NEWS RELEASE: DCCA Disciplinary Actions (Through May 2022)
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Office of Administrative Hearings
DAVID Y. IGE
GOVERNOR
CATHERINE P. AWAKUNI COLÓN
DIRECTOR
FOR IMMEDIATE RELEASE
June 24, 2022
DCCA DISCIPLINARY ACTIONS
(Through May 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.
BOARD OF NURSING
Respondents: Linda Medastin, R.N.
Case Number: CLB 2021-249-L
Sanction: $1,000 fine
Effective Date: 5-5-22
RICO alleges that on or about September 9, 2021, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statute(s) and/or rule(s): HRS §§ 436B-19(13), 436B-19(15), 457-12(a)(8), 457-12(a)(10) and HAR § 16-89-60(5). (Board approved Settlement Agreement.)
BOARD OF PHARMACY
Respondent: COSTCO Wholesale Corporation, dba COSTCO Pharmacy #562
Case Number: PHA 2021-68-L
Sanction: $500 fine
Effective Date: 5-19-22
RICO alleges that Respondent was disciplined by the Board of Pharmacy for the States of Maine and Alaska, in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: Easy Rx Pad, LLC, dba Procure Pharmaceutical Services
Case Number: PHA 2022-22-L
Sanction: $1,000 fine
Effective Date: 5-19-22
RICO alleges that Respondent was disciplined by the State of Kansas 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: Chewy Pharmacy KY, LLC
Case Number: PHA 2021-45-L
Sanction: $500 fine
Effective Date: 5-19-22
RICO alleges that Respondent was disciplined by the State of Maine, in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: Caremark Texas Mail Pharmacy, LLC, dba CVS Caremark
Case Number: PHA 2022-19-L
Sanction: $1,000 fine
Effective Date: 5-19-22
RICO alleges that Respondent was disciplined by the State of Maine and failed to timely report the action to the Board, in potential violation of HRS §§ 436B-19(13) and 461-21(a)(4) and HAR § 16-95-110(a)(18). (Board approved Settlement Agreement.)
Respondent: Agropec Trading, LLC dba Allivet
Case Number: PHA 2022-2-L
Sanction: $1,500 fine
Effective Date: 5-19-22
RICO alleges that Respondent was disciplined by the States of Nebraska and Alabama and failed to timely report the Nebraska disciplinary action to the Board, in potential violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
Respondent: Pacifico West Rx, Inc., dba Purescience Rx
Case Number: PHA 2022-8-L
Sanction: $500 fine
Effective Date: 5-19-22
RICO alleges that Respondent was disciplined by the State of Virginia, in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: Promise Pharmacy, LLC
Case Number: PHA 2021-4-L
Sanction: $1,000 fine
Effective Date: 5-19-22
RICO alleges that Respondent was disciplined by the States of Florida and Maine, in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: RXC Acquisition Company, dba RxCrossroads by McKesson
Case Number: PHA 2022-25-L
Sanction: $500 fine
Effective Date: 5-19-22
RICO alleges that Respondent was disciplined by the State of Kentucky, in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: Integrity Rx Specialty Pharmacy, LLC
Case Number: PHA 2022-6-L and PHA 2022-21-L
Sanction: $1,000 fine
Effective Date: 5-19-22
RICO alleges that Respondent was disciplined by the States of Louisiana and Alabama, in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: Enclara Pharmacia, Inc.
Case Number: PHA 2022-14-L
Sanction: $500 fine
Effective Date: 5-19-22
RICO alleges that Respondent was disciplined by the State of Louisiana, in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: Watson Rx Solutions, Inc.
