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 February 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.

CONTRACTORS LICENSE BOARD

Respondents:  JT and Associates Designs, LLC and Gerald Scheltens (Maui)
Case Number:   CLB 2019-405-L
Sanction:          $3,000 fine
Effective Date: 2-19-21

RICO alleges that Respondents: 1) entered into a contract for a condo remodel without the required C-13 (electrical), C-21 ( flooring), C-37 (plumbing) and C-51 (tile), or general building contractor’s licenses and acted out of scope of their (C-5) (cabinet) license; 2) hired subcontractors for electrical and plumbing work and performed the flooring and tile work without the required licenses; and 3) failed to include the required disclosures in the contract, namely, lien and bond rights, notice of Contractor’s Repair Act, commence date and number of days for completion, and subcontractors’ information and percentage of work by subcontractors, in possible violation of HRS §§ 444-23(a), 444-25.5(b)(1), 444-25.5(b)(2) and HAR §§ 16-77-33(c), 16-77-79(a)(1), 16-77-80(a)(3), 16-77-80(a)(5) and 16-77-80(a)(7).  (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:     Shayla-Ann K. Funes aka Shayla Funes (Maui)
Case Number:   REC 2020-114-L
Sanction:          $500 fine
Effective Date: 12-22-20

RICO alleges that Respondent self-reported in February 2020 that she had been convicted of the offense of Operating a Vehicle Under the Influence of an Intoxicant on January 29, 2020, in possible violation of HRS § 436B-19(12).  (Commission approved Settlement Agreement.)

Respondent:     Lyniel C. Berris, aka Lyniel N. Choy dba Rainbow Realty International
Case Number:   REC 2017-181-L
Sanction:          $500 fine
Effective Date: 12-22-20

RICO alleges that Respondent failed to provide records related to Respondent’s property management of a client’s properties within a reasonable time to RICO, in possible violation of HRS § 467-14(7).  (Commission approved Settlement Agreement.)

Respondent:     Jane F. Abramo fka Jane F. Rash (Kauai)
Case Number:   REC 2019-660-L
Sanction:          $1,000 fine
Effective Date: 12-22-20

RICO alleges that a real estate salesperson engaged in one (1) vacation rental transaction where the real estate salesperson allegedly received and deposited proceeds from a vacation rental without the supervision and/or involvement of the Respondent, in possible violation of HRS § 467-1.6(a).  (Commission approved Settlement Agreement.)

Respondent:     Carlton D. Choy
Case Number:   REC 2020-229-L
Sanction:          $2,500 fine
Effective Date: 2-26-21

RICO alleges that a real estate salesperson subject to Respondent’s management and supervision performed and earned commissions and/or other income from real estate transactions and related activities without an active, current and valid real estate salesperson’s license, in good standing.  RICO also alleges that in December 2019, the IRS recorded a Notice of Tax Lien against Respondent for assessed and unpaid federal income tax liabilities arising on income that Respondent earned in 2014 and 2015 from real estate related activities and his real estate broker’s license, in possible violation of HRS §§ 467-1.6(a), 467-1(b)(7) and 467-14(20).  (Commission approved Settlement Agreement.)

Respondent:     Marvin Q.H. Lam
Case Number:   REC 2020-225-L
Sanction:          $1,500 fine
Effective Date: 2-26-21

RICO alleges that between January 1, 2019 and February 16, 2020, Respondent performed and earned commissions and/or other income from real estate transactions and related activities without an active, current and valid real estate salesperson’s license, in good standing, in possible violation of HRS § 467-7.  (Commission approved Settlement Agreement.)

Respondent:     Stephie Sill (Maui)
Case Number:   REC 2020-368-L
Sanction:          $1,000 fine
Effective Date: 2-26-21

RICO alleges that on or about July 27, 2015, Respondent was convicted in the State of Hawai’i of the crime of Operating a Vehicle Under the Influence of an Intoxicant.  Despite the conviction, Respondent answered “No” to the question on her 2016 renewal application that asked: “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 436B-19(2), (5) and (17) and 467-20.  (Commission approved Settlement Agreement.)

Respondent:     Makenzie P. Nitta (Hawai’i)
Case Number:   REC 2020-335-L
Sanction:          $1,000 fine
Effective Date: 2-26-21

RICO alleges that on or about May 14, 2012, Respondent was convicted in the State of Hawaii of the criminal petty misdemeanor offense of Operating a Vehicle Under the Influence of an Intoxicant and failed to disclose the conviction on her application for real estate salesperson’s license in November 2014, in possible violation of HRS §§ 436B-19(2), 436B-19(5) and 467-20.  (Commission approved Settlement Agreement.)

Respondent:     Laura Awana Lewis
Case Number:   REC 2020-152-L
Sanction:          $1,500 fine
Effective Date: 2-26-21

RICO alleges that a real estate salesperson associated with the company Respondent was the principal broker of engaged in and earned commissions from multiple real estate transactions while that salesperson’s license was on inactive status for failure to complete continuing education requirements in a timely manner, in possible violation of HRS §§ 467-1.6(a) and 467-1.6(b)(7).  (Commission approved Settlement Agreement.)

Respondent:     Oishi’s Property Management Corporation
Case Number:   REC 2020-319-L
Sanction:          $375 fine
Effective Date: 2-26-21

RICO alleges that on or about December 4, 2019, a civil judgment was entered against Respondent that Respondent failed to disclose in writing to the Commission within thirty (30) days, in possible violation of HRS § 436B-16.  (Commission approved Settlement Agreement.)

Respondent:     Raymond N. Oishi
Case Number:   REC 2020-319-L
Sanction:          $250 fine
Effective Date: 2-26-21

RICO alleges that on or about December 4, 2019, a civil judgment was entered against Oishi’s Property Management Corporation that Respondent as principal broker failed to disclose in writing to the Commission within thirty (30) days, in possible violation of HRS § 436B-16.  (Commission approved Settlement Agreement.)

Respondent:     John C. Pinchiaroli
Case Number:   REC 2020-330-L
Sanction:          $1,500 fine and complete continuing education courses on ethics
Effective Date: 2-26-21

RICO alleges that on or about June 5, 2020, Respondent copied the signature of an out-of-state licensing agency official with the State of Missouri onto Respondent’s Verification of License for Continuing Education Equivalency form dated 6/5/20 without first obtaining permission from the out-of-state licensing agency official to do so, and on the following day submitted the VOLCEE to PVL/DCCA with the intent that the copied signature be taken as genuine, in possible violation of HRS §§ 436B-19(2), 436B-19(5), 467-14(8), 467-14(20) and 467-20.  (Commission approved Settlement Agreement.)

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