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DCCA Disciplinary Actions Report for July 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 May 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.

REAL ESTATE APPRAISER PROGRAM

Respondent:        Jerry J. Warren (Hawaii)

Case Number:     REA-2021-4-L

Sanction:             $600 fine and automatic revocation of licenses without further hearing upon Respondent’s failure to comply with the Settlement Agreement

Effective Date:     7-1-22

RICO alleges that Respondent prepared an appraisal on March 24, 2020, and an updated appraisal on November 2, 2020, determining there was no change in value, and failed to consider upward movement in the market by omitting new sales comparisons and failing to conduct a study to evaluate a time adjustment for sales between the two reports, in potential violation of USPAP Ethics Rule-Conduct: 1, 2, and 3, HRS § 436B-19(10), and HAR §16-114-106(4) and (5).  (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent:        Allison G. Krawza

Case Number:     RNS 2021-308-L

Sanction:             License revoked

Effective Date:     7-7-22

The Board adopted the Hearings Officer’s recommended decision and found and concluded that Respondent violated HRS §§ 436B-19(7), (8), (12), (13); and 457-12(a)(4), (6), (8), and (10).  (Boards Final Order after contested case hearing.)

Respondent:        Bryan P. Marzan

Case Number:     RNS 2022-26-L

Sanction:             $500 fine

Effective Date:     7-7-22

Respondent was disciplined by the Michigan Board and failed to timely report the action to the Board in violation of HRS § 457-12(a)(8) and (10).  (Board approved Settlement Agreement.)

Respondent:        Belinda Pate

Case Number:     RNS 2022-25-L

Sanction:             $1,000 fine

Effective Date:     7-7-22

RICO alleges that Respondent was disciplined by the Board of Nursing, State of California and reported the action more than 30 days after the order was issued in potential violation of HRS § 457-12(a)(8) and (10).  (Board approved Settlement Agreement.)

MEDICAL BOARD

Respondent:        Sean Y. Takeuchi

Case Number:     MED 2022-52-L

Sanction:             $500 fine

Effective Date:     7-14-22

RICO alleges that Respondent was disciplined by the Michigan Board of Medicine and failed to timely report the action to the Board, in potential violation of HRS §§ 453-8(a)(11) and 453-8(a)(14). (Board approved Settlement Agreement.)

Respondent:        Pradeepta Chowdhury

Case Number:     MED 2022-32-L (Hawaii)

Sanction:             $1,000 fine

Effective Date:     7-14-22

RICO alleges that Respondent was convicted of OVUII and did not disclose the petty misdemeanor conviction on his renewal application in potential violation of HRS § 453-8(a)(15). (Board approved Settlement Agreement.)

Respondent:        Terrance J.J. Kwiatkowski

Case Number:     MED 2022-23-L

Sanction:             $750 fine

Effective Date:     7-14-22

RICO alleges that Respondent was disciplined by the Nevada State Board of Medical Examiners and failed to timely report the action to the Board, in potential violation of HRS § 453-8(a)(11) and (14). (Board approved Settlement Agreement.)

Respondent:        Michael S. Dempsey

Case Number:     MED 2022-17-L

Sanction:             Voluntary surrender of license

Effective Date:     7-14-22

RICO alleges that Respondent was disciplined by the State of Georgia and failed to timely report the action to the Board, and was also disciplined by the State of Alabama, in potential violation of HRS § 453-8(a)(11) and (14). (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:        Pillpack LLC

Case Number:     PHA 2022-17-L

Sanction:             $500 fine

Effective Date:     7-14-22

RICO alleges that Respondent was disciplined by the State of Texas, in potential violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents:      Torres Roofing, LLC and Frank L. Torres (Hawaii)

Case Number:     CLB 2021-105-L

Sanction:             Restitution payment of $1,976 and $1,000 fine

Effective Date:     6-24-22

On or about January 12, 2022, RICO filed a Petition for Disciplinary Action Against Contractors’ Licenses of Respondents.  Respondents admit committing the violations alleged in the petition.  (Board approved Settlement Agreement.)

Respondents:      Pa’aluhi Builders LLC and Marcus B.K. Paaluhi

Case Number:     CLB 2021-62-L

Sanction:             $2,500 fine

Effective Date:     7-22-22

RICO alleges that Respondents entered into an agreement to renovate a residence and did not provide a written contract, or any written or verbal bond and lien disclosures, in potential violation of HRS §§ 444-25.5(b) and 444-25.5(b)(1), and HAR §§ 16-77-80(a), 16-77-80(a)(3), 16-77-80(a)(7), 16-77-71(a)(2), and 444-9.2(b).  (Board approved Settlement Agreement.)

BOARD OF MASSAGE THERAPY

Respondent:        Sutthinee Wiyanat

Case Number:     MAS 2021-26-L

Sanction:             $500 fine

Effective Date:     7-19-22

RICO alleges that Respondent failed to disclose disciplinary action and fines imposed on Respondent’s license when Respondent submitted her renewal application to the Board, in potential violation of HRS §§ 452-24(a)(1) and 452-24(a)(9).  (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondents:      Alina Productions, Inc. and Irene Ann Aroner (Maui)

Case Number:     REC 2021-188-L

Sanction:             $6,000 fine

Effective Date:     7-22-22

RICO alleges that Respondent Alina Productions, Inc. represented Respondent Irene Ann Aroner in the sale of a property.  Respondents misrepresented and omitted material facts regarding the loft and additional bathroom added to property, discrepancies between common interest square footage and number of bedrooms and bathrooms allocated to the property, all in potential violation of HRS §§ 467-14(13), 467-14(1), 467-14(18) and 467-14(20), and HAR §§ 16-99-3(a) and 16-99-3(b).  (Board approved Settlement Agreement.)

Respondent:        Crede Asset and Property Management, Inc. (Hawaii)

Case Number:     REC 2022-191-L

Sanction:             $500 fine

Effective Date:     7-22-22

RICO alleges that Respondent contracted with an unlicensed guard firm to provide guard services for Niu Malu Marketplace, in potential violation of HRS §§ 436B-19(6) and 436B-19(16).  (Board approved Settlement Agreement.)

Respondent:        Gloria Young Hee Kim

Case Number:     REC 2014-94-L

Sanction:             $2,500 fine

Effective Date:     7-22-22

RICO alleges that Respondent failed to disclose: a tax lien on her 2006 real estate brokerage application; a pending lawsuit on her renewal application for licensing period January 2012 to December 2014; and a pending investigation in case REC-2012-268-L on her renewal applications for licensing periods beginning January 2012 to December 2020 and January 2021 to December 2022, all in potential violation of HRS § 467-20. (Board approved Settlement Agreement.)

Respondent:        Tao E. Miller

Case Number:     REC 2017-317-L

Sanction:             $1,000 fine

Effective Date:     7-22-22

On or about October 6, 2021, RICO filed a disciplinary action against Respondent’s real estate license alleging Respondent violated HRS §§ 436B-19(2), 436B-19(17) and 467-20.  Board approved Settlement Agreement.)

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

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