DCCA NEWS RELEASE: DCCA disciplinary actions

Posted on Nov 5, 2015 in Latest News, Newsroom, Press Releases

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 2015 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.

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:        Midpac Auto Center, Inc. dba Kuhio Auto Group (Kauai)

Case Number:     MVI 2014-34-L

Sanction:             $5,600 fine                                                                                                                       

Effective Date:     10-20-15

Respondent allegedly violated HRS § 437-28(a)(15) by allowing an employee to engage in motor vehicle sales prior to the employee being issued a license. (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent:        Grace D. Conde, R.N.

Case Number:     RNS 2015-34-L

Sanction:             $500 fine; Licensee on probation for 1 year                                                                    

Effective Date:     10-1-15

Respondent allegedly violated HRS § 436B-19(12) by failing to comply with laws such that the licensing authority deems the licensee unfit to hold a license. Respondent was allegedly convicted of three counts related to violating protective orders issued in Honolulu Family Court. (Board approved Settlement Agreement.)

Respondent:        Michael T.K. Strong, R.N.

Case Number:     RNS 2015-59-L

Sanction:             Licensee on probation for 1 year; Licensee reprimanded; $1,500 fine                           

Effective Date:     10-1-15

Respondent admittedly violated HRS § 457-12(a)(10) by being disciplined by the Department of the Air Force and failing to report this action to the Hawaii Board within 30 days of the disciplinary decision. (Board approved Settlement Agreement.)

Respondent:        Haley M. Chapman

Case Number:     RNS 2013-8-L

Sanction:             Voluntary surrender of license                                                                                                     

Effective Date:     10-1-15

Respondent allegedly violated HRS § 457-12(a)(6) and HAR § 16-89-60(7)(D) by engaging in unprofessional conduct. Respondent allegedly diverted Oxycodone for her own use while working at the medical office of Internal Medicine and Infectious Diseases, Inc. in Honolulu. (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

 Respondent:        Jodi Rementer

Case Number:     REC 2012-68-L

Sanction:             $1,000 fine, provide current broker and brokerage entity and future brokers with a copy of the Settlement Agreement

Effective Date:     10-23-15

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). On February 7, 2012, Respondent allegedly pleaded guilty to one count of receipt of a stolen firearm and ammunition and one count of sale of a stolen firearm and ammunition in the United States District Court, District of Hawaii. (Commission approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondent:        Alireza Sabri                                                                                                                   

Case Number:     CLB 2013-499-L

Sanction:             License revoked, $55,000 fine, $146,077 in restitution

Effective Date:     10-23-15

The Board found that Respondent violated HRS § 444-17(1) by engaging in dishonest, fraudulent and deceitful acts that caused substantial damage to another, HRS § 444-17(3) by abandoning a construction project without reasonable or legal excuse, HRS § 444-17(11) by failing to complete a construction project for the agreed price, HRS § 444-17(13) by failing to prosecute a project to completion with reasonable diligence, HRS § 444-17(14) by failing to pay a debt incurred for materials purchased when Respondent received sufficient funds as payment, HRS § 444-25.5, HAR §§  16-77-79 and 16-77-80 by failing to disclose lien and bonding rights, HRS § 436B-19(2) by making untruthful and improbable statements, HRS § 436B-19(7) by engaging in unprofessional conduct, and HRS § 436B-19(8) by failing to maintain a record or history of competency, trustworthiness, fair dealing and financial integrity. Respondent demolished a home but never finished construction of the new home, forcing the homeowner to sell her family home on a short sale because she could not afford to pay a mortgage and pay rent for the foreseeable future. (Board’s Final Order after contested case hearing.)

Respondent:        Antonio C. Dalit, dba T.D. Builders

Case Number:     CLB 2014-346-L

Sanction:             Voluntary surrender of license

Effective Date:     10-23-15

Respondent allegedly violated HRS § 444-17(11) by failing to complete a project and HRS § 444-25.5 by failing to provide the requisite bond and lien rights. (Board approved Settlement Agreement.)

Respondents:      Approved Electric, Inc. and Judith A. Means

Case Number:     CLB 2014-313-L

Sanction:             Voluntary surrender of license

Effective Date:     10-23-15

Respondents admittedly violated HRS § 444-17(10) by misrepresenting a material fact when obtaining their license, HRS § 444-17(21) by failing to pay delinquent taxes, interest and penalties, HRS § 436B-19(5) by procuring a license through fraud, misrepresentation or deceit, and HRS § 436B-19(8) by failing to maintain financial integrity. Respondents had several judgments and tax liens against them which they failed to report on a restoration application and renewal application filed with the Board. (Board approved Settlement Agreement.)

 Respondent:        Bonterra Services, LLC, dba Bonterra Solar Services

Case Number:     CLB 2014-78-L

Sanction:             $1,000 fine

Effective Date:     10-23-15

Respondent allegedly violated HRS § 444-9 and HAR § 16-77-33 by engaging in out-of-scope activity by installing a solar water heating system at a residence for compensation. (Board approved Settlement Agreement.)

Respondent:        Sandra F.K. Santiago

Case Number:     CLB 2009-545-L

Sanction:             $1,000 fine

Effective Date:     10-23-15

Respondent allegedly violated HRS § 436B-19(5) by procuring a license through fraud, misrepresentation or deceit and HRS § 444-17(10) by misrepresenting a material fact when obtaining a license. Respondent allegedly failed to disclose twelve 1992 felony convictions on her contractor’s license application because she believed that more than 20 years had passed since her convictions. Respondent allegedly calculated the 20 years from the date of her no contest plea instead of the date of the judgment (conviction). (Board approved Settlement Agreement.)

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

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Media Contact:

Shelly Kunishige

Multimedia Education Specialist

Department of Commerce and Consumer Affairs

Email: skunishi@dcca.hawaii.gov

Office: (808) 587-6735