RELEASE: DCCA DISCIPLINARY ACTIONS (Through October 2018)

Posted on Nov 9, 2018 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
November 9, 2018

DCCA DISCIPLINARY ACTIONS
(Through October 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 October 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.

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent:        Val Y. Yanagihara

Case Number:     ENG 2016-37-L

Sanction:             License revocation

Effective Date:     10-4-18

 

The Board voted to uphold its Board’s Final Order (“BFO”) dated May 10, 2018, and to revoke Respondent’s license based on his failure to comply with all of the terms in the BFO.  (Board’s Final Order for Noncompliance with a Previous Board’s Final Order.)

 

Respondent:        Gary H. Nakatsuka

Case Number:     ENG 2017-34-L

Sanction:             $1,000 fine and complete C.E. courses as approved by the EO of the Board

Effective Date:     10-4-18

 

Respondent allegedly failed to timely complete the required 16 C.E. credit hours during May 1, 2014 and April 30, 2016 as required by HRS § 464-9(d), in possible violation of HRS §§ 436B-13, 464-9(d) and 436B-19(5).  (Board approved Settlement Agreement.)

 

BOARD OF NURSING

Respondent:        Kelly E. Lewis

Case Number:     RNS 2016-67-L

Sanction:             Probation 1 year

Effective Date:     10-4-18

 

Respondent allegedly tested positive for Benzocylecgonine at a random drug screening while employed as a licensed health care professional, in possible violation of HRS § 457-12(a)(6) and HAR § 16-89-60(6)(C).  (Board approved Settlement Agreement.)

 

BOARD OF ELECTRICIANS AND PLUMBERS

Respondent:        Jason T. Murrill (Hawaii)

Case Number:     ENP 2018-9-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     10-9-18

 

On or about April 17, 2017, Respondent was allegedly convicted of Operating a Vehicle Under the Influence of an Intoxicant.  Despite the conviction, Respondent answered “no” to the question on his electronic renewal application dated May 6, 2017 which asked, “In the past 3 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS § 448E-10(1).  (Board approved Settlement Agreement.)

 

MEDICAL BOARD

Respondent:        M. Kathryn Schaefer, M.D., also known as Mary K. Schaefer

Case Number:     MED 2017-203-L

Sanction:             Reprimand, probation and $2,000 fine

Effective Date:     10-11-18

 

Respondent allegedly submitted a falsified Advanced Cardiac Life Support (“ACLS”) certificate to Queen’s Medical Center (“QMC”) resulting in the relinquishment of Respondent’s staff appointment and clinical privileges.  Respondent subsequently submitted a valid ACLS certificate, however, QMC denied Respondent’s request for reinstatement of staff appointment and clinical privileges due to the initial falsification, effective October 6, 2017.  Respondent allegedly did not disclose the above adverse action by QMC on her physician’s license Renewal Application submitted on November 3, 2017, in possible violation of HRS §§ 436B-19(2), 453-8(a)(6) and 453-8(a)(15).  (Board approved Settlement Agreement.)

 

CONTRACTORS LICENSING BOARD

Respondent:        Jonathan K. Santiago (Hawaii)

Case Number:     CLB 2017-270-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     10-19-18

 

RICO alleges that Respondent failed to answer truthfully on his 2016 Contractor’s Renewal License regarding having a criminal conviction in the last two years and whether there were any liens or judgments against him, in possible violation of HRS §§ 444-17(10) and 436B-19(5).  (Board approved Settlement Agreement.)

 

Respondent:        Ken S. Arima

Case Number:     CLB 2013-173-L

Sanction:             $2,000 fine                                                                                                                       

Effective Date:     10-19-18

 

RICO alleges that Respondent failed to provide a written estimate or contract and failed to disclose lien and bond rights to the homeowner prior to the application for a building permit and/or performance of the home improvements, in possible violation of HRS § 444-25.5 and HAR §§ 16-77-79 and 16-77-80.  (Board approved Settlement Agreement.)

 

Respondents:      Biven’s Electric, Inc., dba West Coast Construction and Rodney L.K. Biven, Jr.

Case Number:     CLB 2017-437-L

Sanction:             Voluntary Surrender of License and fully satisfy the Judgment                                     

Effective Date:     10-19-18

 

RICO alleges that Respondent West Coast Construction failed to provide written notice of a Judgment entered against Respondent West Coast Construction to the Board within thirty (30) days of the filing of the Judgment and has not satisfied the Judgment, in possible violation of HRS §§ 436B-16, 444-17(14) and 444-25 and HAR §§ 16-77-71 and 16-77-75.  (Board approved Settlement Agreement.)

 

BOARD OF BARBERING AND COSMETOLOGY

Respondent:        Brennan K.H. Roque (Hawaii)

Case Number:     BAR 2018-72-L

Sanction:             License Suspension 30 days                                                                                           

Effective Date:     10-15-18

 

On or about May 12, 2016, Respondent was allegedly convicted of the criminal offense of Contempt of Court.  Despite the conviction, Respondent allegedly answered “no” to the question on his Renewal Application dated December 27, 2017 that asked whether in the past 2 years he been convicted of a crime in which the conviction has not been annulled or expunged, in possible violation of HRS § 439-19(1).  (Board approved Settlement Agreement.)

