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

Dec. 14, 2015

DCCA DISCIPLINARY ACTIONS

(Through November 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 November 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.

HAWAII MEDICAL BOARD

Respondent:        Martha M. Grout, M.D.

Case Number:     MED 2014-187-L

Sanction:             Licensee reprimanded                                                                                                     

Effective Date:     11-12-15

Respondent allegedly violated HRS § 453-8(a)(11) by being disciplined in Arizona. Respondent allegedly engaged in unprofessional conduct in Arizona by deviating from the standard of care by administering amygdalin (laetrile) to a minor patient without first ensuring that the patient had tried all forms of currently accepted allopathic medical treatment for cancer, and by failing to make sure that the use of amygdalin will not pose harm to the patient. The patient had stage III retinoblastoma treated with enucleation of the right eye. The patient allegedly died of cyanide poisoning secondary to the amygdalin given to the patient by Respondent. Respondent received a Letter of Reprimand from the Arizona Medical Board. (Board approved Settlement Agreement.)

BOARD OF PUBLIC ACCOUNTANCY

Respondent:        Earnest F.F. Ng

Case Number:     ACC 2014-17-L

Sanction:             $500 fine; Respondent agrees not to engage in any activity for which a certified public accountant’s license is required until Respondent completes continuing education as required by the Board.

Effective Date:     11-3-15

Respondent admittedly violated HRS § 466-9(b)(3) by failing to comply with the requirements for renewal of a license. Upon being audited, Respondent was unable to provide documentation of having completed the requisite continuing professional education hours. (Board approved Settlement Agreement.)

BOARD OF PSYCHOLOGY

Respondent:        Maria V.F. Achaval

Case Number:     PSY 2015-9-L

Sanction:             Licensee on probation for 3 years; $500 fine; report violations of plea agreement to the Board within 15 days of any violation

Effective Date:     11-20-15

Respondent allegedly violated HRS § 436B-16 by failing to provide written notice to the Board within 30 days of the Hawaii Circuit Court granting Respondent’s Motion for Deferred Acceptance of No Contest in State of Hawaii v. Maria F. Achaval, Case No. 1PC12-1-001931. This matter was based, in part, on overlapping time sheets related to services provided to multiple clients. Respondent has been excluded from participating in Medicare, Medicaid, and all Federal health care programs for five years. (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:        Wellpartner, Inc.

Case Number:     PHA 2015-107-L

Sanction:             $2,500 fine

Effective Date:     11-19-15

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Oregon and failing to report the action to the Hawaii Board within 30 days of the disciplinary decision. (Board approved Settlement Agreement.)

Respondent:        Stroheckers Pharmacy, Inc.

Case Number:     PHA 2015-43-L

Sanction:             $1,500 fine

Effective Date:     11-19-15

Respondent admittedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Rhode Island and failing to report the action to the Hawaii Board within 30 days of the disciplinary decision. (Board approved Settlement Agreement.)

Respondent:        Valerie N. Henckel (Hawaii Island)                                                                                

Case Number:     PHA 2012-13-L

Sanction:             $500 fine                                                                                                                                      

Effective Date:     11-19-15

Respondent allegedly violated HRS § 461-8(f) by failing to provide the Board with documentation verifying compliance with the continuing education requirement within 60 days of receiving a letter from the Board advising Respondent to do so. (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:        Brandi S. Nakai

Case Number:     REC 2015-33-L

Sanction:             $500 fine

Effective Date:     11-25-15

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 crime directly related to the qualifications, functions, or duties of a real estate licensee, in violation of HRS § 436B-19(14). On September 18, 2014, Respondent allegedly pleaded no contest to the crime of driving under the influence. (Commission approved Settlement Agreement.)

Respondent:        Gary D. Robley, aka Gary Dino Robley

Case Number:     REC 2015-141-L

Sanction:             $500 fine

Effective Date:     11-25-15

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 crime directly related to the qualifications, functions, or duties of a real estate licensee, in violation of HRS § 436B-19(14). On January 30, 2015, Respondent allegedly pleaded no contest to the crime of driving under the influence. (Commission approved Settlement Agreement.)

Respondent:        Judith Ann Pryne, dba Keale Realty

Case Number:     REC 2012-267-L

Sanction:             $1,000 fine

Effective Date:     11-25-15

The Commission found that Respondent, as the principal broker, failed to ensure that a real estate salesperson associated with Respondent was currently licensed, in violation of HRS § 467-1.6(b)(7). (Commission’s Final Order.)

CONTRACTORS LICENSE BOARD

Respondents:       Brett Hill Construction, Inc. and Brett K. Hill, RME                                                 

Case Number:     CLB 2015-209-L

Sanction:             $7,500 fine

Effective Date:     11-20-15

Respondents allegedly violated HRS § 436B-19(16) by utilizing an unlicensed person, Shannon Mitchell, dba SCM Construction, for the installation of handrail and glass flooring systems for a project located in Waikiki. (Board approved Settlement Agreement.)

Respondents:      Can Can Builders, Inc. and Michael S. Zerkle (Maui)

Case Number:     CLB 2014-317-L

Sanction:             $1,000 fine

Effective Date:     11-20-15

Respondents allegedly violated HRS § 444-25.5 and HAR § 16-77-80 by failing to include the requisite contractual provisions, including, but not limited to, bond and lien rights in its contract with the homeowner. Pursuant to HAR § 16-77-71(5), Respondent Zerkle, as the RME of Respondent Can Can Builders, Inc. was responsible for the violations allegedly  committed by Respondent Can Can Builders, Inc. (Board approved Settlement Agreement.)

Respondents:      Okada Trucking Company, Ltd. and Gavin T. Hubbard

Case Number:     CLB 2014-203-L

Sanction:             $10,000 fine

Effective Date:     11-20-15

Respondents allegedly violated HRS § 444-25.5 by failing to provide a written contract to a homeowner and HAR §§ 16-77-79 and 16-77-80 by failing to provide the requisite homeowner disclosures. Pursuant to HAR § 16-77-71, Respondent Hubbard, as the RME of Respondent Okada Trucking Company, Ltd. was responsible for the violations allegedly committed by Respondent Okada Trucking Company, Ltd. Respondents allegedly offered to demolish and reconstruct an employee’s parent’s residence for less than the cost quoted by other contractors, but Respondents did not provide a written contract prior to and during construction, and after construction was completed, Respondents presented a promissory note for substantially more than the expected cost and Respondents placed a lien on the property. (Board approved Settlement Agreement.)

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

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Department of Commerce and Consumer Affairs

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Office: (808) 587-6735

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