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The Honolulu Advertiser
Posted on: Thursday, April 2, 2009

ARE YOU BUYING THIS?
Complaints could get secretive

By
Advertiser Columnist

If you are thinking of hiring a contractor, plumber, architect or a host of other businesses, you may want to check their complaint history now, because a proposal quietly making its way through the state Legislature would keep secret the existence of consumer complaints that fall short of disciplinary action.

The change is included in House Bill 1212 and would include accountants, activity desk personnel, acupuncturists, barbers, cosmetologists, chiropractors, dentists and dental hygienists, detectives, electricians, plumbers, engineers, architects, nurses, nursing home administrators, occupational therapists and real estate appraisers.

Two key state agencies oppose the bill — the state consumer advocates at the Department of Commerce and Consumer Affairs and the Office of Information Practices, which oversees the state's open government laws.

If the measure becomes law, state complaints and enforcement officer Jo Ann Uchida of the Regulated Industries Complaint Office said the department "could no longer disclose the existence of pending cases or cases closed without legal action to: 1) consumers via its Web site, by telephone, or in writing; 2) investigative and expert witnesses who may possess information or documentary evidence relating to a pending investigation; 3) other divisions within the Department, including the Professional and Vocational Licensing division and the Office of Administrative Hearings; and 4) the licensing boards."

She said the restrictions would significantly affect consumers.

The proposal was introduced by House Speaker Calvin Say and Rep. Brian Yamane. And the measure has the support of some dentists and Realtors.

Dr. Darrell Teruya, immediate past president of the Hawaii Dental Association, said there is an implication for those with pending complaints "of being guilty until proven innocent."

And, since the details are not available, he argued that it would be hard for anyone to determine the seriousness of the complaint.

The state Office of Information Practices also testified against the measure. "It cannot be disputed that the availability of such complaint information has been valuable to the public," said director Paul Tsukiyama.

He said many consumers have relied on these records to make informed decisions. "It is highly questionable as to how this bill would serve anyone other than the few licensees who want to hide their complaint records from the public's view," Tsukiyama said.

And state Sen. Les Ihara, a longtime advocate of open government, said the proposal has been moving forward this session without much notice.

"I think it would be a pretty big step backwards," Ihara said.

He said consumers have come to rely on being able to find out information about regulated businesses that cover a wide range of services and professions.

Ihara said he's concerned that the bill could take away information from consumers already struggling with a bad economy. "People do have to be more vigilant," Ihara warned. "People may cut corners."

Reach Robbie Dingeman at rdingeman@honoluluadvertiser.com or 535-2429.