DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

DAVID Y. IGE GOVERNOR

CATHERINE P. AWAKUNI COLÓN DIRECTOR

FOR IMMEDIATE RELEASE January 28, 2022

DCCA DISCIPLINARY ACTIONS (Through December 2021)

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 December 2021 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 PHARMACY

Respondent: Wal Mart Stores East LP. Dba Wal Mart Pharmacy 10-5315 Case Number: PHA 2021-9-L Sanction: $500 fine Effective Date: 12-16-21

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

Respondent: DEGC Enterprises (U.S.), Inc., dba CCS Medical

Case Number: PHA 2021-13-L Sanction: $500 fine Effective Date: 12-16-21

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

Respondent: ACCREDO Health Group, Inc.

Case Number: PHA 2020-182-L Sanction: $500 fine Effective Date: 12-16-21

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

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURYEYORS AND LANDSCAPE ARCHITECTS

Respondent: Louis E. Pare (Hawai’i) Case Number: ENG 2017-26-L Sanction: $1,000 fine Effective Date: 12-9-21

RICO alleges that Respondent reviewed and stamped land survey maps for Island Boundary, an unlicensed land surveying business.  RICO also alleges that Island Boundary used Respondent’s license in advertising and marketing itself as a land surveying business despite Respondent not being an employee or supervisor of Island Boundary, all in potential violation of HRS § 436B-19(6) and HAR § 16-115-10(3).  (Board approved Settlement Agreement.)

PEST CONTROL BOARD

Respondent: Oahu Termite & Pest Management LLC, dba Oahu Termite and Pest Control Case Number: PCO 2021-6-L Sanction: Stipulated License Revocation Effective Date: 11-22-21

RICO alleges that Respondent failed to provide pest-control and related services it had warranted and agreed to provide to a customer at her home in Honolulu, in possible violation of HRS § 460J-15(a)(4).  (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent: Gina Elizabeth Cole, R.N., A.P.R.N. Case Number: RNS 2020-15-L Sanction: $1,000 fine Effective Date: 12-2-21

On or about August 19, 2021. RICO filed an Amended Petition for Disciplinary Action alleging that Respondent violated, in part, the following statute(s) and/or rules: HRS §§ 436B-19(13), 436B-19(15), 457-12(a)(8) and 457-12(a)(10) and HAR § 16-89-60(5).  (Board approved Settlement Agreement.)

Respondent: Carol A. Davis Case Number: RNS 2021-385-L Sanction: Reprimand Effective Date: 12-2-21

RICO alleges that Respondent had disciplinary actions in the States of West Virginia, Pennsylvania, Texas and Illinois, in potential violation of HRS § 457-12(a)(8).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents: Brilliant Construction, Inc. and Benny Lee Case Number: CLB 2018-284-L Sanction: Revocation of Licenses Effective Date: 9-24-21

On September 24, 2021, the Board upheld its November 20, 2020 BFO and voted to revoke Respondents’ licenses.  (Board’s Final Order for Non-Compliance with a Previous Board’s Final Order.)

BOARD OF ELECTRICIANS AND PLUMBERS

Respondents: Thomas H. Ogawa (Hawai’i) Case Number: ENP 2021-30-L Sanction: $1,000 fine Effective Date: 12-7-21

RICO alleges that in March 2018, Respondent signed, dated, and submitted a written application to the Board for a journey worker plumber’s license that failed to disclose the fact that he had four criminal convictions on his record – one from 1999, two from 2001, and one from 2008, in possible violation of HRS § 448E-10(a)(1) (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondents: Richard P. Pascua, Sr., Kama’aina Realty LLC and XDITTO LLC Case Number: REC 2021-76-L Sanction: $2,500 fine and Agreement Not to Seek Active Status, Renewal, Reinstatement, or Restoration of License(s) for Kama’aina Realty LLC and XDITTO LLC Effective Date: 12-17-21

RICO alleges that real estate salesperson Ioane K.K. Iokia, who was associated with Respondent XDITTO LLC and subject to Respondent Pascua’s management and supervision,  performed real estate transactions and earned commission without an active current, and valid real estate salesperson’s license in good standing.  RICO also alleges that on May 15, 2020 the Hawaii Department of Taxation recorded a Certificate of State Tax Lien against Kama’aina Realty LLC, which is the former name of XDITTO LLC, and Richard P. Pascua for unpaid tax liabilities, all in possible violation of HRS §§ 467-1.6(a), 467-1.6(b)(7) and 467-14(20). (Commission approved Settlement Agreement.)

Respondents: The Honolulu Group dba RE/MAX Honolulu Case Number: REC 2020-439-L Sanction: $2,500 fine Effective Date: 12-17-21

RICO alleges that on or about October 1, 2020, one of Respondent’s salespersons wrote to the tenant of a property under Respondent’s management, and informed the tenant that the tenant’s lease was “null and void,” when in fact the lease was legal an enforceable, and there was time remaining on the lease, in possible violation of HRS § 467-14(13) and HAR § 16-99-3(b).  (Commission approved Settlement Agreement.)

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