{"id":21549,"date":"2021-12-01T11:46:25","date_gmt":"2021-12-01T21:46:25","guid":{"rendered":"https:\/\/bigislandthieves.com\/?p=21549"},"modified":"2021-12-01T11:46:27","modified_gmt":"2021-12-01T21:46:27","slug":"dcca-disciplinary-actions-report-for-october-2021","status":"publish","type":"post","link":"https:\/\/bigislandthieves.com\/dcca-disciplinary-actions-report-for-october-2021\/","title":{"rendered":"DCCA Disciplinary Actions Report for October 2021"},"content":{"rendered":"![\"\"](\"https:\/\/i0.wp.com\/bigislandthieves.com\/wp-content\/uploads\/2021\/06\/DCCA-action.jpg?resize=300%2C155&ssl=1\")
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 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.<\/p>\n
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.<\/p>\n
BOARD OF VETERINARY MEDICINE<\/u><\/strong><\/p>\nRespondent:\u00a0 \u00a0\u00a0 Ed Alan H.I. Zane, D.V.M.<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>VET 2021-6-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Voluntary Surrender of License<\/p>\nEffective Date: <\/strong>10-13-21<\/p>\nRICO alleges that Respondent failed to provide proof of completion for the 20 CE credit hours that were to be completed during the July 1, 2018 \u2013 June 30, 2020 biennial licensing period in response to RICO and the Board\u2019s audit, in possible violation of HRS \u00a7\u00a7 471-9(f) and 471-10(b)(2).\u00a0 (Board approved Settlement Agreement.)<\/p>\n
Respondent:\u00a0 \u00a0\u00a0 Richard P. Poll, D.V.M.<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>VET 2021-13-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Voluntary Surrender of License<\/p>\nEffective Date: <\/strong>10-13-21<\/p>\nRICO alleges that Respondent failed to provide proof of completion for the 20 CE credit hours that were to be completed during the July 1, 2018 \u2013 June 30, 2020 biennial licensing period in response to RICO\u2019s investigation and the Board\u2019s audit, in possible violation of HRS \u00a7\u00a7 436B-19(1), 471-9(f) and 471-10(b)(7).\u00a0 (Board approved Settlement Agreement.)<\/p>\n
Respondent:\u00a0 \u00a0\u00a0 Nathan S. Goddard<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>VET 2021-19-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Surrender of License and Prohibition on Applying for a New License<\/p>\nEffective Date: <\/strong>10-13-21<\/p>\nRICO alleges that Respondent was disciplined by the Colorado Board of Veterinary Medicine and did not report the Colorado Order to the Hawaii Board of Veterinary Medicine within thirty (30) days of its entry, in possible violation of HRS \u00a7\u00a7 471-10(b)(8) and 471-10(b)(11).\u00a0 (Board approved Settlement Agreement.)<\/p>\n
HAWAII MEDICAL BOARD<\/u><\/strong><\/p>\nRespondent:\u00a0 \u00a0\u00a0 Timothy C. Gedney, PA-C<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>MED 2021-15-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $2,000 fine<\/p>\nEffective Date: <\/strong>10-14-21<\/p>\nThe Board adopted the Hearings Officer\u2019s Recommended Order as the Board\u2019s Final Order and found and concluded that Petitioner has shown by a preponderance of the evidence that Respondent violated HRS \u00a7 453-8.6.\u00a0 (Board\u2019s Final Order after contested case hearing.)<\/p>\n
BOARD OF NURSING<\/u><\/strong><\/p>\nRespondent:\u00a0 \u00a0\u00a0 Kris N. Szelag<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>RNS 2021-371-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Surrender of License, Five-Year Prohibition on Applying for a New License<\/p>\nEffective Date: <\/strong>10-7-21<\/p>\nRICO alleges that Respondent was disciplined by the Utah Division of Occupational and Professional Licensing on October 21, 2014 and did not report the 2014 Utah Order to the Hawaii Board of Nursing within thirty (30) days of its entry.\u00a0 RICO also alleges that on October 14, 2020, Respondent entered into a stipulated order with the Utah Division of Occupational and Professional Licensing and did not report the 2020 Utah Order to the Hawaii Board of Nursing within thirty (30) days of its entry, all in possible violation of HRS \u00a7\u00a7 457-12(a)(8) and 457-12(a)(10).\u00a0 (Board approved Settlement Agreement.)<\/p>\n
