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NEWS RELEASE: DCCA DISCIPLINARY ACTIONS (Through June 2015)

Posted on Jul 9, 2015 in News Releases, OAH

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE
July 9, 2015

DCCA DISCIPLINARY ACTIONS
(Through June 2015)

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 June 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 or vocational licenses are performing up to the standards prescribed by state law.

BOARD OF NURSING

Respondent: Terri-Lee Kalua Pascua, fka Terri-Lee K. Pai
Case Number: RNS 2010-42-L and RNS 2010-43-L
Sanction: Voluntary surrender of license
Effective Date: 6-4-15

Respondent admittedly violated HRS § 457-12(a)(6) by engaging in professional misconduct and HRS § 457-12(a)(9) by being convicted of a penal offense substantially related to the qualifications, functions, or duties of a nurse. Respondent admittedly created fake CPR certificates for an individual and represented that the individual was qualified to be a substitute caregiver/nurse’s aide to a patient/client. Respondent was the caregiver to a terminally ill patient and diverted $17,680 from two accounts belonging to the patient by stealing blank checks from the patient, making the checks out to cash, and forging the patient’s signature. Respondent pleaded guilty to one count of bank fraud in the United States District Court and was sentenced to 15 months in prison. (Board approved Settlement Agreement).
MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent: Jason M. Stewart
Case Number: MVI 2013-35-L
Sanction: $2,000 fine
Effective Date: 6-16-15

Respondent allegedly violated HRS §§ 436B-19(2), 436B-19(5) and 437-28(a)(1) by failing to disclose on his application for a motor vehicle salesperson license that he had three convictions within the past 20 years, which were not annulled or expunged. (Board approved Settlement Agreement).

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent: Henry T. Wu
Case Number: ENG 2014-32-L
Sanction: $2,500 fine
Effective Date: 6-4-15

Respondent admittedly violated HRS §§ 436B-13 and/or 464-9(d) by failing to timely complete required continuing education credits to satisfy renewal requirements. (Board approved Settlement Agreement).

Respondent: Jack L. Levin
Case Number: ENG 2014-37-L
Sanction: $1,000 fine
Effective Date: 6-4-15

Respondent admittedly violated HRS §§ 436B-13 and/or 464-9(d) by failing to timely complete required continuing education credits to satisfy renewal requirements. (Board approved Settlement Agreement).

HAWAII MEDICAL BOARD

Respondent: Jason K. Meyers
Case Number: MED 2012-192-L
Sanction: Licensee placed on probation for one year and shall not be convicted of driving under the influence of an intoxicant during the probationary period
Effective Date: 6-18-15

Respondent, an emergency medical technician, allegedly violated HRS §§ 436B-19(17) and 453-8(a)(15) by submitting a false statement to the Board in his January 2010 renewal application. Respondent allegedly answered “no” to the question “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged” when he allegedly had been convicted of driving under the influence of an intoxicant on July 1, 2009. (Board approved Settlement Agreement).

BOARD OF BARBERING AND COSMETOLOGY

Respondents: L’Mour Nail & Beauty Salon, Inc. and Thuy Thi Van and James C. Dang
Case Number: BAR 2014-59-L
Sanction: L’Mour Nail & Beauty Salon Inc.: $500 fine
Thuy Thi Van: $250 fine
James C. Dang: $250 fine
Effective Date: 6-15-15

Respondents, as the beauty shop and the designated beauty operators for L’Mour Nail & Beauty Salon, Inc., admittedly violated HRS § 439-19(a)(3) by permitting an unlicensed individual to perform cosmetology on the premises of L’Mour Nail & Beauty Salon, Inc. for compensation. (Board approved Settlement Agreement).

BOARD OF PHARMACY

Respondent: Renwick G. Serna
Case Number: PHA 2015-4-L
Sanction: Licensee on probation for one year, $2,000 fine, report to the Board, in writing, any medication error incident within 15 days of occurrence
Effective Date: 6-18-15

Respondent allegedly violated HRS § 436B-16(a) by failing to provide written notice of a malpractice lawsuit settlement within 30 days, HRS § 461-21(a)(2) by failing to act competently in the practice of pharmacy, and HRS § 461-21(a)(9) by failing to report the malpractice lawsuit settlement on his Nov. 30, 2011 and Dec. 30, 2013 renewal applications. Respondent allegedly failed to act competently in ordering the wrong dosage of medication for a patient. (Board approved Settlement Agreement).

Respondent: Walgreens Mail Service, Inc.
Case Number: PHA 2015-1-L
Sanction: $500 fine
Effective Date: 6-18-15

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Colorado. (Board approved Settlement Agreement).

Respondent: Caremark Florida Mail Pharmacy, LLC dba CVS Caremark
Case Number: PHA 2014-32-L
Sanction: $2,500 fine
Effective Date: 6-18-15

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in South Carolina, Colorado, and Utah. (Board approved Settlement Agreement).

Respondent: Caremark Texas Mail Pharmacy, LLC, dba CVS Caremark
Case Number: PHA 2014-37-L
Sanction: $2,000 fine
Effective Date: 6-18-15

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in South Carolina and Oregon and failing to report these actions to the Hawaii Board within 30 days of the disciplinary decisions. (Board approved Settlement Agreement).

Respondent: Caremark Illinois Mail Pharmacy, LLC, dba CVS Caremark
Case Number: PHA 2014-35-L
Sanction: $2,000 fine
Effective Date: 6-18-15

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in South Carolina and Utah and failing to report these actions to the Hawaii Board within 30 days of the disciplinary decisions. (Board approved Settlement Agreement).

