Hearings Office

 DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

OFFICE OF ADMINISTRATIVE HEARINGS

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE
November 30, 2021

DCCA DISCIPLINARY ACTIONS
(Through October 2021)

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 2021 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 VETERINARY MEDICINE

Respondent:     Ed Alan H.I. Zane, D.V.M.
Case Number:   VET 2021-6-L
Sanction:          Voluntary Surrender of License
Effective Date: 10-13-21

RICO alleges that Respondent failed to provide proof of completion for the 20 CE credit hours that were to be completed during the July 1, 2018 – June 30, 2020 biennial licensing period in response to RICO and the Board’s audit, in possible violation of HRS §§ 471-9(f) and 471-10(b)(2).  (Board approved Settlement Agreement.)

Respondent:     Richard P. Poll, D.V.M.
Case Number:   VET 2021-13-L
Sanction:          Voluntary Surrender of License
Effective Date: 10-13-21

RICO alleges that Respondent failed to provide proof of completion for the 20 CE credit hours that were to be completed during the July 1, 2018 – June 30, 2020 biennial licensing period in response to RICO’s investigation and the Board’s audit, in possible violation of HRS §§ 436B-19(1), 471-9(f) and 471-10(b)(7).  (Board approved Settlement Agreement.)

Respondent:     Nathan S. Goddard
Case Number:   VET 2021-19-L
Sanction:          Surrender of License and Prohibition on Applying for a New License
Effective Date: 10-13-21

RICO alleges that Respondent was disciplined by the Colorado Board of Veterinary Medicine and did not report the Colorado Order to the Hawaii Board of Veterinary Medicine within thirty (30) days of its entry, in possible violation of HRS §§ 471-10(b)(8) and 471-10(b)(11).  (Board approved Settlement Agreement.)

HAWAII MEDICAL BOARD

Respondent:     Timothy C. Gedney, PA-C
Case Number:   MED 2021-15-L
Sanction:          $2,000 fine
Effective Date: 10-14-21

The Board adopted the Hearings Officer’s Recommended Order as the Board’s Final Order and found and concluded that Petitioner has shown by a preponderance of the evidence that Respondent violated HRS § 453-8.6.  (Board’s Final Order after contested case hearing.)

BOARD OF NURSING

Respondent:     Kris N. Szelag
Case Number:   RNS 2021-371-L
Sanction:          Surrender of License, Five-Year Prohibition on Applying for a New License
Effective Date: 10-7-21

RICO alleges that Respondent was disciplined by the Utah Division of Occupational and Professional Licensing on October 21, 2014 and did not report the 2014 Utah Order to the Hawaii Board of Nursing within thirty (30) days of its entry.  RICO also alleges that on October 14, 2020, Respondent entered into a stipulated order with the Utah Division of Occupational and Professional Licensing and did not report the 2020 Utah Order to the Hawaii Board of Nursing within thirty (30) days of its entry, all in possible violation of HRS §§ 457-12(a)(8) and 457-12(a)(10).  (Board approved Settlement Agreement.)

Respondent:     Margaret K. Houk (Hawaii)
Case Number:   RNS 2021-300-L
Sanction:          $500 fine
Effective Date: 10-7-21

RICO alleges that on or about June 28, 2020, Respondent was disciplined by the Nevada Board of Nursing and did not report the Nevada disciplinary action to the Hawaii Board of Nursing within thirty (30) days of its entry, in possible violation of HRS §§ 457-12(a)(8) and 457-12(a)(10).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents:  Blue Fin Construction LLC and Vitaliy M. Novikov (Hawaii)
Case Number:   CLB 2020-267-L
Sanction:          $5,000 fine
Effective Date: 10-22-21

RICO alleges that Respondents failed to complete a construction project and failed to: 1) explain in detail the lien rights of all parties performing under the contract; 2) explain the homeowner’s right to demand bonding on the project; 3) explain how the bond would protect the homeowner or the approximate expense of the bond; and 4) provide notice of the contractor’s right to resolve alleged construction defects prior to commencing any litigation under HRS § 672E-11, in possible violation of HRS §§ 444-25.5(a)(1), 444-25.5(a)(2), 444-25.5(b)(1) and 444-25.5(b)(2) and HAR §§ 16-77-79(a)(4) and 16-77-80(a)(7).  (Board approved Settlement Agreement.)