Case Number: PHA 2022-7-L
Sanction: $1,500 fine
Effective Date: 5-19-22
RICO alleges that Respondent was disciplined by the States of Mississippi and Alabama and failed to timely report the actions to the Board, in potential violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
Respondent: Valor Compounding Pharmacy
Case Number: PHA 2020-154-L
Sanction: $1,000 fine
Effective Date: 5-19-22
RICO alleges that Respondent was disciplined by the State of California, in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
Respondent: Walgreens.com, Inc., dba Walgreens
Case Number: PHA 2021-54-L
Sanction: $1,000 fine
Effective Date: 5-19-22
RICO alleges that Respondent was disciplined by the State of California 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: SP2, LLC
Case Number: PHA 2021-58-L
Sanction: $500 fine
Effective Date: 5-19-22
RICO alleges that Respondent was disciplined by the State of Alabama, in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
MOTOR VEHICLE REPAIR INDUSTRY BOARD
Respondents: Tony Hawaii Hilo, LLC and Dustin Higa (Hawaii)
Case Number: ARP 2021-59-L and ARP 2022-25-L
Sanction: $750 fine
Effective Date: 5-19-22
RICO alleges that from July 1, 2021 to March 28, 2022, Respondent TONY HAWAII advertised, marketed, and performed motor vehicle repairs for compensation without a licensed mechanic in A1, A2, A3, A6, A7 and A8 classifications, in potential violation of HRS §§ 437B-11(6), 437B-11(13) and 437B-23.5 and HAR § 16-87-33(3). RICO also alleges that from July 1, 2021 to March 28, 2022, Respondent HIGA engaged in activities of a mechanic for compensation without a valid mechanic’s license, in potential violated HRS §§ 437B-7, 437B-11(6) and 436B-19(17). (Board approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondents: Duarte N. Lima (Kauai)
Case Number: CLB 2021-283-L
Sanction: $1,000 fine
Effective Date: 5-19-22
RICO alleges that on or about October 29, 2018, Respondent registered with the State of Hawaii the tradename Acacia Construction. RICO also alleges that Respondent advertised for contracting services, including but not limited to home construction and remodeling, in Acacia’s name and on Acacia’s website. RICO alleges that Respondent used his license number on Acacia’s website. Respondent did not state that the license number was Respondent’s and not Acacia’s. RICO alleges that Respondent did not register any trade name that he would operate under with the Board, in potential violation of HRS § 444-17(12) and HAR § 16-77-8(a). (Board approved Settlement Agreement.)
BOARD OF NATUROPATHIC MEDICINE
Respondents: Michelle N. F. Sayball, N.D. (Maui)
Case Number: NAT 2021-4-L
Sanction: Reprimand, $2,000 fine and complete continuing education course(s)
Effective Date: 5-25-22
RICO alleges that Respondent breached patient privacy and confidentiality, in potential violation of HRS §§ 455-11(5) and 455-11(18) and HAR §§ 16-88-80(a)(3) and 16-88-80(a)(8)(B). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondent: Touchstone Properties, LTD.
Case Number: REC 2021-168-L
Sanction: $500 fine and pay restitution
Effective Date: 5-27-22
RICO alleges that Respondent violated HRS § 514B-154(j) by charging more than the statutory limit of $1.00 per page for documents requested by an owner. RICO also alleges that Respondent, as a result of their request for administrative fees in violation of HRS § 514B-154(j), the production of the Owners List was delayed, resulting in the failure to deliver the Owners List within the required thirty days, all in potential violation of HRS §§ 467-14(13), 514B-154.5(a)(6), (12) and (14), 514B-154.5(c) and 514B-154.5(f). (Board approved Settlement Agreement.)
Respondent: Touchstone Properties, LTD.
Case Number: REC 2021-238-L
Sanction: $1,500 fine
Effective Date: 5-27-22
RICO alleges that Respondent failed to respond to Complainant’s document request in accordance with HRS Chapter 514B within the required thirty days, in potential violation of HRS §§ 467-14(13), 514B-154.5(a)(12) and (14) and 514B-154.5(c). (Board approved Settlement Agreement.)
Respondent: Touchstone Properties, LTD.
