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 March 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.
PEST CONTROL BOARD
Respondents: Zac’s Fumigation, Inc., a dissolved corporation, and Norman Lani, RME (Maui)
Case Number: PCO 2019-14-L
Sanction: $1,000 fine
Effective Date: 8-10-20
RICO alleges that Respondents failed to honor the certificate of warranty and that Respondents failed to provide a written inspection report prior to commencement of work on a contract for the control of termites, in possible violation of HRS §§ 460J-15(a)(1) and 460J-19(b). (Board approved Settlement Agreement.)
BOARD OF PHYSICAL THERAPY
Respondent: Eric Torres
Case Number: PTS 2020-12-L
Sanction: Reprimand
Effective Date: 3-9-21
RICO alleges that Respondent did not timely complete continuing competence units in the two years preceding his 2018 renewal, with one (1) course having been completed on or about March 5, 2019, in possible violation of HRS §§ 461J-10.1(a) and 461J-10.15(d). (Board approved Settlement Agreement.)
BOARD OF CHIROPRACTIC
Respondent: Betsy Carpenter, D.C.
Case Number: CHI 2020-10-L
Sanction: Agreement not to practice or renew license
Effective Date: 3-4-21
Respondent failed to complete at least 20 hours of board-approved CE within 24 months of license renewal, in possible violation of HAR § 16-76-38(a) and HRS § 436B-19(17). (Board approved Settlement Agreement.)
Respondent: Dale K. Yamauchi, D.C.
Case Number: CHI 2020-6-L
Sanction: License probation for 1 year, $2,000 fine, and complete continuing education
Effective Date: 3-12-21
RICO alleges that Respondent tapped or patted the right buttock of his female patient and made inappropriate comments during the chiropractic session, in possible violation of HRS §§ 442-9(a)(12), 436B-19(7) and 436B-19(9). (Board approved Settlement Agreement.)
Respondent: Nathan Varano, D.C.
Case Number: CHI 2020-29-L
Sanction: $500 fine and complete continuing education
Effective Date: 3-12-21
RICO alleges that Respondent completed more than 20 CEs between January 1, 2018, to December 31, 2019; however, he was unaware that only 10 of the CEs he completed would be accepted by Hawaii, in possible violation of HRS § 436B-19(17) and HAR § 16-76-38(a). (Board approved Settlement Agreement.)
Respondent: Shelley D. Kasprick, D.C.
Case Number: CHI 2020-15-L
Sanction: $150 fine and complete continuing education
Effective Date: 3-12-21
RICO alleges that Respondent provided RICO with certificates documenting completion of a total of twenty-two credit hours of CE that Respondent completed prior to the renewal deadline of December 31, 2019, however, 8 of these credit hours were in courses that were not Board-approved, in possible violation of HRS § 436B-19(17) and HAR § 16-76-38(a). (Board approved Settlement Agreement.)
Respondent: Paul M. Nakamoto, D.C.
Case Number: CHI 2020-28-L
Sanction: $1,000 fine and complete continuing education
Effective Date: 2-1-21
RICO alleges that Respondent failed to file with the Board a certificate of completion of at least 20 hours in continuing education programs completed within the licensing period beginning January 1, 2018, and ending December 31, 2019, before the renewal deadline, as required by HAR § 16-76-38(a), in possible violation of HRS §§ 442-9(a)(11) and 442-9(a)(14) and HAR § 16-76-38(a). (Board approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondents: Ono Construction LLC and Harry Cornish
Case Number: CLB 2020-299-L
Sanction: $500 fine and compliance with DOTAX installment payment plan
Effective Date: 1-22-21
RICO alleges that Respondents failed to comply with the terms of a conditional payment plan with the DOTAX, in possible violation of HRS §§ 444-17(21) and 436B-19(1). (Board approved Settlement Agreement.)
