RELEASE: DCCA DISCIPLINARY ACTIONS (THROUGH MAY 2023)
Posted on Jun 22, 2023 in Latest Department News, NewsroomHONOLULU – 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 May 2023 taken on individuals and entities with professional and vocational licenses in Hawai‘i. 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 ELECTRICIANS AND PLUMBERS
Respondent: Jesse M. Mitchell (Hawai‘i)
Case Number: ENP 2023-8-L
Sanction: $1,500 fine
Effective Date: 5-2-03
RICO alleges that Respondent performed electrical work, as defined in HAR §16-80-3, by installing electrical wiring to connect a solar water heater and that the RME for Respondent’s employer Emergency Plumbing Solar has stated that Respondent was supposed to hire a licensed electrician to connect the solar water heater, in potential violation of HRS §§ 448E-9 and 448E-10(a)(8), and HAR §16-80-4(2). (Board approved Settlement Agreement.)
REAL ESTATE APPRAISER PROGRAM
Respondent: Eric V.T. Lee
Case Number: REA-2022-7-L
Sanction: $2,000 fine, two continuing education courses on ethics and competency in completing appraisal reports and complying with USPAP standards
Effective Date: 5-9-03
RICO alleges that Respondent was retained to prepare appraisals for two residential properties, that Respondent submitted four revised appraisal reports for one property and a revised appraisal report for the second property, and that Respondent’s inaccuracies and omissions in his appraisal reports adversely affected the credibility of the value opinions contained in his reports. RICO further alleges the nature, severity and quantity of discrepancies contained in the reports evidences a violation of the Competency Rule of USPAP, all in potential violation of HAR §§ 16-114-106(4) and 16-114-106(5), and HRS § 436B-19(17). (Director approved Settlement Agreement.)
BOARD OF NURSING
Respondent: Debra L. Kilkenny
Case Number: RNS 2022-972-L
Sanction: $1,500 fine
Effective Date: 5-4-23
RICO alleges that on or about March 27, 2019, Respondent pleaded “no contest” and was convicted of endangering the welfare of children in the Court of Common Pleas, County of Bucks, 7th Judicial District, and that Respondent answered “no” to the question “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged” on Respondent’s May 9, 2019 and April 29, 2021 license renewal applications, in potential violation of HRS §§ 457-12(a)(1) and 457-12(a)(11). (Board approved Settlement Agreement.)
Respondent: Michael J. Bush
Case Number: RNS 2022-17-L
Sanction: $500 fine
Effective Date: 5-4-23
RICO alleges that on or about May 15, 2015, Respondent was convicted of Theft of Government Property in the United District Court, State of Hawai‘i and that Respondent answered “no” to the question “Have you ever been convicted a crime in any jurisdiction that has not been annulled or expunged” on applications submitted October 11, 2016, October 31, 2018, and November 7, 2018, in potential violation of HRS §§ 457-12(a)(1) and 457-12(a)(9). (Board approved Settlement Agreement.)
BOARD OF OPTOMETRY
Respondent: Mark S. Schmalz
Case Number: OPT 2022-5-L
Sanction: Voluntary 1 year suspension of license
Effective Date: 5-22-23
Respondent alleges on or about December 22, 2021, Respondent submitted a renewal application for the January 1, 2022 to December 31, 2023 licensing period certifying he met the Continuing Education (CE) requirement, that nine of the 28 CE credit hours Respondent submitted to the Board did not meet the CE requirement pursuant to HAR § 16-92-39, and that Respondent was short 13 out of 32 required CE hours, in potential violation of HRS §§ 459-9(1) and 459-7(d). (Board approved Settlement Agreement.)
Respondent: Lizeth Delgado
Case Number: OPT 2023-1-L
Sanction: $1,000 fine
Effective Date: 5-22-23
RICO alleges that on or about May 30, 2018, Respondent was convicted of leaving the scene of an accident involving injury in Florida, that Respondent answered “no” to the question, “Have you ever been convicted of a crime in any jurisdiction that has not been annulled or expunged” on her August 9, 2018 application and her November 4, 2019 renewal application, in potential violation of HRS § 436B-19(5). (Board approved Settlement Agreement.)