Case Number: REC 2021-254-L
Sanction: $2,500 fine
Effective Date: 5-27-22
RICO alleges that Respondent failed to respond to Complainant’s document request in accordance with HRS Chapter 514B within the required thirty days, in potential violation of HRS §§ 467-14(13), 514B-154.5(a)(12) and (14) and 514B-154.5(c). (Board approved Settlement Agreement.)
Respondent: Touchstone Properties, LTD.
Case Number: REC 2021-285-L
Sanction: $3,000 fine
Effective Date: 5-27-22
RICO alleges that Respondent failed to respond to Complainant’s document request in accordance with HRS Chapter 514B within the required thirty days, in potential violation of HRS §§ 467-14(13), 514B-154.5(a)(12) and (14) and 514B-154.5(c). (Board approved Settlement Agreement.)
Respondent: Touchstone Properties, LTD.
Case Number: REC 2021-286-L
Sanction: $4,000 fine
Effective Date: 5-27-22
RICO alleges that Respondent failed to respond to Complainant’s document request in accordance with HRS Chapter 514B within the required amount of time, in potential violation of HRS §§ 467-14(13) and 514B-154.5(a)(9) and (14). (Board approved Settlement Agreement.)
Respondent: Touchstone Properties, LTD.
Case Number: REC 2021-287-L
Sanction: $4,500 fine
Effective Date: 5-27-22
RICO alleges that Respondent failed to respond to Complainant’s document request in accordance with HRS Chapter 514B within the required thirty days, in potential violation of HRS §§ 467-14(13), 514B-154.5(a)(12) and (14) and 514B-154.5(c). (Board approved Settlement Agreement.)
Respondent: James M. Merrell
Case Number: REC 2021-168-L plus 5 other cases
Sanction: $4,000 fine
Effective Date: 5-27-22
RICO alleges that Respondent has direct management and supervision over the brokerage firm (Touchstone Properties, Ltd.) and its real estate licenses. In execution of these duties, Respondent failed to supervise his employees pertaining to document requests made pursuant to HRS Chapter 514B and personally lost records pertaining to changes in Waialae Places board’s compensation. RICO alleges that Respondent violated HRS § 514B-154(j) by charging more than the statutory limit of $1.00 per page. RICO also alleges that Respondent failed to respond to Complainant’s document request in accordance with HRS Chapter 514B by the required deadline on six separate instances, all in potential violation of HRS §§ 467-1.6, 467-14(13), 514B-154.5(a)(6), (9), (12) and (14), 514B-154.5(c) and 514B-154.5(f). (Board approved Settlement Agreement.)
Respondent: Gordon Heinicke
Case Number: REC 2021-168-L plus 5 other cases
Sanction: $250 fine
Effective Date: 5-27-22
RICO alleges that Respondent was the real estate salesperson managing Waialae Place for Respondents Touchstone and Merrrell. RICO alleges that Respondent violated HRS § 514B-154(j) by charging more than the statutory limit of $1.00 per page. RICO also alleges that Respondent failed to respond to Complainant’s document request in accordance with HRS Chapter 514B by the required deadline on six separate instances, all in potential violation of HRS §§ 467-14(13), 514B-154.5(a)(6), (9), (12) and (14), 514B-154.5(c) and 514B-154.5(f). (Board approved Settlement Agreement.)
Respondent: Certified Management, Inc.
Case Number: REC 2020-447-L
Sanction: $3,000 fine
Effective Date: 5-27-22
RICO alleges that Respondent failed to notify Complainant in writing at least ten days prior to incurring the reasonable costs of providing the information, namely the charge for administrative hours exceeding eight hours for the year 2020. The cost would be incurred on December 16, 2020, the date the documents were due. Respondent provided a six-day notice to Complainant. RICO alleges that Respondent failed to deliver any documents outlined in Complainant’s request, due to Respondent’s failure to provide a ten-day notice prior to incurring costs, by the statutory deadline of December 16, 2020. RICO alleges that Respondent failed to provide written authorization or written refusal with an explanation for the requested documents by December 16, 2020, all in potential violation of HRS §§ 467-14(13), 514B-154.5(a)(10), (12) and (14), and 514B-154.5(b)-(c). (Board approved Settlement Agreement.)
