RELEASE: DCCA Disciplinary Actions (Through May 2016)
Posted on Jun 13, 2016 in News ReleasesDEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Office of Administrative Hearings
DAVID Y. IGE
GOVERNOR
CATHERINE P. AWAKUNI COLÓN
DIRECTOR
FOR IMMEDIATE RELEASE
June 13, 2016
DCCA DISCIPLINARY ACTIONS
(Through May 2016)
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 May 2016 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.
BOARD OF PUBLIC ACCOUNTANCY
Respondent: Cliftonlarsonallen, LLP
Case Number: ACC 2016-2-L
Sanction: Pay $5,000 in costs, comply with all terms of the Illinois Order, report violations of the Illinois Order to the Hawaii Board within 30 days of Respondent being notified of a violation
Effective Date: 5-6-16
Respondent allegedly violated HRS §§ 466-9(b)(2) and 436B-19(15) by being disciplined in Illinois and failing to report the disciplinary action to the Board within 30 days after the disciplinary decision was issued. The Illinois Board’s Order was based on allegations that Respondent failed to design audit procedures for its client, the City of Dixon, Illinois, which would have detected significant financial fraud during the years 2002-2005. (Board approved Settlement Agreement.)
HAWAII MEDICAL BOARD
Respondent: Daniel C. Susott, M.D.
Case Number: MED 2014-110-L
Sanction: License revoked, $1,000 fine
Effective Date: 5-12-16
The Board found that Respondent violated HRS §§ 453-8(a)(6), 453-8(a)(7), 453-8(a)(8), 453-8(a)(11), 453-8(a)(14) and 436B-19(17) by procuring a license through fraud, misrepresentation or deceit, engaging in professional misconduct, being incompetent or engaging in multiple instances of negligence, being disciplined in California for reasons as provided in HRS § 453-8 and failing to report the California disciplinary action to the Board within 30 days after the disciplinary decision was issued. (Board’s Final Order after contested case hearing.)
Respondent: Paul M. Gahlinger, M.D.
Case Number: MED 2014-177-L
Sanction: License revoked
Effective Date: 5-12-16
The Board found that Respondent violated HRS §§ 453-8(a)(7), 453-8(a)(8), 453-8(a)(9), 453-8(a)(11), 453-8(a)(14) and 436B-19(17) by engaging in professional misconduct, being incompetent or engaging in multiple instances of negligence, being disciplined in Utah for reasons as provided in HRS § 453-8, engaging in conduct or practice contrary to the recognized standards of ethics of the medical profession, and failing to report the Utah disciplinary action to the Hawaii Board within 30 days after the disciplinary decision was issued. In the Utah Order, Respondent admitted to multiple instances of prescribing controlled substances without a valid Utah DEA registration and treating and prescribing medication to patients without a face-to-face meeting and/or video conference. (Board’s Final Order after contested case hearing.)
Respondent: Eldon G. Palmer, M.D.
Case Number: MED 2015-91-L
Sanction: Voluntary limitation of license—Respondent will not treat neonates at 25 weeks or younger gestational age and weight less than 750 grams in the State of Hawaii without supervision by another physician
Effective Date: 5-12-16
Respondent allegedly violated HRS §§ 453-8(a)(11) and 453-8(a)(14) by being disciplined by the Department of the Navy, Bureau of Medicine and Surgery and failing to report the loss of clinical privileges to the Board within 30 days after the decision was issued. The Navy Decision restricted Respondent’s neonatology clinical privileges to neonates at 25 weeks or older gestational age and weight greater than 750 grams based on Respondent’s deficits in medical knowledge in treating neonates. (Board approved Settlement Agreement.)
BOARD OF NURSING
Respondent: Soaphis R. Shabazz-Johnson, aka Soaphis Khadijah Shabazz-Johnson, aka Soaphis Khadijah Shabazz-Brown
Case Number: RNS 2014-2-L
Sanction: $500 fine
Effective Date: 5-5-16
Respondent allegedly violated HRS § 457-12(a)(11) by allegedly incorrectly answering that she had not been convicted of a crime on her application for her nursing license when she had been convicted of contempt of court in 2010. (Board approved Settlement Agreement.)
Respondent: Shawndie L.L. Gamble, L.P.N. (Hawaii Island)
Case Number: RNS 2015-75-L
Sanction: Voluntary surrender of license
Effective Date: 5-5-16
Respondent allegedly violated HRS § 457-12(a)(11) by allegedly incorrectly answering that she had not been convicted of a crime on her renewal application when she had been convicted of Operating a Vehicle While Under the Influence of an Intoxicant on October 31, 2012. Respondent also allegedly violated HRS § 457-12(a)(6) and HAR § 16-89-60(7)(D) by removing, without authorization, two (2) tablets of Tramadol and four (4) tablets of Norco for personal use and attempting to conceal these unauthorized removals by altering the narcotics sign out log. (Board approved Settlement Agreement.)