BOARD OF PUBLIC ACCOUNTANCY
Respondent: Darlene J. Ferrantino (Hawai‘i)
Case Number: ACC 2022-10-L
Sanction: $100 fine
Effective Date: 5-26-23
On or about February 15, 2018, Respondent was convicted of Failure to Appear in the District Court of the Third Circuit, State of Hawai‘i. RICO alleges that on or about December 27, 2019, Respondent electronically renewed her license and answered “no” to the question “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 § 466-9(b)(1). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondent: Jean B. Ocon (Hawai‘i)
Case Number: REC 2021-340-L
Sanction: $750 fine
Effective Date: 5-26-23
RICO alleges that it mailed Respondent a letter requesting Respondent complete and return an enclosed questionnaire regarding client trust account information in September 2021, on December 8, 2021, January 7, 2022, and January 10, 2022, and that RICO received no responses, RICO emailed Respondent with an address found on the internet, on September 27, 2022 Respondent replied via email and represented she had moved in March 2020 but did not update her residence address with Professional Vocational Licensing Division (PVL), and that on or about November 25, 2022, Respondent notified PVL of her new residence address, in potential violation of HRS §§ 436B-17 and 436B-19(17), and HAR §16-99-3(b). (Commission approved Settlement Agreement.)
Respondents: Natalie B. Pitre and Island Properties – Sales, Development, Management Corp.
Case Number: REC 2022-157-L and REC 2022-312-L
Sanction: $12,000 fine
Effective Date: 5-26-23
RICO alleges in REC 2022-157-L that Respondents failed to promptly reduce to writing an agreement between Respondents and complainant for an exclusive agency listing after oral agreement, failed to advise complainant of a possible ethical conflict when Respondents presented a draft Purchase Contract naming Respondents as one of the buyers, failed to timely transmit a purchase offer, occupied and used the property without authorization, and misrepresented to complainant regarding Respondents’ use and occupation of the property, in potential violation of HRS §§ 436B-19(2), 436B-19(7), 436B-19(8), 436B-19(9), 436B-19(17), 467-14(8), 467-14(13), and 467-14(20) and HAR §§ 16-99-3(b), 16-99-3(f) and 16-99-3(j).
RICO alleges in REC 2022-312-L that Respondents misrepresented to complainant and public that a rental was a “single-family detached home” when the property was a duplex with a tenant living on the first floor, failed to provide timely notice of Respondents’ intent to retain a portion of complainant’s security deposit, failed to provide utility bills and receipts justifying deductions from the security deposit, failed to timely return the security deposit and had a default judgment entered against Respondent in the Small Claims Division of the District Court of the First Circuit, Honolulu Division, failed to pay the judgment, and failed to notify the Commission in writing of the judgment within 30 days, all in potential violation of HRS §§ 436B-19(2), 436B-19(7), 436B-19(8), 436B-19(17), 467-14(1), 467-14(13), 467-14(20), and 436B-16 and HAR § 16-99-3(b). (Commission approved Settlement Agreement.)
Respondent: Richard S. Cricchio
Case Number: REC 2021-110-L
Sanction: $7,000 fine
Effective Date: 5-26-23
RICO alleges that the license of a licensee under Respondent’s supervision, Sungok Lee Cricchio, expired and/or was forfeited on December 31, 2018, on or about September 29, 2020, the Commission received a restoration application and restored the license February 2, 2021, and that between January 1, 2019 and February 2, 2021, the licensee engaged in four real estate transactions while her license was delinquent, in potential violation of HRS §§ 467-14(13) and 467-1.6(b)(7). (Commission approved Settlement Agreement.)
Respondent: Sungok Lee Cricchio
Case Number: REC 2021-65-L
Sanction: $1,000 fine
Effective Date: 5-26-23
RICO alleges that Respondent’s license expired and/or was forfeited on December 31, 2018, on or about September 29, 2020, the Commission received Respondent’s restoration application and restored Respondent’s license February 2, 2021, and that during the period of delinquency, Respondent engaged in four real estate transactions and did not receive commissions on those transactions, in potential violation of HRS § 467-7. (Commission approved Settlement Agreement.)
Respondents: James B. Foster and West Maui Luxury Property LLC (Maui)
Case Number: REC 2022-13-L
Sanction: $2,500 fine
Effective Date: 5-26-23
RICO alleges that on or about October 19, 2021, Respondents signed a purchase agreement, that the buyers and sellers agreed Respondents could act as dual agents, the sale included specified contents contained in the property, an exclusion list itemized the contents that would not be included in the sale of the property, during the final walkthrough on November 29, 2021, complainants discovered certain items missing and requested closing be delayed, on November 30, 2021, Escrow informed Respondents a delay could not occur because deed was already sent for recording, and Respondents did not explain the December maintenance fees would not be paid by sellers, in potential violation of HRS § 467-14(1) and HAR § 16-99-3(b). (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
Office: (808) 586-7582