Respondent: Quam Properties Hawaii, Inc. (Maui)
Case Number: REC 2021-255-L
Sanction: $1,500 fine
Effective Date: 5-27-22
RICO alleges that Respondent failed to deliver the termite report or provide a legally compliant response to the Complainant within thirty days of Complainant’s February 14, 2022 request. RICO alleges that Respondent failed to provide written authorization or written refusal with an explanation for other documents not required under the applicable statutes within thirty days of Complainant’s February 14, 2022 request, all in potential violation of HRS §§ 467-14(13), 514B-154.5(a)(10), (12) and (14), and 514B-154.5(c). (Board approved Settlement Agreement.)
Respondents: Nancy S. Cabral and Day-Lum Rentals & Management Inc., dba Day-Lum Rentals (Hawaii)
Case Number: REC 2013-378-L
Sanction: $500 fine
Effective Date: 5-27-22
RICO alleges that in or around 2013, a complaint was filed alleging the Respondents and their agents and affiliates mismanaged a vacation rental home located in Keaau, Hawaii, in potential violation of HRS §§ 467-1.6(a), 467-1.6(b)(1) – (b)(3) and (b)(8) and/or 467-14(13). (Board approved Settlement Agreement.)
Respondents: Kailua Beach Realty Ltd., Yukie M.L. Pakele and Timothy Murray
Case Number: REC 2020-191-L
Sanction: $2,000 fine and automatic revocation of licenses without further hearing if Respondents fail to fully and timely comply with the terms of this Settlement Agreement
Effective Date: 5-27-22
RICO alleges that in March 2020, a dispute between Respondents and Tenants began. The dispute escalated to an in-person meeting between Tenants and Respondents on March 3, 2020, where Tenants, Respondent Murray and Respondent Pakele disputed essential and material terms of the First Rental Agreement that were not set forth in the First Rental Agreement as well whether the Second Rental Agreement had been executed fully, in potential violation of HRS §§ 436B-19(7), 436B-19(17) and 467-14(13) and HAR §§ 16-99-3(a) and 16-99-3(f) (Board approved Settlement Agreement.)
Respondents: Bill Ramsey, Inc. and Tisha A. Ramsey
Case Number: REC 2021-122-L
Sanction: $4,000 fine and automatic revocation of licenses without further hearing if Respondents fail to fully and timely comply with the terms of this Settlement Agreement
Effective Date: 5-27-22
RICO alleges that from January through July of 2019, the Trust did not receive any rental proceeds from Respondent Bill Ramsey, Inc., and the Trust made several attempts via phone, email, and mail to inquire as to the status of its account, including but not limited to a demand letter sent via certified mail on or about July 11, 2019, and an in-person visit to Respondent Bill Ramsey, Inc.’s office on July 29, 2019 where the Trust’s representative was informed that Respondent Tisha A. Ramsey was not available. RICO alleges that Respondent Tisha A. Ramsey has stated that the documents relevant to the matters described herein are unavailable as the documents were inadvertently disposed of by an employee of Respondent Bill Ramsey, Inc., all in potential violation of HRS §§ 467-1.6(a), 467-1.6(b)(1), 467-1.6(b)(2), 467-1.6(b)(3), 467-14(7), 436-19(17) and 467-14(20) and HAR § 16-99-4(a). (Board approved Settlement Agreement.)
Respondent: Wendy M. Walker, dba Wendy Walker (Maui)
Case Number: REC 2021-264-L
Sanction: $1,000 fine
Effective Date: 5-27-22
On or about January 26, 2022, RICO filed a Petition for Disciplinary Action Against Real Estate Salesperson’s License in RICO Case No. REC 2021-264-L, 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. (Board approved Settlement Agreement.)
Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/
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