RELEASE: DCCA DISCIPLINARY ACTIONS (Through August 2019)
Posted on Oct 4, 2019 in News ReleasesDEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Office of Administrative Hearings
DAVID Y. IGE
GOVERNOR
CATHERINE P. AWAKUNI COLÓN
DIRECTOR
FOR IMMEDIATE RELEASE
October 4, 2019
DCCA DISCIPLINARY ACTIONS
(Through August 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 August 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.
BOARD OF NURSING
Respondent: Jessica M. Fackender, R.N.
Case Number: RNS 2017-65-L
Sanction: $2,000 fine
Effective Date: 8-1-19
RICO alleges that Respondent failed to report the voluntary relinquishment of her Certificate to practice as a Certified Nursing Assistant in the State of Florida on her initial application for licensure in the State of Hawaii. RICO also alleges that Respondent failed to report the denials of her license applications in Arizona, California, and Washington to the Board within thirty (30) days of the disciplinary actions becoming final, in possible violation of HRS §§ 457-12(a)(8) and 457-12(a)(10). (Board approved Settlement Agreement.)
BOARD OF PHARMACY
Respondent: Benecard Central Fill of PA, LLC
Case Number: PHA 2018-53-L
Sanction: $500 fine
Effective Date: 8-15-19
RICO alleges that disciplinary action was taken against Respondent by the State of Louisiana, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondent: Charles E. Brokenshire (Hawaii)
Case Numbers: CLB 2019-75-L
Sanction: $500 fine
Effective Date: 8-15-19
RICO alleges that on or about September 7, 2010, Respondent was convicted of Driving Under the Influence of an Intoxicant under case number 3DTA-10-01791. Despite the conviction, Respondent allegedly answered “No” to question number 3 on his PVL Renewal Application for his Contractor’s License which was received on September 18, 2010 which asked: “In the past two years have you been convicted of a crime which has not been annulled or expunged?”, in possible violation of HRS §§ 444-17(10) and 436B-19(5). (Board approved Settlement Agreement.)
Respondent: Daniel Young Kim
Case Numbers: CLB 2015-388-L
Sanction: $5,000 fine
Effective Date: 8-15-19
RICO alleges that in December of 2015, Respondent aided and abetted an unlicensed contractor by allowing the unlicensed contractor to perform carpentry and drywall work on the residence in exchange for compensation, in possible violation of HRS §§ 444-9.3 and 444-17(17). (Board approved Settlement Agreement.)
BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS
Respondent: Kanji Kobayashi
Case Number: ENG 2019-7-L
Sanction: Voluntary surrender of license
Effective Date: 8-8-19
RICO alleges that Respondent failed to complete the required 16 Continuing Education credit hours during the May 1, 2016 and April 30, 2018 licensing period as required by HRS § 464-9(d), in possible violation of HRS §§ 436B-13 and 464-9(d). (Board approved Settlement Agreement.)
BOARD OF MASSAGE THERAPY
Respondent: Shuqing W. Camacho
Case Number: MAS 2019-50-L
Sanction: $500 fine
Effective Date: 8-7-19
RICO alleges that on or about April 12, 2019, RICO investigators conducted a site inspection at Fire Palace Inc. dba Massage Palace where Respondent is the principal massage therapist, and observed that an unlicensed massage therapist was engaging in massage therapy activity, in possible violation of HRS §§ 436B-19(6) and 452-24(a)(6) and HAR § 16-84-11(b). (Board approved Settlement Agreement.)
Respondent: Fire Palace Inc. dba Massage Palace
Case Number: MAS 2019-50-L
Sanction: $500 fine
Effective Date: 8-7-19
RICO alleges that on or about April 12, 2019, RICO investigators conducted a site inspection at Respondent’s massage establishment and observed that an unlicensed massage therapist was engaging in massage therapy activity, in possible violation of HRS §§ 436B-19(6) and 452-24(a)(6) and HAR § 16-84-11(b). (Board approved Settlement Agreement.)
