved Settlement Agreement.)

Respondent:     Michael J. Worden
Case Number:   PCO 2020-32-L
Sanction:          No renewal, reinstatement, restoration or new license for five years and five-year cessation of pest control operations in the State of Hawaii
Effective Date: 5-24-21

RICO alleges that Respondent was the Principal Responsible Managing Employee (“RME”) for Oahu Termite & Pest Management, LLC, dba Oahu Termite & Pest Control (“OTPC”) and permanently moved to Texas in July 2019.  In June 2020, OTPC entered into a written agreement to provide pest control services for a customer in Ewa Beach.  RICO further alleges that neither Respondent nor OTPC provided the Board with notice that Respondent had left his job and position with OTPC within ten working days.  RICO further alleges that neither Respondent nor OTPC provided the Board with notice that Respondent had moved from the State of Hawaii to the mainland, or of Respondent’s change in address within thirty days.  RICO further alleges that neither Respondent nor OTPC contacted the Board to designate someone else to be OTPC’s Principal RME in anticipation of Respondent leaving the State of Hawaii and his job position with OTPC, or within ten working days thereof, or at any point thereafter, to and including the present date, in possible violation of HRS § 436B-17 and HAR §§ 16-94-25 and 16-94-25.1.  (Board approved Settlement Agreement.)

Respondent:     Michael J. Worden
Case Number:   PCO 2021-1-L
Sanction:          No renewal, reinstatement, restoration or new license for five years and five-year cessation of pest control operations in the State of Hawaii
Effective Date: 5-24-21

RICO alleges that Respondent was the Principal Responsible Managing Employee (“RME”) for Oahu Termite & Pest Management, LLC, dba Oahu Termite & Pest Control (“OTPC”) and permanently moved to Texas in July 2019.  In June 2020, OTPC entered into a written agreement to provide pest control services for a customer in Waipio.  RICO further alleges that neither Respondent nor OTPC provided the Board with notice that Respondent had left his job and position with OTPC within ten working days.  RICO further alleges that neither Respondent nor OTPC provided the Board with notice that Respondent had moved from the State of Hawaii to the mainland, or of Respondent’s change in address within thirty days.  RICO further alleges that neither Respondent nor OTPC contacted the Board to designate someone else to be OTPC’s Principal RME in anticipation of Respondent leaving the State of Hawaii and his job position with OTPC, or within ten working days thereof, or at any point thereafter, to and including the present date, in possible violation of HRS § 436B-17 and HAR §§ 16-94-25 and 16-94-25.1.  (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:     Melissa Ann Fossum
Case Number:   PHA 2021-2-L
Sanction:          $250 fine
Effective Date: 4-15-21

RICO alleges that disciplinary action was taken against Respondent in the State of Oregon, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

Respondent:     McGuff Compounding Pharmacy Services, Inc.
Case Number:   PHA 2020-70-L
Sanction:          $500 fine
Effective Date: 4-15-21

RICO alleges that Respondent was disciplined by the Alabama State Board of Pharmacy, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents:  AGT Construction, LLC; and Alex Greg Talboys
Case Number:   CLB 2020-191-L
Sanction:          $5,000 fine
Effective Date: 5-21-21

RICO alleges that Respondents subcontracted with an unlicensed contractor to perform work at a condominium in Honolulu, Hawaii, in possible violation of HRS § 444-17(17) and HAR §§ 16-77-71 and 16-77-75.  (Board approved Settlement Agreement.)

Respondents:  Ronald L. Taylor and Terra Nova Industries
Case Number:   CLB 2017-200-L
Sanction:          $20,000 fine
Effective Date: 5-21-21

RICO alleges that Respondent Taylor was not in residence in the State of Hawaii from April of 2017 to July of 2017, during which time Respondent Terra Nova was working on a construction project at Ala Moana Shopping Center in Honolulu, Hawaii, in possible violation of HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5).  (Board approved Settlement Agreement.)

Respondents:  JC Contracting, LLC; and Fortunato V. Corpuz, Jr. (Maui)
Case Number:   CLB 2020-104-L
Sanction:          $2,500 fine
Effective Date: 5-21-21

RICO alleges that the contract for the Project failed to contain all required homeowner disclosures, in possible violation of HRS § 444-25.5 and HAR §§ 16-77-71 and 16-77-80.  (Board approved Settlement Agreement.)

Respondent:     Mailefihi Niutupuivaha, dba MTN Builders
Case Number:   CLB 2020-221-L
Sanction:          $1,000 fine
Effective Date: 5-21-21

RICO received a complaint alleging that Respondent defaulted on the purchase of a property sale and had started construction on the property before obtaining a building permit, in possible violation of HRS § 444-17(6).  (Board approved Settlement Agreement.)

