DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings 

DAVID Y. IGE GOVERNOR

CATHERINE P. AWAKUNI COLÓN DIRECTOR

FOR IMMEDIATE RELEASE February 22, 2022

DCCA DISCIPLINARY ACTIONS (Through January 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 January 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.

MOTOR VEHICLE REPAIR INDUSTRY BOARD

Respondent:        Cummins Inc., dba Cummins Sales and Service

Case Number:     ARP 2021-2-L

Sanction:             $4,000 fine

Effective Date: 1-20-22

RICO alleges that on or about October 20, 2020 to January 22, 2021, Respondent engaged in approximately forty (40) separate instances of motor vehicle repair activity despite not having a licensed mechanic to supervise said activity, in potential violation of HRS §§ 437B-11(13) and 437B-23.5.  (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:        Pacifico National dba Amex Pharmacy

Case Number:     PHA 2020-187-L

Sanction:             $4,000 fine

Effective Date:     1-20-22

RICO alleges that Respondent was disciplined by the States of South Carolina, Ohio, Alabama, New Mexico, Colorado and Maryland and failed to report the disciplinary actions (except for Ohio) to the Board in writing within 30 days, in potential violation of HRS §§ 436B-19(13) and 461-24(a)(4) and HAR §16-95-110(a)(18).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents:      J. Fuller Construction, Inc. and James Fuller

Case Number:     CLB 2020-163-L

Sanction:             Voluntary Surrender of Licenses

Effective Date:     1-28-22

RICO alleges that Respondents had several construction projects ongoing in Hawaii while Respondent Fuller was in Texas from approximately October 4, 2019 through January19, 2020 and February 11, 2020 through September 16, 2020, in potential violation of HRS § 444-14(a) and HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5).  (Board approved Settlement Agreement.)

Respondents:      Valley Isle Builders, Inc. and Lars Bertelsen (Maui)

Case Number:     CLB 2021-76-L

Sanction:             $5,000 fine

Effective Date:     1-28-22

RICO alleges that Respondents failed to include all required information in the contract for the Project, in potential violation of HRS § 444-25.5 and HAR §§ 16-77-71(a)(5) and 16-77-80. (Board approved Settlement Agreement.)

Respondents:      Barker’s Painting LLC and Fabian R. Barker

Case Number:     CLB 2020-436-L

Sanction:             $2,500 fine

Effective Date:     1-28-22

RICO alleges that Respondents did not provide the homeowner with required disclosures regarding lien or bonding rights, or Respondents’ right as contractors to resolve any alleged construction defects in accordance with HRS § 672E-11, prior to beginning work on the project, in potential violation of HRS § 444-25.5 and HAR §§ 16-77-79 and 16-77-80.  (Board approved Settlement Agreement.)

Respondent:        John J. Stark

Case Number:     CLB 2021-426-L

Sanction:             $5,000 fine

Effective Date:     1-28-22

RICO alleges that Respondent allowed his name and license number to be used to obtain a building permit for a Project in Kahala for which Respondent was paid $2,000.00, but did not do any work on the Project, in potential violation of HRS § 444-9.3. (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:        Camellia Young

Case Number:     REC 2021-88-L

Sanction:             $4,500 fine and complete continuing education course(s)

Effective Date:     1-28-22

RICO alleges that Respondent failed to report the entry of a Circuit Court Final Judgment to the Commission in writing within 30 days, in possible violation of HRS §§ 436B-16, 467-14(13) and 467-14(20) and HAR § 16-99-3(b). (Commission approved Settlement Agreement.)

OFFICE OF THE DIRECTOR

Petitioner:            Kendera Singh

Case Number:     MAS TAX-2021-001

Tax Setoff:           $228.00

Effective Date:     1-14-22

The Director adopted the Hearings Officer’s recommended decision and found and concluded and affirmed that the proposed setoff against refund in the sum of $228.00 is proper.  (Director’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: April Rogers Communications Officer Department of Commerce and Consumer Affairs Email: [email protected] Office: (808) 586-7582