Respondent: Amy T. Marinelli, R.N.
Case Number: RNS 2016-38-L
Sanction: Licensee on probation for three (3) years, report any disciplinary actions and orders to the Board within 15 days of the issuance of the formal decision or order, pay $1,000 in administrative costs
Effective Date: 5-5-16
Respondent admittedly violated HRS § 436B-19(13) by being disciplined in Alaska. The Alaska Surrender Agreement alleged that Respondent failed to complete required continuing competency requirements, resulting in the surrender of Respondent’s license and imposing terms for renewal. (Board approved Settlement Agreement.)
Respondent: Brian A. Ben-Israel, aka Brian Amiel Ben-Israel
Case Number: RNS 2014-25-L
Sanction: Voluntary surrender of license
Effective Date: 5-5-16
Respondent allegedly violated HRS §§ 457-12(a)(6), 436B-19(8), 457-12(a)(8), 457-12(a)(10), 457-12(a)(9) and 436B-16(a). Respondent was allegedly convicted of federal crimes and was allegedly disciplined in other jurisdictions. (Board approved Settlement Agreement.)
BOARD OF DENTAL EXAMINERS
Respondent: Thomas H. Simon, D.D.S.
Case Number: DEN 2016-5-L
Sanction: Licensee on probation indefinitely, pay $1,500 in administrative costs, comply with terms of Michigan Stipulation
Effective Date: 5-16-16
Respondent admittedly violated HRS § 436B-19(13) by being disciplined in Michigan. The Michigan Stipulation was based on allegations related to standard of care. (Board approved Settlement Agreement.)
BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS
Respondent: Geoffrey S. Clifford
Case Number: ENG 2014-24-L
Sanction: $500 fine
Effective Date: 5-12-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in California and failing to report the disciplinary action within 30 days of the issuance of the order. The California Order was based on allegations that Respondent engaged in negligence in the practice of engineering by failing to properly design connections for the roofs of a garage and pool house. (Board approved Settlement Agreement.)
BOARD OF BARBERING AND COSMETOLOGY
Respondent: Dayna A. Pereles, nka Dayna A. Pontes, fka Dayna A. Apina
Case Number: BAR 2015-84-L
Sanction: $500 fine
Effective Date: 5-9-16
On May 19, 2015, Respondent allegedly violated HRS § 439-19(a)(3) by allegedly permitting unlicensed persons to perform activities which required a license. (Board approved Settlement Agreement.)
Respondent: Get Faded, LLC
Case Number: BAR 2015-58-L
Sanction: $500 fine
Effective Date: 5-9-16
On May 19, 2015, Respondent, as the beauty shop owner responsible for licensed practice allegedly violated HRS §§ 439-19(a)(3) and 439-17(d) by allegedly permitting unlicensed persons to perform activities which required a license. (Board approved Settlement Agreement.)
Respondent: Sy Duc Dang, dba Kunia Nail Center
Case Number: BAR 2012-75-L
Sanction: $1,000 fine
Effective Date: 5-9-16
Respondent admittedly violated HRS § 439-19(a)(9) by failing to disclose on his March 21, 2013 restoration application that Respondent’s beauty shop was subject to prior discipline pursuant to an October 10, 2012 Settlement Agreement and Board’s Final Order. (Board approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondents: GR Construction, Inc. and Glenn B. Ricamona
Case Number: CLB 2012-417-L
Sanction: $2,500 fine
Effective Date: 5-20-16
Respondents allegedly exhibited poor workmanship in the renovation of a residence, specifically with flooring, in violation of HAR § 16-77-97 and did not have a written contract for the renovation work in violation of HRS § 444-25.5. Respondent Ricamona, as the RME of Respondent GR Construction, Inc. is responsible for the conduct of GR Construction, Inc. pursuant to HAR § 16-77-71. (Board approved Settlement Agreement.)
Respondents: Pamalu Roofing & Raingutters, LLC and Diane N. Crisologo
Case Number: CLB 2016-14-L
Sanction: $250 fine
Effective Date: 5-20-16
Respondents admittedly violated HRS § 444-17(6) by violating state safety laws and HRS § 436B-19(15) by failing to report citations and a settlement agreement within 30 days of their issuance. On February 6, 2014, Respondent entered into a Settlement Agreement with the State of Hawaii Department of Labor and Industrial Relations’ Occupational Safety and Health Division based on citations issued on January 16, 2014 regarding allegations related to fall protection. (Board approved Settlement Agreement.)
