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 2021 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 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 MASSAGE THERAPY

Respondent:     Gregory W. Payne

Case Number:   MAS 2019-54-L

Sanction:          License revocation

Effective Date: 4-6-21

The Board adopted the Hearings Officer’s recommended decision and concluded that Respondent violated HRS §§ 452-24(a)(6) and (8) and 436B-19(8), (9), (12) and (17).  (Board’s Final Order after contested case hearing.)

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:     Jim Falk Motors of Maui (Maui)

Case Number:   MVI 2020-18-L

Sanction:          $500 fine

Effective Date: 4-13-21

On or about November 27, 2020, RICO filed a Petition for Disciplinary Action alleging Respondent violated, in part the following statutes and/or rules:  HRS §§ 286-52(b), 436B-19(17), 437-12(a), 437-28(a)(2) and 437-28(a)(13).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondent:     Ryan A. Thompson, formerly dba Pro Solar Hawaii (Hawai’i)

Case Number:   CLB 2015-231-L

Sanction:          $2,500 fine

Effective Date: 4-23-21

RICO alleges that Respondent failed to include all required information and disclosures in the contract for the Project, in possible violation of HRS § 444-25.5 and HAR §§ 16-77-80 and 16-77-97.  (Board approved Settlement Agreement.)

Respondent:     Holika Manupule dba DSK Contractor (Kauai)

Case Number:   CLB 2020-315-L

Sanction:          $500 fine

Effective Date: 4-23-21

RICO alleges that Respondent entered into a written contract to construct a wall at a home in Koloa, Hawaii, but did not provide the homeowner with verbal or written disclosures regarding lien or bonding rights, in possible violation of HRS § 444-25.5(a) and (b) and HAR § 16-77-80.  (Board approved Settlement Agreement.)

Respondents:  All in One Construction Inc. and Philip E. Blake

Case Number:   CLB 2019-255-L

Sanction:          Voluntary surrender of licenses

Effective Date: 4-23-21

RICO alleges that Respondent All in One Construction Inc. (“AIO”) failed to make and keep records showing all contracts, documents, records, receipts, and disbursements by a licensee for a period of three years after completion, in possible violation of HRS § 444-17(7).  RICO alleges that Respondent Philip E. Blake (“Blake”) failed to have direct management of Respondent AIO and Richard Januzzi, in possible violation of HAR § 16-77-70(b).  RICO alleges that Respondent Blake, as RME for Respondent AIO, was not familiar with the contracts entered into by Respondent AIO, in possible violation of HAR § 16-77-71(a)(2).  RICO alleges that Respondent Blake failed to see that records were kept for the contract with Complainant, in possible violation of HAR § 16-77-71(a)(3).  RICO alleges that Respondent Blake was not present in Hawaii during the time the project was under construction, in possible violation of HAR § 16-77-71(a)(4). (Board approved Settlement Agreement.)

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS

Respondent:     Alan I. Hiranaka (Kauai)

Case Number:   ENG 2019-35-L and ENG 2019-40-L

Sanction:          $3,000 fine

Effective Date: 4-29-21

RICO alleges that three (3) small claims court judgments were entered against Respondent in 2019 based on Respondent’s failure to complete a condominium map for Respondent’s client(s) and Respondent failed to report the judgments to the Board within 30 days, in possible violation of HRS §§ 436B-16 and 436B-19(8).  (Board approved Settlement Agreement.)

Respondent:     Lloyd Kazuhiko Maki

Case Number:   ENG 2019-9-L

Sanction:          Voluntary surrender of license

Effective Date: 4-29-21

RICO alleges that Respondent failed to complete continuing education credits for the renewal of his architect’s license, in possible violation of HRS § 464-9.  (Board approved Settlement Agreement.)

Respondent:     Bradley A. Burke

Case Number:   ENG 2019-12-L

Sanction:          $500 fine

Effective Date: 4-29-21

RICO alleges that Respondent failed to complete the continuing education credits required for the renewal of his architect’s license prior to April 30, 2018, in possible violation of HRS § 464-9.  (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:     Bradley Y. Saguid

Case Number:   REC 2019-160-L

Sanction:          $1,000 fine

Effective Date: 4-23-21

On or about October 7, 2020, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statutes and/or rules:  HRS §§ 436B-19(2), 436B-19(17) and 467-20.  (Commission approved Settlement Agreement.)

Respondents:  Judy Sobin and Judy Sobin Real Estate, LLC dba Judy Sobin & Associates

Case Number:   REC 2020-329-L

Sanction:          $750 fine

Effective Date: 4-23-21

RICO alleges that Respondents utilized the principal broker’s home as the place of business from March to September in 2020.  Respondents allegedly had two real estate salespersons who were not household members employed under the home occupation in violation of the City & County of Honolulu’s Land Use Ordinance Sec. 21-5.350(b), in possible violation of HRS §§ 467-12(a) and 467-14(13) and HAR § 16-99-2.  (Commission approved Settlement Agreement.)

Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/