RELEASE: DCCA DISCIPLINARY ACTIONS (Through March 2017)

Posted on Apr 11, 2017 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
April 11, 2017

DCCA DISCIPLINARY ACTIONS
(Through March 2017)

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 March 2017 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

Respondent:        Brenda A. Pacheco, R.N.

Case Number:      RNS 2016-58-L

Sanction:              Licensee reprimanded and ordered to pay $500 fine

Effective Date:     3-14-17

Respondent was allegedly disciplined by the State of California as a result of a misdemeanor conviction for domestic battery in 2013, in possible violation of HRS § 457-12(a)(8).  (Board approved Settlement Agreement.)

 

HAWAII MEDICAL BOARD

Respondent:        Charles Arakaki, M.D.

Case Number:      MED 2016-174-L

Sanction:              $2,500 fine                                                                                                

Effective Date:     3-9-17

Respondent allegedly caused a document containing a material misstatement or omission of fact to be filed with the Board and failed to timely report a disciplinary decision issued in another jurisdiction, in possible violation of HRS §§ 453-8(a)(14) and 453-8(a)(15).  (Board approved Settlement Agreement.)

 

Respondent:        Erin G. Newman, M.D.

Case Number:      MED 2016-56-L

Sanction:              Licensee placed on probation and ordered to pay $3,000 fine and complete continuing medical education courses  

Effective Date:     3-9-17

Respondent treated a minor patient but allegedly failed to completely and accurately document the encounter and documented the record with false information, in possible violation of HRS §§ 453-8(a)(7), 453-8(a)(9) and 436B-19(8).  (Board approved Settlement Agreement.)

 

Respondent:        Laura Jones, M.D.

Case Number:      MED 2013-100-L

Sanction:              Licensee placed on probation and ordered to pay $2,000 fine            

Effective Date:     3-9-17

Respondent allegedly persistently failed to complete medical documentation in a timely manner between May 2008 and February 2013, in possible violation of HRS §§ 453-8(a)(5), 453-8(a)(7), and 436B-19(8).  (Board approved Settlement Agreement.)

 

SOCIAL WORKER LICENSING PROGRAM

Respondent:        Stephen E. Knight

Case Number:      RSW 2016-5-L

Sanction:              $250 fine                                                                                                   

Effective Date:     3-31-17

Respondent was allegedly convicted of Liquor Prohibited on March 11, 2014 but falsely answered “No” to a question in his license renewal application asking whether he had been convicted of a crime that had not been annulled or expunged in the past 3 years, in possible violation of HRS § 467E-12(a)(4).  (Board approved Settlement Agreement.)

 

CONTRACTORS LICENSE BOARD

Respondent:        Riviera Building & Development, Inc. and Kyle J. Nelson

Case Number:      CLB 2016-476-L

Sanction:              $5,000 fine

Effective Date:     3-17-17

Respondents allegedly did not have an RME in residence in the State during the construction of a project in the Ka Makana Alii Shopping Center in Kapolei in possible violation of HAR §§ 16-77-71(a)(4).  (Board approved Settlement Agreement.)

 

Respondent:        White Sands Construction, Inc. and David L. Mulligan (Hawaii)

Case Number:      CLB 2016-414-L

Sanction:              $2,500 fine

Effective Date:     3-17-17

Respondents allegedly hired a contractor to perform millwork as part of a renovation project at the Hawaii Prince Hotel in 2016 while the contractor’s license was on inactive status, in possible violation of HRS § 444-17(17).  (Board approved Settlement Agreement.)

 

Respondent:        Webb Contractors Kona, Inc. and Brian J. Webb

Case Number:      CLB 2016-394-L

Sanction:              $2,500 fine

Effective Date:     3-17-17

Respondents’ contractors’ licenses were allegedly on inactive status while they were performing millwork as part of a renovation project at the Hawaii Prince Hotel in 2016, in possible violation of HRS § 444-15(c).  (Board approved Settlement Agreement.)

 

Respondent:        Fisher Development, Inc.

Case Number:      CLB 2017-28-L

Sanction:              $15,000 fine

Effective Date:     3-17-17

Respondent allegedly did not have an RME in residence in the State during the construction of a project at the Ala Moana Shopping Center in Honolulu, in possible violation of HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5).  (Board approved Settlement Agreement.)

 

Respondent:        Novum Structures, LLC

Case Number:      CLB 2016-448-L

Sanction:              $1,000 fine and ordered to pay $250 administrative costs

Effective Date:     3-17-17

Respondent was convicted of a crime related to the licensed profession and failed to timely report the conviction, in possible violation of HRS §§ 436B-16 and 436B-19(14).  Respondent plead guilty in the U.S. District Court in Wisconsin to concealing the non-domestic origin of construction material suppled to federally-funded construction projects.  (Board approved Settlement Agreement.)

 

BOARD OF DENTAL EXAMINERS

Respondent:        Winnie B. Rose

Case Number:      DEN 2014-70-L

Sanction:              $500 fine                                                                                                   

Effective Date:     3-20-17

Respondent, a dental hygienist, allegedly failed to provide the Board with documentation demonstrating that she had fulfilled her continuing education requirements for 2012-2013, in possible violation of HRS §§ 436B-17 and 436B-19(17).  (Board approved Settlement Agreement.)

 

Respondent:        Kenneth G. Whelan, D.D.S.

Case Number:      DEN 2016-9-L

Sanction:              $2,500 fine and imposition of practice restrictions

Effective Date:     3-20-17

Respondent was allegedly the subject of a disciplinary action in California and failed to timely report that action to the Hawaii Board, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

BOARD OF BARBERING AND COSMETOLOGY

Respondent:        Nicole Tran (Hawaii)

Case Number:      BAR-2016-99-L

Sanction:              $500 fine                                                                                                   

Effective Date:     3-16-17

Respondent was offering and providing cosmetology services for compensation and that one individual providing such services in the shop managed and operated by Respondent did not possess the appropriate cosmetology license, in violation of HRS § 439-19(a)(3).  (Board approved Settlement Agreement.)

 

BOARD OF PUBLIC ACCOUNTANCY

Respondents:      Kar Shing George Lam

Case Number:      ACC 2016-7-L

Sanction:              $2,500 fine

Effective Date:     3-24-17

Respondent allegedly engaged in acts constituting the practice of public accountancy between 2011 and 2016 without a Firm Permit to Practice, in possible violation of HRS §§ 466-7, 466-7(d), and 466-9(b)(6).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondents:      Sakara K. Blackwell

Case Number:      REC 2015-181-L

Sanction:              License revoked                                                                                       

Effective Date:     3-24-17

Respondent allegedly made misrepresentations and false promises concerning a real estate transaction, converted other people’s moneys to the licensee’s own use, failed to maintain a reputation for or record of competency, honesty, truthfulness, financial integrity and fair dealing, and failed to protect the public against fraud, misrepresentation or unethical practices in the real estate field, in possible violation of HRS §§ 467-14(1), 467-14(2), 467-14(8), 467-14(13), 467-14(16), 467-14(20), 436B-19(12), 436B-19(14), and 436B-19(17), together with HAR §§ 16-99-3(b) and 16-99-3(v).  (Board 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