RELEASE: DCCA DISCIPLINARY ACTIONS (Through July 2018)
Posted on Aug 13, 2018 in Main, News ReleasesDEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Office of Administrative Hearings
DAVID Y. IGE
GOVERNOR
CATHERINE P. AWAKUNI COLÓN
DIRECTOR
FOR IMMEDIATE RELEASE
August 13, 2018
DCCA DISCIPLINARY ACTIONS
(Through July 2018)
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 July 2018 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: Shawna D. Kopchu, R.N.
Case Number: RNS 2017-64-L
Sanction: Reprimand and pay $250 costs
Effective Date: 7-5-18
Respondent was allegedly disciplined in the State of Michigan based on allegations Respondent failed to disclose an arrest in the 1980’s related to food stamps and may have failed to report the action in Hawaii, in potential violation of HRS §§ 457-12(a)(8) and (10). (Board approved Settlement Agreement.)
Respondent: Michelle R. Prather
Case Number: RNS 2016-35-L
Sanction: Voluntary surrender of license
Effective Date: 7-5-18
Respondent allegedly obtained controlled narcotic medication from two (2) automated hospital Pyxis MedStations without authorization, did not administer the medication to the patient, falsified the patient’s record in reporting the administration of the medication to the patient and diverted the medication, in possible violation of HRS § 457-12(a)(6) and HAR §§ 16-89-60(7)(C), (D) and (E). (Board approved Settlement Agreement.)
Respondent: Gloria L.T. Ogawa, fka Gloria T. Branco, fka Gloria L Thompson (Hawaii)
Case Number: RNS 2016-97-L
Sanction: $1,000 fine
Effective Date: 7-5-18
On or about July 18, 1988, Respondent was allegedly convicted of the petty misdemeanor offense of Driving Under the Influence of an Intoxicant. Despite the conviction, Respondent answered “No” to the question on her January 1998 license application form that asked: “In the past 20 years have you ever been convicted of a crime for which the conviction has not been annulled or expunged?”. And, on or about August 27, 2014, Respondent was allegedly convicted of the petty misdemeanor offense of Refusal to Submit to Breath, Blood or Urine Test. Despite the conviction, Respondent answered “No” to question #3 on her renewal application dated April 16, 2015 that asked: “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 457-12(a)(1). (Board approved Settlement Agreement.)
Respondent: Paula M. Rozman (Hawaii)
Case Number: RNS 2017-74-L
Sanction: $500 fine
Effective Date: 7-5-18
On or about August 18, 2016, Respondent was allegedly convicted of the crime of Criminal Contempt of Court. Despite the conviction, Respondent answered “No” to question #3 on her renewal application received on August 3, 2017 that asked: “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 436B-19(2) and 457-12(a)(11). (Board approved Settlement Agreement.)
BOARD OF PHYSICAL THERAPY
Respondent: Alan D. Lott
Case Number: PTS 2017-17-L
Sanction: Voluntary surrender of license
Effective Date: 7-10-18
Respondent was allegedly disciplined in the State of Washington and failed to disclose the action on a December 20, 2016 renewal application (answering “no” in response to the question, “In the past 2 years has your license in this state or any other jurisdiction been formally disciplined by way of a fine, suspension, restriction, or revocation?”), and that Respondent failed to timely report the action to the Board, in potential violation of HRS §§ 436B-19(13) and (15) and 461J-12(a)(7). (Board approved Settlement Agreement.)
BOARD OF PRIVATE DETECTIVES AND GUARDS
Respondent: Margret L. Gullickson, aka Louise M. Gullickson
Case Number: PDG 2016-16-L
Sanction: License suspension and $1,000 fine
Effective Date: 7-12-18
The Board found that Respondent failed to notify the Board of a change of address, procured a license thorough misrepresentation and made an untruthful statement(s) on her October 8, 2015 Guard Employee Registration Application regarding prior disciplinary actions, in violation of HRS §§ 436B-17, 436B-19(2), 436B-19(5) and 436B-19(17) and HAR §§ 16-97-46(12) and 16-97-46(21). (Board’s Final Order after contested case hearing.)
Respondent: Donovan D. Soto
Case Number: PDG 2016-98-L
Sanction: Voluntary revocation of Guard Employee Registration
Effective Date: 7-12-18
RICO alleged that Respondent has been convicted of crimes which reflect unfavorably on the fitness of Respondent to engage in the profession, in potential violation of HAR § 16-97-46(5). (Board approved Settlement Agreement.)
