RELEASE: DCCA DISCIPLINARY ACTIONS (THROUGH OCTOBER 2023)
Posted on Nov 29, 2023 in Latest Department News, Newsroom
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
KA ʻOIHANA PILI KĀLEPA
Office of Administrative Hearings
JOSH GREEN, M.D.
GOVERNOR | KIAʻĀINA
NADINE Y. ANDO
DIRECTOR | KA LUNA HOʻOKELE
FOR IMMEDIATE RELEASE
November 29, 2023
DCCA DISCIPLINARY ACTIONS
(Through October 2023)
HONOLULU – The State Department of Commerce and Consumer Affairs (DCCA) and its respective State Boards and Commissions released a summary of disciplinary actions through the month of October 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 expense 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.
RESPIRATORY THERAPIST PROGRAM
Respondent: Candice E. Hollimon
Case Number: RTP 2023-0002-L
Sanction: $1,000 fine
Effective Date: 10-12-23
RICO alleges that Respondent was disciplined by the State of California and did not notify the program of the disciplinary action, and that Respondent indicated “No” on Respondent’s May 9, 2023 renewal application inquiring whether Respondent’s license had been disciplined in this state or any other jurisdiction since the last application/renewal, in potential violation of HRS §§ 436B-19(2), 466D-11(a)(4), 466D-11(a)(11) and 466D-11(a)(13). (Board approved Settlement Agreement.)
MEDICAL BOARD
Respondent: Frances D. Filgas
Case Number: MED 2023-11-L
Sanction: Voluntary surrender of license
Effective Date: 10-12-23
RICO alleges that Respondent was disciplined by the State of California and failed to timely report the disciplinary action to the Board, in potential violation of HRS §§ 453-8(a)(11) and 453-8(a)(14). (Board approved Settlement Agreement.)
Respondent: Paul A. Kaiwi, Jr.
Case Number: MED 2020-200-L
Sanction: Stipulated license revocation
Effective Date: 10-12-23
RICO alleges that Respondent was convicted in the U.S. District Court for the District of Hawai‘i of the felony offense of distributing and dispensing a controlled substance outside the usual course of professional practice and without a legitimate medical purpose, in violation of HRS § 453-8(a)(12). (Board approved Settlement Agreement.)
SOCIAL WORKER LICENSING PROGRAM
Respondent: Jay F. Pinkerton
Case Number: RSW 2023-0010-L
Sanction: 42 Credit Hours of Continuing Education (CE)
Effective Date: 10-24-23
RICO alleges that Respondent was required to complete 45 CE with at least 3 CE in ethics for the July 1, 2019 to June 30, 2022 triennium period, was audited and required to submit written proof of the CE requirements, submitted proof of 22.5 CE and 0 ethics CE during the triennium period, and that only 3 of the 22.5 CE Respondent completed during the triennium period were approved, in potential violation of HRS §§ 467E-11(c)(2), 467E-12(a)(1), 467E-12(a)(4) and 467E-12(a)(14). (Board approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondent: Wave Builders, LLC
Case Number: CLB 2023-24-L + 7 cases
Sanction: Voluntary license revocation
Effective Date: 10-20-23
RICO alleges it received several complaints that Respondent failed to complete residential projects and refund monies for work not completed, that Respondent closed down the business, and that Wesley G. Chun, Respondent’s Responsible Managing Employee (RME) has filed for bankruptcy, all in potential violation of HRS §§ 444-17(1), 444-17(3), 444-17(11) and 444-17(13). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondents: Charlotte K. Graham and Graham Properties, Inc.
Case Number: REC 2019-580-L
Sanction: $4,000 fine
Effective Date: 10-27-23
RICO alleges that Respondents hired an unlicensed contractor to perform renovation and remodeling work for an apartment under Respondent’s management, the value of work exceeding $1,000, in potential violation of HRS § 436B-19(6). (Board approved Settlement Agreement.)
Respondents: IVIII LLC and Wayne Richardson III (Kauaʻi)
Case Number: REC 2023-55-L
Sanction: $1,000 fine
Effective Date: 10-27-23
RICO alleges that Respondents received a written request from an AOAO unit owner from the Association of Apartment Owners of Līhuʻe Townhouse, a property Respondents were managing, and that Respondents untimely provided the documents, records and information requested, in potential violation of HRS §§ 514B-154.5(c) and 467-14(13). (Board approved Settlement Agreement.)
Respondents: Earl Thacker Limited, Peter E. Thacker and Linda M. Rohr
Case Number: REC 2022-341-L
Sanction: $2,000 fine
Effective Date: 10-27-23
RICO alleges that Respondents had an Agency Agreement with Complainant, that Complainant and Respondents entered into an oral agreement to vary the terms of the Agency Agreement, Complainant later disavowed the oral agreement, and Respondents failed to document the oral agreement in writing. RICO further alleges that the “Special Terms” of the rental agreement between tenant and Respondent providing “Tenant has the option to continue this lease up to 3 years without notice,” was in apparent violation of the Agency Agreement, all in potential violation of HRS §§ 467-14(20) and 467-14(13) and HAR 16-99-3(f). (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
Office: 808-586-7582