Hearings Office

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
KA ʻOIHANA PILI KĀLEPA

 Office of Administrative Hearings

 JOSH GREEN, M.D.
GOVERNOR | KIAʻĀINA

NADINE Y. ANDO
DIRECTOR
KA LUNA | HOʻOKELE

 

FOR IMMEDIATE RELEASE
February 29, 2024

DCCA DISCIPLINARY ACTIONS
(Through January 2024)

HONOLULU – The State Department of Commerce and Consumer Affairs (DCCA) and its respective State Boards and Commissions released a summary of disciplinary actions through the month of January 2024, 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.

MEDICAL BOARD

Respondent:        Laura E. Purdy
Case Number:     MED 2023-0111-L
Sanction:             $1,000 fine
Effective Date:     1-19-24

RICO alleges that Respondent was disciplined by the states of Mississippi, Kentucky, and Maryland, and failed to timely report disciplinary actions to the Board, in potential violation of HRS §§ 453-8(a)(11) and 453-8(a)(14). (Board approved Settlement Agreement.)

Respondent:        Scott W. Smith
Case Number:     MED 2023-0118-L
Sanction:             $1,500 fine, voluntary agreement not to practice or renew license
Effective Date:     1-19-24

RICO alleges that Respondent was disciplined by the United States Department of Justice, Drug Enforcement Agency, and the State of Alabama, and failed to timely report the Alabama disciplinary action to the Board, in potential violation of HRS §§ 453-8(a)(11) and 453-8(a)(14). (Board approved Settlement Agreement.)

Respondent:        Jorge Simental
Case Number:     MED 2017-181-L
Sanction:             $1,500 fine
Effective Date:     1-19-24

On July 27, 2023, RICO filed a disciplinary action against Respondent alleging that Respondent submitted a renewal application to the Board which was false and untrue, and contained a material misstatement and omission of fact, in potential violation of HRS § 453-9(a)(15). (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents:      Otis Elevator Company, Casey B. Myers, and Javier H. Pommerenk
Case Number:     CLB 2021-211-L
Sanctions:           Otis Elevator Company: $785,000 fine

                              Casey B Meyers: $10,000 fine

                              Javier H Pommerenk: $5,000 fine
Effective Date:     1-26-24

RICO alleges that Respondents failed to supervise at least six elevator mechanic apprentice employees who were unlicensed at the time they performed elevator mechanic work on several projects in the State of Hawai‘i, in potential violation of HRS §§ 436B-19(6), 436B-19(16), and 444-9.3 and HAR §§ 16-77-71(a)(1) and 16-77-71(a)(5). (Board approved Settlement Agreement.)

 REAL ESTATE COMMISSION

Respondent:        Angelita M Pasion, dba Aloha Alii Realty
Case Number:     REC 2023-25-L
Sanction:             Voluntary surrender of license
Effective Date:     1-26-24

RICO alleges that Respondent utilized unregistered trade names “Aloha Hawaii Realty” and “Aloha Hawaii Realty LLC” as a sole proprietor, that Respondent misrepresented her licensure status and type to the Commission, that state and federal tax liens were recorded against Respondent in February 2019 and November 2013, that the state tax lien of $30,356.32 regarding general excise taxes were in connection with Respondent’s personal and real estate business, and that Respondent posted a listing on the MLS at the time Respondent’s license was forfeited, in potential violation of HRS §§ 467-14, 467-14(20), 436B-19(8) and 467-7, and HAR § 16-99.19.1(a)(2)(B). (Commission approved Settlement Agreement.)

Respondent:        Ray R. Prosek
Case Number:     REC 2020-3-L
Sanction:             License revocation, $41,000 fine
Effective Date:     1-26-24

On September 28, 2022, RICO filed a petition for disciplinary action against Respondent alleging that Respondent caused the Principal Broker’s (PB) signature to be signed to real estate documents without the PB’s authorization, signed real estate documents as the PB/Broker-In-Charge (BIC) even though Respondent was not the PB or BIC, and signed a check from a client trust account without authorization from the PB.  After a contested case hearing, the Commission adopted the Hearings Officer’s recommended decision and found and concluded that Respondent violated HRS §§ 467-14(1), 467-14(3), 467-14(8), 467-14(13) and 467-14(20) and HAR § 16-99-4(i). (Commission’s Final Order after contested case hearing.)

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

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Media Contact:
William Nhieu
Communications Officer
Department of Commerce and Consumer Affairs
[email protected]
Office: 808-586-7582