 

Respondents:      Jenja Beauty, LLC and Jennifer E. Jackson

Case Number:     BAR 2018-57-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     10-15-18

 

RICO alleges that Respondents did not inform the Board of a civil judgment entered against Respondents and that on January 16, 2018, while Respondent Jackson’s beauty operator license number BEO 19637 was delinquent and Respondent Jackson was unlicensed, Respondent Jackson, for commercial purposes, practiced as an unlicensed beauty operator by installing hair extensions on a customer, in possible violation of HRS §§ 436B-13(a), 436B-16(a), 436B-19(8), 439-2(a) and 439-19(a)(4).  (Board approved Settlement Agreement.)

 

BOARD OF PRIVATE DETECTIVES AND GUARDS

Respondent:        Nicholas K. Char (Kauai)

Case Number:     PDG 2017-8-L

Sanction:             Voluntary Surrender of Guard Employee Registration                                                   

Effective Date:     10-11-18

 

On or about February 14, 2018, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statutes and/or rules: HRS §§ 436B-19(14) and 436B-19(17) and HAR §§ 16-97-46(5), 16-97-46(17) and 16-97-46(21).  (Board approved Settlement Agreement.)

 

Respondents:      KT Protection Services LLC and Joy T.T.W. Hodel

Case Number:     PDG 2018-8-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     10-11-18

 

On or about April 20, 2018, Respondent KT Protection Services LLC allegedly employed an unlicensed guard at a function at the Waikiki Shell, in possible violation of HRS §§ 436B-19(16) and 436B-19(17).  The foregoing allegation against Respondent Joy T.T.W. Hodel, if proven at an administrative hearing, would constitute violations of HAR §§ 16-97-7(b)(4), 16-97-7(b)(9) and 16-97-7(b)(1).  (Board approved Settlement Agreement.)

 

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:        Platinum Automotive Center LLC

Case Number:     MVI 2014-5-L

Sanction:             $750 fine                                                                                                                          

Effective Date:     10-16-18

 

On or about August 8, 2018, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statutes and/or rules: HRS §§ 437-4(b), 437-4(c)(1)(C), 437-28(a)(2) and 437-28(a)(10) and HAR § 16-86-19(4).  (Board approved Settlement Agreement.)

 

BOARD OF PHARMACY

Respondent:        Mimi N. Clayton

Case Number:     PHA 2018-26-L

Sanction:             Voluntary Surrender of License                                                                                       

Effective Date:     10-18-18

 

On or about November 29, 2017, Respondent was disciplined by the State of California Board of Pharmacy, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Robert F. Vafaie (Maui)

Case Number:     REC 2018-150-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     10-26-18

 

RICO alleges that on or about April 25, 2018, Respondent was convicted of the petty misdemeanor offense of Operating a Vehicle Under the Influence of an Intoxicant, in possible violation of HRS § 436B-19(12).  (Board approved Settlement Agreement.)

 

Respondent:        Barbara K. Jelks (Hawaii)

Case Number:     REC 2018-188-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     10-26-18

 

RICO alleges that on or about April 24, 2018, Respondent was convicted of Driving With .08 BAC or Greater in California, in possible violation of HRS §§ 436B-19(12), (14) and (17).  (Board approved Settlement Agreement.)

 

Respondent:        Brandi R. Castonguay

Case Number:     REC 2017-328-L

Sanction:             Voluntary suspension of license for 30 days                                                                   

Effective Date:     10-26-18

 

On or about February 14, 2018, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statute(s) and/or rules: HRS §§ 436B-19(2), (5) and (17) and 467-20.  (Board approved Settlement Agreement.)

 

Respondent:        Michael Alan Littman

Case Numbers:   REC 2015-83-L

Sanction:             License revocation                                                                                                           

Effective Date:     10-30-18

 

Respondent was convicted of felony voluntary manslaughter, assault and stalking by the State of California; disciplinary action was taken against Respondent’s real estate license in California; and Respondent failed to report the California disciplinary action to the Commission within thirty days of the effective date, in violation of HRS §§ 436B-19(12), (13), (15) and (17).  (Commission’s Final Order after contested case hearing.)

 

COLLECTION AGENCY PROGRAM

Respondent:        Credit Management, L.P.

Case Number:     COL 2018-12-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     10-12-18

 

Respondent was allegedly disciplined by the State of Colorado, based on allegations Respondent hired a solicitor with a felony financial crime conviction, and failed to report the disciplinary action to the Hawaii Program within 30 days as required by Hawaii law, in possible violation of HRS § 436B-19(15).  (Director approved Settlement Agreement.)

 

Respondent:        New Penn Financial, LLC

Case Number:     COL 2018-9-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     10-31-18

 

Respondent was allegedly disciplined by the State of Rhode Island, based on allegations Respondent failed to comply with licensing requirements, and failed to report the disciplinary action to the Hawaii Program within 30 days as required by Hawaii law, in possible violation of HRS §§ 436B-19(13) and 443B-3.5(h).  (Director approved Settlement Agreement.)

 

Respondent:        Credit Protection Association. L.P.

Case Number:     COL 2018-24-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     10-31-18

 

Respondent was allegedly disciplined by the State of Minnesota, based on allegations Respondent failed to respond to requests for information and sent notices in violation of Minnesota statute, and failed to report the disciplinary action to the Hawaii Program within 30 days as required by Hawaii law, in possible violation of HRS §§ 436B-19(13) and 436-19(5).  (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