DCCA NEWS RELEASE: DCCA disciplinary actions (Through January 2017)

Posted on Feb 9, 2017 in Latest News

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 January 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.

TRAVEL AGENCIES PROGRAM

Respondent:        Kevin Phong, dba Island Tours & Travel

Case Number:      TAR 2016-24-L

Sanction:              Voluntary Surrender of Registration

Effective Date:     1-12-17

Respondent allegedly failed to provide a customer with tickets for travel that were paid for and allowed unauthorized charges to be submitted against the customer’s credit card on 2 occasions in possible violation of HRS §§ 436B-19(2), 436B-19(8), 436B-19(17), 468L-7.5(11), 468L-7(a)(6) and 468L-7(a)(7).  (Board approved Settlement Agreement.)

HAWAII MEDICAL BOARD

Respondent:        Thomas O. Orvald, M.D.

Case Number:      MED 2014-189-L

Sanction:              License revoked

Effective Date:     1-12-17

The Board found that Respondent engaged in professional misconduct, multiple instances of negligence or incompetence, was the subject of disciplinary actions in Maine and Michigan and failed to report those actions to the Board within thirty days in violation of HRS §§ 453-8(a)(7), 453-8(a)(8), 453-8(a)(11), 453-8(a)(14), and 436B-19(17).  (Board’s Final Order after contested case hearing.)

Respondent:        Evelyn L. Blair-Allen, M.D.

Case Number:      MED 2015-19-L

Sanction:              License Revoked                                                                                      

Effective Date:     1-12-17

The Board found that the Department of the Air Force had undertaken an investigation of reports of possible substance abuse and/or mental health impairment by Respondent, that Respondent’s clinical privileges had been revoked, and that Respondent had failed to report the action to the Board within thirty days, in violation of HRS §§ 453-8(a)(5), 453-8(a)(7), 453-8(a)(8), 453-8(a)(9), 453-8(a)(11), 453-8(a)(14), and 436B-19(17).  (Board’s Final Order after contested case hearing.)

BOARD OF NURSING

Respondent:        Michelle J. Hayashi

Case Number:      RNS 2015-83-L

Sanction:              License revoked and Licensee ordered to pay $2,000 fine

Effective Date:     1-5-17

The Board found that Respondent’s misdemeanor convictions and revocation of her California license violated HRS §§ 457-12(a)(8) and 457-12(a)(9), that Respondent had improperly possessed medications in violation of HAR § 16-89-60(7)(E), had engaged in unprofessional conduct in violation of HRS § 457-12(a)(6), and violated HRS § 436B-19(17) by failing to comply with the licensing rules.  (Board’s Final Order after contested case hearing.)


BOARD OF PRIVATE DETECTIVES AND GUARDS

Respondent:        Kenneth J. Arao (Hawaii)

Case Number:      PDG 2014-206-L

Sanction:              Voluntary surrender of license                                                                  

Effective Date:     1-19-17

Respondent was allegedly convicted of the offense of DUI and falsified his application for Guard Employee Registration and renewal application, in possible violation of HRS § 436B-19(5) and HAR § 16-97-46(12).  (Board approved Settlement Agreement.)

 

Respondent:        Kenneth J. Arao (Hawaii)

Case Number:      PDG 2016-27-L

Sanction:              Voluntary surrender of license                                                                  

Effective Date:     1-19-17

Respondent was allegedly convicted of the offense of DUI and falsified his application for Guard Employee Registration and renewal application, in possible violation of HRS § 436B-19(5) and HAR § 16-97-46(12).  (Board approved Settlement Agreement.)

 

Respondent:        Steven B. Hoffman (Hawaii)

Case Number:      PDG 2016-43-L

Sanction:              Voluntary surrender of license                                                                  

Effective Date:     1-19-17

 

Respondent was convicted of a petty misdemeanor offense of criminal property damage in the Fourth Degree in 2016 and allegedly falsified his renewal application for Guard Employee Registration, in possible violation of HRS § 436B-19(5) and HAR § 16-97-46(12).  (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:        William J. Farlander, Inc. dba Westside Pharmacy, Brian A. Carter and William J. Farlander (Kauai)

Case Number:      PHA 2016-96-L

Sanction:              $3,000 fine                                                                                                

Effective Date:     1-24-17

 

Respondents allegedly filled a prescription with Clonazepam instead of Clonidine which was prescribed for a patient in possible violation of HRS § 461-21(a)(5).  (Board approved Settlement Agreement.)