Respondent: Jadelynn P. Summo
Case Number: CLB 2019-482-L
Sanction: $2,500 fine
Effective Date: 1-22-21
RICO alleges that Respondent’s construction contract did not contain several required provisions, including the work start date and number of days for work completion, lien rights, and contractor bonding. RICO also alleges that Respondent’s trade name, JC Pacific LLC is not properly registered with DCCA or properly filed with the Board, all in possible violation of HRS §§ 444-17(12) and 444-25.5(b)(1) and HAR §§16-77-8(a) and 16-77-80. (Board approved Settlement Agreement.)
Respondents: HPS Construction Services, Ltd. and Derek Y. Nakamura
Case Number: CLB 2015-57-L
Sanction: $2,500 fine
Effective Date: 1-22-21
RICO alleges that Respondents’ contract for a project was not signed or initialed by an RME and did not include the date work was to commence or the number of days for completion, in possible violation of HRS § 436B-19(17) and HAR §§16-77-71(a)(2) and 16-77-80(a)(3). (Board approved Settlement Agreement.)
Respondent: DCK Pacific Construction, LLC
Case Number: CLB 2016-291-L
Sanction: License revocation
Effective Date: 8-28-20
On August 28, 2020, the Board upheld its February 15, 2019, BFO and voted to revoke Respondent’s license. (Board’s Final Order for Noncompliance with a Previous Settlement Agreement.)
HAWAII MEDICAL BOARD
Respondent: Steven Richardson, P.A.
Case Number: MED 2020-237-L
Sanction: Voluntary revocation of license, agreement to cease practicing medicine in the State of Hawaii, and five-year prohibition on applying for a new license.
Effective Date: 3-11-21
RICO alleges that on or about July 30, 2021, Respondent pleaded guilty in his criminal case to one count of making unlawful prescriptions for controlled substances, and to one count of unauthorized use of personal identifying information, each of those crimes being a felony under the laws of the State of California, and was convicted accordingly. RICO alleges that Respondent did not report the conviction to the Board within 30 days. RICO also alleges that disciplinary actions were taken against Respondent by the States of California, Idaho, Virginia, Alabama, and Illinois, and Respondent failed to report the disciplinary actions to the Board within 30 days, all in possible violation of HRS §§ 436B-19(14), 453-8(a)(11), 453-8(a)(14) and 453-8(a)(15). (Board approved Settlement Agreement.)
Respondent: Gazelle A. Craig, D.O.
Case Number: MED 2017-206-L
Sanction: License revocation
Effective Date: 2-11-21
The Board adopted the Hearings Officer’s recommended decision and found and concluded that the preponderance of the evidence established that Respondent violated HRS §§ 453-8(a)(11), (12), and (14). (Board’s Final Order after contested case hearing.)
MOTOR VEHICLE INDUSTRY LICENSING BOARD
Respondent: Terry A. Martinez, Johnny H. Martinez, and South Maui Motors, Inc.
Case Number: MVI 2017-57-L and MVI 2018-26-L
Sanction: License revocation of Respondent Terry A. Martinez’ motor vehicle salesperson license and Respondent South Maui Motor Inc.’s motor vehicle dealer license
Effective Date: 12-15-20
The Board adopted the Hearings Officer’s recommended order and found and concluded that Respondents Terry A. Martinez and South Maui Motors, Inc. violated HRS §§ 437-12(a), 437-28(a)(2), (3), (4), (5) and (11), 436B-19(2), (8), (11), (12) and (17), 437-15 and 436B-19(6) and (16). (Board’s Final Order after contested case hearing.)
BOARD OF BARBERING AND COSMETOLOGY
Respondent: Trinh H. Van dba Trinh’s Barber Shop and Trinh H. Van
Case Number: BAR 2019-163-L
Sanction: $1,000 fine
Effective Date: 12-22-20
RICO alleges that Respondent permitted three (3) unlicensed persons to perform activities requiring a barber license, in possible violation of HRS § 438-14(a)(3). (Board approved Settlement Agreement.)
BOARD OF DENTISTRY
Respondent: Stewart Peter Ahn, D.D.S.
