DCCA NEWS RELEASE: DCCA disciplinary actions (through October 2016)

Posted on Nov 21, 2016 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 October 2016 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: Paul Brown, Inc. dba Paul Brown Salon & Day Spa

Case Number: BAR 2016-53-L

Sanction: $1,000 fine

Effective Date: 9-12-16

In April 2016, Respondent allegedly allowed unlicensed persons to perform activities which require a license in violation of HRS §§ 439-17(d) and 439-19(a)(3). (Board approved Settlement Agreement.)

Respondent: Anthony A. Acia (Hawaii Island)

Case Number: BAR 2016-37-L

Sanction: $750 fine

Effective Date: 10-10-16

Respondent allegedly procured a license through misrepresentation in violation of HRS § 438-14(a)(1) and allegedly made a false statement on a required document in violation of HRS § 438-14(a)(9). Respondent allegedly failed to disclose an August 3, 2009 DUI conviction on his December 26, 2009 renewal application. Respondent also allegedly failed to disclose on his December 28, 2015 renewal application that he had been convicted of the crime of Operating a Vehicle Under the Influence of an Intoxicant on November 24, 2014. (Board approved Settlement Agreement.)

HAWAII MEDICAL BOARD

Respondent: Louis F. Puig, M.D.

Case Number: MED 2015-63-L

Sanction: Licensee on probation for 3 years, $3,000 fine, comply with Texas Order, provide Hawaii Board with reports relating to compliance with the Texas Order every 90 days

Effective Date: 10-13-16

Respondent allegedly violated HRS §§ 436B-19(6), 453-8(a)(9), 453-8(a)(11), and 436B-19(17) based on an Agreed Order with the Texas Medical Board (“Texas Order”) that alleged that Respondent improperly prescribed testosterone to himself and his brother beyond the 72 hour of immediate need, failed to maintain adequate medical records of his treatment of the patients involved in this case, including his self-prescribing, and delegated clinical duties to his brother, who graduated from medical school in Mexico but was not licensed to practice medicine in Texas. Respondent also allegedly failed to report the Texas Order to the Hawaii Board within 30 days of its issuance in violation of HRS § 453-8(a)(14). (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent: Perla K.K. Whitehawk-Taylor (Hawaii Island)

Case Number: RNS 2016-66-L

Sanction: Voluntary surrender of license

Effective Date: 10-18-16

Respondent admittedly violated HRS §§ 436B-19(2) and 457-12(a)(11) by failing to disclose on her renewal application that she had been convicted of Operating a Vehicle Under the Influence of an Intoxicant on March 19, 2014. (Board approved Settlement Agreement.)

Respondent: Justin E. Henderson, R.N., A.P.R.N.

Case Number: RNS 2016-21-L

Sanction: Voluntary surrender of advance practice registered nurse (A.P.R.N.) license, comply with terms of Washington and California Orders, $500.00 fine Effective Date: 10-18-16

Respondent admittedly violated HRS §§ 457-12(a)(6) by engaging in unprofessional conduct, and 457-12(a)(10) by failing to report disciplinary action in another jurisdiction within 30 days after the disciplinary action becomes final. The Washington Order was based on Respondent providing medical marijuana authorizations for patients of CannaHealth Clinic in Washington State after a two to ten minute interview with patients at the Clinic via videoconference from his home in Hawaii, which failed to meet the standard of care in Washington. The California Order was based on the Washington Order and disciplinary action taken in Oregon based on Respondent’s alleged failure to disclose on his application for licensure his 1997 arrest for manufacture, delivery and distribution of a controlled substance in Missouri. (Board approved Settlement Agreement.)

BOARD OF VETERINARY EXAMINERS

Respondent: Barbara Starr, D.V.M.

Case Number: VET 2015-11-L

Sanction: Licensee on probation for 2 years, $1,000 fine

Effective Date: 10-19-16

Respondent allegedly violated HRS § 471-10(b)(12) by engaging in conduct contrary to the recognized standards of ethics for the profession and HRS §§ 471-10(b)(8) and 471-10(b)(11) by being disciplined in California and failing to report the disciplinary action to the Hawaii Board within 30 days of its issuance. The California Decision included findings that Respondent’s care of a canine patient was “negligent” and that she violated California licensing laws which resulted in the death of the patient. (Board approved Settlement Agreement.)