Respondent: Ruben C. Alonzo
Case Number: PDG 2016-54-L
Sanction: Voluntary surrender of registration and agreement not to seek reregistration or licensure
Effective Date: 7-12-18
On or about November 30, 2016, Respondent was convicted of one count of Theft in the Second Degree, a class C felony, in violation of HAR § 16-97-46(5). (Board approved Settlement Agreement.)
BOARD OF DENTAL EXAMINERS
Respondent: Christine M. Isaacs, D.D.S.
Case Number: DEN 2017-36-L
Sanction: Probation for 6 months, comply with Colorado Order and $500 fine
Effective Date: 7-16-18
Respondent was allegedly the subject of disciplinary action taken by the Colorado Dental Board and failed to report the action to the Board, in potential violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
CONTRACTORS LICENSING BOARD
Respondents: Volk Pacific Builders, Inc. and Brian Volk (Maui)
Case Number: CLB 2016-441-L
Sanction: $5,000 fine
Effective Date: 7-20-18
Respondents allegedly exhibited poor workmanship on a project and Respondents’ contract did not include the required homeowner contract disclosures, in possible violation of HRS § 444-25.5 and HAR §§ 16-77-71(a)(1) and (a)(4), 16-77-80 and 16-77-97. (Board approved Settlement Agreement.)
Respondents: Verne A. Wood and Puna Water Services, Inc., dba Waterworks, also dba Island Catchment Company (Hawaii)
Case Number: CLB 2013-362-L
Sanction: $1,500 fine
Effective Date: 7-20-18
Respondents allegedly failed to maintain the tradename “Waterworks” and failed to register the tradename with the Board; Respondent Puna Water Services allegedly failed to provide a written contract to the customer for an above-ground pool project; and Respondent Verne A. Wood allegedly failed to supervise the people he used to remove the existing above-ground pool and install a new above-ground pool, in possible violation of HRS §§ 444-17(12) and 444-25.5(b) and HAR §§ 16-77-71(a)(1), 16-77-80(a) and 16-77-8(a). (Board approved Settlement Agreement.)
Respondent: Thomas R. Rivera (Hawaii)
Case Number: CLB 2017-99-L
Sanction: $500 fine
Effective Date: 7-20-18
On or about June 4, 2015, Respondent was convicted of Disorderly Conduct. Despite the conviction, Respondent answered “No” to question 3 on his renewal application received on September 30, 2016 which asked: “In the past 2 years, have you ever been convicted of a crime which has not been annulled or expunged?”, in violation of HRS §§ 436B-19(5) and 444-17(10). (Board approved Settlement Agreement.)
Respondents: Belmonte’s Roofing & Waterproofing, LLC and Rudy Belmonte
Case Number: CLB 2015-235-L
Sanction: $2,500 fine
Effective Date: 7-20-18
Respondents allegedly exhibited poor workmanship on a re-roofing project and Respondents’ contract was missing required information in a written homeowner contract, in possible violation of HRS § 444-25.5 and HAR §§ 16-77-71, 16-77-80 and 16-77-97. (Board approved Settlement Agreement.)
Respondents: Steamer’s Painting, Inc., dba All Island Painting and Stephen Johnson (Maui)
Case Number: CLB 2010-300-L
Sanction: $1,500 fine
Effective Date: 7-20-18
Respondents allegedly applied an elastomeric coating outside the scope of Respondents’ licenses and Respondents’ contract was missing required homeowner disclosures, in possible violation of HRS § 444-25.5 and HAR §§ 16-77-33(d) and 16-77-80. (Board approved Settlement Agreement.)
Respondent: Cary W. Branch, formerly dba Level One Remodel (Maui)
Case Number: CLB 2017-196-L
Sanction: $2,500 fine
Effective Date: 7-20-18
Respondent allegedly performed work outside the scope of Respondent’s contractor license and failed to include all required disclosures in the contract for the project, in possible violation of HRS § 444-25.5 and HAR §§ 16-77-33(d) and 16-77-80. (Board approved Settlement Agreement.)
Respondents: Dennis Schmitz Designs & Construction, LLC and Dennis E. Schmitz (Maui)
Case Number: CLB 2011-156-L
Sanction: $2,500 fine
Effective Date: 7-20-18
Respondent’s contract for the renovation of a condominium unit was allegedly missing required homeowner disclosures, in possible violation of HRS § 444-25.5 and HAR § 16-77-80. (Board approved Settlement Agreement.)