 

BOARD OF DENTAL EXAMINERS

Respondent:        Narjis F. Safvi, DDS

Case Number:      DEN 2016-17-L

Sanction:              $1,500 fine                                                                                                

Effective Date:     1-23-17

Respondent was allegedly the subject of a disciplinary action in Texas based on allegations that he failed to diagnose and furnish dental records and failed to report the disciplinary action to the Board within thirty days in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondent:        David C.P. Chan dba Fellows Construction

Case Number:      CLB 2013-446-L+

Sanction:              $5,000 fine

Effective Date:     1-20-17

Respondent allegedly did not have a complete written contract prior to starting work on 2 projects in possible violation of HRS § 444-25.5 and HAR § 16-77-80.  (Board approved Settlement Agreement.)

Respondent:        Mainland-Pacific Ltd. and Michael K. Coates

Case Number:      CLB 2013-109-L

Sanction:              $2,500 fine                                                                                                

Effective Date:     1-20-17

Respondents allegedly entered into a construction contract and failed to provide the oral and written disclosures in possible violation HRS § 444-25.5 and HAR §§ 16-77-79 and 16-77-80.  (Board approved Settlement Agreement.)

Respondent:        E & H Construction Co., Inc. and Esfandiar Amirhekmat

Case Number:      CLB 2016-334-L

Sanction:              $15,000 fine                                                                                              

Effective Date:     1-20-17

Respondent Amirhekmat was allegedly not in residence in the State during the period in which Respondent E & H Construction was working on a project in Waikiki but was instead present only during portions of the project in possible violation of HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5).  (Board approved Settlement Agreement.)

Respondent:        Collins Construction, Inc. and Corey J. Collins (Maui)

Case Number:      CLB 2012-119-L

Sanction:              Voluntary surrender of licenses

Effective Date:     1-20-17

Respondents allegedly engaged in poor workmanship in possible violation of HAR § 16-77-97.  (Board approved Settlement Agreement.)

Respondent:        Hilbers, Inc. and Kurt G. Hilbers

Case Number:      CLB 2016-436-L

Sanction:              $20,000 fine

Effective Date:     1-20-17

Respondent Hilbers was allegedly not in residence in the State during the period in which Respondent Hilbers, Inc. was working on a project in Mililani in possible violation of HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5).  (Board approved Settlement Agreement.)

Respondent:        Joseph M. Medeiros, dba Tropical Innovations (Maui)

Case Number:      CLB 2010-246-L

Sanction:              $500 fine

Effective Date:     1-20-17

Respondent allegedly failed to include the requisite contractual provisions, including but not limited to bond and lien rights in a contract with a customer in possible violation of HRS § 444-25.5 and HAR § 16-77-80.  (Board approved Settlement Agreement.)

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent:        Calvin J. Coatsworth

Case Number:      ENG 2016-6-L

Sanction:              License placed on 2-year probation and $750 fine                                   

Effective Date:     1-19-17

Respondent was allegedly the subject of disciplinary actions in Nevada and Montana and failed to report the disciplinary actions to the Board within thirty days in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

Respondents:      William H. Laurence

Case Number:      ENG 2016-13-L

Sanction:              $2,500 fine                                                                                                

Effective Date:     1-19-17

Respondent was allegedly the subject of disciplinary actions in Alabama and Texas and failed to report those actions to the Board within thirty days in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

Respondents:      Richard Senelly

Case Number:      ENG 2016-28-L

Sanction:              $500 fine                                                                                                   

Effective Date:     1-19-17

Respondent acknowledged that he submitted a restoration application that included certification of having completed continuing education credits when those credits had not yet been completed in violation of HRS § 436B-19(2).  (Board approved Settlement Agreement.)