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent: Lithia of Honolulu-A, Inc. dba Acura of Honolulu

Case Number: MVI 2016-16-L

Sanction: $1,500 fine

Effective Date: 8-23-16

Respondent admittedly violated HRS §§ 437-12(a), 437-12(b) and 437-28(a)(2) by not having the legal ownership certificate of the vehicle prior to the sale of the vehicle and not delivering the ownership certificate to the customer within the time period specified by HRS § 286-52(b). (Board approved Settlement Agreement.)

Respondent: Edison Chen

Case Number: MVI 2016-8-L

Sanction: $1,000 fine

Effective Date: 10-18-16

Respondent allegedly violated HRS § 437-2(a) in 2015 and 2016 by not being properly licensed as a motor vehicle salesperson when he engaged in the sale of motor vehicles while working at Auto Biz. (Board approved Settlement Agreement.)

BOARD OF PSYCHOLOGY

Respondent: Leonard D. Bergantino, Ph.D.

Case Number: PSY 2015-10-L

Sanction: License revoked, $1,000 fine

Effective Date: 10-28-16

The Board found that Respondent violated HRS §§ 465-13(a)(1) and 436B-19(7) by engaging in misconduct, gross carelessness, manifest incapacity or incompetency in the practice of psychology, HRS § 436B-19(5) by engaging in misrepresentation in applying for a license, and HRS §§ 465-13(a)(7) and 436B-19(13) by having his license revoked in California. The Board also found that Respondent did not have the ability to practice psychology with reasonable skill and safety to patients or clients by reason of illness, inebriation, or excessive use of any substance, or as a result of a mental or physical condition in violation of HRS § 465-13(a)(14) and that Respondent practiced psychology while impaired by alcohol, drugs, physical disability or mental instability in violation of HRS § 436B-19(4). Respondent also failed to report the California Order to the Hawaii Board within 30 days of the disciplinary decision in violation of HRS § 436B-19(15). (Board’s Final Order after contested case hearing.)

CONTRACTORS LICENSE BOARD

Respondents: In & Out Builders, Inc. and John S. Dahlkvist (Maui)

Case Number: CLB 2014-10-L

Sanction: $1,000 fine

Effective Date: 9-23-16

Respondent Dahlkvist allegedly failed to initial or sign a contract in violation of HAR § 16-77-71(a)(2) and Respondents failed to maintain worker’s compensation insurance in violation of HRS §§ 444-11.1 and 444-17(16). On March 20, 2013, Respondents entered into a contract with a homeowner for scraping, re-texturing, and priming of the ceilings in her residence for $1,718.74. (Board approved Settlement Agreement.)

Respondents: Commercial Roofing & Waterproofing Hawaii, Inc. and Guy M. Akasaki

Case Number: CLB 2013-21-L

Sanction: $2,000 fine

Effective Date: 9-23-16

Respondents’ contract with a homeowner allegedly failed to have a few of the required disclosures in violation of HRS § 444.25.5 and HAR § 16-77-80. Pursuant to HAR § 16-77-71, Respondent Akasaki, as the RME for Respondent Commercial Roofing & Waterproofing Hawaii, Inc. (“Commercial Roofing”) is responsible for the violations committed by Respondent Commercial Roofing. (Board approved Settlement Agreement.)

Respondents: James Agresta Carpentry, Inc. and James Agresta

Case Number: CLB 2016-292-L

Sanction: $15,000 fine

Effective Date: 9-23-16

Respondents allegedly violated HAR § 16-77-71(a)(4) by failing to have a responsible managing employee in residence in Hawaii during the entire time in which James Agresta Carpentry, Inc. was working on a project in the International Marketplace in Waikiki, Hawaii. Pursuant to HAR § 16-77-71(a)(5), Respondent Agresta, as the RME, is responsible for the violation committed by Respondent James Agresta Carpentry, Inc. (Board approved Settlement Agreement.)

