RELEASE: DCCA DISCIPLINARY ACTIONS (THROUGH DECEMBER 2019)

Posted on Jan 16, 2020 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
January 16, 2020

DCCA DISCIPLINARY ACTIONS

(Through December 2019)

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 December 2019 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.

PEST CONTROL BOARD

Respondents:      The Terminix International Company Limited Partnership and Kevin M. Mulcahy

Case Number:     PCO 2018-7-L

Sanction:             $55,000 fine                                                                                                                     

Effective Date:     11-25-19

RICO alleges that on or about March 13, 2018, TERMINIX and the United States Environmental Protection Agency entered into a Consent Agreement and Final Order concerning alleged violations by TERMINIX of federal law relating to the use of pesticides and maintenance of records, in possible violation of HAR § 16-94-66.  (Board approved Settlement Agreement.)

 

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND

LANDSCAPE ARCHITECTS

Respondent:        Daniel T. Goto

Case Number:     ENG 2019-5-L

Sanction:             License revocation                                                                                                           

Effective Date:     12-12-19

The Board adopted the Hearings Officer’s findings of fact, conclusions of law, and recommended order filed November 15, 2019, and found and concluded that Respondent violated HRS §§ 436B-19(1), (2) and (17) and 464-9(d).  (Board’s Final Order after contested case hearing.)

 

HAWAII MEDICAL BOARD

Respondent:        Mark D. Lipetz, M.D. (Maui)

Case Number:     MED 2018-108-L

Sanction:             Voluntary surrender of license and agreement to cease practicing medicine in Hawaii and not to seek reinstatement or restoration of license or new license                                 

Effective Date:     12-12-19

On or about July 22, 2019, Respondent entered into a plea agreement with the United States of America in USA v Lipetz, Criminal No. 19-00097 LEK, wherein Respondent pleaded guilty to one count of healthcare fraud in violation of 18 United States Code (“U.S.C.”) § 1347(a)(1), one count of acquiring or obtaining a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge in violation of 21 U.S.C. § 843(a)(3) and one count of health care fraud in violation of 18 U.S.C. § 1347(a)(2).  (Board approved Settlement Agreement.)

 

Respondent:        Carmen A. Puliafito, M.D.

Case Number:     MED 2017-200-L

Sanction:             Voluntary surrender of license                                                                                         

Effective Date:     12-12-19

RICO alleges that Respondent’s license to practice medicine was revoked by the Medical Board of California effective August 17, 2018 and suspended by the Florida Board of Medicine on December 20, 2018, in possible violation of HRS §§ 436B-19(13) and 453-8(11).  (Board approved Settlement Agreement.)

 

Respondent:        Shannon M. Price, D.O. (Hawaii)

Case Number:     MED 2017-30-L

Sanction:             Reprimand and $500 fine                                                                                                

Effective Date:     12-12-19

RICO alleges that Respondent caused a disturbance while receiving treatment as a patient at Kona Community Hospital, in possible violation of HRS §§ 453-8(a) (7) and 453-8(a)(9).  (Board approved Settlement Agreement.)

 

BOARD OF BARBERING AND COSMETOLOGY

Respondent:        Gerlyn L. Smith, fka Gerilynne L. Smith, aka Gerlyn Louise Aragon Smith

Case Number:     BAR 2019-39-L

Sanction:             $250 fine                                                                                                                          

Effective Date:     12-16-19

RICO alleges that Respondent submitted multiple applications to the Board using her alias first name, “Gerilynn” and/or “Gerilynne,” in lieu of her legal first name “Gerlyn,” in possible violation of HRS § 438-14(a)(9).  (Board approved Settlement Agreement.)

 

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:        Waipahu Auto Sales Limited Liability Company dba Shaka Boyz Auto Sales

Case Number:     MVI 2014-18-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     12-17-19

RICO alleges that in December of 2013, Respondent allowed a salesperson to engage in car sales activity without licensing the salesperson with the dealership, in possible violation of HRS §§ 437-28(a)(2) and (15).  RICO also alleges that Respondent did not possess legal ownership of the vehicle at the time of the transaction, in possible violation of HRS § 437-12(b).  RICO also alleges that Respondent failed to include the requisite “door-to-door” disclaimer language or the “as is” disclaimer language on a contract used in a transaction in December of 2013 and that Respondent improperly charged a Sales Tax and Transfer Fee in this same transaction, in possible violation of HRS §§ 437-28(a)(3), (13) and (17)(F) and HAR § 16-86-19(3).  (Board approved Settlement Agreement.)

 

Respondent:        Waipahu Auto Sales Limited Liability Company dba Shaka Boyz Auto Sales

Case Number:     MVI 2015-28-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     12-17-19

RICO alleges that Respondent’s sales agreement did not include the requisite “door-to-door” disclaimer language or the “as is” disclaimer language on a contract used in a transaction in May of 2014 and that Respondent improperly charged a Sales Tax and a Transfer Fee in this same transaction, in possible violation of HRS §§ 437-28(a)(3), (13) and (17)(F) and HAR § 16-86-19(3).  (Board approved Settlement Agreement.)