Respondents:      Kyle S. Taft

Case Number:      ENG 2016-5-L

Sanction:              Voluntary surrender of license                                                                  

Effective Date:     1-19-17

Respondent was the subject of disciplinary action in Colorado based on allegations that Respondent self-reported that he had not completed required continuing education hours, and  failed to report the Colorado disciplinary action the Board within thirty days in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

Respondent:        Zeyn B. Uzman

Case Number:      ENG 2016-22-L

Sanction:              License placed on 2-year probation and $1,000 fine                                

Effective Date:     1-19-17

Respondent allegedly was the subject of a disciplinary action in Arizona based on allegations that Respondent sealed calculations prepared by another engineer, and failed to report the Arizona disciplinary action to the Board within thirty days in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

Respondent:        Val A. Yanagihara

Case Number:      ENG 2016-16-L

Sanction:              $1,000 fine                                                                                                

Effective Date:     1-19-17

Respondent allegedly procured a license through fraud, deceit, or misrepresentation in possible violation of HRS §§ 436B-19(5), 436B-19(17), 464-10, and HAR § 16-115-10(5).  (Board approved Settlement Agreement.)

BOARD OF PUBLIC ACCOUNTANCY

Respondents:      Elizabeth Hwang

Case Number:      ACC 2016-19-L

Sanction:              Voluntary surrender of license

Effective Date:     1-27-17

Respondent renewed her license and allegedly attested to having completed 4 CPE credits but failed provide proof to the Board of having completed the credits in possible violation of HRS §§ 436B-19(2), 436B-19(17), 466-9(b)(1), and 466-9(b)(3).  (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondents:      Faye C.K. Lee, Thomas Zhuang, and Sweet Home Realty, Inc.

Case Number:      REC 2014-152-L+

Sanction:              Respondent Lee – license revoked

                              Respondents Zhuang and Sweet Home Realty – $1,000 fine                  

Effective Date:     1-27-17

The Commission determined that Respondent Lee failed to comply with the Commission’s prior order, engaged in professional misconduct, failed to maintain a record of competency, honesty, truthfulness, financial integrity, and fair dealing, failed to account for moneys belonging to others, and engaged in business in a manner causing injury to a member of the public in violation of HRS §§ 467-14(7), 467-14(20), 436B-19(7) and 436B-19(11), and that Respondents Zhuang and Sweet Home Realty violated HRS § 467-1.6(a).  (Commission’s Final Order after contested case hearing.)

Respondents:      Star International, LLC and Carol Star

Case Number:      REC 2016-177-L

Sanction:              $250 fine                                                                                                   

Effective Date:     1-27-17

Respondents allegedly posted 2 separate properties for sale on Craigslist but failed to include the brokerage firm in the postings in possible violation of HRS §§ 467-14(13) and HAR § 16-99-11(a).  (Commission approved Settlement Agreement.)

Respondents:      Mitch Thompson aka Mitchell R. Thompson (Hawaii)

Case Number:      REC 2015-210-L

Sanction:              $1,000 fine                                                                                                

Effective Date:     1-27-17

Respondent was allegedly convicted of operating a vehicle while under the influence of an intoxicant and failed to disclose the conviction in his license application in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(12), 436B-19(14), 436B-19(17) and 467-20.  (Commission approved Settlement Agreement.)

Respondents:      Realty Group Properties, LLC

Case Number:      REC 2010-275-L

Sanction:              License voluntarily revoked

Effective Date:     1-27-17

Respondent allegedly mishandled and mismanaged its client trust account in possible violation of HRS §§ 436B-19(17), 467-14(8), 467-14(16) and HAR § 16-99-3(v).  (Commission approved Settlement Agreement.)

Respondents:      Realty Group Inc. dba Realty Group and Glenn Nishihara

Case Number:      REC 2012-53-L

Sanction:              Respondent Realty Group – license voluntarily revoked

Respondent Nishihara – $5,000 fine

Effective Date:     1-27-17

Respondents allegedly mishandled and mismanaged its client trust account in possible violation of HRS §§ 436B-19(17), 467-14(8), 467-14(16) and HAR § 16-99-3(v).  (Commission 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

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