Respondent: Reginald S. Leite, aka Reginald S. Leite, Jr., dba RSL Drywall (Hawaii Island)
Case Number: CLB 2015-240-L
Sanction: $1,000 fine
Effective Date: 5-20-16
Respondent allegedly violated HRS §§ 436B-19(5) and 444-17(10) by answering “no” to the question: “In the past 2 years, have you ever been convicted of a crime which has not been annulled or expunged?” when on January 29, 2014, Respondent pleaded no contest and was convicted of the charges of Operating a Vehicle Under the Influence of an Intoxicant and Contempt of Court. (Board approved Settlement Agreement.)
Respondents: DK Painting, Inc. and Daniel J. Kupper
Case Number: CLB 2015-304-L
Sanction: $500 fine
Effective Date: 5-20-16
Respondents allegedly violated HAR § 16-77-33 by allegedly contracting for and performing out-of-scope activity. Respondent is licensed as a C-33 painting specialty contractor but allegedly performed trimming and siding work. (Board approved Settlement Agreement.)
Respondent: Roland H. Warfel, dba All Island Plastering (Maui)
Case Number: CLB 2009-540-L
Sanction: $500 fine
Effective Date: 5-20-16
Respondent admittedly violated HRS § 444-25.5 and HAR § 16-77-80 because his contract for a homeowner project was missing required disclosures such as the date work was to commence, the number of days for completion, the percentage of work to be subcontracted, the names and license numbers of the subcontractors, the statement of risk of loss near the signatures, the Contractor Repair Act notice, and bond and lien rights disclosure. (Board approved Settlement Agreement.)
Respondent: Xiangfeng Cao, dba Hua Xia Building and Construction
Case Number: CLB 2012-244-L and CLB 2013-514-L
Sanction: $2,500 fine
Effective Date: 5-20-16
Respondent allegedly violated HRS § 444-25.5 and HAR § 16-77-80 because Respondent’s written homeowner contract form is missing items required by Hawaii law. (Board approved Settlement Agreement.)
Respondent: Delta Mechanical, Inc., aka Delta Mechanical, fka Replumb With Us, Inc.
Case Number: CLB 2014-84-L and CLB 2014-384-L
Sanction: Voluntary revocation of license
Effective Date: 5-20-16
Respondent allegedly violated HRS § 444-25.5 and HAR § 16-77-80 by failing to provide a written contract to a homeowner prior to performing cabinet installation work. Respondent also allegedly violated HRS § 444-17(9) and HAR § 16-77-33 by submitting a proposal for an air conditioning renovation on or about December 13, 2013 while Respondent did not have a RME and was not properly licensed to solicit work requiring a C-52 (air conditioning) specialty contractor’s license. (Board approved Settlement Agreement.)
Respondents: DKSL, LLC, dba Paramount Builders and Daniel Young Kim
Case Number: CLB 2015-243-L
Sanction: $5,000 fine
Effective Date: 5-20-16
Respondents allegedly violated HRS §§ 436B-19(1), 444-9, HAR §§ 16-77-71(a) and 16-77-71(a)(5) because Respondents were not licensed as contractors in the State of Hawaii from on or about October 1, 2014 to on or about July 6, 2015. (Board approved Settlement Agreement.)
Respondents: Alternate Energy, Inc. and Bruce K. Ekimura
Case Number: CLB 2015-279-L
Sanction: $38,000 fine
Effective Date: 5-20-16
Respondent allegedly violated HRS § 444-17(2) by misrepresenting information relating to requirements for connecting photo voltaic systems. (Board approved Settlement Agreement.)
BOARD OF PSYCHOLOGY
Respondent: C.P. Kelly Bass (Maui)
Case Number: PSY 2012-5-L
Sanction: Licensee reprimanded, will attend and complete a continuing education course(s) on ethics and/or principles of professional conduct of psychologists acceptable to the Board
Effective Date: 4-15-16
Respondent allegedly violated HRS § 465-13(a)(1) by allegedly engaging in professional misconduct. Respondent allegedly used expletives and harsh language while treating a patient. (Board approved Settlement Agreement.)
MOTOR VEHICLE REPAIR INDUSTRY BOARD
Respondent: Charles H. Garner
Case Number: ARP 2010-38-L
Sanction: $2,000 fine
Effective Date: 5-19-16
Respondent allegedly submitted certificates of inspection for salvage vehicles to the Department of Motor Vehicles, City and County of Honolulu certifying that Respondent had completed repairs to the subject vehicles to the manufacturer’s specifications when Respondent allegedly did not complete the repairs, and the repairs were completed by others. (Board approved Settlement Agreement.)