Respondents:  Blue Ginger General Construction, Inc. and Erminia T.P. Flores (Hawaii)
Case Number:   CLB 2019-441-L
Sanction:          Voluntary Surrender of License
Effective Date: 10-22-21

RICO alleges that Respondents failed to honor the one-year warranty by not repairing the roof leak in a timely manner, in possible violation of HRS § 444-17(11) and HAR § 16-77-97.  (Board approved Settlement Agreement.)

Respondent:     Steven R. Maratta
Case Number:   CLB 2021-64-L
Sanction:          $5,500 fine
Effective Date: 10-22-21

RICO alleges that Respondent aided or abetted an unlicensed person to evade HRS Chapter 444, in possible violation of HRS § 444-9.3.  (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:     Wells Pharmacy Network, LLC
Case Number:   PHA 2021-28-L
Sanction:          $2,500 fine
Effective Date: 10-21-21

RICO alleges that disciplinary action was taken against Respondent in Wisconsin, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

Respondent:     Procare Pharmacy, LLC dba CVS Pharmacy #11235
Case Number:   PHA 2021-7-L
Sanction:          $700 fine
Effective Date: 10-21-21

RICO alleges that Respondent was disciplined by the States of Maine and Virginia, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:     Jason P. Souki
Case Number:   REC 2021-64-L
Sanction:          $500 fine
Effective Date: 10-22-21

RICO alleges that on or about November 6, 2020, Respondent submitted a renewal application for his real estate salesperson’s license and answered “yes” to question 3 which asked, “In the past 20 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”  RICO also alleges that by letter dated November 6, 2020, Respondent indicated that he accepted a no contest plea for an Operating a Vehicle Under the Influence of an Intoxicant charge on June 12, 2019, all in possible violation of HRS §§ 436B-19(12), 436B-19(14) and 436B-19(17).  (Commission approved Settlement Agreement.)

Respondent:     Kenneth H. Nakagawa
Case Number:   REC 2019-440-L
Sanction:          $2,500 fine
Effective Date: 10-22-21

RICO alleges that in or about July 2018, Respondent prepared a written rental agreement that inadvertently included the name of a real estate brokerage firm with which Respondent was no longer associated.  RICO also alleges that Respondent prepared a rental agreement for a domestic limited liability company (“LLC”) in which Respondent held no membership or ownership interest.  RICO also alleges that the LLC did not and does not possess a Commission-issued real estate broker’s license; and although that LLC did not and does not directly hold recorded title to the referenced high-rise condominium unit, it nevertheless managed and rented out that condominium unit to unrelated renters, tenants, or other members of the public, all in possible violation of HRS §§ 467-14(1) and 436B-19(6).  (Commission approved Settlement Agreement.)

Respondent:     Robert J. Cella (Maui)
Case Number:   REC 2019-593-L
Sanction:          $500 fine
Effective Date: 10-22-21

RICO alleges that between February and November 2015, Respondent, as principal broker for Coldwell Banker Island Properties (“CBIP”), failed to ensure that CBIP complied with federal requirements relating to lead-based paint disclosures in connection with sales contracts for three real properties on Maui, in possible violation of HRS §§ 467-1.6(a) and 467-1.6(b)(2).  (Commission approved Settlement Agreement.)

Respondent:     Robert Neuman
Case Number:   REC 2021-41-L
Sanction:          $2,500 fine and Automatic Revocation of License Without Further Hearing Upon Respondent’s Failure to Comply with the Settlement Agreement
Effective Date: 10-22-21

RICO alleges that upon obtaining his real estate broker’s license on or about August 28, 2015, Respondent failed to execute the Management Agreement in writing with MSV expressing the exact agreements of the parties and setting forth essential terms and conditions of the same, in possible violation of HRS §§ 436B-19(7), 436B-19(17) and 467-14(13) and HAR §§ 16-99-3(a) and 16-99-3(f).  (Commission approved Settlement Agreement.)

 

Copies of the decisions are available online at: https://cca.hawaii.gov/oah/oah_decisions/

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Department of Commerce and Consumer Affairs
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