BOARD OF BARBERING AND COSMETOLOGY
Respondents: T’s Hair & Nail Salon LLC and Tuoi Thi Pham
Case Number: BAR 2019-49-L
Sanction: $1,000 fine
Effective Date: 8-26-19
RICO alleges that on or about May 9, 2019, Respondents permitted unlicensed persons to perform beauty operator activities in Respondents’ salon without the required beauty operator licenses, in possible violation of HRS §§ 436B-19(a)(3) and 436B-19(6). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondent: Sarah J. Welton
Case Number: REC 2017-118-L
Sanction: License revocation
Effective Date: 8-23-19
The Commission found that Respondent violated HRS §§ 436B-19(5), 436B-19(17) and 467-20. (Commission’s Final Order after contested case hearing.)
Respondent: Victoria M. Isagawa, fka Victoria Madriaga
Case Number: REC 2017-21-L
Sanction: Voluntary license suspension 2 years and complete education course(s)
Effective Date: 8-23-19
RICO alleges that Respondent altered a cleaning company’s written estimate to look like an actual invoice for cleaning services in order to justify a $300.00 deduction from tenant’s security deposit, in possible violation of HRS §§ 436B-19(7) and (12), and 467-14(1), (8), (13), (16), (18) and (20) and HAR §§ 16-99-3(b) and (v). (Commission approved Settlement Agreement.)
Respondents: Wayne Nakamoto and Nakamoto Realty, LLC
Case Number: REC 2017-21-L
Sanction: $7,500 fine
Effective Date: 8-23-19
RICO alleges that Respondents’ employee, Victoria M. Isagawa, fka Victoria Madriaga, altered a cleaning company’s written estimate to look like an actual invoice for cleaning services in order to justify a $300.00 deduction from tenant’s security deposit, in possible violation of HRS §§ 436B-16(a), 436B-19(7) and (12) and 467-14(1), (8), (13), (16), (18) and (20) and HAR §§ 16-99-3(b) and (v). (Commission approved Settlement Agreement.)
Respondents: HK Realty, LLC, dba Hono Kai Realty and James Gaffney (Maui)
Case Number: REC 2018-357-L
Sanction: $2,000 fine, restitution and automatic revocation of licenses upon Respondents’ failure to comply with the Settlement Agreement
Effective Date: 8-23-19
RICO alleges that Respondents deducted commissions for vacation rental bookings that had been cancelled and refunded; failed to provide accurate and/or complete accounting records and/or rental agreements to owner or his subsequent property manager; failed to inform owner of a tenant dispute and failed to request owner’s permission to arbitrate the dispute and incur arbitration fees on owner’s behalf, in possible violation of HRS §§ 436B-19(7), (8) and (9) and 467-14(7), (8), (13), (16) and (20) and HAR 16-99-3(f), (h) and (v). (Commission approved Settlement Agreement.)
Respondents: Shellie Ann Ui Grace, aka Shellie A. Fujihara, and Elite Property Management Services, LLC (Hawaii)
Case Number: REC 2014-235-L + 9 other cases
Sanction: Voluntary surrender of licenses and agreement not to seek reinstatement or restoration of licenses or new licenses
Effective Date: 8-23-19
RICO alleges that Respondents: between February 2, 2010 and January 12, 2015, in the practice of their profession as real estate licensees, failed to account for client funds, failed to refund money to clients, failed to disclose pertinent information, and misrepresented to clients that general excise taxes had been paid; failed to report a criminal judgment to the Commission; and failed to report a civil judgment to the Commission, in possible violation of HRS §§ 467-14(7), (8), (13), (15), (16) and (20), HAR §§ 16-99-3(b), (h) and (v), HRS §§ 436B-16(a) and 436B-19(7), (8), (9), (11), (12), (14) and (17). (Commission approved Settlement Agreement.)
