RELEASE: DCCA DISCIPLINARY ACTIONS (THROUGH DECEMBER 2018)

Posted on Jan 14, 2019 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
January 14, 2019

DCCA DISCIPLINARY ACTIONS

(Through December 2018)

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 2018 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.

MEDICAL BOARD

 

Respondent:        Jeffrey D. Lovin, M.D.

Case Number:     MED 2017-47-L

Sanction:             Probation, comply with terms of Colorado, Idaho, Minnesota, North Carolina and California orders and reporting, $1,000 fine, restriction against practice in Hawaii                        

Effective Date:     12-13-18

 

RICO alleges disciplinary action was taken against Respondent in other states and that Respondent failed to timely report that information to the Board, in possible violation of HRS §§ 453-8(a)(11) and 453-8(a)(14).  (Board approved Settlement Agreement.)

 

BOARD OF NURSING

 

Respondent:        Kris M. Toriano

Case Number:     RNS 2017-69-L

Sanction:             Probation 5 years, complete continuing education courses, $1,000 fine                       

Effective Date:     12-6-18

 

Respondent allegedly did not complete a monthly case management visit to a community care foster home and did not complete a nursing assessment on a sixty-seven (67) year old patient, including full body examination, resulting in not becoming aware of a wound on the patient’s right leg or of the inappropriate care given to the wound by the certified nurse’s aide who operated the care home, in possible violation of HRS § 457-12(a)(6) and HAR §§ 16-89-59, 16-89-60(6) and 16-89-60(7).  (Board approved Settlement Agreement.)

 

Respondent:        Sean P. Rose

Case Number:     RNS 2016-94-L

Sanction:             $2,000 fine                                                                                                                       

Effective Date:     12-6-18

 

On or about October 11, 2018, RICO filed a Petition for Disciplinary action alleging that Respondent violated, in part, the following statutes: HRS §§ 436B-19(5), 457-12(a)(1) and 457-12(a)(11).  (Board approved Settlement Agreement.)

 

Respondent:        Sharon K. Alameda

Case Number:     RNS 2017-76-L

Sanction:             Probation 2 years, complete continuing education courses, $1,500 fine                       

Effective Date:     12-6-18

 

Respondent allegedly transferred a small amount of liquid morphine from an unopened bottle into an already opened bottle of liquid morphine, administered the medication to a patient, and failed to indicate her action on the appropriate medical record.  RICO also alleges that on or about May 16, 2016, Respondent indicated “no” to question number 3 on her initial application “Have you ever been convicted of a crime in any jurisdiction which has not been annulled or expunged?” and on or about June 21, 2017, Respondent indicated “no” to question number 3 on her renewal application “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?” despite her conviction for Operating a Vehicle Under the Influence of an Intoxicant on August 31, 2015, in possible violation of HRS §§ 457-12(a)(1), 457-12(a)(6) and 457-12(a)(11) and HAR §§ 16-89-60(6)(B) and 16-89-60(6)(C).  (Board approved Settlement Agreement.)

 

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

 

Respondent:        Reza A. Hadaegh

Case Number:     ENG 2018-17-L

Sanction:             $500 fine

Effective Date:     12-13-18

 

Respondent was allegedly disciplined by the State of Florida and failed to report the disciplinary action in writing to the Hawaii Board within 30 days as required by Hawaii law, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

Respondent:        Alan R. Mettemeyer

Case Number:     ENG 2018-18-L

Sanction:             $500 fine

Effective Date:     12-13-18

 

Respondent was allegedly disciplined by the State of New Mexico and failed to report the disciplinary action in writing to the Hawaii Board within 30 days as required by Hawaii law, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

Respondent:        Matthew J. Brady

Case Number:     ENG 2018-15-L

Sanction:             $500 fine

Effective Date:     12-13-18

 

Respondent was allegedly disciplined by the State of Colorado and failed to report the disciplinary action in writing to the Hawaii Board within 30 days as required by Hawaii law, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

Respondent:        Fernando J. Andrade

Case Number:     ENG 2018-10-L

Sanction:             Possible further sanction

Effective Date:     12-13-18

 

Respondent was allegedly disciplined by the State of New York and failed to report the disciplinary action in writing to the Hawaii Board within 30 days as required by Hawaii law, in possible violation of HRS § 436B-19(15).  (Board approved Settlement Agreement.)

 

BOARD OF BARBERING AND COSMETOLOGY

 

Respondent:        Lily K. Pham (Hawaii)

Case Number:     BAR 2018-84-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     12-17-18

 

RICO alleges that on or about February 22, 2016, Respondent was convicted of Operating a Vehicle Under the Influence of an Intoxicant.  Despite the conviction, Respondent allegedly answered “no” to question number 3 which asked, “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 439-19(a)(1) and 439-19(a)(9).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

 

Respondent:        Mark D. Skeele (Hawaii)

Case Number:     REC 2018-149-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     12-21-18

 

RICO alleges that on or about April 16, 2018, Respondent was convicted of Operating a Vehicle Under the Influence of an Intoxicant, in possible violation of HRS §§ 436B-19(12), 436B-19(14) and 436B-19(17).  (Commission approved Settlement Agreement.)

 

Respondent:        Cherrylle K. Roldan-Cadiz

Case Number:     REC 2018-67-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     12-21-18

 

RICO alleges that on or about November 29, 2010, Respondent was convicted of Operating a Vehicle Under the Influence of an Intoxicant.  Despite the conviction, Respondent allegedly answered “no” to question number 2 on her initial application for Real Estate Salesperson’s license dated on or about October 12, 2015 which asked, “During the past 20 years have you ever been convicted of a crime where there has not been an order annulling or expunging the conviction?”, in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(12), 436B-19(14) and 436B-19(17) and HAR § 467-20.  (Commission approved Settlement Agreement.)

 

COLLECTION AGENCY PROGRAM

 

Respondent:        PHH Mortgage Corporation

Case Number:     COL 2018-6-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     12-24-18

Respondent was allegedly disciplined by a coalition of forty-five (45) states and the District of Columbia, based on allegations that Respondent engaged in unlawful conduct in the course of its mortgage servicing activities, and failed to report the disciplinary actions to the Hawaii Program within 30 days as required by Hawaii law, in possible violation of HRS § 436B-19(13).  (Director approved Settlement Agreement.)

Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/

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Media Contact:

William Nhieu

Communications Officer

Department of Commerce and Consumer Affairs

Email: Wnhieu@dcca.hawaii.gov

Office: (808) 586-7582

Cell: (808) 389-2788