DCCA NEWS RELEASE: DCCA disciplinary actions

Posted on May 15, 2017 in Latest News

(Through April 2017)

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 April 2017 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.

HAWAII MEDICAL BOARD

Respondent:        Keith A. Norvill, D.O.

Case Number:     MED 2016-198-L

Sanction:             Indefinite probation and $3,000 fine                                                        

Effective Date:     4-13-17

Respondent was allegedly disciplined in Colorado and failed to report the Colorado order to the Board of Medical Examiners within thirty days as required by Hawaii law, and engaged in hazardous negligence by performing wrong level surgery and failing to include the wrong level surgery in his discharge summary, in possible violation of HRS §§ 453-8(a)(11), 453-8(a)(14), and 453-8(a)(7).  (Board approved Settlement Agreement.)

Respondent:        Stanley M. Higgins, M.D.

Case Number:     MED 2016-207-L

Sanction:             Reprimand and pay $350 in administrative costs                                   

Effective Date:     4-13-17

Respondent was allegedly the subject of disciplinary actions in Colorado, Maryland, California, and Illinois, based on a letter of admonition issued by the Colorado Medical Board, in possible violation of HRS § 453-8(a)(11).  (Board approved Settlement Agreement.)

COLLECTION AGENCIES PROGRAM

Respondent:        Carson Smithfield, LLC

Case Number:     COL 2016-1-L

Sanction:             $2,000 fine                                                                                               

Effective Date:     4-10-17

Respondent was disciplined in Connecticut and Colorado and allegedly failed to report the Colorado disciplinary action to the Program within 30 days in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondent:        Hawaiian Solar & Plumbing, Inc., and Kenneth W. Bloom, PRME

Case Number:     CLB 2012-41-L+

Sanction:              $3,000 fine

Effective Date:     4-13-17

Respondents allegedly used an unregistered trade name and failed to include in its homeowner contracts all the required information, in possible violation of HRS § 444-25.5 and HAR §§ 16-77-8(a), 16-77-71(a)(2) and 16-77-80.  (Board approved Settlement Agreement.)

Respondent:        Resolute Performance Contracting, Inc. and Robert D. Olson

Case Number:     CLB 2015-181-L

Sanction:              $500 fine

Effective Date:     4-13-17

Respondents allegedly constructed parking canopy solar system racks without the appropriate contractor’s license classification, in possible violation of HRS § 436B-19(17) and HAR § 16-77-33(a).  (Board approved Settlement Agreement.)

Respondent:        Andrew Chekene Enterprises, Inc. dba AC Enterprises, 

                              and Andrew D. Chekene

Case Number:     CLB 2016-237-L

Sanction:              $25,000 fine

Effective Date:     4-13-17

Respondents allegedly did not have an RME in residence in the State during the construction of a project at the Waikoloa Beach Villas, in possible violation of HRS § 436B-19(17) and HAR § 16-77-71(a)(4).  (Board approved Settlement Agreement.)

Respondent:        C. Summo Construction, LLC and Christopher Summo

Case Number:     CLB 2015-391-L

Sanction:              Voluntary surrender of license

Effective Date:     4-13-17

Respondent Christopher Summo allegedly was the subject of Federal and State tax liens in 2009, 2013 and 2015 and Respondents were the subject of civil judgments in 2013 and 2015, in possible violation of HRS §§ 444-17(21), and 436B-19(8), and HAR §§ 16-77-71(a) and 16-77-71(as)(5).  (Board approved Settlement Agreement.)

Respondent:        Lonny B. Cooper

Case Number:     CLB 2016-332-L

Sanction:              $2,500 fine

Effective Date:     4-13-17

Respondent allegedly used an unregistered trade name and failed to include in its homeowner contracts all the required information, in possible violation of HRS § 444-25.5 and HAR §§ 16-77-8(a), 16-77-79 and 16-77-80.  (Board approved Settlement Agreement.)

Respondent:        Shawmut Woodworking & Supply, Inc. and Matthew K. Tripp 

Case Number:     CLB 2017-29-L

Sanction:              $25,000 fine

Effective Date:     4-13-17

Respondents allegedly did not have an RME in residence in the State during the construction of a project at the Ala Moana Shopping Center, in possible violation of HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5).  (Board approved Settlement Agreement.)

