NEWS RELEASE: DCCA Disciplinary Actions (Through June 2022)

Posted on Jul 19, 2022 in Main, News Releases, OAH

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE
July 19, 2022

DCCA DISCIPLINARY ACTIONS
(Through June 2022)

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 May 2022 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.

MEDICAL BOARD

Respondent: Dane S. Travis, M.D.

Case Number: MED-2021-23-L

Sanction: License revocation

Effective Date: 6-9-2022

The Board adopted the Hearings Officer’s recommended decision and found and concluded that Respondent violated HRS §§ 453-8(a)(11) and 453-8(a)(14). (Board’s Final Order after contested case hearing.)

Respondent: Sung S. Yang, M.D.

Case Number: MED 2020-67-L

Sanction: Voluntary surrender of license, may reapply after compliance with terms of criminal judgment and completion of Board approved education course(s)

Effective Date: 6-9-2022

Respondent was sentenced and ordered to pay restitution as a result of a voluntary guilty plea of health care fraud. On or about December 13, 2021, RICO filed a Petition for Disciplinary Action alleging that Respondent violated the following statute(s) and/or rule(s): HRS §§ 436B-19(8), 453-8(a)(7), 453-8(a)(9), 453-8(a)(12), 436B-16(a), and HAR §§ 16-85-112(1) and 16-85-112(3). (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondents: Mayra R. Elsafi

Case Number: RNS 2021-332-L

Sanction: Voluntary surrender of license

Effective Date: 6-2-22

RICO alleges Respondent was sanctioned by the Texas Board based on administering the wrong medication to a patient, and failed to timely report the action to the Board in violation of HRS §§ 457-12(a)(8) and 457-12(a)(10). (Board approved Settlement Agreement.)

Respondents: Wilma V. Concepcion

Case Number: RNS 2018-16-L

Sanction: Probation of license for at least five years, during period of probation Respondent must notify Board of incidents of unprofessional or incompetent conduct, complete three NCSBN Learning Extension courses selected by Board

Effective Date: 2-3-22

On October 3, 2019, the Board approved a Settlement Agreement in the matter of Respondent’s license to practice nursing. On or about July 29, 2021 RICO filed an affidavit attesting to Respondent’s non-compliance with the Settlement Agreement. The Board accepted the affidavit. (Board’s Final Order for Non-Compliance with Settlement Agreement.)

BOARD OF PRIVATE DETECTIVES AND GUARDS

Respondents: The Investigators, LLC and George E. Donaldson

Case Number: PDG 2021-1-L

Sanction: Voluntary surrender of license

Effective Date: 5-25-22

RICO alleges on or about April 13, 2016, Respondents entered into a contract to conduct a background check on an individual for an upcoming child custody hearing and engaged in professional misconduct and conduct contrary to the ethical standards of private detectives by asking client to send sexually explicit photographs of the individual in possible violation of HRS §§ 436B-19(7) and 436B-19(9). (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent: Anazaohealth Corporation

Case Number: PHA 2021-60-L

Sanction: $500 fine

Effective Date: 6-16-22

RICO alleges that Respondent was disciplined by the Ohio Board of Pharmacy in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)

Respondent: Archway Apothecary LLC

Case Number: PHA 2022-13-L

Sanction: $1,000 fine

Effective Date: 6-16-22

RICO alleges that Respondent was disciplined by the Louisiana Board of Pharmacy and failed to timely report the action to the Board, in potential violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)

Respondent: Edge Pharma, LLC

Case Number: PHA 2022-18-L

Sanction: $1,000 fine

Effective Date: 6-16-22

RICO alleges that Respondent was disciplined by the State of California in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)

Respondent: Trustedmedrx, LLC

Case Number: PHA 2022-23-L

Sanction: $1,000 fine

Effective Date: 6-16-22

RICO alleges that Respondent was disciplined by State of Alabama and failed to timely report the action to the Board, in potential violation of HRS §§ 436B-19(13) and) and HAR § 16-95-110(a)(18). (Board approved Settlement Agreement.)

Respondent: Walgreens.com, Inc. dba Walgreens #02445

Case Number: PHA 2021-55-L

Sanction: $2,000 fine

Effective Date: 6-16-22

RICO alleges that Respondent was disciplined by the States of Iowa, Maine, and California and and failed to timely report the California disciplinary action to the Board, in potential violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)

MOTOR VEHICLE REPAIR INDUSTRY BOARD

Respondents: European Auto, Inc., and Angel L. Santiago

Case Number: MVI 2011-1-L; MVI 2011-46-L; and MVI 2011-64-L

Sanction: Revocation of license, revocation stayed and license suspended for 1 year, may reapply for reinstatement at end of suspension period if Respondents have not violated any laws or rules regarding motor vehicle dealers or salespersons, $2000 fine

Effective Date: 6-7-22

The Board adopted the Hearings Officer’s recommended decision and found and concluded that Respondent violated HRS §§ 437-12, 437-28(3), 437-28(4), 437-28(5), 437-28(6), 437-28(7), 436B-19(2). 436B-19(7), and 436B-19(8). (Boards Final Order after contested case hearing.)