Respondents: William A. Swider and Auto Parts Sales, LLC, dba TDK Repairs
Case Number: ARP 2010-40-L
Sanction: $2,000 fine
Effective Date: 5-19-16
Respondents allegedly submitted certificates of inspection for salvage vehicles to the Department of Motor Vehicles, City and County of Honolulu certifying that Respondents had completed repairs to the subject vehicles to the manufacturer’s specifications when Respondent allegedly did not complete the repairs and the repairs, were completed by others. (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondent: Annalies J. Aragon
Case Number: REC 2013-251-L
Sanction: Voluntary revocation of license
Effective Date: 5-27-16
Respondent allegedly violated HRS § 467-20 by filing a false statement with the Commission. Respondent allegedly falsely answered questions regarding prior convictions on her license application in 2003 and on her renewal application in 2012. (Commission approved Settlement Agreement.)
Respondent: Kristin R. Sharp (Hawaii Island)
Case Number: REC 2015-271-L
Sanction: $2,500 fine, report Settlement Agreement to Respondent’s broker, comply with terms of November 13, 2015 Judgment, notify Commission of any violations of the terms of the Settlement Agreement in writing within 5 days of the violation
Effective Date: 5-27-16
Respondent allegedly failed to adhere to a law in a manner 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). On November 13, 2015, Respondent pleaded guilty and was convicted of one misdemeanor count of assault in United States v. Sharp, Criminal No. CR11-00773-001. The conviction arose from an incident which took place on September 24, 2015 on Allegiant Airlines when Respondent knowingly and intentionally assaulted a flight attendant by striking him in the back with a half-filled can of soda.
Respondent: Christopher Beck
Case Number: REC 2013-187-L
Sanction: $1,000 fine
Effective Date: 5-27-16
Respondent admittedly violated HRS § 467-7 by engaging in the practice of real estate while his license was not active. (Commission approved Settlement Agreement.)
Respondent: Kim M. Asuncion
Case Number: REC 2008-72-L
Sanction: Voluntary revocation of license
Effective Date: 5-27-16
Respondent allegedly violated HRS §§ 467-1, 467-14(6), 467-14(8), 467-14(13), 467-14(20), 436B-19(6), 436B-19(7), 436B-19(8), 436B-19(16), HAR §§ 16-99-3(b), 16-99-4(a), 16-99-4(d), 16-99-4(g) and 16-99-4(i). From 2005 to 2006, Respondent allegedly engaged in real estate activity with and through an unlicensed real estate entity when she was not yet licensed to engage in real estate activity. Respondent also allegedly received and/or handled and/or disbursed trust funds such as rents and security deposits without being licensed as a broker and without being designated as a principal broker of a licensed brokerage firm. Respondent also allegedly received and/or handled and/or disbursed trust funds such as rents or security deposits outside of escrow and outside of a licensed brokerage firm’s designated client trust account. In 2009-2010 Respondent allegedly continued to engage in unauthorized and unlicensed property management activities. (Commission approved Settlement Agreement.)
Respondent: Albert L. Joy
Case Number: REC 2012-91-L
Sanction: $3,000 fine, license suspended for at least 6 months, comply with terms of federal probation, report changes in federal probation and any new convictions or disciplinary actions to the Commission within 30 calendar days of any change, conviction or disciplinary action
Effective Date: 5-27-16
The Commission found that Respondent failed to maintain a reputation for or record of competency, honesty, truthfulness, financial integrity and fair dealing in violation of HRS § 467-14(20), failed to comply, observe, or adhere to any law in such a manner that the Commission deemed the Respondent to be an unfit or improper person to hold a license in violation of HRS § 436B-19(12), and was convicted of a penal crime directly related to the qualifications, functions or duties of a real estate licensee in violation of HRS § 436B-19(14). Respondent agreed to and pleaded guilty to one count of wire fraud and one count of filing a false tax return. (Commission’s Final Order after contested case hearing.)
BOARD OF PHARMACY
Respondent: Park Irmat Drug Corporation
Case Number: PHA 2016-8-L
Sanction: Licensee on probation for 2 years, $3,500 fine
Effective Date: 4-28-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Louisiana and failing to report the disciplinary action within 30 days of the issuance of the order. The Louisiana Order was based on allegations that Respondent failed to disclose that it provided non-sterile compounding services on an application submitted in that state. (Board approved Settlement Agreement.)
Respondent: Contract Pharmacy Services, Inc.
Case Number: PHA 2016-42-L
Sanction: Pay $500 in administrative costs
Effective Date: 5-26-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Alabama and failing to report the disciplinary action within 30 days of the issuance of the order. The Alabama Order was based on allegations that Respondent engaged in the sale or dispensing of drugs without a current permit. (Board approved Settlement Agreement.)
Respondent: Paul S. Thresten
Case Number: PHA 2016-56-L
Sanction: $500 fine
Effective Date: 5-26-16
Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Kentucky and failing to report the disciplinary action within 30 days of the issuance of the order. The Kentucky Order was based on Respondent completing 2 hours of 15 required continuing education hours before January 1, 2015, in violation of Kentucky law. (Board approved Settlement Agreement.)
Copies of the decisions are available online at: cca.hawaii.gov/oah/oah_decisions/.
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