Respondent:\u00a0 \u00a0\u00a0 Margaret K. Houk (Hawaii)<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>RNS 2021-300-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $500 fine<\/p>\nEffective Date: <\/strong>10-7-21<\/p>\nRICO alleges that on or about June 28, 2020, Respondent was disciplined by the Nevada Board of Nursing and did not report the Nevada disciplinary action to the Hawaii Board of Nursing within thirty (30) days of its entry, in possible violation of HRS \u00a7\u00a7 457-12(a)(8) and 457-12(a)(10).\u00a0 (Board approved Settlement Agreement.)<\/p>\n
CONTRACTORS LICENSE BOARD<\/u><\/strong><\/p>\nRespondents:\u00a0 Blue Fin Construction LLC and Vitaliy M. Novikov (Hawaii)<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>CLB 2020-267-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $5,000 fine<\/p>\nEffective Date: <\/strong>10-22-21<\/p>\nRICO alleges that Respondents failed to complete a construction project and failed to: 1) explain in detail the lien rights of all parties performing under the contract; 2) explain the homeowner\u2019s right to demand bonding on the project; 3) explain how the bond would protect the homeowner or the approximate expense of the bond; and 4) provide notice of the contractor\u2019s right to resolve alleged construction defects prior to commencing any litigation under HRS \u00a7 672E-11, in possible violation of HRS \u00a7\u00a7 444-25.5(a)(1), 444-25.5(a)(2), 444-25.5(b)(1) and 444-25.5(b)(2) and HAR \u00a7\u00a7 16-77-79(a)(4) and 16-77-80(a)(7).\u00a0 (Board approved Settlement Agreement.)<\/p>\n
Respondents:\u00a0 Blue Ginger General Construction, Inc. and Erminia T.P. Flores (Hawaii)<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>CLB 2019-441-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Voluntary Surrender of License<\/p>\nEffective Date: <\/strong>10-22-21<\/p>\nRICO alleges that Respondents failed to honor the one-year warranty by not repairing the roof leak in a timely manner, in possible violation of HRS \u00a7 444-17(11) and HAR \u00a7 16-77-97.\u00a0 (Board approved Settlement Agreement.)<\/p>\n
Respondent:\u00a0 \u00a0\u00a0 Steven R. Maratta<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>CLB 2021-64-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $5,500 fine<\/p>\nEffective Date: <\/strong>10-22-21<\/p>\nRICO alleges that Respondent aided or abetted an unlicensed person to evade HRS Chapter 444, in possible violation of HRS \u00a7 444-9.3.\u00a0 (Board approved Settlement Agreement.)<\/p>\n
BOARD OF PHARMACY<\/u><\/strong><\/p>\nRespondent:\u00a0 \u00a0\u00a0 Wells Pharmacy Network, LLC<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>PHA 2021-28-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $2,500 fine<\/p>\nEffective Date: <\/strong>10-21-21<\/p>\nRICO alleges that disciplinary action was taken against Respondent in Wisconsin, in possible violation of HRS \u00a7 436B-19(13).\u00a0 (Board approved Settlement Agreement.)<\/p>\n
Respondent:\u00a0 \u00a0\u00a0 Procare Pharmacy, LLC dba CVS Pharmacy #11235<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>PHA 2021-7-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $700 fine<\/p>\nEffective Date: <\/strong>10-21-21<\/p>\nRICO alleges that Respondent was disciplined by the States of Maine and Virginia, in possible violation of HRS \u00a7 436B-19(13).\u00a0 (Board approved Settlement Agreement.)<\/p>\n
REAL ESTATE COMMISSION<\/u><\/strong><\/p>\nRespondent:\u00a0 \u00a0\u00a0 Jason P. Souki<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>REC 2021-64-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $500 fine<\/p>\nEffective Date: <\/strong>10-22-21<\/p>\nRICO alleges that on or about November 6, 2020, Respondent submitted a renewal application for his real estate salesperson\u2019s license and answered \u201cyes\u201d to question 3 which asked, \u201cIn the past 20 years have you been convicted of a crime in which the conviction has not been annulled or expunged?\u201d\u00a0 RICO also alleges that by letter dated November 6, 2020, Respondent indicated that he accepted a no contest plea for an Operating a Vehicle Under the Influence of an Intoxicant charge on June 12, 2019, all in possible violation of HRS \u00a7\u00a7 436B-19(12), 436B-19(14) and 436B-19(17).\u00a0 (Commission approved Settlement Agreement.)<\/p>\n
