Department of Commerce and Consumer Affairs

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

 

FOR IMMEDIATE RELEASE
December 8, 2017

DCCA DISCIPLINARY ACTIONS
(Through November 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 November 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.

 

HAWAII MEDICAL BOARD

Respondent:        John G. Zoltani, M.D.

Case Number:     MED 2017-145-L

Sanction:             Reprimand and $1,500 administrative costs

Effective Date:     11-9-17

Respondent was allegedly the subject of disciplinary actions in Alaska based on allegations Respondent failed to complete required continuing medical education requirements and Illinois which was based on the Alaska disciplinary action, and allegedly failed to report both actions to the Hawaii Board, in possible violation of HRS §§ 453-8(a)(11) and 436B-19(15).  (Board approved Settlement Agreement.)

 

BOARD OF BARBERING AND COSMETOLOGY

Respondent:        KCKRM Investments, LLC dba Premiere Grooming Barbershop & Shaving Parlor

Case Number:     BAR 2017-175-L

Sanction:             $500 fine

Effective Date:     11-20-17

During a site inspection, Respondent allegedly employed and/or permitted two persons without a barbering license to perform barbering activities for compensation on the premises, in possible violation of HRS §§ 436B-19(16) and 438-14(a)(3).  (Board approved Settlement Agreement.)

 

Respondent:        Judy A. Abril

Case Number:     BAR 2016-70-L

Sanction:             $500 fine

Effective Date:     11-20-17

On or about May 28, 2015, Respondent was allegedly convicted of operating a vehicle under the influence of intoxicant.  Despite the conviction, Respondent answered “No” to question number 3 on her renewal application dated December 31, 2015, 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.)

 

Respondent:        Heather M. Opalenik

Case Number:     BAR 2017-161-L

Sanction:             $100 fine

Effective Date:     11-20-17

Respondent allegedly performed cosmetology services for compensation in a location not licensed as a beauty shop, in possible violation of HRS §§ 439-2(b) and 439-19(a)(4).  (Board approved Settlement Agreement.)

 

CONTRACTORS LICENSE BOARD

Respondents:      Hermo Enterprises, LLC and Kevin Hermo (Maui)

Case Number:     CLB 2012-393-L

Sanction:             $1,500 fine

Effective Date:     11-17-17

Respondents allegedly entered into contracts with two homeowners for contracting activity in exchange for compensation when their licenses were on inactive status, in possible violation of HRS §§ 444-15(c) and 444-17(12).  (Board approved Settlement Agreement.)

 

Respondents:      K & S Construction, LLC and Andrew L. Keenan, RME (Maui)

Case Number:     CLB 2014-145-L

Sanction:             K & S Construction, LLC:  Voluntary Surrender of License

                              Andrew L. Keenan, RME:  $500 fine and continue making payments on the tax payment plan until the balance is paid in full, discharged or otherwise legally satisfied.

Effective Date:     11-17-17

Respondent K & S Construction, LLC failed to pay delinquent taxes and failed to comply with the terms of a tax payment plan with the State of Hawaii, Department of Taxation, in violation of HRS § 444-17(21).  (Board approved Settlement Agreement.)

 

Respondents:      Jerry W. Caffey and Caffey, Inc.

Case Number:     CLB 2015-198-L

Sanction:             $10,000 fine

Effective Date:     11-17-17

Respondents allegedly failed to have a RME in residence in the State during the period a project was under construction, in possible violation of HRS § 444-17(12) and HAR § 16-77-71(a)(4). (Board approved Settlement Agreement.)

 

BOARD OF CHIROPRACTIC EXAMINERS

Respondent:        Rex A. Weigel, D.C. (Hawaii)

Case Number:     CHI 2016-6-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     11-2-17

On or about November 18, 2014, Respondent was allegedly convicted of the crimes of No Motor Vehicle Driver’s License and Failure to Appear.  Despite the convictions, Respondent answered “no” to question 3 on his renewal application dated January 15, 2016, 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 §§ 442-9(a)(11) and 442-9(a)(14) and HAR §§ 16-76-56(a) and 16-76-56(b)(13).  (Board approved Settlement Agreement.)

 

BOARD OF NURSING

Respondent:        Judy K. Boulton

Case Number:     RNS 2016-88-L

Sanction:             Two (2) years probation and $1,000 fine                                                                        

Effective Date:     11-2-17

Respondent allegedly: retrieved medication from the medication cart with her bare hands and placed it in cups to be administered to residents of a nursing/rehab center; failed to lock and secure the medication cart; and pre-dated and pre-signed medication records for some patients prior to dispensing medication to the residents, in possible violation of HRS § 457-12(a)(6) and HAR §§ 16-89-60(6)(B) and 16-89-60(6)(C).  (Board approved Settlement Agreement.)

 

Respondent:        Eric J.H. Ichinose, R.N.

Case Number:     RNS 2014-32-L

Sanction:             Voluntary surrender of license                                                                                         

Effective Date:     11-2-17

Respondent was allegedly convicted of the felony offense of Sexual Assault in the Second Degree in the First Circuit Court, State of Hawaii, in possible violation of HRS § 457-12(a)(6) and HAR § 16-89-60(7)(A).  (Board approved Settlement Agreement.)

 

Respondent:        Mergeline A. Berueda

Case Number:     RNS 2015-27-L

Sanction:             Monitoring for one (1) year, attend and complete continuing education courses and $5,000 fine

Effective Date:     11-2-17

Respondent, as case manager of patient “AH”, allegedly engaged in caregiver neglect, in possible violation of HRS §§ 457-12(a)(3), 457-12(a)(6) and 457-12(a)(7) and HAR §§ 16-89-59, 16-89-60(6)(A), (B), (C) and (D) and 16-89-60(7)(F).  (Board approved Settlement Agreement.)