Respondents:  Young’s Pacific Builders, LLC; and Young Dal Kim
Case Number:   CLB 2019-229-L
Sanction:          $2,500 fine
Effective Date: 5-21-21

RICO alleges that the contract for the Project failed to contain all required homeowner disclosures, in possible violation of HRS § 444-25.5 and HAR §§ 16-77-71 and 16-77-80.  (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:     Gregory B. Kostanoski, aka Greg Kostanoski (Maui)
Case Number:   REC 2020-70-L
Sanction:          $500 fine
Effective Date: 5-28-21

RICO alleges that between approximately June 19, 2018 to July 5, 2019, Respondent (broker-in-charge) and/or others affiliated or formerly affiliated with West Maui Resort Partners, LP, submitted at least nine (9) change forms to the Commission which were submitted more than ten (10) days after the change took place and, in some cases, as much as two and three months after the change, in possible violation of HRS § 467-1.6(a)(2).  (Commission approved Settlement Agreement.)

Respondent:     Denis W. Piosalan
Case Number:   REC 2020-70-L
Sanction:          $500 fine
Effective Date: 5-28-21

RICO alleges that between approximately June 19, 2018 to July 5, 2019, Respondent (principal broker) and/or others affiliated or formerly affiliated with West Maui Resort Partners, LP, submitted at least nine (9) change forms to the Commission which were submitted more than ten (10) days after the change took place and, in some cases, as much as two and three months after the change, in possible violation of HRS § 467-1.6(a)(2).  (Commission approved Settlement Agreement.)

SOCIAL WORKER LICENSING PROGRAM

Respondent:     Gerald L. Coffee
Case Number:   RSW 2021-2-L
Sanction:          $250 fine
Effective Date: 5-10-21

RICO alleges that Respondent did not complete any of the required CE during the July 1, 2016 – June 30, 2019 triennium period, in possible violation of HRS §§ 467E-11 and 467E-12(a)(1).  (Director approved Settlement Agreement.)

ACTIVITY DESKS PROGRAM

Respondent:     Aloha Vacation Ownership Marketing LLC (Maui)
Case Number:   ADP 2020-3-L and ADP 2020-9-L
Sanction:          Voluntary revocation of registration
Effective Date: 5-17-21

RICO alleges that Respondent failed to pay two (2) service providers within 30 days from the date of invoices for services provided, in possible violation of HRS § 468M-4.  (Director approved Settlement Agreement.)

Respondent:     Cashback Tours, Inc.
Case Number:   ADP 2020-4-L
Sanction:          Voluntary revocation of registration
Effective Date: 5-28-21

RICO alleges that Respondent failed to remit payment to various activity providers by the thirty days of the invoice date, in possible violation of HRS § 468M-4.  (Director approved Settlement Agreement.)

COLLECTION AGENCY PROGRAM

Respondent:     Transworld Systems Inc.
Case Number:   COL 2020-5-L
Sanction:          $1,000 fine
Effective Date: 5-17-21

RICO alleges that two (2) Consent Orders were filed against Respondent by a state or federal agency for reasons provided in the licensing law or HRS Chapter 436B, in possible violation of HRS § 436B-19(13).  (Director approved Settlement Agreement.)

HAWAII POST-SECONDARY EDUCATION AUTHORIZATION PROGRAM

Respondent:     World Medicine Institute
Case Number:   HPEAP 2017-2
Sanction:          $20,000 administrative/enforcement costs; $55,090 total settlement payment to two students; debt forgiveness of a promissory note; agreement not to operate or seek authorization to operate any institution of higher education.
Effective Date:  5-24-21

HPEAP alleges that the Respondent failed to maintain its accreditation in possible violation of HRS § 305J-11(a)(2) and that the U.S Department of Education took adverse action against the Respondent by denying Respondent’s re-certification to participate in Federal Financial Aid Programs in possible violation of HRS § 305J-11(a)(6).  HPEAP also alleges that the Respondent made false statements by denying that it offered an unaccredited Ph.D. program in possible violation of HRS §§ 305J-11(a)(3) and (b)(1) and that Respondent advertised and promoted its unaccredited, unauthorized Ph.D. program in possible violation of HRS §§ 305J-11(b)(1), (b)(5) and (b)(6).  HPEAP further alleges that Respondent made misrepresentations about the Ph.D. program’s accreditation status and the financial charges for the unaccredited program in possible violation of HRS § 305J-11(b)(1) and provided misleading or deceptive information to prospective students in possible violation of HRS § 305J-11(b)(6).  (Director approved Settlement Agreement.)

 

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

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Media Contact:
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Communications Officer
Department of Commerce and Consumer Affairs
Email: [email protected]
Phone: (808) 586-7582