Respondent: Raymond J. Camara dba R.J. Camara Builder (Hawaii)
Case Number: CLB 2007-382-L
Sanction: Voluntary revocation of license
Effective Date: 7-20-18
Respondent allegedly exhibited poor workmanship, failed to complete a construction project and used an unlicensed electrician and an unlicensed plumber on the project, in possible violation of HRS §§ 444-17(11), 444-17(12) and 444-9.3 and HAR § 16-77-97. (Board approved Settlement Agreement.)
Respondent: Jason K. Lee (Hawaii)
Case Number: CLB 2017-183-L
Sanction: $500 fine
Effective Date: 7-20-18
Respondent allegedly failed to disclose that he was convicted of Terroristic Threatening II on or about April 27, 2015, on his contractor’s license renewal application dated September 28, 2016 and subsequently submitted to the Professional and Vocational Licensing Division of DCCA, in possible violation of HRS §§ 436B-19(5) and 444-17(10). (Board approved Settlement Agreement.)
Respondent: Kim O. Christensen dba Walk On Wood (Hawaii)
Case Number: CLB 2017-15-L
Sanction: $2,500
Effective Date: 7-20-18
Respondent allegedly exhibited poor workmanship, failed to complete the installation of wood flooring in a residence and failed to provide a written contract with all of the required disclosures before starting installation of the flooring, in possible violation of HRS § 444-25.5 and HAR § 16-77-80. (Board approved Settlement Agreement.)
Respondent: Cindy K. Eleneki dba Kehaulani Masonry
Case Number: CLB 2017-150-L and CLB 2017-160-L
Sanction: Voluntary surrender of license
Effective Date: 7-20-18
Respondent allegedly failed to complete a construction project, performed out of scope plumbing work and failed to provide two (2) homeowners with a written contract with all of the required disclosures, in possible violation of HRS §§ 444-25.5(a)(1) and (2), 444-25.5(b), 444-17(3), (11) and (13) and HAR §§ 16-79-(a)(4), 16-77-80(a)(1), (3), (5), (7) and (9) and 16-77-33(c). (Board approved Settlement Agreement.)
BOARD OF PHARMACY
Respondent: Wellness Pharmacy, Inc., aka Wellness Health & Pharmaceuticals, Inc.
Case Number: PHA 2017-86-L
Sanction: $2,500 costs
Effective Date: 7-20-18
Respondent was allegedly disciplined by the state of California, in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
BOARD OF BARBERING AND COSMETOLOGY
Respondent: Renee E. Russo (Hawaii)
Case Number: BAR 2018-62-L
Sanction: $500 fine
Effective Date: 7-23-18
On or about October 25, 2017, Respondent was allegedly convicted of the petty misdemeanor offense of Reckless Driving. Despite the conviction, Respondent answered “No” to the question on her electronic renewal application received on December 8, 2017 which asked: “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in potential violation of HRS § 439-19(a)(9). (Board approved Settlement Agreement.)
Respondent: Ashly K. Copp (Hawaii)
Case Number: BAR 2018-67-L
Sanction: $500 fine
Effective Date: 7-23-18
On or about December 17, 2015, Respondent was allegedly convicted of the petty misdemeanor offense of Willful Failure to Appear in Answer to Citation. Despite the conviction, Respondent answered “No” to the question on her electronic renewal application received on November 14, 2017 which asked: “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in potential violation of HRS § 439-19(a)(9). (Board approved Settlement Agreement.)
Respondent: Lisa A. Nolder (Hawaii)
Case Number: BAR 2018-79-L
Sanction: $500 fine
Effective Date: 7-23-18
On or about June 5, 2017, Respondent was allegedly convicted of the petty misdemeanor offense of Operating a Vehicle Under the Influence of an Intoxicant. Despite the conviction, Respondent answered “No” to the question on her electronic renewal application received on November 18, 2017 which asked: “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in potential violation of HRS §§ 439-19(a)(1) and 439-19(a)(9). (Board approved Settlement Agreement.)
Respondent: Sarah A. White, fka Sarah A. Schweibish
Case Number: BAR 2015-132-L
Sanction: License revocation and $1,000 fine
Effective Date: 7-23-18
Respondent was convicted of multiple criminal offenses and submitted false answers on two (2) of her licensing applications (restoration and renewal) in violation of HRS §§ 439-19(a)(1), 439-19(a)(4) and 439-19(a)(9). (Board’s Final Order after contested case hearing.)
