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

April 7, 2015

DCCA DISCIPLINARY ACTIONS

(Through March 2015)

 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 March 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 PHARMACY

Respondent:        Avella of Deer Valley, fka Apothecary Shop of Deer Valley, Inc.

Case Number:     PHA 2014-17-L

Sanction:             Pay administrative costs in the amount of $2,500                                                                      

Effective Date:     3-12-15

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

BOARD OF NURSING

Respondent:        Denise L. Weatherford

Case Number:     RNS 2012-18-L

Sanction:             License placed on probation for one year, during which time Respondent is subject to a monitoring plan; must attend and complete a continuing education course(s) on ethics and/or principles of professional conduct of registered nurses that is acceptable to the Board; $3,000 fine 

Effective Date:     3-5-15

Respondent admittedly violated HRS § 457-12(6) and HAR § 16-89-60(6) by engaging in professional misconduct.  Respondent pre-charted the removal of an I.V. and discharge of a patient prior to the patient’s actual discharge in violation of the hospital policy of Shriner’s Hospital.  (Board approved Settlement Agreement)

Respondent:        Julie D. Hirsch, aka Julie D. Yandell, aka Julia Dawn Deerinwater, aka Julie Dawn Deerinwater, aka Julie Dawn Woffard

Case Number:     RNS 2012-1-L

Sanction:             License revoked, $1,000 fine                                                                                           

Effective Date:     3-5-15

The Board found that Respondent engaged in gross immorality in violation of HRS § 457-12(a)(2), unprofessional conduct in violation of HRS § 457-12(a)(6) and habitual intemperance, addiction to or dependency on alcohol, in violation of HRS § 457-12(a)(4).  The Board also found that Respondent had been convicted of a penal offense substantially related to the qualifications, functions, or duties of a nurse in violation of HRS § 457-12(a)(9), failed to report to the board disciplinary action taken against her in Arizona within 30 days after the disciplinary action became final in violation of HRS § 457-12(a)(10), submitted or filed with the Board a notice or statement, which was false or untrue or contained a material misstatement of fact in violation of HRS § 457-12(a)(11), and had disciplinary action taken against her nursing license in another state for reasons as provided for in HRS § 457-12.  Respondent failed to disclose on her Hawaii applications for licensure and renewal that she had three misdemeanor convictions for DUI in three states.  Respondent also agreed to plead guilty to Amended Aggravated Assault for an incident at the Estrella Jail in Arizona where she sexually assaulted a co-worker.  The Arizona State Board of Nursing also summarily suspended and subsequently revoked Respondent’s temporary nursing license based on the incident at the Estrella Jail.  (Board’s Final Order after contested case hearing)

Respondent:        Liana Kealohilani Martinez, fka L.A. Liana Beckwith, aka Lee Ann Mathis, aka Lee Ann Chopra, aka Lee Ann Novick, aka Lee Robinson Novick, aka Liane Novich Beckwith, aka Liana Kealohilani Van Wye

Case Number:     RNS 2009-20-L

Sanction:             License suspended for three years, attend and complete a continuing education course to be determined by the Board; $1,000 fine                                                                            

Effective Date:     4-3-14 (Affirmed on appeal by the First Circuit Court, 2-13-15)*

The Board found that Respondent engaged in unprofessional conduct in violation of HRS § 457-12(a)(6) by failing to report to the Board disciplinary actions taken against her nursing licenses in New York, Pennsylvania and Washington and by wrongfully taking a controlled medication from her employer’s premises as determined by the New York licensing authority.  (Board’s Final Order after contested case hearing).

*The Circuit Court’s order has been appealed to the Intermediate Court of Appeals, State of Hawaii.

HAWAII MEDICAL BOARD

Respondent:        Mark D. Herbst, M.D.