Respondent:        Lorilyn F. Wandasan

Case Number:     RNS 2015-28-L

Sanction:             Monitoring for one (1) year, attend and complete continuing education courses and $5,000 fine

Effective Date:     11-2-17

Respondent, as case manager of patient “AH”, allegedly engaged in caregiver neglect, in possible violation of HRS §§ 457-12(a)(3), 457-12(a)(6) and 457-12(a)(7) and HAR §§ 16-89-59, 16-89-60(6)(A), (B), (C) and (D) and 16-89-60(7)(F).  (Board approved Settlement Agreement.)

 

BOARD OF PHARMACY

Respondent:        Darek T. Jones aka Darek Terrell Jones

Case Number:     PHA 2016-12-L

Sanction:             Voluntary surrender of license

Effective Date:     11-16-17

Disciplinary action was allegedly taken against Respondent by another state which Respondent failed to report to the Board within 30 days, in possible violation of HRS §§ 436B-19(13), 436B-19(15), 436B-19(17), 461-21(a)(1) and 461-21(a)(2).  (Board approved Settlement Agreement.)

 

Respondent:        Main Street Family Pharmacy, LLC

Case Number:     PHA 2014-18-L

Sanction:             Voluntary revocation of miscellaneous permit

Effective Date:     11-16-17

Disciplinary action was allegedly taken against Respondent by another state which Respondent failed to report to the Board within 30 days, in possible violation of HRS §§ 436B-19(13), 436B-19(15), 436B-19(17), 461-21(a)(2) and 461-21(a)(5).  (Board approved Settlement Agreement.)

 

Respondent:        University Rx Specialists, Inc. dba University Compounding Pharmacy

Case Number:     PHA 2017-80-L

Sanction:             Probation, comply with California Order and $1,500 administrative costs

Effective Date:     11-16-17

Disciplinary action was allegedly taken against Respondent in the states of California, based on the compounding and advertisement of sterile injectable drugs, and Oregon, Georgia, Colorado, Kentucky and Texas, which was based on the California Order, and that Respondent failed to timely report the actions to the Board, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

 

BOARD OF PRIVATE DETECTIVES AND GUARDS

Respondents:      Maximum Events Security, LLC and Billy K. Makaila

Case Number:     PDG 2015-33-L

Sanction:             $300 fine

Effective Date:     11-9-17

Respondents allegedly violated HRS § 436B-19(17) (violating Chapter 436B or the applicable licensing law statute or administrative rule) and HAR §16-97-15(c) (submission of semiannual list of employees).  (Board approved Settlement Agreement.)

Respondent:        Freddy J. Freddy (Hawaii)

Case Number:     PDG 2016-63-L

Sanction:             $500 fine

Effective Date:     11-9-17

Respondent allegedly failed to disclose on his 2013 application for guard employee registration that he had been convicted of Driving Without a Valid Driver’s License in 2011, and allegedly failed to disclose on his 2016 license renewal application that he had been convicted of Driving Motor Vehicle with Improper Driver’s License in 2014, in possible violation of HRS § 436B-19(5) and HAR §§ 16-97-46(10) and 16-97-46(12).  (Board approved Settlement Agreement.)

 

Respondents:      American Guard Services, Inc. and Thomas R. Szymanski

Case Number:     PDG 2016-52-L

Sanction:             $1,500 fine                                                                                                                       

Effective Date:     11-9-17

Respondents allegedly employed individuals who were not properly registered with the Board while working as security guards, in possible violation of HRS § 463-8(b)(4).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Jeanie Chin

Case Number:     REC 2017-152-L

Sanction:             $2,500 fine                                                                                                                       

Effective Date:     11-22-17

Respondent engaged in real estate activities after her real estate salesperson’s license expired and/or was forfeited, in violation of HRS § 467-7.  (Board approved Settlement Agreement.)

 

Respondent:        Trevor W. Benn

Case Number:     REC 2016-297-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     11-22-17

Respondent failed to ensure that an associated real estate salesperson’s license was timely renewed, in violation of HRS § 467-1.6(b)(7).  (Board approved Settlement Agreement.)

 

Respondent:        Cory A. Beall

Case Number:     REC 2017-166-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     11-22-17

Respondent failed to ensure that an associated real estate salesperson’s license was timely renewed, in violation of HRS § 467-1.6(b)(7).  (Board approved Settlement Agreement.)

 

Respondents:      M & J Wilkow Properties, LLC and Marc R. Wilkow

Case Number:     REC 2017-364-L

Sanction:             $5,000 fine                                                                                                                       

Effective Date:     11-22-17

Respondent Marc R. Wilkow, Principal Broker, was allegedly not physically present at Respondent M & J Wilkow Properties, LLC’s principal place of business in the State of Hawaii but was residing in another state, in possible violation of HRS § 467-14(13) and HAR § 16-99-3(o).  (Board approved Settlement Agreement.)

 

SOCIAL WORKER LICENSING PROGRAM

Respondent:        Travis M. Masutani

Case Number:     RSW 2017-3-L

Sanction:             Two (2) years probation and $500 fine                                                                           

Effective Date:     11-7-17

Respondent allegedly made false statements to a medical assistance program in his application for payment of services and obtained greater compensation which totaled $4,414.50, in possible violation of HRS §§ 467E-12(a)(6) and 467E-12(a)(7).  (Board approved Settlement Agreement.)

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

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Department of Commerce and Consumer Affairs
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