REAL ESTATE COMMISSION
Respondent: Tai K. Gibson aka Nainoa Gibson
Case Number: REC 2017-205-L
Sanction: Voluntary suspension of license for 30 days and $1,000 fine
Effective Date: 7-27-18
On or about February 23, 2018, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following: HRS §§ 436B-19(2) (making untruthful or improbable statements; 436B-19(5) (procuring a license through fraud, misrepresentation or deceit); 436B-19(8) (failure to maintain a record or history of competency, trustworthiness, fair dealing, and financial integrity); 436B-19(17) (violating Chapter 436B and applicable licensing law); 467-14(20) (failure to maintain a reputation for or record of competency, honesty, truthfulness, financial integrity, or fair dealing); and 467-20 (unlawful to file any notice, statement, or document required under Chapter 467 with the Commission that is false, untrue, or contains a material misrepresentation of fact). (Commission approved Settlement Agreement.)
Respondent: Geoffrey S. Schnipper (Hawaii)
Case Number: REC 2018-68-L
Sanction: $1,000 fine
Effective Date: 7-27-18
RICO alleges that on or about October 16, 2014, Respondent was convicted of the offense of Operating a Vehicle Under the Influence of an Intoxicant. Despite the conviction, Respondent answered “No” to question number 2 on his Application for License-Real Estate dated October 27, 2015 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?”, in possible violation of HRS §§ 436B-19(2), (5), (14) and (17). (Commission approved Settlement Agreement.)
Respondent: Thomas Martin (Hawaii)
Case Number: REC 2017-119-L
Sanction: Voluntary surrender of license
Effective Date: 7-27-18
RICO alleges that on or about June 9, 2015, Respondent was convicted of the crime of Operating a Vehicle Under the Influence of an Intoxicant, but did not report the conviction when answering the 2016 licensing renewal question that asks for criminal convictions, in possible violation of HRS §§ 436B-19(2), (5), (12), (14) and (17) and 467-20. (Commission approved Settlement Agreement.)
Respondent: Brooke A. Derby (Hawaii)
Case Number: REC 2017-284-L
Sanction: $750 fine
Effective Date: 7-27-18
RICO alleges that on or about February 17, 2015, Respondent was convicted of Criminal Contempt of Court and Driving Without License. Despite the convictions, Respondent answered “No” to the question on her renewal application received on January 17, 2017 that asked: “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 436B-19(2) and (5) and 467-20. (Commission approved Settlement Agreement.)
REAL ESTATE APPRAISER ADVISORY PROGRAM
Respondent: Igor Medo
Case Numbers: REA 2017-7-L
Sanction: $5,000 fine
Effective Date: 7-9-18
On or about April 4, 2018, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statutes and rules: HRS § 466K-4(a) (failing to comply with USPAP disclosure of prior services; HRS § 436B-19(2) (making untruthful or improbable statements; HRS § 436B-19(7) (professional misconduct); HRS § 436B-19(17) (violating the chapter, licensing laws or rules); HAR § 16-114-106(5) (failing to comply with USPAP); and HAR § 16-114-106(8) (committing any act or omission in the practice of real estate appraising which constitutes dishonesty, fraud, or misrepresentation). (Director approved Settlement Agreement.)
SOCIAL WORKER LICENSING PROGRAM
Respondent: Bernard Manschot
Case Numbers: RSW 2017-16-L
Sanction: Complete 15 credit hours of continuing education in the practice of social work and $100 fine
Effective Date: 7-20-18
Respondent failed to complete required continuing education credit hours because continuing education credit hours completed during the 2013 to 2016 licensing period were not approved by the National Association of Social Workers, the National Association of Social Workers Chapters, or the Association of Social Work Boards as required by Hawaii law, in violation of HRS §§ 467E-11 and 467E-12(a)(1). (Director approved Settlement Agreement.)
Respondent: Aimee K. Leong
Case Numbers: RSW 2017-23-L
Sanction: Complete 4 credit hours of continuing education in the practice of social work and $100 fine
Effective Date: 7-20-18
Respondent failed to complete required continuing education credit hours because four (4) continuing education credit hours completed during the 2013 to 2016 licensing period were not approved by the National Association of Social Workers, the National Association of Social Workers Chapters, or the Association of Social Work Boards as required by Hawaii law, in violation of HRS §§ 467E-11 and 467E-12(a)(1). (Director approved Settlement Agreement.)
Copies of the decisions are available online at: https://cca.hawaii.gov/oah/oah_decisions/
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