DCCA NEWS RELEASE: Disciplinary Actions Through January 2023
Posted on Feb 15, 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 January 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 CHIROPRACTIC
Respondent: Aaries T. Oda
Case Number: CHI 2020-4-L
Sanction: $1,000 fine
Effective Date: 6-6-22
RICO alleges that in 2020 and 2021, Respondent ran advertisements that guaranteed patients using a laser weight-loss system would “instantly lose 1-2 inches without diet or exercise” and that the program was “physician-supervised” when no physician was present. RICO further alleges Respondent used the term “physician” in reference to himself without holding the proper license, that Respondent charged a patient for the advertised laser weight-loss treatments, the patient believed Respondent was a doctor licensed by the Hawaiʻi Medical Board, and the patient did not obtain the promised results and suffered monetary harm, all in potential violation of HRS §§ 442-9(a)(5), 442-9(a)(6), 442-9(a)(13) and 442-19. (Board approved Settlement Agreement.)
Respondent: Aaries T. Oda
Case Number: CHI 2020-7-L
Sanction: $1,000 fine
Effective Date: 6-6-22
RICO alleges that in 2020 and 2021, Respondent ran advertisements that guaranteed patients using a laser weight-loss system would “instantly lose 1-2 inches without diet or exercise,” that Respondent charged a patient for the advertised laser weight-loss treatments, and that the patient did not obtain the promised results and suffered monetary harm, in potential violation of HRS §§ 442-9(a)(5) and 442-9(a)(6). (Board approved Settlement Agreement.)
Respondent: Aaries T. Oda
Case Number: CHI 2021-1-L
Sanction: $1,000 fine
Effective Date: 6-6-22
RICO alleges that in 2020 and 2021, Respondent ran advertisements that guaranteed patients using a laser weight-loss system would “instantly lose 1-2 inches without diet or exercise,” that Respondent charged a patient for the advertised laser weight-loss treatments, and that the patient did not obtain the promised results, in potential violation of HRS §§ 442-9(a)(5) and 442-9(a)(6). (Board approved Settlement Agreement.)
Respondent: Aaries T. Oda
Case Number: CHI 2020-5-L
Sanction: Suspension of license for 180 days, $16,000 fine, bar against statements and advertisements containing misrepresentations, and bar against using terms implying licensure by the Hawaiʻi Medical Board
Effective Date: 6-6-22
On or about September 30, 2021, RICO filed a disciplinary action against Respondent alleging violations of HRS §§ 442-9(a)(5), 442-9(a)(6), 442-9(a)(14), 442-19 and 442-5, and HAR §§ 16-76-56(b)(27) and 16-76-56(b)(28). In 2020 and 2021, Respondent ran advertisements for services that promised to “reverse diabetes & heart disease” with no diet and exercise; ran advertisements that guaranteed patients using a laser weight-loss system would “instantly lose 1-2 inches without diet or exercise”; published statements that he won “Best of the Best Doctor Award from 2013-2020” without winning the award; ran advertisements that purported his clinic Honolulu Elite Chiropractic, LLC won the “Best Non-Surgical Cosmetic Clinic” in 2016-2019 even though Honolulu Elite Chiropractic, LLC did not exist until it was registered July 5, 2019; ran advertisements that purported the fat loss program was “Physician Supervised” when no physician was present; used the word “doctor” or the prefix “Dr.” in advertisements and his website without the word “chiropractor” or “D.C.” immediately following his name; and knowingly filed a written false statement with the DCCA in his 2018-2019 license renewal. (Board approved Settlement Agreement.)
MEDICAL BOARD
Respondent: Shannon P. Calhoun
Case Number: MED 2022-158-L
Sanction: $500 fine, license on probation for 5 years
Effective Date: 1-19-23
RICO alleges that on or about September 9, 2021, Respondent’s license was disciplined by the State of Colorado, suspending Respondent’s license for five years; that based on Colorado’s action, the State of Kentucky suspended Respondent’s license for five years; and that based on the Colorado order, various states took disciplinary action against Respondent’s licenses, in potential violation of HRS §§ 453-8(a)(4) and 453-8(a)(11). (Board approved Settlement Agreement.)
