Hearings Office

 

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

 

DAVID Y. IGE
GOVERNOR

KEALII S. LOPEZ
DIRECTOR

 

FOR IMMEDIATE RELEASE

Date:  Nov. 11, 2014

 

 

DCCA DISCIPLINARY ACTIONS

(Through November 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 November 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.

 

 

 

BOARD OF PRIVATE DETECTIVES AND GUARDS

 

Respondent:        Alii Security Systems, Inc.

Case Number:      PDG 2014-33-L

Sanction:              Licensee reprimanded; $5,000.00 fine                                                             

Effective Date:     11-13-14

 

Respondent admittedly violated HRS §§ 463-7 and 436B-19(16) by employing persons who were not licensed.  From May of 2014 to June of 2014, several of Respondent’s employees providing guard services were not licensed.  (Board approved Settlement Agreement)

 

 

 HAWAII MEDICAL BOARD

 

Respondent:        Michael D. Massey, D.O.

Case Number:      MED 2011-118-L

Sanction:              License revoked                                                                                               

Effective Date:     11-13-14

 

The Board found that Respondent violated HRS § 453-8(a)(4) by being habituated to, dependent on or a habitual user of alcohol; HRS § 453-8(a)(11) by having  disciplinary action taken in another state for reasons provided in HRS  § 453-8 and HRS § 453-8(a)(14) by being disciplined in Alaska and failing to report it to the Boardwithin thirty (30) days of the disciplinary decision.  (Board’s Final Order after contested case hearing)

 

Respondent:        Fathalla M. Mashali, M.D.

Case Number:      MED 2014-26-L

Sanction:              License suspended for a period to run concurrent to the suspension period set forth in and/or implemented by the Rhode Island Board; fully comply with any and all terms and conditions set forth in the Rhode Island summary suspension order                                                                                              

Effective Date:     11-13-14

 

Respondent allegedly violated HRS §§ 453-8(a)(11) by having disciplinary action taken in another state for reasons provided in HRS § 453-8) and 453-8(a)(14)by being disciplined in Rhode Island and failing to report it to the Hawaii Board within thirty (30) days of the disciplinary decision.  (Board approved Settlement Agreement)

  

 

BOARD OF NURSING

 

Respondent:        Joy A. Whitcomb (Maui)

Case Number:      RNS 2010-27-L

Sanction:              License revoked; $1,000.00 fine                                                                      

Effective Date:     11-6-14

 

The Board found that Respondent violated HRS § 457-12(a)(6) by engaging in unprofessional conduct while employed at Maui Memorial Medical Center from December 2009 to January 2010.  Respondent performed unsafe or unacceptable patient care; administered medication or treatment in a careless or negligent manner; failed to take appropriate action or follow policies and procedures in the practice setting designed to safeguard the patient, and wilfully or deliberately falsified or altered a patient’s health care record.  (Board’s Final Order after contested case hearing)

 

Respondent:        Patricia A. Gild

Case Number:      RNS 2014-27-L

Sanction:              $500.00 fine                                                                                                      

Effective Date:     11-6-14

 

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

 

 

 

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS,

SURVEYORS AND LANDSCAPE ARCHITECTS

 

Respondent:        RadimBlazej

Case Number:      ENG 2013-13-L

Sanction:              $1,000.00 fine                                                                                                   

Effective Date:     11-13-14

 

Respondent allegedly violated HRS § 436B-19(2) by making untruthful or improbable statements.  Respondent allegedly renewed his license online on or about March 12, 2012 and certified that he met the continuing education requirements but had not completed the continuing education credit hours necessary to renew his Hawaii architect’s license (Board approved Settlement Agreement)

 

 Respondent:        Michele L. D’Amico

Case Number:      ENG 2014-14-L

Sanction:              $1,000.00 fine                                                                                                   

Effective Date:     11-13-14

 

Respondent allegedly violated HRS § 436B-19(6) by aiding and abetting an unlicensed person to perform work requiring a license.  Respondent allegedly worked on a project in which a person without a valid contractor’s license performed certain work for Respondent and that person’s mutual customer.  (Board approved Settlement Agreement)

 

 

REAL ESTATE COMMISSION

 

Respondents:      Jeffrey N. Samuels and Jeffrey Samuels Real Estate Services              

Case Number:      REC 2012-12-L

Sanctions:            $1,000.00 fine                                                                                                   

Effective Date:     11-26-14

 

Respondent allegedly violated HRS § 436B-19(7) by engaging in professional misconduct and HAR § 16-99-3(1) by advertising a property for sale without written authorization from the owner or seller.  Respondent allegedly listed a property for sale with the consent of only two of the three attorneys-in-fact for the property.  (Commission approved Settlement Agreement)

 

Respondent:        Keoni Smith, aka Michael Keoni Smith                                                     

Case Number:      REC 2013-188-L

Sanctions:            $500.00 fine                                                                                                      

Effective Date:     11-26-14

 

The Commission found that Respondent violated HRS § 467-7 by engaging in the practice of real estate while his license was not active.  Respondent restored his license immediately after he was notified that he had not timely renewed his license.  (Commission’s Final Order after contested case hearing)

 

Respondent:        Philip L. Lopez                                                                                             

Case Number:      REC 2011-256-L

Sanctions:            License revoked                                                                                               

Effective Date:     11-26-14

 

The Commission found that Respondent violated HRS § 467-14(1) by making one or more misrepresentations concerning one or more real estate transactions, HRS § 467-14(3) by pursuing a continued and flagrant course of misrepresentation, HRS § 467-14(7) by failing, within a reasonable time, to account for any moneys belonging to others which were in the possession or control of Respondent, 467-14(8) by engaging in conduct constituting fraudulent or dishonest dealing, HRS § 467-14(16) by converting other people’s moneys to the Respondent’s own use and HRS § 467-14(20) by failing to maintain a reputation for or record of competency, honesty, truthfulness, financial integrity and fair dealing.  Respondent pled guilty to one count of theft in the first degree and 16 counts of forgery in the second degree in the Circuit Court of the First Circuit, State of Hawaii.  As part of the Plea Agreement in the criminal case, Respondent admitted to forging rental contracts and money orders and collecting rental proceeds in excess of $20,000.00 without authorization.(Commission’s Final Order after contested case hearing)

 

 

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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