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

Aug. 5, 2015

DCCA DISCIPLINARY ACTIONS

(Through July 2015)

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 July 2015 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 EXAMINERS IN OPTOMETRY

Respondent:        Mealiinani C. Duarte-Hernandez, O.D. (Hawaii Island)

Case Number:     OPT 2014-7-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     7-27-15

Respondent allegedly violated HRS § 459-7(d) by failing to provide proof that she met continuing education (“CE”) requirements, HRS § 459-9(1) and HAR § 16-92-52(1) by presenting information to the Board, which was untrue in any material respect, and HAR § 16-92-40(a) by failing to submit CE certificates on or before Dec. 31 of each odd-numbered year.  Respondent allegedly completed an online renewal application and certified that she had met the CE requirements and failed to submit proof of compliance with the CE requirement.  At the time Respondent completed the online renewal application on Nov. 4, 2013, Respondent allegedly had not completed the requisite 36 credits of CE.   (Board approved Settlement Agreement).

BOARD OF NURSING

Respondent:        Louis D. Casorla

Case Number:     RNS 2011-39-L

Sanction:             $1,000 fine; Licensee on probation for one year during which Licensee will be monitored by a Board approved monitor who will report to the Board every three months; attend and complete continuing education course on ethics and/or principles of professional conduct of registered nurses that is acceptable to the Board                                                                                        

Effective Date:     7-2-15

Respondent admittedly violated HRS §§ 436B-19(7) and 436B-19(9) by engaging in professional misconduct and conduct contrary to the recognized standards of ethics of the nursing profession, and HRS § 457-12(a)(6) and HAR § 16-89-59 by engaging in nursing behavior, which fails to conform to legal standards and accepted standards of the nursing profession and which reflect adversely on the health and welfare of the public.  In the presence of a patient, Respondent admittedly walked by a medical assistant at the Veterans Affairs Health Care Systems at the Spark M. Matsunaga Medical Center where they both worked and brushed her torso with his fingers and undid the tie on her scrubs causing her pants to fall down past her waist to her hips.  (Board approved Settlement Agreement).

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent:        Randall J. LaPlante

Case Number:     ENG 2014-16-L

Sanction:             $750 fine                                                                                                                                      

Effective Date:     7-16-15

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Oregon and failing to report this action to the Hawaii Board within 30 days of the disciplinary decision.  (Board approved Settlement Agreement).

BOARD OF BARBERING AND COSMETOLOGY

Respondent:        Shu International Corporation, dba K’s Hair

Case Number:     BAR 2015-22-L

Sanction:             $1,500 fine                                                                                                                       

Effective Date:     7-13-15

Respondent allegedly violated HRS §§ 439-19(a)(3) and 439-16 by allowing permittees to: (1) perform activities, which require a license, or (2) practice when the licensed beauty operator was not present.  (Board approved Settlement Agreement).

HEARING AID DEALER AND FITTER PROGRAM

Respondent:        John Kiely Ball

Case Number:     HAD 2012-3-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     7-23-15

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in California, where he was put on probation for four years effective Feb.17, 2012.  (Director approved Settlement Agreement).

REAL ESTATE COMMISSION

Respondent:        Lisa C. Magno (Hawaii Island)

Case Number:     REC 2013-228-L

Sanction:             $500 fine

Effective Date:     7-24-15

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 a real estate licensee in violation of HRS § 436B-19(14).  In May 2013, Respondent allegedly pleaded guilty of the crime of driving under the influence. (Commission approved Settlement Agreement).

Respondent:        Jerald Y. Nakasone

Case Number:     REC 2014-293-L

Sanction:             $500 fine

Effective Date:     7-24-15

Respondent, as the principal broker, allegedly violated HRS § 467-1.6 by failing to supervise a real estate licensee on probation and under his supervision by allowing her disbursement authority for funds received in trust when the Commission’s Feb. 6, 2013 Final Order stated that a condition of probation was that the licensee not have disbursement authority for funds or property received in trust.  (Commission approved Settlement Agreement).

CONTRACTORS LICENSE BOARD

Respondent:        Mark H. Ferreira dba Ferreira Homes Hawaii (Hawaii Island)                                    

Case Number:     CLB 2011-433-L

Sanction:             $1,000 fine

Effective Date:     7-24-15

Respondent allegedly violated HRS § 444-17(6) by violating laws relating to building and HAR § 16-77-97 by failing to perform work in a workmanlike manner.  Respondent allegedly failed to obtain a building permit and failed to perform work in a workmanlike manner when installing and/or repairing a roof for the Court of Mauna Kea #8854 Ancient Order of Foresters at its building located in the County of Hawaii.  (Board approved Settlement Agreement).

Respondent:        John W. Potter (Hawaii Island)

Case Number:     CLB 2015-45-L

Sanction:             $500 fine

Effective Date:     7-24-15

Respondent allegedly violated HRS § 436B-19(5) by procuring a license through fraud, misrepresentation or deceit, and HRS § 444-17(10) by misrepresenting a material fact in obtaining a license.  Respondent allegedly failed to disclose that he was convicted of the petty misdemeanor offense of Theft in the Fourth Degree on Feb. 18, 2014 on his renewal application dated Sept. 22, 2014.  (Board approved Settlement Agreement).

Respondents:      Aloha Aina Landscaping, LLC and Stuart C. Rinehart                                             

Case Number:     CLB 2010-529-L

Sanction:             $1,500 fine

Effective Date:     7-24-15

Respondents allegedly violated HRS § 444-25.5 by failing to provide bond and lien rights information to the homeowner, HAR § 16-77-33 by performing out of scope activity, and HAR § 16-77-80 by failing to include requisite homeowner contract provisions.  Respondents allegedly contracted with a homeowner to construct a rock wall in Makakilo, Hawaii when they did not possess either a C-31 or C-31b stone masonry specialty license, and allegedly did not include the requisite contractual provisions in their contract with the homeowner. (Board approved Settlement Agreement).

Respondents:      KNM Construction Corp. and Jeremy R. Abe, RME                                                 

Case Number:     CLB 2013-437-L, CLB 2013-438-L, CLB 2013-447-L, CLB 2013-449-L, CLB 2013-470-L, CLB 2014-7-L

Sanction:             Voluntary revocation of licenses

Effective Date:     7-24-15

Respondents allegedly violated HRS § 444-17(11) by failing to complete in a material respect any construction project for the agreed price if the failure is without legal excuse and HRS § 444-17(13) by wilfully failing or refusing to prosecute a project to completion with reasonable diligence.  Respondents allegedly failed to honor their contracts and abandoned or failed to complete the work contracted for with respect to six residences in Kailua, Waipahu, Mililani, Aiea, and Honolulu. (Board approved Settlement Agreement).

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

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Media Contact:
Christine Hirasa
Communications Officer
Department of Commerce and Consumer Affairs
Phone: (808) 586-7582
Mobile: (808) 286-9626
Email: [email protected]