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 June 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 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 ELECTRICIANS AND PLUMBERS
Respondent: Christian M. K. Rabang
Case Number: ENP 2020-18-L
Sanction: $1,000 fine
Effective Date: 6-1-21
RICO alleges that Respondent entered into a contract with a homeowner to do electrical work for compensation without possessing the required C-13 (electrical) specialty license. RICO also alleges that Respondent failed to complete the contracted electrical work, in possible violation of HRS §§ 436B-19(6) and 448E-10(a)(2). (Board approved Settlement Agreement.)
BOARD OF PHARMACY
Respondent: KEBD Enterprises, LLC dba Belmar Pharmacy
Case Number: PHA 2020-110-L
Sanction: $500 fine
Effective Date: 6-17-21
RICO alleges that Respondent was disciplined by the State of Alabama and failed to timely report the action to the Board, in possible violation of HRS § 436B-19(15). (Board approved Settlement Agreement.)
Respondent: UBC Pharmacy LLC
Case Number: PHA 2020-121-L
Sanction: $500 fine
Effective Date: 6-17-21
RICO alleges that Respondent timely notified the Board that it had entered into a Stipulation and Final Order dated March 23, 2020 with the Colorado Board of Pharmacy to resolve allegations that Respondent failed to timely submit an application notifying the Colorado Board of Pharmacy of a change in pharmacist manager, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: Drug Depot, Inc., dba APS Pharmacy
Case Number: PHA 2020-115-L
Sanction: Voluntary surrender of license
Effective Date: 6-17-21
RICO alleges that Respondent was disciplined by the States of Missouri, Kansas, Oklahoma, Alabama, California, Colorado, Iowa, Michigan, Minnesota, Oregon, Texas and Illinois, and failed to timely report the actions to the Board, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
Respondent: Safeway Inc.
Case Number: PHA 2020-22-L
Sanction: $1,000 fine
Effective Date: 5-20-21
RICO alleges that Respondent was disciplined by the State of California, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: 904 Prospect Pharmacy, Inc., dba BOCA Pharmacy
Case Number: PHA 2020-73-L
Sanction: $500 fine
Effective Date: 5-20-21
RICO alleges that Respondent was disciplined by the State of North Carolina, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: IHS ACQUISITION XXX, INC., dba THERACOM
Case Number: PHA 2020-106-L
Sanction: $1,500 fine
Effective Date: 5-20-21
RICO alleges that Respondent was disciplined by the States of Maine and Kentucky and failed to timely report the Maine action to the Board, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
Respondent: Heritage Biologics, Inc.
Case Number: PHA 2021-11-L
Sanction: $500 fine
Effective Date: 5-20-21
RICO alleges that Respondent timely reported to the Board of being disciplined by the Maine Board of Pharmacy, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
BOARD OF CHIROPRACTIC
Respondent: Frank J. Cuozzo
Case Number: CHI 2020-21-L
Sanction: Voluntary surrender of license
Effective Date: 6-30-21
RICO alleges that Respondent did not complete his continuing education requirements for the 2018-2019 biennium despite certifying that he did, in possible violation of HRS § 442-9(a)(11). (Board approved Settlement Agreement.)
HAWAII MEDICAL BOARD
Respondent: Victoria H. Mohr, M.D.
Case Number: MED 2020-119-L
Sanction: $500 fine
Effective Date: 6-10-21
RICO alleges that on or about June 8, 2018, Respondent was disciplined by the California Medical Board which was premised upon discipline issued by the Colorado Medical Board, in possible violation of HRS § 453-8(a)(11). (Board approved Settlement Agreement.)
Respondent: Hanna Q. Rhee, M.D.
Case Number: MED 2020-6-L
Sanction: License revocation
Effective Date: 6-10-21
The Board adopted the Hearings Officer’s recommendation regarding its authority to order discipline pursuant to HRS § 453-8.6 based upon prima facie evidence that Respondent’s medical licenses were disciplined in California and Virginia. The Board also adopted the Hearings Officer’s conclusion that Respondent’s lack of fitness to practice medicine competently and safely outweighed any evidence of rehabilitation. The Board concluded that Respondent’s mental condition, as exhibited in her oral argument before it on May 13, 2021, and concluded by the Hearings Officer’s Recommended Order, does not demonstrate that she is fit to engage in the practice of medicine. (Board’s Final Order after contested case hearing.)