Respondent: Rudolph B. Puana
Case Number: MED 2019-32-L
Sanction: Voluntary surrender of license
Effective Date: 1-19-23
RICO alleges on or about September 12, 2022, Respondent was convicted on 39 counts of criminal charges in United States of America v. Rudolph B. Puana, Case No. 1:19CR00015-001, District of Hawaiʻi, United States District Court, and was sentenced to, inter alia, 90 months of imprisonment, three years of supervised release from imprisonment, a $50,000 fine, and $3,900.00 assessment, in potential violation of HRS §§ 453-8(a)(7), 453-8(a)(9), 453-8(a)(12), and 436B-19(8), and HAR §§ 16-85-112(1) and 16-85-112(3). (Board approved Settlement Agreement.)
MOTOR VEHICLE REPAIR INDUSTRY BOARD
Respondents: Island Performance and Off-Road Inc., dba Island Performance Cycles and
Jeffrey B. Quebral (Hawaiʻi)
Case Number: ARP 2022-22-L and ARP 2022-23-L
Sanction: $500 fine
Effective Date: 1-30-23
RICO alleges that on June 3, 2021, Respondent signed and notarized two written documents purporting to certify the safe operation of a 2018 Ford Transit 250 motor vehicle and 2013 Mazda Miata motor vehicle, prior to performing inspection or repair works on either vehicle, in potential violation of HRS § 437B-11(1). (Board approved Settlement Agreement.)
Respondent: Shelly Eurocars, LLC, dba BMW of Maui
Case Number: ARP 2022-24-L
Sanction: $750 fine
Effective Date: 1-30-23
RICO alleges that Respondent performed repair work on a customer’s vehicle and failed to provide a written estimate for the cost of the repair and, alternatively, did not obtain a written waiver of the estimate for repair work to be performed, in potential violation of HRS §§ 437B-11(6) and 437B-15(a). (Board approved Settlement Agreement.)
Respondents: Swati Banthia and Premkamal Spas, LLC dba Lotus Center
Case Number: MAS 2022-11-L
Sanction: $1,000 fine
Effective Date: 1-18-23
RICO alleges that on September 28, 2022, RICO conducted an onsite compliance check at Lotus Center, and during the compliance check observed Respondent, the principal massage therapist, was not present; a licensee designated by the therapist was not present; all the license pocket cards displayed were expired; and that an unlicensed massage therapist was engaging in massage therapy activity at Lotus Center, in potential violation of HRS §§ 452-24(a)(4) and 436B-19(16), and HAR §§ 16-84-11(b) and 16-84-15(d) as to Respondent Swati Banthia, and in potential violation of HRS §§ 452-24(a)(4) and HAR §§ 16-84-15(c), 16-84-15(d), and 16-84-15(f) as to Lotus Center. (Board approved Settlement Agreement.)
REAL ESTATE APPRAISER PROGRAM
Respondent: Arnel S. Dimagiba
Case Number: REA-2022-4-L
Sanction: $500 fine and automatic revocation of licenses without further hearing upon Respondent’s
failure to comply with the Settlement Agreement
Effective Date: 1-25-03
RICO alleges that on or about April 4, 2022, Respondent prepared an appraisal for a property incorrectly listing the contract sales price and opined the value as of that date to be $550,000, that on or about April 5, 2022, Respondent prepared an amended appraisal listing the correct contract sales price of and increasing his value opinion of the property to $600,000, that Respondent used the same three comparable sales in both appraisals in reaching two different value conclusions, and failed to include adequate, meaningful reconciliation commentary that allows the intended user to understand his final value conclusion for each report, in potential violation of HAR §16-114-106(4) and (5), and HRS § 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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William Nhieu
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Department of Commerce and Consumer Affairs
Office: (808) 586-7582