Respondent:\u00a0 \u00a0\u00a0 Kenneth H. Nakagawa<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>REC 2019-440-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $2,500 fine<\/p>\nEffective Date: <\/strong>10-22-21<\/p>\nRICO alleges that in or about July 2018, Respondent prepared a written rental agreement that inadvertently included the name of a real estate brokerage firm with which Respondent was no longer associated.\u00a0 RICO also alleges that Respondent prepared a rental agreement for a domestic limited liability company (\u201cLLC\u201d) in which Respondent held no membership or ownership interest.\u00a0 RICO also alleges that the LLC did not and does not possess a Commission-issued real estate broker\u2019s license; and although that LLC did not and does not directly hold recorded title to the referenced high-rise condominium unit, it nevertheless managed and rented out that condominium unit to unrelated renters, tenants, or other members of the public, all in possible violation of HRS \u00a7\u00a7 467-14(1) and 436B-19(6).\u00a0 (Commission approved Settlement Agreement.)<\/p>\n
Respondent:\u00a0 \u00a0\u00a0 Robert J. Cella (Maui)<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>REC 2019-593-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $500 fine<\/p>\nEffective Date: <\/strong>10-22-21<\/p>\nRICO alleges that between February and November 2015, Respondent, as principal broker for Coldwell Banker Island Properties (\u201cCBIP\u201d), failed to ensure that CBIP complied with federal requirements relating to lead-based paint disclosures in connection with sales contracts for three real properties on Maui, in possible violation of HRS \u00a7\u00a7 467-1.6(a) and 467-1.6(b)(2).\u00a0 (Commission approved Settlement Agreement.)<\/p>\n
Respondent:\u00a0 \u00a0\u00a0 Robert Neuman<\/strong><\/p>\nCase Number:\u00a0\u00a0 <\/strong>REC 2021-41-L<\/p>\nSanction:<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $2,500 fine and Automatic Revocation of License Without Further Hearing Upon Respondent\u2019s Failure to Comply with the Settlement Agreement<\/p>\nEffective Date: <\/strong>10-22-21<\/p>\nRICO alleges that upon obtaining his real estate broker\u2019s license on or about August 28, 2015, Respondent failed to execute the Management Agreement in writing with MSV expressing the exact agreements of the parties and setting forth essential terms and conditions of the same, in possible violation of HRS \u00a7\u00a7 436B-19(7), 436B-19(17) and 467-14(13) and HAR \u00a7\u00a7 16-99-3(a) and 16-99-3(f).\u00a0 (Commission approved Settlement Agreement.)<\/p>\n
Copies of the decisions are available online at:<\/strong> http:\/\/cca.hawaii.gov\/oah\/oah_decisions\/<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"The state Department of Commerce and Consumer Affairs (DCCA) and the state Boards and…<\/p>\n","protected":false},"author":1,"featured_media":15942,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[633],"tags":[464,398,1040,1195],"class_list":["post-21549","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-hawaii-statewide-news","tag-dcca","tag-fines","tag-license-revocation","tag-license-suspension"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/bigislandthieves.com\/wp-content\/uploads\/2021\/06\/DCCA-action.jpg?fit=1536%2C794&ssl=1","amp_enabled":true,"_links":{"self":[{"href":"https:\/\/bigislandthieves.com\/wp-json\/wp\/v2\/posts\/21549","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bigislandthieves.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bigislandthieves.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bigislandthieves.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/bigislandthieves.com\/wp-json\/wp\/v2\/comments?post=21549"}],"version-history":[{"count":1,"href":"https:\/\/bigislandthieves.com\/wp-json\/wp\/v2\/posts\/21549\/revisions"}],"predecessor-version":[{"id":21550,"href":"https:\/\/bigislandthieves.com\/wp-json\/wp\/v2\/posts\/21549\/revisions\/21550"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/bigislandthieves.com\/wp-json\/wp\/v2\/media\/15942"}],"wp:attachment":[{"href":"https:\/\/bigislandthieves.com\/wp-json\/wp\/v2\/media?parent=21549"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bigislandthieves.com\/wp-json\/wp\/v2\/categories?post=21549"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bigislandthieves.com\/wp-json\/wp\/v2\/tags?post=21549"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}