Case Number: DEN 2020-10-L
Sanction: $1,000 fine and complete continuing education
Effective Date: 1-25-21
RICO alleges that Respondent obtained informed consent for the extraction of the patient’s tooth #1 but did not obtain informed consent for the extraction of the patient’s tooth #17, in possible violation of HRS § 448-17(12). (Board approved Settlement Agreement.)
BOARD OF PHARMACY
Respondent: Florida Discount Drugs, Inc., dba Taylors Pharmacy
Case Number: PHA 2020-81-L
Sanction: $500 fine
Effective Date: 1-21-21
RICO alleges that Respondent was disciplined by the states of Alabama and Colorado, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: Millers of Wyckoff, Inc.
Case Number: PHA 2020-74-L
Sanction: $1,000 fine
Effective Date: 1-21-21
RICO alleges that Respondent was disciplined by the states of New Jersey, Texas and Maine and failed to report the disciplinary actions by New Jersey and Texas to the Board within 30 days as required, in possible violation of HRS §§ 436B-19(13) and 461-21(a)(4) and HAR § 16-95-110(a)(18). (Board approved Settlement Agreement.)
BOARD OF PHYSICAL THERAPY
Respondent: Scott T. Yasumoto
Case Number: PTS 2020-24-L
Sanction: $100 fine and complete continuing competence credits
Effective Date: 1-12-21
RICO alleges that Respondent was deficient nine (9) CC units, as the TPI Level One Workshop taken prior to Respondent renewing his license was not Board-approved, in possible violation of HRS §§ 461J-10.1(a) and 461J-12(a)(11). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondent: Gavin P.S. Shimizu (Maui)
Case Number: REC 2020-397-L
Sanction: $750 fine
Effective Date: 3-25-21
RICO alleges that Respondent self-reported in October 2020 that he had been convicted of criminal petty misdemeanor offense of Operating a Vehicle Under the Influence of an Intoxicant on February 11, 2020, in possible violation of HRS §§ 436-16(a), 436B-19(12), 436B-19(14) and 436B-19(17). (Commission approved Settlement Agreement.)
Respondent: Mark B. Barbanell fka Mark D. Barbanell (Kauai)
Case Number: REC 2019-660-L
Sanction: $1,000 fine
Effective Date: 10-26-20
RICO alleges that Respondent failed to disclose his real estate salesperson license on advertising material. RICO also alleges that Respondent engaged in vacation rental activity, which included receiving and depositing payment for one (1) vacation rental from a prospective customer without the supervision and/or participation of a real estate broker, in possible violation of HRS § 467-14(6) and HAR § 16-99-11(c). (Commission approved Settlement Agreement.)
Respondent: Baron S. H. Graham aka Baron Scott Graham aka Baron Graham
Case Number: REC 2019-232-L
Sanction: $1,500 fine
Effective Date: 10-25-20
RICO alleges that on or about September 25, 2001, Respondent was convicted in two cases for Driving Under the Influence of Intoxicating Liquor (“DUI”). Despite the DUI convictions, Respondent answered “No” to the question on his application for real estate salesperson license dated August 29, 2005, that 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?” RICO also alleges that despite the DUI convictions, Respondent answered “No” to the question on his application for real estate broker license dated April 2, 2015, that 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?” RICO also alleges that on March 18, 2019, Respondent was convicted of one count of Assault in the Third Degree and one count of Operating a Vehicle Under the Influence of an Intoxicant, all in possible violation of HRS §§ 436B-19(12), 436B-19(14) and 467-20. (Commission approved Settlement Agreement.)
Respondent: Felicia A. Dominici (Hawai’i)
Case Number: REC 2020-42-L
Sanction: $500 fine
Effective Date: 10-26-20
RICO alleges that in December 2019, Respondent was convicted of the offense of Operating a Vehicle Under the Influence of an Intoxicant, in possible violation of HRS §§ 436B-19(12) and 436B-19(17). (Commission approved Settlement Agreement.)
Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/
