Hearings Office

 

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

 

NEIL ABERCROMBIE
GOVERNOR

KEALII S. LOPEZ
DIRECTOR

 

 

FOR IMMEDIATE RELEASE

Oct. 7, 2014

 

DCCA Disciplinary Actions

(Through September 2014)

 

HONOLULU – The Department of Commerce and Consumer Affairs (DCCA) and the State Boards and Commissions released a summary of disciplinary actions through the month of September 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 PROFESSIONAL ENGINEERS, ARCHITECTS,

SURVEYORS AND LANDSCAPE ARCHITECTS

 

Respondent:        Henry T. Wu

Case Number:      ENG 2013-16-L

Sanction:              $500.00 fine                                                                                                      

Effective Date:     9-11-14

 

Respondent allegedly violated HRS § 436B-13(a) by failing to satisfy the renewal requirements provided by law, HRS § 436B-19(1) by failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license and HRS § 464-9(d)(3) by failing to complete 16 continuing education credit hours to renew a license.  Respondent allegedly renewed his license online on or about March 6, 2012, and certified that he met the continuing education requirements by completing 16 continuing education credit hours but had not completed the continuing education credit hours necessary to renew his Hawaii architect’s license.  (Board approved Settlement Agreement)

 

 

 

BOARD OF MASSAGE THERAPY

 

Respondent:        Mili R. Osato aka Yoko, aka Mili Chen, and Mili R. Osato dba Green Island

Case Number:      MAS 2011-49-L and MAS 2011-53-L

Sanction:              Licenses revoked, $1,000.00 fine                                                                     

Effective Date:     8-7-13 (Affirmed on appeal, 7-7-14)

 

Respondents were found to have engaged in professional misconduct, gross carelessness or manifest incapacity in the practice of massage in violation of HRS § 452-24(a)(5) and to have participated in or used the establishment for any lascivious conduct, lewdness or any sexual act in violation of HAR § 16-84-19(5).(Board’s Final Order after a contested case hearing)

 

 

BOARD OF PHARMACY

 

Respondent:        Acro Pharmaceutical Services LLC

Case Number:      PHA 2014-19-L

Sanction:              $1,000.00 fine                                                                                                   

Effective Date:     9-18-14

 

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Colorado and Alabama and failing to report it to the Hawaii Board within thirty (30) days of the disciplinary decisions.  (Board approved Settlement Agreement)

 

BOARD OF DENTAL EXAMINERS

 

Respondent:        Kai K. Kawasugi, D.D.S.

Case Number:      DEN 2014-10-L

Sanction:              $500.00 fine; license placed on probation for two (2) years                             

Effective Date:     9-15-14

 

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Colorado and failing to report it to the Hawaii Board within thirty (30) days of the disciplinary decision.  (Board approved Settlement Agreement)

 

Respondent:        Nicholas R. Pruett, D.D.S.

Case Number:      DEN 2014-7-L

Sanction:              $1,000.00 fine                                                                                                   

Effective Date:     9-15-14

 

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Colorado and failing to report it to the Hawaii Board within thirty (30) days of the disciplinary decision.  (Board approved Settlement Agreement)

 

 

 

CONTRACTORS LICENSE BOARD

 

Respondents:      Solarcity Corporation and James H. Cahill, Jr.

Case Number:      CLB 2011-315-L and CLB 2014-243-L

Sanction:              $50,000.00 settlement                                                                                      

Effective Date:     9-19-14

 

Respondentsallegedly violated HAR § 16-77-71(a) (4) by failing to have a responsible managing employee (RME) in residence in the State while a project is under construction.  At a time when Respondent Cahill was the only RME of Respondent Solarcity Corporation, Respondent Cahill allegedly was not in residence in the State of Hawaii during the entire period Respondent Solarcity Corporation was installing a solar power system at the Maui Arts and Cultural Center and allegedly was not regularly in residence in the State of Hawaii while residential photovoltaic systems were being installed by Respondent Solarcity Corporation.  (Board approved Settlement Agreement)

 

 

Respondents:      Christopher J. Terry, Terry Construction & Development, Inc. and CT Construction, Inc. dba Premier Consulting

Case Number:      CLB 2008-254-L, CLB 2008-316-L, CLB 2009-209-L, CLB 2010-76-L

Sanction:              Licenses revoked for five (5) years; Respondent Terry will not reapply for a contractor’s license for himself and will not apply as a RME on behalf of the other two respondents or any other company                                                  

Effective Date:     9-19-14

 

Respondents allegedly violated HRS § 436B-19(1) by failing to maintain conditions and requirements for licensure, HRS § 436B-19(2) by making untruthful or improbable statements, HRS § 436B-19(8) by failing to maintain a record or history of competency, trustworthiness, fair dealing and financial integrity, HRS 436B-19(16) by employing or utilizing unlicensed persons, HRS § 444-9 by engaging in unlicensed activity, HRS 444-14 by failing to report a change of address or maintain and operate from a definite place of business, HRS § 444-17(1) by engaging in dishonest, fraudulent or deceitful acts, HRS § 444-17(2) by engaging in unfair and deceptive acts or practices, HRS § 444-17(3) by abandoning a construction project or operation without reasonable or legal excuse, HRS 444-17(6) by violating state or county law relating to building, HRS § 444-17(10) by misrepresenting a material fact on the application for licensure, HRS § 444-17(11) by failing to complete a construction project in a material respect for the agreed price if the failure is without legal excuse and HRS § 444-25.5 by failing to provide the required homeowner disclosures.  (Board approved Settlement Agreement)

 

 

REAL ESTATE COMMISSION

 

Respondent:        Carol Russell (Maui)                                                                                    

Case Number:      REC 2012-238-L

Sanctions:            $2,500.00 fine                                                                                                   

Effective Date:     9-26-14

 

Respondent admits that she violated HRS § 467-7 by failing to ensure that her license was current and active.  (Commission approved Settlement Agreement)

 

 

Respondent:        Chris M.T. Bodden, aka Christopher Bodden

Case Number:      REC 2013-204-L

Sanctions:            $500.00 fine                                                                                                      

Effective Date:     9-26-14

 

Respondent allegedly failed to adhere to a law in a manner such that the licensing authority deems the holder of the license to be an unfit or improper person to hold the license in violation of HRS § 436B-19(12) and was allegedly convicted of a penal crime directly related to the qualifications, functions or duties of the licensed profession or vocation in violation of HRS § 436B-19(14).  In the summer of 2011, Respondent allegedly pled no contest to the crime of driving under the influence. (Commission approved Settlement Agreement)

 

Respondent:        Wilmar M. Bumanglag (Maui)

Case Number:      REC 2013-359-L

Sanctions:            $500.00 fine                                                                                                      

Effective Date:     9-26-14

 

Respondent allegedly failed to adhere to a law in a manner such that the licensing authority deems the holder of the license to be an unfit or improper person to hold the license in violation of HRS § 436B-19(12) and was allegedly convicted of a penal crime directly related to the qualifications, functions or duties of the licensed profession or vocation in violation of HRS § 436B-19(14).  On September 17, 2013, Respondent allegedly pled no contest to the crime of driving under the influence. (Commission approved Settlement Agreement)

 

Respondent:        Kristin Ann Crowe

Case Number:      REC 2013-186-L

Sanctions:            $1,000.00 fine                                                                                                   

Effective Date:     9-26-14

 

Respondent admits that she violated HRS § 467-7 by failing to ensure that her license was current and active.  (Commission approved Settlement Agreement)

 

 

To obtain copies of the decisions reported in this press release without charge go to

https://cca.hawaii.gov/oah/oah_decisions/.

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