Respondents: Drain-N-Rooter Plumbing, Inc. dba AM/PM Drain-Rooter, Inc. dba Hawaii Solar Company and Eric L. Baker

Case Number: CLB 2011-58-L

Sanction: Voluntary surrender of licenses, $1,000 fine

Effective Date: 9-23-16

Respondents allegedly violated HRS §§ 444-17(14) and 444-25 by failing to pay several subcontractors for work performed by the subcontractors pursuant to a contract they had with Waikiki Shore Apartments to install a solar water heating system for Waikiki Shore located on Kalia Road in Honolulu. Respondents also allegedly violated HAR §§ 16-77-33(c) and 16-77-33(d) by performing out of scope work. Pursuant to HAR §§ 16-77-71(a)(2) and 16-77-71(a)(5), Respondent Baker, as the RME of Hawaii Solar Company is responsible for all contract provisions being carried out and the violations committed by Hawaii Solar Company. (Board approved Settlement Agreement.)

Respondents: Palace Construction, Inc. and Ramon M. Gonzales, aka Raymond Gonzalez, aka Ray Gonzalez (Hawaii Island)

Case Number: CLB 2013-443-L

Sanction: $5,000 fine

Effective Date: 9-23-16

Respondents allegedly violated HRS § 444-25.5, HAR §§ 16-77-79 and 16-77-80 by failing to make required homeowner disclosures. Respondents also allegedly violated HAR § 16-77-33 by engaging in out of scope activity. Respondent Gonzales also allegedly violated HRS §§ 436B-19(5) by failing to failing to disclose on his October 26, 2012 renewal application that he had been convicted of Sexual Assault in the Fourth Degree on February 24, 2011. Pursuant to HAR § 16-77-71, Respondent Gonzales, as the RME, is responsible for the violations committed by Respondent Palace Construction, Inc. (Board approved Settlement Agreement.)

Respondent: Donald P. Selby

Case Number: CLB 2016-341-L

Sanction: $25,000 fine

Effective Date: 10-21-16

Respondent allegedly entered into a contract with an unlicensed person to perform work that required a license and/or aided and abetted an unlicensed person to evade the requirements of HRS Chapter 444 in violation of HRS §§ 444-9.3 and 444-17(17). In April 2016, Respondent allegedly entered into a contractual agreement with an unlicensed entity that later performed renovation work in a building located in Honolulu, Hawaii. (Board approved Settlement Agreement.)

Respondent: Advanced Protection Network, Incorporated, aka APN Alarm

Case Number: CLB 2012-266-L, CLB 2013-25-L, CLB 2013-26-L

Sanction: $2,000 fine

Effective Date: 10-21-16

Respondent allegedly violated HRS §§ 444-8 and 444-17(12), and HAR §§ 16-77-64(c), 16-77-64(d), and 16-77-64(e) by failing to have a responsible managing employee from June 29, 2012 to January 28, 2013, during which time Respondent allegedly offered to and/or entered into several contracts with consumers to install security systems. (Board approved Settlement Agreement.)

Respondent: Dominador C. Salcedo, dba Salcedo Roofing Company

Case Number: CLB 2014-349-L

Sanction: $2,500 fine

Effective Date: 10-21-16

Respondent allegedly violated HRS §§ 444-25.5(a), 444-25.5(b), 444-17(12) and HAR § 16-77-80(a)(3) by failing to disclose the date the construction would commence and the date of completion and lien/bond rights to the homeowner. (Board approved Settlement Agreement.)

Respondents: Triad Retail Construction, Inc. and Joseph A. Dorsey

Case Number: CLB 2016-282-L

Sanction: $50,000 fine

Effective Date: 10-21-16

Respondent allegedly violated HRS § 436B-19(17) and HAR § 16-77-71(a)(4) by not having a RME in residence during the period a project is under construction. Respondent Dorsey, the RME for Respondent Triad Retail Construction, Inc. allegedly was not in residence in Hawaii for periods of time when Respondents’ projects were under construction in Hawaii. (Board approved Settlement Agreement.)

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

###

Media Contact:

William Nhieu

Communications Officer

Department of Commerce and Consumer Affairs

Email: [email protected]

Office: (808) 586-7582

Cell: (808) 389-2788