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
January 3, 2024

DCCA DISCIPLINARY ACTIONS
(Through November 2023)

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 November 2023, 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.

BOARD OF CHIROPRACTIC

Respondent:        Anapuni B. Coleman
Case Number:     CHI 2020-18-L
Sanction:             $250 fine, possible additional Continuing Education (CE) hours (at Board’s discretion)
Effective Date:     11-6-23

RICO alleges that Respondent renewed his license on November 14, 2019, certifying he had completed the required 20 hours CE in the preceding 24 months prior to the December 31, 2019 deadline, but that Respondent earned only six CE hours during the licensing period, in potential violation of HAR § 16-76-38(a) and HRS §§ 436B-19(17) and 442-9(a)(14). (Board approved Settlement Agreement.)

PEST CONTROL BOARD

 Respondents:      Eco Shield Pest Control Oahu, LLC and Andrew C. Nowinski
Case Number:     PCO 2022-4-L
Sanction:             $1,500 fine
Effective Date:     11-20-23

RICO alleges that on May 26, 2022, the Hawai‘i Department of Agriculture (DOA) issued a warning notice to Respondents based on the DOA’s findings that Respondents’ employees violated Hawai‘i Pesticides Law, that Respondents paid an independent contractor sales representative who was not licensed to perform inspections and sell pest control packages to consumers in 2021, and that Respondents failed to sign or initial six of Respondents’ contracts from 2021, in potential violation of HRS §§ 460J-15(a)(2), 460J-15(a)(7), 460J-15(a)(13), and 436B-19(16) and HAR § 16-94-25(a). (Board approved Settlement Agreement.)

BOARD OF BARBERING AND COSMETOLOGY

 Respondent:        Haylee K. Kualii (Hawai‘i)
Case Number:     BAR 2023-0023-L
Sanction:             $1,000 fine
Effective Date:     11-14-23

RICO alleges that Respondent was convicted of petty misdemeanors in March 24, 2005 and May 15, 2006, in the District Court of the Third Circuit, State of Hawai‘i, and that Respondent submitted applications for licensure on February 27, 2017 and May 21 2019, and answered “No” to the question “Have you ever been convicted of a crime in any jurisdiction that has not been annulled or expunged,” in potential violation of HRS §§ 439A-16(a)(1) and 439A-16(a)(9). (Board approved Settlement Agreement.)

 Respondent:        The Room, A Beauty Hub LLC (Hawai‘i)
Case Number:     BAR 2023-0022-L
Sanction:             $1,000 fine
Effective Date:     11-14-23

RICO alleges that Respondent’s owner, registered agent and sole member Haylee K. Kualii, was convicted of petty misdemeanors in March 24, 2005 and May 15, 2006, and that Kualii submitted an application for Respondent In August 2022 and answered “No” to the question “Have the applicant, any officers, partners, managers or member ever been convicted of a crime in any jurisdiction that has not been annulled or expunged,” in potential violation of HRS §§ 439A-16(a)(1) and 439A-16(a)(9). (Board approved Settlement Agreement.)

BOARD OF OPTOMETRY

 Respondent:        Zipporah M. Balete
Case Number:     OPT 2023-0002-L
Sanction:             4 CE credit hours, $500 fine
Effective Date:     11-21-23

RICO alleges that Respondent submitted a restoration application in 2023 certifying Respondent “met the CE requirements as contained in subchapter 7 of the Board’s administrative rules” requiring 36 CE credit hours and that Respondent only completed 32 CE hours, in potential violation of HRS §§ 459-7(d), 459-7.4(b)(5) and 459-9(1). (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

 Respondent:        Yi-Sun Chiu
Case Number:     CLB 2021-290-L
Sanction:             $5,000 fine
Effective Date:     11-17-23

RICO alleges that Respondent was issued several Notices of Violation and Notices of Order by the City and County of Honolulu Department of Planning and Permitting between 2017 and 2022 with regard to the construction work performed on the houses owned by Respondent and his family, in potential violation of HRS § 444-17(6). (Board approved Settlement Agreement.)

Respondent:        Big Island Builders, LLC (Hawai‘i)
Case Number:     CLB 2022-287-L + 2 cases
Sanction:             Voluntary license revocation
Effective Date:     11-17-23

RICO alleges it received two complaints that Respondent failed to complete their projects, that Respondent’s Responsible Managing Employee (RME), Ohia Stecher, declared bankruptcy in the District of Hawai‘i, and that Respondent states it was unable to complete the projects due to financial hardship. RICO also alleges that Respondent failed to include all of the required disclosures in homeowner contracts and contracted for work outside the scope of its license, all in potential violation of HRS §§ 444-17(11), 444-25.5 and HAR §§ 16-77-33(d) and 16-77-80. (Board approved Settlement Agreement.)

Respondents:      Tinguely Development, Inc. and Phillip B. Tinguely (Hawai‘i)
Case Number:     CLB 2022-218-L
Sanction:             $10,000 fine
Effective Date:     11-17-23

RICO alleges that Respondents contracted with an unlicensed contractor to perform work requiring a contractor’s license at the Minit Stop in Hilo, Hawai‘i, in potential violation of HRS § 444-17(17) and § HAR 16-77-71(a)(5). (Board approved Settlement Agreement.)

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

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William Nhieu
Communications Officer
Department of Commerce and Consumer Affairs
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Office: 808-586-7582