DCCA DISCIPLINARY ACTIONS
(Through October 2022)
HONOLULU – 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 October 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 INDUSTRY LICENSING BOARD
Respondent: Island’s Best Auto Care LLC
Case Number: MVI 2022-1-L
Sanction: $500 fine
Effective Date: 8-16-22
RICO alleges Respondent permitted a person to negotiate sales terms and complete documents concerning the sale of a motor vehicle without being a licensed vehicle salesperson and permitted an unlicensed individual to act as a motor vehicle salesperson, in potential violation of HRS §§ 437-15 and 437-28(a)(15). (Board approved Settlement Agreement.)
BOARD OF PRIVATE DETECTIVES AND GUARDS
Respondents: Loomis Armored US LLC and Paul T. Luis
Case Number: PDG-2022-15-L
Sanction: $5,000 fine
Effective Date: 10-17-22
RICO alleges that pursuant to an investigation of an anonymous complaint that Respondents employed several unlicensed guards, RICO determined that Respondents employed several unlicensed guards in 2020-2021, in potential violation of HRS §§ 436B-19(6), 436B-19(16), and 463-8(b) and HAR § 16-97-7(b)(1). (Board approved Settlement Agreement.)
BOARD OF ELECTRICIANS AND PLUMBERS
Respondent: Devin C. Deuter (Maui)
Case Number: ENP-2021-34-L
Sanction: As a condition precedent to changing Respondent’s license to active status, comply with terms of sentence in Crim. No. 2CPC-17-0000232, report any changes regarding the terms and/or conditions of sentence, disclose sex offender status upon receipt of conditional offer of employment, and affirm action to mitigate risk
Effective Date: 10-11-22
RICO received a request for investigation after Respondent disclosed in his Renewal Application dated July 17, 2020, Respondent was convicted in the Circuit Court of the Second Circuit, State of Hawaii of sexual assault in the second degree on January 25, 2018, and sentenced for ten years, in potential violation of HRS § 436B-19(12). (Board approved Settlement Agreement.)
BOARD OF NURSING
Respondent: Kimberly E. Johnson, f.k.a., Kimberly R. Welch
Case Number: RNS 2021-404-L
Sanction: $750 fine; reprimand
Effective Date: 9-1-22
RICO filed a petition for disciplinary action against Respondent alleging violations of HRS §§ 457-12(a)(8) and 457-12(a)(10). (Board approved Settlement Agreement.)
Respondent: Carly R. Weddle (Maui)
Case Number: RNS 2021-307-L
Sanction: $300 fine
Effective Date: 10-6-22
RICO alleges that Respondent was disciplined by California State, in potential violation of HRS § 457-12(a)(8). (Board approved Settlement Agreement.)
Respondent: Katherine L. Cox
Case Number: RNS 2021-114-L
Sanction: Revocation of license
Effective Date: 10-6-22
The Board adopted the Hearings Officer’s recommended decision and found and concluded that Respondent violated HRS §§ 457-12(a)(4), (6), (8), and (10); as well as 436B-19(4), (7), (13), (15) and (17); and HAR § 16-89-60(5)(7)(A and B). (Boards Final Order after contested case hearing.)
BOARD OF PSYCHOLOGY
Respondent: Thomas A. Cummings
Case Number: PSY 2021-10-L
Sanction: $500 fine
Effective Date: 10-28-22
RICO alleges that in or about April 2021, Respondent submitted a letter to Family Court regarding one of his patients, the defendant in a child custody and divorce proceeding, in which Respondent made factual statements and expressed his opinions, conclusions, and recommendations about the custody and “emotional well-being” of the parties’ children, without first personally interviewing the children or the opposing party-plaintiff, in potential violation of HRS § 465-13(a)(3) and HAR §§ 16-98-34(c) and 16-98-34(c)(1). (Board approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondents: HD Construction Corporation and Harry J. Duronslet (Kauai)
Case Number: CLB 2022-5-L
Sanction: $10,000
Effective Date: 10-21-22
RICO alleges that in June 2018, Respondent entered into a written contract for residential construction at a total cost of $450,000 to be completed within 365 days, that the written contract failed to include required disclosures of lien and bond rights and the contractor right to repair, that as of October 2021, Respondents had not completed construction after being paid in full plus $160,000 additional payments, that Respondents failed to complete the project with reasonable diligence after receiving payment of the full sum due under the written contract, and that Respondents abandoned the project without legal excuse, in potential violation of HRS §§ 444-17(3), 444-17(11), and 444-25.5 along with HAR §§ 16-77-79(a)(5), 16-77-71, and 16-77-75. (Board approved Settlement Agreement.)
