Department of Commerce and Consumer Affairs

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Office of Administrative Hearings

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
INTERIM DIRECTOR

FOR IMMEDIATE RELEASE
Jan. 14, 2015

DCCA DISCIPLINARY ACTIONS
(Through December 2014)

HONOLULU – The Department of Commerce and Consumer Affairs (DCCA) and the State Boards and Commissions released a summary of disciplinary actions through the month of December taken on individuals and entities with professional and vocational licenses in Hawai’i.  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.

ACTIVITY DESKS PROGRAM

Respondent:         Visit Hawaii Tour, Inc.
Case Number:      ADP 2012-16-L
Sanction:                Voluntary revocation of registration                                                                  
Effective Date:     12-16-14

Respondent admittedly violated HRS § 436B-19(8) by failing to maintain a record or history of competency, trustworthiness, fair dealing and financial integrity, and HRS § 468M-3(4) and HAR § 16-117-48(6) by failing to comply with deposit and withdrawal provisions.  (Director approved Settlement Agreement)

HAWAII MEDICAL BOARD

Respondent:        John F. Balog, M.D. (Maui)
Case Number:     MED 2013-76-L; MED 2013-78-L; MED 2013-79-L
Sanction:               Voluntary surrender of license
Effective Date:     12-11-14

Respondent allegedly violated HRS §§ 453-8(a)(7) and 453-8(a)(8) by displaying manifest incapacity in the practice of medicine and being incompetent or engaging in multiple instances of negligence.  Respondent allegedly failed to take accurate notes of patient meetings, failed to properly prescribe medications for patients, and failed to properly supervise subordinate employees at Maui Community Mental Health Center.  (Board approved Settlement Agreement)

Respondent:        Igor Mitreski, M.D.
Case Number:     MED 2014-35-L
Sanction:               License placed on probation for five (5) years; $5,000.00 fine                         
Effective Date:     12-11-14

Respondent allegedly violated HRS § 453-8(a)(12) by being convicted of a penal offense substantially related to the qualifications, functions or duties of a physician.  On February 24, 2014, Respondent was convicted in the United States District Court, Southern District of Iowa, of one count of aiding and abetting simple possession of a controlled substance.  (Board approved Settlement Agreement)

BOARD OF NURSING

Respondent:        Thomas L. Martin, R.N.
Case Number:     RNS 2012-9-L
Sanction:               License on probation for five (5) years with a Board-approved monitoring program; $500.00 fine; enroll and complete continuing education course(s) approved by the Board,
Effective Date:     12-4-14

The Board found that Respondent violated HRS § 457-12(a)(6) by engaging in unprofessional conduct while employed as a nurse in Massachusetts and HRS § 457-12(a)(8) by having disciplinary action taken against him in Massachusetts for reasons as provided in the Hawaii licensing law. (Board’s Final Order after contested case hearing)

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent:        John M. Westerberg (Maui)
Case Number:     ENG 2014-27-L
Sanction:              $750.00 fine; agrees not to engage in any activity for which an architect’s license is required in the State of Hawaii until he completes the required continuing education courses
Effective Date:     12-11-14

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

Respondent:        Edgar E. Kaneshiro
Case Number:     ENG 2014-26-L
Sanction:               $1,500.00 fine; agrees not to engage in any activity for which an architect’s license is required in the State of Hawaii until he completes the required continuing education courses
Effective Date:     12-11-14

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

REAL ESTATE COMMISSION

Respondent:        Ken Gines                                                                                                     
Case Number:     REC 2013-195-L
Sanctions:             $1,000.00 fine
Effective Date:     12-19-14

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 the licensed profession in violation of HRS § 436B-19(14).  Respondent also allegedly violated HRS § 436B-16(a) by failing to provide written notice to the Commission within thirty (30) days of any judgment which adjudges or finds the licensee civilly liable for any loss caused by the licensee’s conduct in the practice of real estate.  On March 5, 2013 Respondent allegedly pled no contest to the crime of driving under the influence and in June 2007, a judgment for $21,221.00 was allegedly entered against Respondent in the District Court of the First Circuit.  The Judgment allegedly arose out of a lease transaction handled by Respondent.  (Commission approved Settlement Agreement)

Respondent:        Mary A. Lapenia                                                                                           
Case Number:     REC 2013-90-L
Sanctions:             Voluntary revocation of license
Effective Date:     12-19-14

Respondent allegedly violated HRS § 467-14(20) by failing to maintain a reputation for or record of competency, honesty, truthfulness, financial integrity and fair dealing, HRS § 436B-19(12) by failing to comply, observe or adhere to any law in a manner such that the licensing authority deems the licensee to be an unfit or improper person to hold a license, and HRS § 436B-19(14) by being convicted of a penal crime directly related to the qualifications, functions or duties of the licensed profession or vocation.  (Commission approved Settlement Agreement)

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

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