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DCCA Disciplinary Actions Report for August 2022

by Thunda

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 August 2022 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.

MOTOR VEHICLE REPAIR INDUSTRY BOARD

Respondents:      LS Automotive Repair & Transmission LLC

Case Number:     ARP 2022-21-L

Sanction:             $500 fine

Effective Date:     7-28-22

RICO alleges Respondent failed to provide Complainant with a written estimate for the cost of an engine 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.)

CONTRACTORS LICENSE BOARD

Respondents:      Central Striping Service Inc and James R. Lesniewski

Case Number:     CLB 2022-80-L

Sanction:             $2,375 fine

Effective Date:     8-18-22

RICO alleges that Respondents failed to pay one employee the prevailing wage, in potential violation of HRS § 104-2(b), failed to pay eight employees’ overtime, in potential violation of HRS § 104-2(c), and failed to submit weekly certified copies of payroll to the contracting agency, in potential violation of HRS § 104-3(a).  Together with the above allegations, RICO further alleges that Respondents failed to timely notify the Board of a Notification of Violation issued by the State of Hawaii Department of Labor and Industrial Relations—Wage Standards Division, in potential violation of HRS §§ 444-17-(6) and 436B-16(a) and HAR §§ 16-77-71 and 16-77-75.  (Board approved Settlement Agreement.)

Respondents:      Dickinson-Cameron Construction Company, Inc. and Ronald G. Gordines

Case Number:     CLB 2015-171-L

Sanction:             $25,000 fine

Effective Date:     8-18-22

RICO alleges that Respondents entered into a contract with an unlicensed company to install acoustic panels in the Cartier Store located at the Ala Moana Shopping Center, and that Respondents did not possess a C-1 (acoustical and insulation) specialty classification, in potential violation of HRS §§ 444-17(17), 423B-19(6), and 444-23(a).  (Board approved Settlement Agreement.)

Respondent:        Albert Selga

Case Number:     CLB 2022-281-L

Sanction:             Voluntary surrender of license

Effective Date:     8-18-22

RICO alleges that in January 2020, Respondent entered into an agreement to perform plumbing activity at a residence, and engaged in plumbing activity without possessing a plumbing license or a C-37 (plumbing) specialty classification license, in potential violation of HRS § 444-23(a).  (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:        Joerns, LLC

Case Number:     PHA 2022-47-L

Sanction:             $500 fine

Effective Date:     8-18-22

RICO alleges that Respondent was disciplined by the State of Idaho and failed to timely report the action to the Board, in potential violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondents:      Caesar Paet and Cadmus Properties Corporation

Case Number:     REC 2021-228-L

Sanction:             $1,500 fine

Effective Date:     8-26-22

Respondents undertook activities requiring licenses between January 1, 2021–when Respondents’ brokers’ licenses expired and or were forfeited, until approximately June 10, 2021, when Respondents restored their licenses, in violation of HRS §§ 467-1.6(b)(7). (Board approved Settlement Agreement.)

Respondent:        James A. Cole (Maui)

Case Number:     REC 2018-343-L

Sanction:             $1,600 fine

Effective Date:     8-26-22

On or about December 28, 2021, RICO filed a disciplinary action against Respondent’s real estate license alleging Respondent violated HRS §§ 436B-19(7), 436B-19(8), 436B-19(17), and 467-14(13) and HAR § 16-99-3(f).  (Board approved Settlement Agreement.)

BOARD OF BARBERING AND COSMETOLOGY

Respondent:        William J. Quebido

Case Number:     BAR 2021-10-L

Sanction:             $1,000 fine

Effective Date:     8-30-22

RICO alleges that Respondent was convicted of OVUII on or about August 6, 2019, and that Respondent answered “no” to the question “In the past two years have you been convicted of a crime in which the conviction has not been annulled or expunged?” on his 2018 application and 2020 renewal application, in potential violation of HRS §§ 439-19(a)(1) and 439-19(a)(9).  (Board approved Settlement Agreement.)

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

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