Respondent:        REC Solar Commercial Corporation;

                              Tyrone J. Takahashi; Joshua A. Meyers

Case Number:     CLB 2016-181-L

Sanction:              $25,000 fine

Effective Date:     4-13-17

Respondents were allegedly not in compliance with the ratio for individuals performing electrical work set forth in HRS § 444-9.5 (at least half of all individuals performing electrical work at a project must be licensed), in possible violation of HRS § 444-9.  (Board approved Settlement Agreement.)

Respondent:        Anchor Systems Hawaii, Inc. and Eric Levora 

Case Number:     CLB 2015-61-L

Sanction:              $500 fine

Effective Date:     4-13-17

Respondents allegedly engaged in out-of-scope activity by offering to perform and/or performing the installation of a swimming pool at a residence in Kaneohe for compensation, in possible violation of HRS § 444-9 and HAR § 16-77-33.  (Board approved Settlement Agreement.)

Respondent:        J & H Electric LLC; Henry J. Hunt 

Case Number:     CLB 2016-374-L

Sanction:              $1,000 fine

Effective Date:     4-13-17

Respondents’ contract form allegedly omitted required information, in possible violation of HRS § 444-25.5 and HAR § 16-77-80.  (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:        Avella of Orlando, Inc. dba Avella of Orlando

Case Number:     PHA 2016-79-L

Sanction:             $500 fine                                                                                                   

Effective Date:     4-20-17

Respondent was allegedly disciplined in Maine for two incidents in which Respondent failed to timely file a required change of Pharmacist-in-Charge application, and in Colorado for failing to timely submit an application for a new pharmacist manager, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

Respondent:        Ameripharm, Inc. dba Medvantx Specialty Pharmacy

Case Number:     PHA 2016-118-L

Sanction:             $250 fine

Effective Date:     4-20-17

Respondent was allegedly the subject of a disciplinary action in Louisiana based on allegations Respondent operated without a pharmacist-in-charge, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

Respondent:        Queen’s Development Corp. dba Queen’s POB II Pharmacy,

                              and Eunice M. Chong

Case Number:     PHA 2016-101-L

Sanction:             $3,000 fine

Effective Date:     4-20-17

Respondents allegedly filled a prescription with Verapamil instead of Venlafaxine which had been prescribed for a patient, in possible violation of HRS 461-21(a)(5).  (Board approved Settlement Agreement.)

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS,

SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent:        John C. Schneider

Case Number:     ENG 2016-20-L

Sanction:             Probation and pay $500 fine                                                                    

Effective Date:     4-17-17

Respondent was allegedly disciplined in Nevada for stamping construction drawings while his Nevada certificate of registration was expired, and failed to report the Nevada action to the Board within thirty days, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

Respondent:        Randall A. Nelson

Case Number:     ENG 2016-41-L

Sanction:             $1,000 fine                                                                                               

Effective Date:     4-17-17

Respondent was allegedly disciplined in Oklahoma for preparing, signing, sealing, dating and issuing design drawings without a required firm certificate, and in New York based on the Oklahoma action, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondents:      Michael Makana Osborne

Case Number:     REC 2015-291-L

Sanction:             $1,000 fine                                                                                               

Effective Date:     4-21-17

Respondent allegedly failed to disclose two misdemeanor convictions in 2006, and was convicted in 2012 for operating a vehicle while under the influence of an intoxicant, in possible violation of HRS §§ 467-20, 436B-19(2), 436B-19(5), 436B-19(12), 436B-19(14), and 436B-19(17).  (Board approved Settlement Agreement.)

Respondents:      Cindy L. Vicoy

Case Number:     REC 2016-40-L

Sanction:             $500 fine                                                                                                   

Effective Date:     4-21-17

Respondent was allegedly convicted for operating a vehicle while under the influence of an intoxicant, in possible violation of HRS §§ 467-20, 436B-19(2), 436B-19(5), and 436B-19(17).  (Board approved Settlement Agreement.)

Respondents:      Aileen Saramosing Whiting 

Case Number:     REC 2016-34-L

Sanction:             $1,000 fine                                                                                               

Effective Date:     4-21-17

Respondent allegedly made untruthful or improbable statements, procured a license through fraud, deceit or misrepresentation, violated the licensing law, rules, or order of the Commission, and filed a notice or statement that was false, untrue or contained a material misrepresentation of fact, in possible violation of HRS §§ 467-20, 436B-19(2), 436B-19(5), and 436B-19(17).  (Board approved Settlement Agreement.)

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: Wnhieu@dcca.hawaii.gov

Office: (808) 586-7582

Cell: (808) 389-2788