 

Respondents:      Terry A. Martinez, Johnny H. Martinez and South Maui Motors, Inc.

Case Number:     MVI 2017-57-L and 2018-26-L

Sanction:             Voluntary surrender of license                                                                                         

Effective Date:     12-17-19

On or about September 17, 2019, RICO filed a Petition for Disciplinary Action alleging that Respondent Johnny H. Martinez violated, in part, the following statutes and/or rules: HRS §§ 437-12(a) and (b), 437-28(a)(2), (3), (4), (5) and (11), 436B-19(2), (7), (8), (11), (12) and (17).  Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Stephanie L. Regucera

Case Number:     REC 2019-164-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     12-20-19

RICO alleges that on or about April 17, 2017, Respondent was convicted in the State of Hawaii of the crime of Operating a Vehicle Under the Influence of an Intoxicant.  Despite the conviction, Respondent allegedly answered “No” to the question on her November 17, 2018 real estate salesperson license 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), (5) and (17) and 467-20.  (Commission approved Settlement Agreement.)

 

Respondent:        Leeann Starinieri (Kauai)

Case Number:     REC 2019-162-L

Sanction:             $750 fine                                                                                                                          

Effective Date:     12-20-19

RICO alleges that on or about November 21, 2017, Respondent was convicted in the State of Hawaii of the petty misdemeanor offense of Inattention to Driving.  Despite the conviction, Respondent allegedly answered “No” to the question on her November 1, 2018 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 § 467-20.  (Commission approved Settlement Agreement.)

 

Respondent:        Benjamin F. Chapman, III

Case Number:     REC 2019-165-L

Sanction:             Public reprimand and $1,500 fine                                                                                   

Effective Date:     12-20-19

RICO alleges that on or about June 9, 2002, Respondent was convicted of the offense of Driving Under the Influence of an Intoxicant, a petty misdemeanor.  Despite the conviction, Respondent allegedly answered “No” to the question on his September 4, 2004 real estate salesperson application that asked: “During the past 20 years have you ever been convicted of a crime where there has not been an order annulling tor expunging the conviction?”  RICO also alleges that on or about January 21, 2005, Respondent was convicted of the offense of Driving Under the Influence of an Intoxicant, a petty misdemeanor.  Despite the conviction, Respondent allegedly answered “No” to the question on his October 17, 2016 real estate salesperson application that asked: “During the past 20 years have you been convicted of a crime where there has not been an order annulling or expunging the conviction?” in possible violation of HRS § 467-20.  (Commission approved Settlement Agreement.)

 

COLLECTION AGENCY PROGRAM

Respondent:        Midland Credit Management, Inc.

Case Number:     COL 2019-3-L

Sanction:             $500 administrative assessment                                                                                     

Effective Date:     12-23-19

RICO alleges that Respondent is in violation of HRS § 436B-19(13) as the result of a Stipulation and Final Agency Order against Respondent which was approved by the Administrator of the Colorado Fair Debt Collection Practices Act on or about September 20, 2017.  RICO further alleges that Respondent failed to timely report that it had been disciplined by the State of Tennessee for disclosing debt information to a third party, in possible violation of HRS §§ 436B-19(15) and 443B-4.57(1).  (Director approved Settlement Agreement.)

 

Respondent:        Midland Funding NCC-2 Corporation

Case Number:     COL 2019-4-L

Sanction:             $500 administrative assessment                                                                                     

Effective Date:     12-23-19

RICO alleges that Respondent is in violation of HRS § 436B-19(13) as the result of a Stipulation and Final Agency Order against Respondent which was approved by the Administrator of the Colorado Fair Debt Collection Practices Act on or about September 20, 2017.  (Director approved Settlement Agreement.)

 

Respondent:        Midland Funding LLC

Case Number:     COL 2019-5-L

Sanction:             $500 administrative assessment                                                                                     

Effective Date:     12-23-19

RICO alleges that Respondent is in violation of HRS § 436B-19(13) as the result of a Stipulation and Final Agency Order against Respondent which was approved by the Administrator of the Colorado Fair Debt Collection Practices Act on or about September 20, 2017.  (Director approved Settlement Agreement.)

 

Respondent:        MRC Receivables Corporation

Case Number:     COL 2019-6-L

Sanction:             $500 administrative assessment                                                                                     

Effective Date:     12-23-19

RICO alleges that Respondent is in violation of HRS § 436B-19(13) as the result of a Stipulation and Final Agency Order against Respondent which was approved by the Administrator of the Colorado Fair Debt Collection Practices Act on or about September 20, 2017.  (Director approved Settlement Agreement.)

 

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

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Media Contact:

William Nhieu

Communications Officer

Department of Commerce and Consumer Affairs

Email: [email protected]

Office: (808) 586-7582

Cell: (808) 389-2788