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
May 15, 2018

DCCA DISCIPLINARY ACTIONS

(Through April 2018)

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 April 2018 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 LICENSING BOARD

Respondents:      Pete’s Plumbing, Inc. and Louis E. Jones (Hawaii)

Case Number:     CLB 2015-278-L

Sanction:             $2,500 fine                                                                                                                       

Effective Date:     4-20-18

Respondents’ contract to perform plumbing work at a property in Kamuela, Hawaii, in 2014, allegedly did not include the required information, in possible violation HRS § 444-25.5 and HAR  §§ 16-77-71(a)(5) and 16-77-80.  (Board approved Settlement Agreement.)

 

Respondents:      S & M Welding Company, Ltd. and Daniel P. Woo

Case Number:     CLB 2017-435-L

Sanction:             Voluntary revocation of licenses                                                                                     

Effective Date:     4-20-18

Respondents allegedly entered into a written contract and were paid a down payment, but failed to perform any work except to provide shop drawings and have not reimbursed the down payment amount; and Respondents are allegedly subject to various federal and state tax liens from 2015, 2016, 2017 and 2018 that remain unpaid and outstanding, in possible violation HRS §§ 436B-19(8), 444-17(11) and 444-17(12).  (Board approved Settlement Agreement.)

 

Respondents:      Shioi Construction, Inc. dba Creative Partition Systems and Conrad H. Murashige

Case Number:     CLB 2015-308-L

Sanction:             $5,000 fine                                                                                                                       

Effective Date:     4-20-18

Respondents allegedly entered into a contract with a subcontractor whose license was expired, in possible violation HRS § 444-17(17).  (Board approved Settlement Agreement.)

 

BOARD OF ELECTRICIANS AND PLUMBERS

Respondent:        Arnold Z. Matsuda (Hawaii)

Case Number:     ENP 2017-14-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     4-10-18

On or about March 23, 2001, Respondent was allegedly convicted of the petty misdemeanor offense of Driving Under the Influence of an Intoxicating Liquid.  Despite the conviction, Respondent answered “no” to a question on his February 23, 2007 license application for a Supervising Electrician that asked: “In the past 20 years, have you been convicted of a crime in which the conviction has not been annulled or expunged?”  And on July 16, 2014, Respondent was allegedly convicted of the petty misdemeanor offense of Operating a Vehicle Under the Influence of an Intoxicant.  Despite the conviction, Respondent answered “no” to a question on his June 6, 2017 electronic renewal application that asked: “In the past 3 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS § 448E-10(1).  (Board approved Settlement Agreement.)

 

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:        Auto Mart USA, LLC

Case Number:     MVI 2016-058-L

Sanction:             License revocation, $2,000 fine and pay $2,000 restitution                                           

Effective Date:     4-17-18

The Board found that Respondent received payment for a motor vehicle service contract, but failed to arrange for the contract and only made partial refunds to the customer, in violation of HRS §§ 437-28(a)(5), 437-28(a)(11), 436B-19(8) and 436B-19(17).  (Board’s Final Order after contested case hearing.)

 

BOARD OF NURSING

Respondent:        Rosy E. Thomas, R.N.

Case Number:     RNS 2015-65-L

Sanction:             License revocation                                                                                                           

Effective Date:     4-5-18

The Board found that Respondent was incompetent by reason of negligence in violation of HRS § 457-12(a)(3) and engaged in unprofessional conduct in violation of HRS § 457-12(a)(6).  (Board’s Final Order after contested case hearing.)

 

Respondent:        Shirley A. Lyn, R.N.

Case Number:     RNS 2015-84-L

Sanction:             License revocation                                                                                                           

Effective Date:     4-5-18

The Board found that Respondent violated HRS §§ 457-12(a)(8), 457-12(a)(10), 436B-19(13) and 436B-19(15) as Respondent had been found in violation of practicing nursing in North Dakota without being licensed, and Respondent had failed to report the North Dakota disciplinary action to the Board in a timely manner.  (Board’s Final Order after contested case hearing.)

 

BOARD OF PHARMACY

Respondent:        Apothecure, Inc.

Case Number:     PHA 2014-12-L

Sanction:             Miscellaneous permit revocation                                                                                     

Effective Date:     4-19-18

 

The Board found that Respondent’s Texas pharmacy license was disciplined in Texas for numerous compounding violations and Respondent failed to report the Texas Order to the Board within 30 days of entry, in violation of HRS § 436B-19 (13), (15) and (17); and violated HRS §§ 461-21 (2) and (6) for engaging in professional misconduct, gross carelessness, or manifest incapacity; and for violation of any state or federal drug, controlled substance, or poison law.  (Board’s Final Order after contested case hearing.)

 

REAL ESTATE COMMISSION

Respondent:        Jared C. Gates (Hawaii)

Case Number:     REC 2017-413-L

Sanction:             $2,500 fine                                                                                                                       

Effective Date:     4-27-18

On or about April 19, 2005, Respondent answered “yes” in his response to the question, “In the past 20 years have you ever been convicted of a crime that has not been annulled or expunged?” on his initial real estate salesperson application.  In the explanation for the affirmative answer above, Respondent disclosed 1993 convictions of Burglary in the Second Degree and Criminal Property Damage in the Second Degree.  Respondent allegedly did not disclose that on or about August 15, 1996, Respondent was convicted of Driving Under the Influence of an Intoxicating Liquor.  And on February 12, 2008, Respondent was allegedly convicted of Driving Under the Influence of an Intoxicant. Despite the conviction, Respondent answered “No” to question 3 on his December 3, 2008 renewal application that asked: “In the past 2 years have you ever been convicted of a crime that has not been annulled or expunged?” in possible violation of HRS §§ 436B-19(2), 436B-19(5) and 467-20.  (Commission approved Settlement Agreement.)

 

Respondent:        Anthony Bartlett (Kauai)

Case Number:     REC 2017-370-L

Sanction:             $750 fine                                                                                                                          

Effective Date:     4-27-18

On or about February 2014, Respondent was allegedly convicted of Operating a Vehicle Under the Influence of an Intoxicant. Despite the conviction, Respondent answered “No” to the question on his 2014 renewal application that 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(2), 436B-19(5) and 467-20.  (Commission approved Settlement Agreement.)

 

Respondent:        Phillip C. Burchett (Kauai)

Case Number:     REC 2017-367-L

Sanction:             Voluntary surrender of license                                                                                         

Effective Date:     4-27-18

On or about December 28, 2005, Respondent was convicted of Operating a Vehicle Under the Influence of an Intoxicant.  Despite the conviction, Respondent answered “No” to question number 2 on his initial application for Real Estate Salesperson’s license dated June 20, 2012 which asked: “In the past 20 years have you been convicted of a crime where there has not been an order annulling or expunging the conviction?”, in violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(14) and 436B-19(17).  (Commission approved Settlement Agreement.)

 

TRAVEL AGENCY PROGRAM

Respondent:        Abee’s, Inc.

Case Numbers:   TAR 2017-34-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     4-16-18

Respondent allegedly failed to provide evidence of the establishment of a client trust account or to notify the department of the name of the financial institution at which the client trust account is held or any changes in the account number or location within three business days of any change, in possible violation of HRS § 468L-7.5(3).  (Director approved Settlement Agreement.)

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

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Department of Commerce and Consumer Affairs
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