CONTRACTORS LICENSE BOARD
Respondents: Roto-Rooter Services Company and Federico Y. Gampong
Case Number: CLB 2020-330-L
Sanction: $50,000 fine
Effective Date: 6-25-21
RICO alleges that between June and September 2020, Respondent Roto-Rooter assigned and Respondent Gampong allowed more than a dozen unlicensed plumbing apprentices and service technicians to perform plumbing work at more than 200 plumbing jobs in the City and County of Honolulu, State of Hawaii, without a properly-licensed plumber accompanying or supervising them in the performance of that plumbing work. RICO also alleges that none of the contracts or invoices for the referenced plumbing jobs disclosed all information required by Hawaii law, nor did Respondent Gampong sign or initial those contracts or invoices, all in possible violation of HRS §§ 436B-19(6), 436B-19(16), 444-9.3, 444-9.5 and 444-25.5 and HAR §§ 16-77-80,16-77-71(a)(1), 16-77-71(a)(2) and 16-77-71(a)(5). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondent: Marion Nalani Kukua
Case Number: REC 2019-110-L
Sanction: License revocation
Effective Date: 6-25-21
The Commission adopted the Hearings Officer’s Recommended Order as the Commission’s Final Order and found and concluded that Respondent violated HRS §§ 436B-19(8), 436B-19(14), 467-14(6), 467-14(8) and 467-14(20) and HAR § 16-99-3(b). (Commission’s Final Order after contested case hearing.)
Respondent: Lyniel C. Berris, aka Lyniel N. Choy, dba Rainbow Realty International
Case Number: REC 2017-84-L
Sanction: Probation 1 year, $5,000 fine and complete continuing education courses
Effective Date: 6-25-21
The Commission adopted the Hearings Officer’s Recommended Order as the Commission’s Final Order and found and concluded that Respondent violated HRS §§ 467-1.6(b)(1), 467-14(13), 467-14(15) and 467-14(20) and HAR §§ 16-99-3(b), 16-99-3(e) and 16-99-4(h).
(Commission’s Final Order after contested case hearing.)
Respondent: Daniel J. Cretton (Hawai’i)
Case Number: REC 2020-233-L
Sanction: $1,500 fine
Effective Date: 6-25-21
RICO alleges that Respondent was convicted of the class-C felony offenses Assault in the Second Degree and Terroristic Threatening in the First Degree and failed to report the convictions to the Commission within 30 days, in possible violation of HRS §§ 436B-16(a), 436B-19(2), 436B-19(14) and 436B-19(17). (Commission approved Settlement Agreement.)
Respondent: Robalyn M. Silver, aka Robyn Marie Silver
Case Number: REC 2021-62-L
Sanction: $1,500 fine
Effective Date: 6-25-21
RICO alleges that Respondent engaged in and earned commissions from real estate transactions from January 1, 2019 through December 4, 2020 while her license was on delinquent status, in possible violation of HRS § 467-7 (Commission approved Settlement Agreement.)
Respondent: Kersten K. Alston
Case Number: REC 2021-63-L
Sanction: $1,500 fine
Effective Date: 6-25-21
RICO alleges that Respondent is the principal broker for Alston Group LLC which employed Robalyn M. Silver aka Robyn Marie Silver as a real estate salesperson. Robalyn M. Silver aka Robyn Marie Silver allegedly engaged in and earned commissions from real estate transactions from January 1, 2019 through December 4, 2020 while her license was on delinquent status. RICO alleges that Respondent failed to have direct management and supervision of its real estate licensees and failed to ensure that the licenses of all associated real estate licensees are current and active, in possible violation of HRS §§ 467-1.6(a) and 467-1.6(b)(7). (Commission approved Settlement Agreement.)
Respondent: Ryota Seki
Case Number: REC 2020-352-L
Sanction: $2,000 fine
Effective Date: 6-25-21
RICO alleges that on October 20, 2008, Respondent was convicted of the criminal petty misdemeanor offense of Operating a Vehicle Under the Influence of an Intoxicant (“OVUII”). RICO alleges that on February 27, 2012, Respondent was convicted of the criminal misdemeanor offense of Criminal Trespass in the First Degree (“CT-1”). RICO alleges that Respondent failed to disclose the OVUII conviction on his November 2008 application for real estate salesperson’s license, and failed to disclose the OVUII and CT-1 convictions on his August 2019 application for real estate broker’s license, in possible violation of HRS §§ 436B-19(2), (5), (12), (14) and (17) and 467-20. (Commission approved Settlement Agreement.)
Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/