Respondents: Purair Hawaii II, Ltd. and Patrick D. Senckowski
Case Number: CLB 2021-372-L
Sanction: $4,500, cessation of collection activities against Credo LLC-Hawaii and Abron Toure, correction of invoices
Effective Date: 10-21-22
RICO received a complaint that Respondents wrongfully demanded payment from Credo LLC-Hawaii, property management company for Nauru Tower, in connection with services performed on a unit. Respondents provided a “proposal/report” for Nauru Tower, which Credo forwarded to owners. Respondents directed invoices to Credo for work a unit owner authorized and remitted payments to Respondents. When a dispute arose between owner and Respondents regarding invoice balance, Respondents did not amend the invoices and sent Credo a demand letter naming Credo as a debtor. RICO alleges Respondents failed to provide a written contract with required written disclosures, signed by the contractor and homeowner; failed to sign or initial contract between Respondents and unit owner; unfairly named Credo as a debtor despite an absence of contractual privity between Credo and Respondents; and sent a demand letter to Credo threatening collection, in potential violation of HRS §§ 444-17(2), 444-17(12), 444-25.5, 436B-19(7), 436B-19(8), and 436B-19(9) along with HAR §§ 16-77-80 and 16-77-71(a)(2). (Board approved Settlement Agreement.)
BOARD OF BARBERING AND COSMETOLOGY
Respondents: Nezamloo and Besario Inc. dba Lily’s Nail Spa and Hair Salon and
Jill R. Besario
Case Number: BAR 2022-76-L
Sanction: $1,000 fine
Effective Date: 10-25-22
RICO alleges that Respondents permitted Phuong Thi Mai Nguyen to practice manicure and Huiyun L. Pua to practice pedicure for compensation without a beauty operator license and failed to verify whether Nguyen and Pua had beauty operator licenses. RICO further alleges Respondents failed to display proofs of licensure, in potential violation of Act 73, HRS § 436B-19(6), and HAR § 16-78-6. (Board approved Settlement Agreement.)
MEDICAL BOARD
Respondent: John J. Pershing
Case Number: MED 2022-175-L
Sanction: $750 fine
Effective Date: 10-13-22
RICO alleges that Respondent was disciplined by the Kansas State Board of Healing Arts 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: Gavin T. Oyadomari
Case Number: MED 2022-72-L (Hawaii)
Sanction: $500 fine
Effective Date: 10-13-22
Respondent took an Advance Medical Life Support (AMLS) course as part of his continuing education requirements to maintain his license and in March of 2022, Respondent falsified his AMLS certification by changing the issue date on his certificate, in potential violation of HRS § 453-8(a)(6). (Board approved Settlement Agreement.)
Respondent: John M. Kurap (Hawaii)
Case Number: MED 2022-16-L
Sanction: $1,000 fine
Effective Date: 10-13-22
On or about February 5, 2019, Respondent was convicted of the petty misdemeanor offense of Fail to Appear in the District Court of the Third Circuit, State of Hawaii. RICO alleges that Respondent electronically renewed his medical license on or about January 7, 2020 and answered “no” to the renewal application question, “During the past two years, have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in potential violation of HRS § 453-8(a)(15). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondents: Aloha Dream Vacations, Inc. and Heidi M. Venable, n.k.a. Heidi M. Schroeder
Case Number: REC 2017-44-L
Sanction: License revocation
Effective Date: 10-21-22
On May 17, 2022, RICO filed a petition for disciplinary action against Respondents’ real estate licenses alleging Respondents violated HRS §§ 436B-19(2), 436B-19(17), 467-1.6(b)(2), 467-14(1), 467-14(3), 467-14(7), 467-14(8), 467-14(16), 467-14(20) and HAR §§ 16-99-3(a), 16-99-3(b), and 16-99-3(v). (Board approved Settlement Agreement.)
Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/
