DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

OFFICE OF ADMINISTRATIVE HEARINGS

 DAVID Y. IGE GOVERNOR

CATHERINE P. AWAKUNI COLÓN DIRECTOR

FOR IMMEDIATE RELEASE November 27, 2020

DCCA DISCIPLINARY ACTIONS (Through October 2020)

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 2020 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 PSYCHOLOGY

Respondent:        Jillian Inouye Case Number:     PSY 2019-22-L Sanction:             Voluntary surrender of license Effective Date:     10-12-20

RICO alleges that at the time Respondent applied to renew her license on or about May 15, 2018, Respondent had not completed eighteen hours of continuing education and has not completed those eighteen credit hours to date, in possible violation of HRS §§ 465-11(c)(2), 465-11(g) and 465-13(a)(2).  (Board approved Settlement Agreement.)

Respondent:        Karen A. Tyson, Psy.D. Case Number:     PSY 2019-16-L Sanction:             $500 fine and complete continuing education Effective Date:     9-11-20

RICO alleges that Respondent failed to sufficiently explore the neuropsychological foundations for anti-NMDAR receptor encephalitis before rendering her diagnosis and prognosis of her minor patient, and used incomplete information and/or failed to document a want of information in rendering her diagnoses of her minor patient, in possible violation of HRS § 465-13(a)(1).  (Board approved Settlement Agreement.)

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:        Premier Enterprise Sales and Service Inc. dba Premier Automotive Case Number:     MVI 2019-30-L Sanction:             $500 fine Effective Date:     10-13-20

RICO alleges that on or about February 13, 2019, a customer purchased a vehicle from Respondent.  During the transaction, the wrong odometer reading was written on the bill of sale and certificate of title.  In addition, Respondent’s contract did not include the “door-to-door,” “3 day right to cancel,” or the “as is” language, in possible violation of HRS §§ 437-28(a)(3), 437-28(a)(17)(F) and 481J-3(d).  (Board approved Settlement Agreement.)

HAWAII MEDICAL BOARD

Respondent:        Daniel A. Capen, M.D. Case Number:     MED 2018-116-L Sanction:             Voluntary revocation of license, agreement to cease practicing medicine in the State of Hawaii and agreement not to seek reinstatement or restoration of license or new license Effective Date:     10-8-20

RICO alleges that pursuant to a plea agreement, Respondent pleaded guilty to two charges:       1) conspiracy, in violation of 18 U.S.C. § 371 and 2) Receipt of Kickbacks in Connection with a Federal Health Care Program, in violation of 42 U.S.C. § 1320a-7b(1)(a).  Board approved Settlement Agreement.)

Respondent:        Christopher M. Quinn, D.O. Case Number:     MED 2020-141-L Sanction:             $1,000 fine Effective Date:     10-8-20

RICO alleges that Respondent was disciplined by the States of Michigan, North Carolina and Florida, in possible violation of HRS § 453-8(a)(11).  (Board approved Settlement Agreement.)

Respondent:        Nancy M. Satur, M.D. Case Number:     MED 2020-32-L Sanction:             $500 fine Effective Date:     10-8-20

RICO alleges that Respondent was disciplined by the State of Michigan and failed to timely report the Michigan action to the Board, in possible violation of HRS §§ 453-8(a)(11) and 453-8(a)(14).  (Board approved Settlement Agreement.)

Respondent:        Ruth A. Schack, M.D. Case Number:     MED 2020-48-L Sanction:             $500 fine Effective Date:     10-8-20

RICO alleges that Respondent was disciplined by the Medical Board of California and failed to timely report the California action to the Board, in possible violation of HRS §§ 453-8(a)(11) and 453-8(a)(14).  (Board approved Settlement Agreement.)

Respondent:        Walter Y. Uyesugi, D.O. Case Number:     MED 2020-113-L Sanction:             $750 fine Effective Date:     10-8-20

RICO alleges that Respondent was disciplined by the States of North Carolina, Maryland, California, Pennsylvania, Rhode Island, and Michigan and failed to report the California, Maryland and Pennsylvania disciplinary actions to the Board within thirty (30) days, in possible violation of HRS §§ 453-8(a)(11) and 453-8(a)(14).  (Board approved Settlement Agreement.)

Respondent:        Frank D. Winters, D.O. Case Number:     MED 2020-140-L Sanction:             $500 fine Effective Date:     10-8-20

RICO alleges that Respondent was disciplined by the State of Michigan and failed to timely report the Michigan action to the Board, in possible violation of HRS §§ 453-8(a)(11) and 453-8(a)(14).  (Board approved Settlement Agreement.)

Respondent:        Parin Patel, M.D. Case Number:     MED 2016-218-L and MED 2017-94-L Sanction:             License revocation Effective Date:     10-30-20

The Board adopted the Hearing Officer’s Findings of Fact, Conclusions of Law and Recommended Order granting Petitioner’s Motion for Summary Judgment and found and concluded that Respondent violated HRS §§ 436B-16, 453-8(a)(15), 453-8(8), 436B-19(8) and 453-8(a)(9).  (Board’s Final Order after contested case hearing.)

BOARD OF ELECTRICIANS AND PLUMBERS

Respondent:        John L. Palleschi (Hawaii) Case Number:     ENP 2019-19-L Sanction:             $500 fine Effective Date:     10-9-20

RICO alleges that on or about June 26, 2014, Respondent pled guilty to the petty misdemeanor criminal charge of Failure to Appear.  RICO also alleges that on or about May 2, 2017, Respondent electronically renewed his license and answered “No” to the question: “In the past 3 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS § 448E-10(a)(1).  (Board approved Settlement Agreement.)