Respondent: Lithia of Honolulu-BGMCC LLC, dba Honolulu Buick GMC Cadillac

Case Number: MVI 2020-80-L

Sanction: $20,000 fine

Effective Date: 6-7-22

RICO alleges Respondent employed an unlicensed motor vehicle salesperson in potential violation of HRS §§ 437-28(a)(15) and 437-28(a)(18)(B). (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents: Steamer’s Painting Inc and Stephen Johnson (Maui)

Case Number: CLB 2021-414-L

Sanction: $1,500 fine

Effective Date: 6-24-22

RICO alleges that on or about May 25, 2019, Respondent Steamers’ entered into a contract for exterior painting and staining using Cabot’s Australian Timber Oil Natural deck stain and failed to provide written disclosure of lien and bond rights in the contract, failed to disclose the contractor’s right to repair in the contract, and failed to follow product specifications for the deck stain in potential violation of HRS §§ 444-25.5(b)(1), 444-25.5(b)(2), and 444-17(5) and HAR § 16-77-97. (Board approved Settlement Agreement.)

Respondents: Wayland Lum Construction Inc. and Wayland D. Lum

Case Number: CLB 2021-249-L

Sanction: $3,500 fine

Effective Date: 6-24-22

RICO alleges Respondents entered into a contract to build a bedroom and bathroom and failed to and arrange for timely closing of the building permit, failed to build the bathroom in accordance with the plan and code, and did not provide the homeowner with the Contractor Repair Act disclosure in potential violation of HRS §§444-17(11) and 444-25.5(b)(2). (Board approved Settlement Agreement.)

Respondents: CDT Island Construction Incorporated and Chad Kwock On Tom

Case Number: CLB 2020-450-L

Sanction: License revocation

Effective Date: 6-24-22

RICO alleges on or about June 2020, Respondents submitted competitive sealed bids on seven construction projects to the State of Hawaii DOE that did not include properly executed or authorized bid security bonds in potential violation of HRS §§444-17(6), 436B-19(7) and 436B-19(8). (Board approved Settlement Agreement.)

Respondents: Redwater Construction LLC and Randall W. Ring (Hawaii)

Case Number: CLB 2021-297-L

Sanction: $4,000 fine

Effective Date: 6-24-22

RICO alleges on or about August 9, 2020, Respondent entered into a contract to build a new residence and aided and abetted unlicensed activity by contracting with an unlicensed subcontractor to install the roof, and failed to list the subcontractors and their license information in the contract in potential violation of HRS §§444-9.3 and 444-17(17) and HAR §§16-77-80(a)(5), 16-77-71, and 16-77-75. (Board approved Settlement Agreement.)

Respondents: Kauai Premier Builders LLC and Todd Dorny (Kauai)

Case Number: CLB 2022-27-L

Sanction: $5,000 fine

Effective Date: 6-24-22

RICO alleges on or about July 29, 2021, Respondents entered into a contract to build a pool, did not possess a C-49 (swimming pool) specialty classification, and paid an unlicensed contractor to build the pool in potential violation of HRS §§444-17(17), 436B-19(6) and 444-23(a). (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent: Sonya Song Taketa

Case Number: REC 2022-101-L

Sanction: $750 fine

Effective Date: 6-24-22

On or about January 17, 2022, RICO filed a Petition for Disciplinary Action Against Real Estate Salesperson’s License alleging that Respondent violated the following statutes and rules: HRS §§ 436B-19(2), 436B-19(5), 436B-19(12), 436B-19(14), 436B-19(17) and 467-20. (Commission’s approved Settlement Agreement.)

Respondent: Connie Friedrichs

Case Number: REC 2022-27-L

Sanction: $500 fine

Effective Date: 6-24-22

RICO alleges that Respondent self-reported a conviction of Operating a Vehicle Under the Influence of an Intoxicant in potential violation of HRS §§ 436B-19(12) and 436B-19(14). (Commission’s approved Settlement Agreement.)

Respondents: Ken Harris aka Kenneth E. Harris and Harris Hawaii Realty Group LLC

Case Number: REC 2019-385-L

Sanction: Revocation of real estate brokers licenses, pay restitution, and $4,000 fine

Effective Date: 6-24-22

The Commission adopted the Hearings Officer’s recommended decision and found and concluded that Respondents violated HRS § 467-14(7), (13), and (20); as well as HRS §436B-19(6), (7), (8), and (17). (Commission’s Final Order after contested case hearing.)

BOARD OF MASSAGE

Respondent: Jason Robert Myhre

Case Number: MAS 2014-24-L

Sanction: License revocation

Effective Date: 3-17-18

The Board adopted the Hearings Officer’s recommended decision and found and concluded that Respondent violated HRS §§ 452-24(a)(1) and (9) and 436B-19(9) and (17). (Board’s Final Order after contested case hearing.)

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

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Media Contact:
William Nhieu
Communications Officer
Department of Commerce and Consumer Affairs
[email protected]
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