Case Number:     MED 2014-134-L

Sanction:             License placed on probation for seven years, report non-compliance with California probation, $3,500 fine                                                                                                                       

Effective Date:     3-12-15

Respondent allegedly violated HRS § 453-8(a)(11) by having been disciplined in California for reasons as provided in HRS § 453-8.  The California Order was based on Respondent’s April 19, 2012 plea of no contest to a misdemeanor charge for altering or destroying a public record while working for Bay Area Doctors in connection with a contract between Bay Area Doctors and the California Department of Corrections and Rehabilitation.  (Board approved Settlement Agreement)

BOARD OF BARBERING AND COSMETOLOGY

Respondent:        Phuong K. Tran

Case Number:     BAR 2014-29-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     3-9-15

Respondent admittedly violated HRS §§ 439-2(a) by performing esthetician services for compensation without the proper license. (Board approved Settlement Agreement)

Respondent:        Kim Lien Thi Ta, dba Nails La Vie

Case Number:     BAR 2014-30-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     3-9-15

Respondent, as the beauty shop owner, and responsible for all operations of the shop, admittedly violated HRS §§ 439-19(a)(3), 439-17(a), 439-17(d) and HAR § 16-78-6 by permitting  unlicensed persons to perform cosmetology and esthetician services for compensation on the premises of Respondent’s beauty shop. (Board approved Settlement Agreement)

 

CONTRACTORS LICENSE BOARD

Respondents:      Rons Construction Corp and Ronald K. Oshiro

Case Number:     CLB 2014-275-L

Sanction:             $800 fine

Effective Date:     3-20-15

Respondents allegedly violated HRS § 436B-19(16) and HAR § 16-77-33 by utilizing unlicensed persons for plumbing work at the construction site for a new Walgreens Store.  (Board approved Settlement Agreement)

Respondents:      I C E Builders Inc. and Robert A. Moore

Case Number:     CLB 2014-75-L

Sanction:             $25,000 fine

Effective Date:     3-20-15

Respondents allegedly violated HAR § 16-77-71(a)(4) by failing to have a responsible managing employee (Respondent Moore) in residence in the State while a project was under construction.  The project, which involved construction of a large store in Waikiki, was allegedly primarily managed by Respondent Moore from the mainland, through onsite managers, via telephone and email.  (Board approved Settlement Agreement)

Respondent:        Daniel F. Gates, dba Clean Construction (Hawaii Island)

Case Number:     CLB 2012-390-L

Sanction:             $1,000 fine

Effective Date:     3-20-15

Respondent allegedly violated HRS § 444-25.5 and HAR § 16-77-80 by failing to include the requisite homeowner contract provisions in his contract with the homeowner.  (Board approved Settlement Agreement)

Respondents:      Superior Electrical Mechanical and Plumbing, Inc. and Henry W. Schobel, III

Case Number:     CLB 2014-118-L

Sanction:             $12,000 fine

Effective Date:     3-20-15

Respondents allegedly violated HRS § 444-9.5(a) by violating the 1:1 ratio for licensed journey worker electricians and non-licensed helpers, HRS § 444-9.5(b) because their licensed electricians failed to display their journey worker electrician licenses on their persons, and HAR § 16-77-71(a)(4) by failing to have the responsible managing employee (Respondent Schobel) in residence in Hawaii for approximately 10-12 days during the project.  (Board approved Settlement Agreement)

REAL ESTATE COMMISSION

Respondent:        Judy J. Jakobovits, aka Judith S. Jakobovits

Case Number:     REC 2014-129-L

Sanction:             Voluntary revocation of license

Effective Date:     3-27-15

Respondent admittedly violated HRS § 467-14(20) by failing to maintain a record of competency, honesty, truthfulness, financial integrity and fair dealing, HRS § 436B-19(14) by being convicted of a penal crime directly related to the qualifications, functions or duties of a real estate licensee, and  HRS § 436B-19(12) by failing to comply, observe, or adhere to any law in a manner such that the holder is deemed to be an unfit or improper person to hold a license.  Respondent also admittedly engaged in conduct constituting fraudulent or dishonest dealings in violation of HRS § 467-14(8). On May 5, 2014, Respondent entered into a plea agreement in which she agreed to enter a voluntary plea of guilty in the federal court to charges of money laundering.  Respondent had assisted an individual who told the FBI that he paid $830,000 for his residence and gave his realtor (Respondent) $300,000 cash for his down payment.  Respondent knew that the money was illegal gambling proceeds and Respondent structured the money into a down payment for the purchase of the property.  The individual thereafter worked with the FBI and he informed Respondent that he had $200,000 cash and wanted to buy a house and wanted it set up like the last time.  Respondent was to receive 5 percent or $10,000.  In August 2013 Respondent received $210,000 in cash and gave the individual two cashier’s checks in the amounts of $160,000 and $40,000 made out to an escrow company. (Commission approved Settlement Agreement)

To obtain copies of the decisions reported in this press release without charge go to:

 cca.hawaii.gov/oah/oah_decisions/.

 

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