Hearings Office

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

 

NEIL ABERCROMBIE
GOVERNOR

KEALII S. LOPEZ
DIRECTOR

 

FOR IMMEDIATE RELEASE

Nov. 10, 2014

 

DCCA DISCIPLINARY ACTIONS

(Through October 2014)

 

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 October taken on individuals and entities with professional and vocational licenses in Hawai’i.  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.

 

 

REAL ESTATE APPRAISER ADVISORY PROGRAM

 

Respondent:        Igor Medo (Maui)

Case Number:      REA 2013-9-L

Sanction:              $2,500 fine                                                                                                        

Effective Date:     10-21-14

 

Respondent allegedly violated HRS § 466K-4(a) by failing to comply with USPAP which forbids unethical conduct such as non-compliance with work file record keeping and retention requirements,§ 436B-19(1) by failing to meet the conditions and requirements necessary to qualify for the granting of a license, § 436B-19(2) by making untruthful or improbable statements, HRS § 436B-19(7) by engaging in professional misconduct, HAR § 16-114-94(a)-(c) by failing to comply with records and appraisal report retention requirementsand the requirement to make records available to the licensing authority upon request, HAR § 16-114-106(1) by procuring a license or certificate through fraud, misrepresentation or deceit and HAR § 16-114-106(5) by failing to comply with USPAP.  (Director approved Settlement Agreement)

 

REAL ESTATE COMMISSION

 

Respondent:        Vinah Morales                                                                                              

Case Number:      REC 2013-89-L

Sanctions:            Voluntary revocation of license                                                                        

Effective Date:     10-24-14

 

Respondent allegedly violated HRS § 467-14(20) by failing to maintain a reputation for or record of competency, honesty, truthfulness, financial integrity and fair dealing, HRS § 436B-19(12) by failing to comply, observe, or adhere to any law in a manner such that the licensing authority deems the applicant or holder to be an unfit or improper person to hold a license, and HRS § 436B-19(14) by having a criminal conviction, whether by nolo contendere or otherwise of a penal crime directly related to the qualifications, functions or duties of the real estate profession.  (Commission approved Settlement Agreement)

 

BOARD OF PHARMACY

 

Respondent:        America’s Best Care Plus, Inc.

Case Number:      PHA 2014-15-L

Sanction:              $1,500 fine                                                                                                        

Effective Date:     10-23-14

 

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

 

 

Respondent:        William J. Mumbert aka William James Mumbert

Case Number:      PHA 2012-20-L

Sanction:              License on probation for two (2) years; $500 fine, comply with all terms of the Nevada probation and comply with all terms of the contract with the Professional Recovery Network program                                                         

Effective Date:     10-23-14

 

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Nevada and failing to report it to the Hawaii Board within thirty (30) days of the disciplinary decisions.  Respondent also allegedly violated HRS § 461-21(a)(2) by engaging in professional misconduct, gross carelessness or manifest incapacity.  (Board approved Settlement Agreement)

 

CONTRACTORS LICENSE BOARD

 

Respondents:      GC Pacific Incorporated and Gregory O. Hatcher, RME

Case Number:      CLB 2011-137-L

Sanction:              Voluntary surrender of licenses                                                                        

Effective Date:     10-24-14

 

Respondents allegedly violated HRS § 436B-19(2) by making untruthful or improbable statements, HRS §§ 436B-19(5) and 444-17(10) by procuring a license through fraud, misrepresentation or deceit, HRS § 436B-19(8) by failing to maintain a record or history of competency, trustworthiness, fair dealing and financial integrity, HRS § 436B-16 by failing to provide written notice within thirty (30) days to the Board of any judgment, award, disciplinary sanction, order or other determination which adjudges or finds the licensee civilly, criminally, or otherwise liable for any personal injury, property damage or loss caused by the licensee in the practice of contracting.   (Board approved Settlement Agreement)

 

 

Respondents:      Austin/Jones Corp. and Randall S. Austin

Case Number:      CLB 2014-117-L

Sanction:              $100,000 fine                                                                                                    

Effective Date:     10-24-14

 

Respondents allegedly violated HAR § 16-77-71(a)(4) by failing to have a responsible managing employee in residence in the State during the period a project is under construction. (Board approved Settlement Agreement)

 

 

Respondent:        Jovencio G. Corpuz, dba JC Contracting and J.C. Contractor, fka JC Gen Contractor and Jovencio Corpuz Contracting (Maui)

Case Number:      CLB 2010-463-L

Sanction:              $2,000 fine                                                                                                        

Effective Date:     10-24-14

 

Respondent allegedly violated HAR § 16-77-88 by failing to notify the Board within 10 days of a change of address, HAR  § 16-77-8(a) by failing to register a trade name with the DCCA’s Business Registration Division, HAR § 16-77-33 by performing work outside the scope of his classification and HRS § 444-25.5 and HAR § 16-77-80 by failing to provide the required homeowner disclosures.  (Board approved Settlement Agreement)

  

BOARD OF NURSING

 

Respondent:        Tiffany V. Payne, R.N.

Case Number:      RNS 2011-35-L

Sanction:              License revoked                                                                                               

Effective Date:     10-2-14

 

Respondent’s license was revoked because of her failure to comply with the terms of a settlement agreement approved by the Board on June 5, 2014 which ordered a voluntary three (3) year suspension of Respondent’s license, drug monitoring, attendance at a drug/substance abuse treatment program, pay a $1,000 fine and attend and complete continuing education course(s) on ethics and/or principles of professional conduct of registered nurses.  (Board’s Final Order)

 

BOARD OF MASSAGE THERAPY

 

Respondent:        Kari-Ann L. Moku

Case Number:      MAS 2014-14-L

Sanction:              Voluntary surrender of license                                                                          

Effective Date:     10-29-14

 

Respondent admittedly violated HRS § 452-24(a)(2) by being convicted of any crime involving moral turpitude and HRS § 452-24(a)(8) by engaging in conduct constituting fraud or dishonest dealings.  Respondent was convicted of shoplifting on Dec. 12, 2012, and solicitation to commit burglary on April 10, 2013. Both convictions occurred in Arizona.  (Board approved Settlement Agreement)

 

 

 

To obtain copies of the decisions reported in this press release without charge go to

https://cca.hawaii.gov/oah/oah_decisions/.

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