BOARD OF PHYSICAL THERAPY

Respondent:        Wendy Weiss Moore Case Number:     PTS 2020-7-L Sanction:             Agreement not to practice and not to renew physical therapist’s license Effective Date:     9-8-20

RICO alleges Respondent did not complete the requisite 30 approved continuing competence units in the two years preceding her 2018 renewal.  On or about February 15, 2019, the Board’s executive officer wrote to Respondent to request documentation to verify Respondent’s completion of the required continuing competence units.  Respondent did not provide the Board with documentation of the required continuing competence units upon being requested to do so, in potential violation of HRS §§ 436B-19(2), 461J-10.1(a) and 461J-10.15(d).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents:      McKee Construction & Remodeling Hawaii, LLC and Jesse J. Perez-McKee (Maui) Case Number:     CLB 2018-156-L Sanction:             $2,500 fine Effective Date:     10-16-20

RICO alleges that Respondents’ contract for the remodeling of a condominium in Wailea, Hawaii, was missing required homeowner disclosures, in possible violation of HRS § 444-25.5(b) and HAR §§ 16-77-80 and 16-77-97.  (Board approved Settlement Agreement.)

Respondents:      Ship to Shore Custom Builders, LLC and Ian M. Bender (Maui) Case Number:     CLB 2016-17-L & 2018-435-L Sanction:             Voluntary revocation of licenses Effective Date:     10-16-20

RICO alleges that Respondents failed to follow the plans and specifications in the renovation of a restaurant in Kihei, Hawaii, Respondents failed to include all required disclosures in the contract to renovate a homeowner condominium in Kihei, Hawaii and Respondent Bender (RME) was not in residence in the State of Hawaii at all times during the renovation of the condominium in Kihei, Hawaii, in possible violation of HRS §§ 444-17(5) and 444-25.5 and HAR §§ 16-77-71(a)(4) and 16-77-80.  (Board approved Settlement Agreement.)

Respondents:      Tesla Energy Operations, Inc., formerly dba Solarcity Corporation, and Anthony W. Lagia Case Number:     CLB 2014-364-L & 2016-22-L Sanction:             $1,500 fine Effective Date:     10-16-20

RICO alleges that Respondents failed to notify the Board in writing of three disciplinary actions and one arbitration award in states other than Hawaii, in possible violation of HRS § 436B-16 and HAR § 16-77-71.  (Board approved Settlement Agreement.)

Respondents:      Jacobsen Construction Company, Inc. and Steven B. Nelson Case Number:     CLB 2012-149-L & 2017-373-L Sanction:             $50,000 fine Effective Date:     10-16-20

RICO alleges that Respondent Nelson (RME) was not in residence in the State of Hawaii the entire time that Respondents were working on Projects in the State of Hawaii and that on or about November 23, 2016, Respondents were fined by the State of Hawaii, Department of Labor and Industrial Relations, Wage Standards Division, in possible violation of HRS § 444-17(6) and HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5).  (Board approved Settlement Agreement.)

Respondents:      Viacon, Inc. & Russell N. Via Case Number:     CLB 2019-528-L Sanction:             $15,000 fine Effective Date:     10-16-20

RICO alleges that Respondents abetted an unlicensed person to evade the requirements of HRS Chapter 444, in possible violation of HRS § 444-9.3.  (Board approved Settlement Agreement.)

Respondent:        Ted A. Ganir (Hawai’i) Case Number:     CLB 2019-61-L Sanction:             $5,000 fine Effective Date:     10-16-20

RICO alleges that Respondent aided or abetted an unlicensed person to evade HRS Chapter 444, in possible violation of HRS § 444-9.3.  (Board approved Settlement Agreement.)

Respondent:        Chun Hwa Kim, dba SH Electric Case Number:     CLB 2015-207-L Sanction:             $2,500 fine Effective Date:     10-16-20

RICO alleges that Respondent aided and abetted an unlicensed person to evade the requirements of HRS Chapter 444, in possible violation of HRS § 444-9.3.  (Board approved Settlement Agreement.)

Respondents:      Maui Master Builders, Inc. & Duane P. Ting (Maui) Case Number:     CLB 2019-385-L Sanction:             $1,000 fine Effective Date:     10-16-20

RICO alleges that Respondents failed to report to the Board the two fines assessed by the State of Hawaii, Department of Labor and Industrial Relations, Wage Standards Division, in possible violation of HRS § 444-17(6) and HAR § 16-77-75.  (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:        Injured Workers Pharmacy LLC Case Number:     PHA 2020-94-L Sanction:             $500 fine Effective Date:     10-15-20

RICO alleges that disciplinary action was taken against Respondent in Massachusetts, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

COLLECTION AGENCIES PROGRAM

Respondent:        Asset Acceptance, LLC Case Number:     COL 2019-8-L Sanction:             $500 fine Effective Date:     10-30-20

RICO alleges that Respondent failed to report in writing to the Program the Voluntary Settlement Agreement with the North Carolina Department of Insurance, in possible violation of HRS § 436B-3.5(h).  (Director approved Settlement Agreement.)

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

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Media Contact: Jayson Horiuchi Communications Officer Department of Commerce and Consumer Affairs Email: [email protected] Phone: (808) 586-7582