Respondent: Andrew F. Bouthillier (Maui)
Case Number: REC 2019-26-L
Sanction: $1,500 fine and public reprimand of license
Effective Date: 8-23-19
RICO alleges that on or about April 16, 2002, Respondent was convicted of Negligent Homicide in the Third Degree. Despite the conviction, Respondent allegedly answered “No” to question number 1 on his restoration application dated August 22, 2003 which asked: “Since the date that your Hawaii real estate license was originally issued, have you been convicted of a crime in which the conviction has not been annulled or expunged?” RICO also alleges that on or about April 13, 2018, Respondent was convicted of Operating a Vehicle Under the Influence of an Intoxicant and Driving Without a License. Despite these convictions, Respondent allegedly answered “No” to question number 3 on his renewal application dated November 27, 2018 which asked: “In the past 2 years have you been convicted of a crime that has not been annulled or expunged?”, all in possible violation of HRS §§ 436B-19(2), 436B-19(5) and 467-20. (Commission approved Settlement Agreement.)
Respondent: Jodi S.S. Talaro fka Jodi S. Sumiki (Hawaii)
Case Number: REC 2019-10-L
Sanction: $500 fine
Effective Date: 8-23-19
RICO alleges that in December 2018, Respondent self-reported that she had been convicted of Operating a Vehicle Under the Influence of an Intoxicant on May 30, 2018, in possible violation of HRS § 436B-19(14). (Commission approved Settlement Agreement.)
Respondent: Herbert S. Aust (Maui)
Case Number: REC 2017-365-L
Sanction: $1,000 fine
Effective Date: 8-23-19
RICO alleges that before being issued a license by the Commission, Respondent was convicted of the crime of Operating a Vehicle Under the Influence of an Intoxicant. Despite the conviction, Respondent allegedly 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. (Commission approved Settlement Agreement.)
Respondent: Altagracia R. Watson aka Altagracia R.E. Sanchez aka Grace Watson (Hawaii)
Case Number: REC 2019-25-L
Sanction: $2,000 fine
Effective Date: 8-23-19
RICO alleges that Respondent was convicted of Failure to Appear on January 23, 2008, Driving Without a Valid Driver’s License on March 18, 2010 and three (3) counts of Contempt of Court on July 17, 2012. Despite the convictions, Respondent allegedly answered “No” to the questions on his Application for License (Real Estate Salesperson) dated August 22, 2003 and Application for License (Real Estate Broker) dated July 23, 2017 which 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?” RICO also alleges that a default judgment for $2,670.34 was entered against Respondent on September 20, 2010. Despite this default judgment, Respondent allegedly answered “No” to the questions on his Application for License (Real Estate Salesperson) dated August 22, 2003 and Application for License (Real Estate Broker) dated July 23, 2017 which asked: “Are there any pending lawsuits, unpaid judgments, outstanding tax obligations, or any other type of involuntary liens against you?” RICO also alleges that on or about August 9, 2018, Respondent was convicted of Failure to Appear and Driving Without a Valid Driver’s License. Despite these convictions, Respondent allegedly answered “No” to the question on his renewal application dated November 30, 2018 which asked: “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, all in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(17) and 467-20. (Commission approved Settlement Agreement.)
Respondent: Marifrances Krstic
Case Number: REC 2018-262-L
Sanction: $1,500 fine
Effective Date: 8-23-19
RICO alleges that the real estate salesperson license of Marty Sanders expired on January 1, 2017 and was not restored until April 3, 2018. During this time period, Mr. Sanders engaged in real estate transactions through Brandongrey, Inc., for which Respondent is the Principal Broker, in possible violation of HRS § 467-1.6(b)(7). (Commission approved Settlement Agreement.)
Respondent: Kevin Y. Yu
Case Number: REC 2019-91-L
Sanction: $1,000 fine
Effective Date: 8-23-19
RICO alleges that in January 2019, Respondent self-reported to the Commission that he had been convicted of Operating a Vehicle Under the Influence of an Intoxicant, in possible violation of HRS § 436B-19(12). (Commission approved Settlement Agreement.)
Copies of the decisions are available online at: https://cca.hawaii.gov/oah/oah_decisions/
# # #
Media Contact:
William Nhieu
Communications Officer
Department of Commerce and Consumer Affairs
Email: [email protected]
Office: (808) 586-7582