Respondent: Restore Health Pharmacy, LLC
Case Number: PHA 2014-30-L
Sanction: $1,500 fine
Effective Date: 6-18-15

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Wisconsin, Illinois and Delaware and failing to report these actions to the Hawaii Board within 30 days of the disciplinary decisions. (Board approved Settlement Agreement).

Respondent: Civic Center Pharmacy
Case Number: PHA 2014-31-L
Sanction: $1,500 fine
Effective Date: 6-18-15

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in North Carolina. (Board approved Settlement Agreement).

REAL ESTATE COMMISSION

Respondent: Justin V. Bizer
Case Number: REC 2014-118-L
Sanction: $500 fine
Effective Date: 6-26-15

Respondent allegedly failed to adhere to a law in a manner such that the licensing authority deems the holder of the license to be an unfit or improper person to hold the license in violation of HRS § 436B-19(12), and was allegedly convicted of a penal crime directly related to the qualifications, functions, or duties of a real estate licensee in violation of HRS § 436B-19(14). Respondent was allegedly adjudged guilty of the crime of driving under the influence on June 8, 2009. (Commission approved Settlement Agreement).

Respondent: Joel T. Koetje (Kauai)
Case Number: REC 2014-103-L
Sanction: $500 fine
Effective Date: 6-26-15

Respondent allegedly failed to adhere to a law in a manner such that the licensing authority deems the holder of the license to be an unfit or improper person to hold the license in violation of HRS § 436B-19(12), and was allegedly convicted of a penal crime directly related to the qualifications, functions, or duties of a real estate licensee in violation of HRS § 436B-19(14). Respondent allegedly pleaded guilty to the crime of driving under the influence on April 2, 2009. (Commission approved Settlement Agreement)

Respondent: Shannon T.K.S. Feliciano, Jr.
Case Number: REC 2014-35-L
Sanction: $500 fine
Effective Date: 6-26-15

Respondent allegedly failed to adhere to a law in a manner such that the licensing authority deems the holder of the license to be an unfit or improper person to hold the license in violation of HRS § 436B-19(12) and was allegedly convicted of a penal crime directly related to the qualifications, functions, or duties of a real estate licensee in violation of HRS § 436B-19(14). Respondent allegedly pled no contest to the crime of driving under the influence on Dec. 17, 2013. (Commission approved Settlement Agreement)

Respondent: Jeremy T. Stice, aka Jeremy Stice (Maui)
Case Number: REC 2013-253-L
Sanction: $1,000 fine
Effective Date: 6-26-15

Respondent allegedly failed to adhere to a law in a manner such that the licensing authority deems the holder of the license to be an unfit or improper person to hold the license in violation of HRS § 436B-19(12) and was allegedly convicted of a penal crime directly related to the qualifications, functions, or duties of a real estate licensee in violation of HRS § 436B-19(14). Respondent also allegedly failed to meet the conditions or requirements necessary to qualify for the granting of a license in violation of HRS § 436B-19(1), made an untruthful statement in violation of HRS § 436B-19(2), violated HRS § 436B-19(5) by procuring a license through fraud, misrepresentation or deceit, and allegedly filed a document that is false or untrue or contains any material misstatement of fact in violation of HRS § 467-20. Respondent allegedly violated HRS § 467-8(a)(3) by failing to possess a reputation for or record of competency, honesty, truthfulness, financial integrity and fair dealing. In 2003, Respondent was allegedly convicted of driving under the influence, and Respondent was allegedly convicted of reckless driving in 2007. Respondent allegedly failed to disclose the 2003 conviction on his original application for licensure and allegedly did not disclose both convictions on subsequent renewal forms. (Commission approved Settlement Agreement).

Respondent: James L. Small
Case Number: REC 2013-272-L
Sanction: $500 fine
Effective Date: 6-26-15

Respondent allegedly failed to adhere to a law in a manner such that the licensing authority deems the holder of the license to be an unfit or improper person to hold the license in violation of HRS § 436B-19(12), and was allegedly convicted of a penal crime directly related to the qualifications, functions, or duties of a real estate licensee in violation of HRS § 436B-19(14). Respondent allegedly pleaded no contest to the crime of driving under the influence on Feb. 9, 2010. (Commission approved Settlement Agreement).

CONTRACTORS LICENSE BOARD

Respondent: Andrew L. Dixon, individually and doing business as Pacific Style Construction
Case Number: CLB 2014-373-L, CLB 2015-96-L, CLB 2015-138-L
Sanction: Voluntary surrender of license
Effective Date: 6-19-15

Respondents admittedly violated HRS § 444-17(11) by failing to complete construction projects for the agreed price. (Board approved Settlement Agreement).

Respondents: MBL & Sons, Inc. and Robert B. Laubach (Hawaii Island)
Case Number: CLB 2013-168-L
Sanction: Voluntary surrender of licenses
Effective Date: 6-19-15

Respondents admittedly violated HRS § 444-17(9.3) by aiding and abetting an unlicensed person and HAR § 16-77-33(c) by performing out of scope activity. Pursuant to HAR § 16-77-71(a)(5), Respondent Laubach, as the responsible managing employee, is responsible for the acts committed by Respondent MBL & Sons, Inc. On Jan. 7, 2013, Respondents entered into a contract, which provided that Respondent MBL & Sons, Inc. would be responsible for the procurement, construction and installation of a new solar energy facility photovoltaic system at a condominium complex in Kailua-Kona, Hawaii. On April 5, 2013, Respondents aided and abetted three individuals who did not possess a contractor’s license to perform contracting work for and/or on behalf of Respondents pursuant to the contract. (Board approved Settlement Agreement).

To obtain copies of the decisions reported in this press release without charge go to: cca.hawaii.gov/oah/oah_decisions/.

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