RELEASE: DCCA Disciplinary Actions (Through October 2017)
Posted on Nov 14, 2017 in News ReleasesDEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Office of Administrative Hearings
DAVID Y. IGE
GOVERNOR
CATHERINE P. AWAKUNI COLÓN
DIRECTOR
FOR IMMEDIATE RELEASE
November 13, 2017
DCCA DISCIPLINARY ACTIONS
(Through October 2017)
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 October 2017 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.
HAWAII MEDICAL BOARD
Respondent: Charles Arakaki, M.D.
Case Number: MED 2017-36-L
Sanction: Reprimand and $2,500 administrative costs
Effective Date: 10-12-17
Respondent was allegedly the subject of disciplinary action in the states of Texas and Arizona based solely upon the disciplinary action taken against Respondent by the State of Oregon which was based upon allegations that Respondent’s name was used in advertisements that stated or implied that he was practicing medicine in Oregon at a time when Respondent was not licensed to practice in Oregon, and failed to timely report the Texas and Arizona disciplinary actions to the Board, in possible violation of HRS §§ 453-8(a)(11) and 453-8(a)(14). (Board approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondent: Samuel K. Alameda, Jr. (Hilo)
Case Number: CLB 2016-467-L
Sanction: $1,000 fine
Effective Date: 10-20-17
Respondent allegedly failed to disclose that he was convicted of Assault in the 2nd Degree on or about March 19, 2010, on his Application for Contractor’s license dated February 20, 2013 and also allegedly failed to disclose that he was convicted of Driving Under the Influence of Alcohol on or about April 26, 2016 and Driving While License Suspended or Revoked on or about August 1, 2016, on his contractor’s license renewal application dated August 14, 2016, in possible violation of HRS §§ 436B-19(5) and 444-17(10). (Board approved Settlement Agreement.)
Respondent: Marc I. Labrack
Case Number: CLB 2017-124-L
Sanction: $750 fine
Effective Date: 10-20-17
On or about September 19, 2016, Respondent allegedly submitted an application for Contractor’s License wherein he answered “No” to question number 3 which asked, “In the past 2 years, have you been convicted of a crime which has not been annulled or expunged?”- when in fact Respondent had been convicted of Operating a Vehicle Under the Influence of an Intoxicant on or about March 30, 2016. Respondent also allegedly failed to notify the licensing agency of a change of address within 30 days of the change, in possible violation of HRS §§ 436B-19(5), 436B-17 and 444-17(10) and HAR § 16-77-8(a). (Board approved Settlement Agreement.)
BOARD OF NURSING
Respondent: Stefan Koehler, R.N.
Case Number: RNS 2017-44-L
Sanction: $1,500 fine
Effective Date: 10-5-17
Respondent was allegedly disciplined by the State of Alaska based on allegations Respondent failed to disclose a criminal conviction in the State of Hawaii for Driving Under the Influence of Liquor dated 7/12/2000 on an application for licensure, in possible violation of HRS §§ 457-12(a)(8) and 457-12(a)(1). (Board approved Settlement Agreement.)
BOARD OF BARBERING AND COSMETOLOGY
Respondent: Quang Minh Ngo, also dba A-1 Hairstyling & Barber Shop
Case Number: BAR 2017-182-L
Sanction: $500 fine
Effective Date: 10-16-17
Respondent allegedly allowed an unlicensed barber to perform barbering activities at A-1 Hairstyling & Barber Shop, in possible violation of HRS §§ 436B-19(6), 438-14(a)(3) and 438-14(a)(4). (Board approved Settlement Agreement.)
MOTOR VEHICLE INDUSTRY LICENSING BOARD
Respondents: Sandra G. Siracusa, dba Metro Motors and John A. Siracusa
Case Number: MVI 2014-3-L
Sanction: Voluntary surrender of license
Effective Date: 10-17-17
Respondents allegedly failed to comply with, observe, or adhere to any provisions of Chapter 437, failed to deliver the legal ownership certificate within the time specified in 286-52(b), failed to keep a record of the consignments for each motor vehicle consigned, and engaged in business under a license in a manner as to cause injury to those with whom one is dealing, in possible violation of HRS §§ 437-28(a)(2), 437-12(b), 437-16 and 437-28(a)(4). (Board approved Settlement Agreement.)
Respondent: Ausagetaliitama P. Taulau dba Cure Autoplex LLC
Case Number: MVI 2011-51-L
Sanction: $1,500 fine
Effective Date: 10-17-17
Respondent failed to notify the Board of the termination of his lease within fifteen (15) days in violation of HRS §§ 437-27(3), 437-28(a)(1) and 437-2. (Board approved Settlement Agreement.)
BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS
Respondent: Stephen D. Heath
Case Number: ENG 2017-17-L
Sanction: Voluntary surrender of license and $6,000 fine
Effective Date: 10-12-17
Respondent allowed a third party to electronically plan stamp permit applications and plans using Respondent’s professional engineer license for three (3) projects in the State of Hawaii without reviewing the permit applications or plans prior allowing the third party to electronically plan stamp those documents using Respondent’s professional engineer license in violation of HAR §§ 16-115-10(4) and 16-115-10(5). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondent: Erica L. Anderson a.k.a. Erica Anderson (Maui)
Case Number: REC 2017-325-L
Sanction: $1,000 fine
Effective Date: 10-27-17
Before being issued a license by the Real Estate Commission, Respondent was allegedly convicted of the crime of operating a vehicle under the influence of an intoxicant (“OVUII”). Despite the conviction, Respondent answered “NO” to the question on the license application form that asked: “During the past 20 years have you ever been convicted of a crime where there has not been an order annulling or expunging the conviction?”, in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(17) and 467-20. (Board approved Settlement Agreement.)
Respondent: Kevin B. Shiraki (Kona)
Case Number: REC 2017-110-L
Sanction: $1,000 fine
Effective Date: 10-27-17
In 2015, Respondent was allegedly convicted of the crime of operating a vehicle under the influence of an intoxicant (“OVUII”). Despite the conviction, Respondent answered “NO” to the question on the 2016 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), 436B-19(17) and 467-20. (Board approved Settlement Agreement.)
Respondent: Kevin B. Shiraki (Kona)
Case Number: REC 2016-100-L
Sanction: $1,000 fine
Effective Date: 10-27-17
In or around 2015, Respondent was allegedly convicted in Hawaii of the crime of operating a vehicle under the influence of an intoxicant (“OVUII”) and between 2006 to 2011, liens were filed against the Respondent by the Hawaii State Tax Department and United States IRS, in part, for work performed pursuant to the license, in possible violation of HRS §§ 436B-19(12), 436B-19(14), 436B-19(17), 467-14(20) and 467-14(13). (Board approved Settlement Agreement.)
Respondent: David Ciano
Case Number: REC 2016-296-L
Sanction: $2,000 fine
Effective Date: 10-27-17
On or about December 31, 2014, Respondent’s real estate license expired and/or was revoked, however, Respondent undertook activities requiring a real estate license between January 1, 2015 and September 29, 2016 in violation of HRS § 467-7. (Board approved Settlement Agreement.)
Respondent: Garrett R. Frakes, Carla K. Lorimor, and The Polaris Group, Inc. d.b.a.
Polaris Pacific (Maui)
Case Number: REC 2017-267-L
Sanction: $1,000 fine each Respondent, $3,000 total
Effective Date: 10-27-17
From around 1/1/17 to 7/30/17, Respondents allegedly did not have, nor did they register with the Commission, a physical place of business in the State where the principal broker or a broker in charge were present, where the firm conducted its business, and where the name of the brokerage firm and broker licenses were displayed. From 7/31/17 Respondents allegedly operated out of an office that did not have the name of the brokerage firm prominently displayed outside of or in the office space, and the licenses of the brokerage firm, the principal broker and the broker in charge were not on display in the office, in possible violation of HRS §§ 467-12(a), 467-14(13) and HAR §§ 16-99-3(m), 16-99-3(n) and 16-99-2. (Board approved Settlement Agreement.)
Respondent: Curtis Keith A. Calixtro, a.k.a. Curtis Keith Adalem Calixtro
Case Number: REC 2017-329-L
Sanction: $1,000 fine
Effective Date: 10-27-17
Before being issued a license by the Real Estate Commission, Respondent was allegedly convicted of the crime of operating a vehicle under the influence of an intoxicant (“OVUII”). Despite the conviction, Respondent answered “NO” to the question on the license application form that asked: “During the past 20 years have you ever been convicted of a crime where there has not been an order annulling or expunging the conviction?”, in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(17) and 467-20. (Board approved Settlement Agreement.)
Respondent: Edward G. Torrison a.k.a. Ed Torrison, III (Hilo)
Case Number: REC 2017-330-L
Sanction: $500 fine
Effective Date: 10-27-17
In 2016, Respondent was allegedly convicted in Hawaii of the crime of operating a vehicle under the influence of an intoxicant (“OVUII”), in possible violation of HRS §§ 436B-19(12), 436B-19(14) and 436B-19(17). (Board approved Settlement Agreement.)
Respondent: Robert P. Keane (Kauai)
Case Number: REC 2017-164-L
Sanction: $500 fine
Effective Date: 10-27-17
In 2016, Respondent was allegedly convicted in Nevada of the crime of driving under the influence of an intoxicant, in possible violation of HRS §§ 436B-19(12), 436B-19(14) and 436B-19(17). (Board approved Settlement Agreement.)
Respondent: Shawntae U. Calarruda
Case Number: REC 2017-327-L
Sanction: $1,000 fine
Effective Date: 10-27-17
Before being issued a license by the Real Estate Commission, Respondent was allegedly convicted of the crime of driving under the influence of an intoxicant. Despite the conviction, Respondent answered “NO” to the question on the license application form that asked: “During the past 20 years have you ever been convicted of a crime where there has not been an order annulling or expunging the conviction?”, in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(17) and 467-20. (Board approved Settlement Agreement.)
Copies of the decisions are available online at: https://cca.hawaii.gov/oah/oah_decisions/
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