DCCA News Release: DCCA DISCIPLINARY ACTIONS (THROUGH NOVEMBER 2019)
Posted on Dec 20, 2019 in Latest Department NewsHONOLULU – 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 November 2019 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 PHYSICAL THERAPY
Respondent: Reid P. Elam
Case Number: PTS 2019-3-L
Sanction: $500 fine
Effective Date: 11-12-19
RICO alleges that: (1) Respondent failed to complete fifteen out of thirty required continuing competence units between January 1, 2017 and December 31, 2018 at the time he submitted his December 2018 license renewal application for the 2019-2020 licensing period; and (2) Respondent misrepresented on his December 2018 license renewal application that he had completed all the required continuing competence units, in possible violation of HRS §§ 461J-12(7) and 461J-12(11). (Board approved Settlement Agreement.)
HAWAII MEDICAL BOARD
Respondent: Warren K.K. Frey, M.D.
Case Number: MED 2019-13-L
Sanction: $2,000 fine, probation until March 31, 2023
Effective Date: 11-14-19
RICO alleges that: (1) On or about November 7, 2017, Respondent submitted an application to renew his Hawaii medical license and answered “No” to the following question: “In the past two years, have you been addicted to, dependent on, or a habitual user of alcohol, or of a narcotic, barbiturate, amphetamine, hallucinogen, or other drug having similar effects?”; (2) On or about December 21, 2017, Respondent received a Punitive Letter of Reprimand from the United States Department of the Navy after Respondent tested positive for marijuana in or about September 2017; and (3) On or about January 17, 2018, Respondent fell at Naval Hospital Bremerton and was diagnosed as alcohol dependent, in possible violation of HRS §§ 453-8(a)(4), (6), (11) and (14). (Board approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondents: Elegant Painting, Inc. and James R. Respicio (Maui)
Case Number: CLB 2019-391-L
Sanction: $500 fine
Effective Date: 11-15-19
RICO alleges that: (1) On or about February 15, 2019, the Department of Labor and Industrial Relations issued a Notice of Violation to Respondent Elegant finding that Respondent Elegant failed to pay prevailing wages, Respondent Elegant’s employees were not provided a Wage Rate Schedule, and Respondent Elegant’s certified payroll did not include certain required information and incorrectly stated that the prevailing wage was paid; and (2) Respondents did not report the Notification or Order to the Board within 30 days, in possible violation of HRS §§ 436B-16 and 444-17(6). (Board approved Settlement Agreement.)
BOARD OF DENTISTRY
Respondent: Indu Sharma, D.D.S.
Case Number: DEN 2019-7-L
Sanction: $1,000 fine, complete continuing education
Effective Date: 11-18-19
RICO alleges that Respondent failed to provide documentation of courses or course work taken in response to a random audit conducted by the Board to verify continuing education requirements had been met for the 2016 – 2017 biennium, in possible violation of HRS §§ 436B-19(1) and 448-8.5 and HAR § 16-79-146. (Board approved Settlement Agreement.)
Respondent: Terry R. Allen, D.D.S.
Case Number: DEN 2019-24-L
Sanction: $5,000 fine, complete continuing education, comply with terms and conditions of deferral, pay costs incurred in complying with terms of settlement agreement
Effective Date: 11-18-19
RICO alleges that from on or about May 13, 2011 to on or about April 14, 2014, Respondent acted unprofessionally by misrepresenting material facts to obtain compensation by presenting false information on a claim to HMSA with the intent to obtain insurance proceeds in excess of $20,000.00, in possible violation of HRS §§ 436B-19(7) and 448-17(b)(12). (Board approved Settlement Agreement.)
BOARD OF PRIVATE DETECTIVES AND GUARDS
Respondent: Anthony K. Meno (Hawaii)
Case Number: PDG 2018-16-L
Sanction: $500 fine
Effective Date: 11-6-19
On or about July 22, 2019, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statute and/or rule: HRS § 436B-19(2) and HAR § 16-97-46(10). (Board approved Settlement Agreement.)
Respondent: Albert K.A. Hayashi
Case Number: PDG 2016-96-L
Sanction: $750 fine
Effective Date: 11-6-19
The Board adopted the Hearings Officer’s findings of fact, conclusions of law, and recommended order filed February 28, 2019, and found and concluded that there are no genuine issues of material fact and that Petitioner is entitled, as a matter of law, to an order concluding that Respondent violated HRS §§ 436B-19(2) and (17) together with HAR §§ 16-97-46(12) and (21). Accordingly, the Board granted Petitioner’s motion for summary judgment. (Board’s Final Order after contested case hearing.)
BOARD OF PHARMACY
Respondent: Fairview Pharmacy Services, LLC
Case Number: PHA 2019-66-L
Sanction: $2,000 fine
Effective Date: 11-21-19
RICO alleges that Respondent was disciplined by the States of Louisiana, Colorado and Maine and failed to report the disciplinary actions to the Hawaii Board within thirty (30) days as required by Hawaii law, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
Respondent: Auro Pharmacies, Inc. dba Central Drugs
Case Number: PHA 2019-62-L
Sanction: $2,000 fine
Effective Date: 11-21-19
RICO alleges that disciplinary actions were taken against Respondent by the States of California, Oregon, Missouri and Virginia, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
BOARD OF PSYCHOLOGY
Respondent: Michael C. King, Ph.D.
Case Number: PSY 2019-21-L
Sanction: Voluntary surrender of license
Effective Date: 11-22-19
RICO alleges that: (1) Respondent failed to complete the continuing education hours needed to renew his license as required by HRS § 465-11(c)(2); (2) Respondent submitted a renewal application to the Board certifying under oath that he complied with the continuing education requirements required by HRS Chapter 465 when he did not complete the required continuing education hours; and (3) Respondent failed to provide the Board with documentation verifying compliance with the continuing education requirements established by HRS Chapter 465 as required by HRS § 465-11(g), in possible violation of HRS §§ 436B-19(1), 465-11(g), 465-13(a)(2) and 465-13(a)(19). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondent: Keisha S. Johnson (Hawaii)
Case Number: REC 2019-12-L
Sanction: $1,000 fine
Effective Date: 11-22-19
RICO alleges that on or about August 2, 2000, Respondent was convicted in the State of Hawaii of the crimes of Driving Without a Valid Driver’s License, Accidents Involving Damage to Vehicle or Property and Criminal Contempt of Court. Despite the convictions, Respondent allegedly answered “No” to the question on her May 18, 2004 real estate salesperson license application that asked: “In the past 20 years have you been convicted of a crime in which the conviction has not been annulled or expunged?” And RICO alleges that Respondent self-reported in March 2018 that on or about February 26, 2018, she had been convicted of the offense of Operating a Vehicle Under the Influence of an Intoxicant in the District Court of the Third Circuit, State of Hawaii, all in possible violation of HRS §§ 436B-19(2), (5), (12) and (17) and 467-20. (Commission approved Settlement Agreement.)
BOARD OF ELECTRICIANS AND PLUMBERS
Respondent: Christian E. Wells (Hawaii)
Case Number: ENP 2019-5-L
Sanction: $500 fine
Effective Date: 11-26-19
RICO alleges that Respondent owns and operates a truck which displays his journeyman electrician’s license number, 11390, as the license number for an electrical contracting company, Offgrid Hawaii, LLC which Respondent owns in order to advertise the business, in possible violation of HRS § 448E-10(a)(3). (Board approved Settlement Agreement.)
Copies of the decisions are available online at: https://cca.hawaii.gov/oah/oah_decisions/