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 February 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.
BOARD OF DENTISTRY
Respondent: Lilly L. Geyer, D.D.S. fka Lilly L. Tsou, D.D.S.
Case Number: DEN 2016-4-L
Sanction: Voluntary relinquishment of license for five (5) years from the effective date of the Order.
Effective Date: 2-7-22
On or about September 16, 2016, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statute(s) and/or rule(s): HRS §§ 448-17(b)(10), 448-17(b)(12), 436B-19(7), and 436B-19(12). (Board-approved Settlement Agreement.)
BOARD OF PHARMACY
Respondent: Honeybee Health, Inc.
Case Number: PHA 2021-49-L
Sanction: $500 fine
Effective Date: 2-10-22
RICO alleges that Respondent was disciplined by the State of Idaho, in potential violation of HRS § 436B-19(13). (Board-approved Settlement Agreement.)
BOARD OF NURSING
Respondent: Ann M. Barrios
Case Number: RNS 2021-377-L
Sanction: Surrender of License and Five-Year Prohibition on Applying for a New License
Effective Date: 2-3-22
On August 25, 2021, RICO filed a Petition for Disciplinary Action against Respondent’s nursing license alleging that Respondent violated HRS §§ 457-12(a)(8) and 457-12(a)(10). (Board-approved Settlement Agreement.)
Respondent: Coretta A. Mathie
Case Number: RNS 2021-362-L
Sanction: Voluntary Surrender of License
Effective Date: 2-3-22
RICO alleges that Respondent was disciplined by the States of Florida and Arizona and failed to report the Florida disciplinary action to the Board within 30 days, in potential violation of HRS §§ 457-12(a)(8) and 457-12(a)(10). (Board-approved Settlement Agreement.)
BOARD OF MASSAGE THERAPY
Respondent: Kenneth A. Kotner (Hawai’i)
Case Number: MAS 2021-24-L
Sanction: $1,500 fine and probation for three (3) months
Effective Date: 2-2-22
RICO alleges that Respondent engaged in unprofessional conduct with respect to a patient, in potential violation of HRS § 452-24(a)(5). (Board-approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondents: Gundaker Works, LLC; and William K. Gundaker
Case Number: CLB 2020-198-L
Sanction: $2,500 fine
Effective Date: 2-25-22
RICO alleges that Respondents’ contract to renovate a residence in Kailua, Hawaii did not include all of the required information and disclosures, in potential violation of HRS § 444-25.5 and HAR §§ 16-77-71 and 16-77-80. (Board-approved Settlement Agreement.)
Respondents: Quality Design/Build Incorporated and Darren S. Wada
Case Number: CLB 2020-417-L
Sanction: $2,500 fine
Effective Date: 2-25-22
RICO alleges that Respondents’ contract to renovate a residence in Aiea, Hawaii did not specify the date that work was to commence, in potential violation of HRS § 444-25.5 and HAR §§ 16-77-80(a)(3), 16-77-71(a)(5) and 16-77-75(a). (Board-approved Settlement Agreement.)
Respondents: Masterpiece Flooring LLC, and William T. Valdez
Case Number: CLB 2021-227-L
Sanction: $750 fine
Effective Date: 2-25-22
RICO alleges that Respondents failed to provide a written contract, invoice or receipt for the purchase of additional wood flooring at Respondents’ recommendation, in potential violation of HRS §§ 444-25.5(a)(3) and 444-25.5(b)(1) and HAR §§ 16-77-80(a)(4), 16-77-71 and 16-77-75. (Board-approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondent: Ward L. Soto
Case Number: REC 2021-352-L
Sanction: $1,000 fine
Effective Date: 2-25-22
RICO alleges that on or about October 5, 2005, Respondent was convicted of Driving Under the Influence by Impairment. Despite the conviction, RICO alleges that on his initial application for broker’s license dated May 14, 2018, Respondent answered “no” to question 2 which asked, “During the past 20 years, have you ever been convicted of a crime where there has not been an order annulling or expunging the conviction?”, in possible violation of HRS §§ 436B-19(2), (5), (12), (14) and (17) and 467-20. (Board-approved Settlement Agreement.)
Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/