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DCCA DISCIPLINARY ACTIONS (Through March 2018)

Posted on Apr 17, 2018 in Latest Department News

 

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 March 2018 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 BARBERING AND COSMETOLOGY

Respondent: Nhut Minh Ngo dba Aikahi Hair Salon
Case Number: BAR 2017-125-L
Sanction: $500 fine
Effective Date: 3-19-18

Respondent allegedly permitted an unlicensed person to perform activities in Respondent’s salon which require a license, in possible violation of HRS §§ 439-17(d) and 439-19(a)(3). (Board approved Settlement Agreement.)

CONTRACTORS LICENSING BOARD

Respondent: Jon L. Clifft
Case Number: CLB 2017-394-L
Sanction: $2,000 fine and satisfy Allied Building Judgment
Effective Date: 3-16-18

Respondent allegedly had a default judgment entered against him in 2012 which has not been satisfied. Despite the outstanding default judgment against him, Respondent allegedly answered “No” to question No. 4 on his October 2014 and October 2016 renewal applications which asked: “Are there any liens or judgments against you?” in possible violation HRS §§ 436B-16, 436B-19(2), 436B-19(5), 436B-19(8), 436B-19(17), 444-17(10) and 444-17(14). (Board approved Settlement Agreement.)

Respondent: Nathaniel C. Viernes
Case Number: CLB 2016-329-L
Sanction: $200 fine
Effective Date: 3-16-18

Respondent allegedly had a judgment entered against him on January 20, 2016 and failed to report the judgment to the Board within thirty days as required by Hawaii law, in possible violation HRS § 436B-16. (Board approved Settlement Agreement.)

Respondents: Lakeview Construction, Inc. and Marc A. Delsman
Case Number: CLB 2015-139-L
Sanction: $2,000 fine
Effective Date: 3-16-18

Respondent Delsman (RME) was allegedly not in residence in the State of Hawaii while Respondent Lakeview undertook work on a project in the State of Hawaii, in possible violation of HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5). (Board approved Settlement Agreement.)

Respondents: James E. Tarring and Jet Builders, Inc.
Case Number: CLB 2016-37-L
Sanction: $3,000 fine and pay restitution
Effective Date: 3-16-18

The Board found that Respondents: failed to have required disclosures in their contract in violation of HRS §§ 444-25.5(a) and (b) and HAR § 16-77-80; engaged in unfair and deceptive act or practice in violation of HRS §§ 444-17(2) and 444-25.5(d); and engaged in poor workmanship in violation of HAR § 16-77-97. (Board’s Final Order after contested case hearing.)

HAWAII MEDICAL BOARD

Respondent: Thomas Masato Suyeoka, M.D.
Case Number: MED 2016-147-L
Sanction: One (1) year license suspension, $2,000 fine and censure of license
Effective Date: 3-8-18

Respondent engaged in conduct or practice contrary to recognized standards of ethics of the medical profession as adopted by the American Medical Association (“AMA”); specifically, Opinion 8.145, AMA Code of Medical Ethics [2014-2015 ed.], which discourages sexual relations between physicians and key-third parties, in violation of HRS § 453-8(a)(9). (Board approved Settlement Agreement.)

Respondent: Paul J. Arnold, D.O.
Case Number: MED 2016-132-L
Sanction: $5,000 fine and reprimand of license
Effective Date: 3-8-18

Respondent was allegedly disciplined by the states of Florida, Missouri, Kentucky and Illinois and allegedly failed to timely report the disciplinary decisions as required by Hawaii law, and allegedly submitted applications to the Board on two separate occasions that contained a material misstatement of fact regarding the 2009 Florida and 2013 Kentucky and Illinois disciplinary actions, in possible violation of HRS §§ 453-8(a)(11), 453-8(a)(14) and 453-8(a)(15). (Board approved Settlement Agreement.)

MENTAL HEALTH COUNSELORS LICENSING PROGRAM

Respondent: Thomas J. Jameson (Hawaii)
Case Number: MHC 2017-2-L
Sanction: $500 fine
Effective Date: 3-9-18

Respondent allegedly spoke to a client over the phone after consuming alcohol, in possible violation of HRS § 453D-12(a)(4). (Director approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondents: Susan E. Decker and Lentz Real Estate, Inc. (Hawaii)
Case Numbers: REC 2011-298-L, REC 2012-116-L, REC 2012-355-L and REC 2013-387-L
Sanction: Revocation of both broker’s licenses, $40,000 fine and pay restitution to four (4) homeowners
Effective Date: 3-23-18

As property managers, Respondents committed multiple violations, including misrepresentation, fraud and conversion, against four (4) homeowners as alleged in the Petition, in violation of HRS §§ 467-14(1), 467-14(2), 467-14(3), 467-14(7), 467-14(8), 467-14(13), 467-14(16), 467-14(20), 436B-19(7) and 436B-19(8) and HAR §§ 16-99-3(b) and 16-99-3(v). (Commission’s Final Order after contested case hearing.)

Respondent: R. Michael Auth (Maui)
Case Numbers: REC 2017-368-L
Sanction: $2,250 fine
Effective Date: 3-23-18

On December 12, 2012, Respondent was allegedly convicted of Operating a Vehicle Under the Influence of an Intoxicant (“OVUII”). Despite the conviction, Respondent answered “No” to question 3 on his December 27, 2012 and November 24, 2014 renewal application forms that asked: “In the past 2 years have you ever been convicted of a crime in which the conviction has not been annulled or expunged?” And on November 16, 2015, Respondent was allegedly convicted of Driving Without a License. Despite the conviction, Respondent answered “No” to question 3 on his October 20, 2016 renewal application form that asked: “In the past 2 years have you ever been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(12), 436B-19(14), 436B-19(17) and 467-20. (Commission approved Settlement Agreement.)

Respondent: Kathleen Spano, aka Kathleen Ann Spano, aka Kathleen Ann Jackson-Spano
Case Numbers: REC 2017-71-L
Sanction: $500 fine
Effective Date: 3-23-18

On or about August 24, 2015, Respondent was allegedly convicted in Nevada of the crime of D.U.I. 2nd Offense within Seven Years of a Prior Offense, in possible violation of HRS §§ 436B-19(12), 436B-19(14) and 436B-19(17). (Commission approved Settlement Agreement.)

Respondent: Jessica H. Chiu dba Jessica Chiu
Case Numbers: REC 2017-366-L
Sanction: $2,000 fine
Effective Date: 3-23-18

On or about May 17, 2005, Respondent was allegedly convicted of Operating a Vehicle Under the Influence of an Intoxicant (“OVUII”). Despite the conviction, Respondent answered “No” to question 2 on her initial application for Real Estate Salesperson’s license received on or about June 28, 2012 and on her initial application for Real Estate Broker’s license received on or about January 3, 2016 which asked: “In the past 20 years have you been convicted of a crime where there has not been an order annulling or expunging the conviction?”, in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(12), 436B-19(14), 436B-19(17) and 467-20. (Commission approved Settlement Agreement.)

Respondent: Bradford G. Lusk, Jr. (Hawaii)
Case Numbers: REC 2017-116-L
Sanction: $750 fine
Effective Date: 3-23-18

On or about May 15, 2015, Respondent was allegedly convicted of Accidents Involving Vehicles and Reckless Driving. Despite the convictions, Respondent answered “no” to question 3 on his renewal application form received on or about November 9, 2016 that asked: “In the past 2 years have you ever been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(12), 436B-19(14), 436B-19(17) and 467-20. (Commission approved Settlement Agreement.)

Respondent: Michael B. Reece fka Michael Peterson
Case Numbers: REC 2017-442-L
Sanction: $1,750 fine
Effective Date: 3-23-18

On or about December 2, 1994, Respondent was allegedly convicted of two counts of Contempt of Court. On or about November 27, 1995, Respondent was allegedly convicted of Criminal Trespass in the 1st degree. On or about March 9, 2005, Respondent was allegedly convicted of Operating a Vehicle Under the Influence of an Intoxicant (“OVUII”). On or about September 30, 2008, Respondent was allegedly convicted of a second OVUII. Despite the convictions, Respondent answered “no” to question 2 on his initial application dated March 22, 2006 which 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?” Despite the convictions, Respondent also answered “no” to question 3 on his renewal application received on or about December 5, 2008 which asked: “In the past 2 years have you been convicted of a crime which has not been annulled or expunged?”, in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(12), 436B-19(14), 436B-19(17) and 467-20. (Commission approved Settlement Agreement.)

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

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