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
November 13, 2019

DCCA DISCIPLINARY ACTIONS

(Through October 2019)

 

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 2019 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 NURSING

Respondent:        Erlinda C. Bayaca

Case Number:     RNS 2013-6-L

Sanction:             $500 fine, complete education courses and no longer perform work as a case manager         

Effective Date:     10-3-19

RICO alleges that on or about April 18, 2012, Respondent became aware that JC, a resident of a community care foster home for whom Respondent was a case manager, was riding the bus without supervision.  On or about May 14, 2012, JC’s plan of care required him to have constant one-on-one supervision when mobile.  On or about July 22, 2012, JC fainted while riding a bus alone and was admitted to the hospital where he made a full recovery.  RICO alleges that despite having knowledge of the foregoing, Respondent failed to discuss the change with JC’s primary care provider or to initiate or confirm the completion of the steps necessary to reassess and revise the plan of care, in possible violation of HRS § 457-12(a)(6) and HAR §§ 16-89-59 and 16-89-60(6)(C).  (Board approved Settlement Agreement.)

 

Respondent:        Wilma V. Concepcion

Case Number:     RNS 2018-16-L

Sanction:             Probation for two (2) years, $500 fine, complete education courses and pay all costs incurred in complying with Settlement Agreement                                                          

Effective Date:     10-3-19

RICO alleges that on or about September 11, 2013, while Respondent was employed at a dialysis treatment provider, a patient under Respondent’s care left after his treatment, lost consciousness while driving, and subsequently struck a pedestrian causing bodily injury.  RICO also alleges that Respondent failed to comply with nursing standards in that she either failed to recognize a patient was compromised prior to discharge, or recognizing the patient was compromised, failed to respond appropriately.  RICO also alleges that Respondent failed to comply with the dialysis treatment provider’s policies and procedures regarding patients leaving against medical advice, in possible violation of HRS § 457-12(a)(6) and HAR § 16-89-60(6)(C).  (Board approved Settlement Agreement.)

 

Respondent:        Laura Lynn Smith, fka Sukanlaya Hughes

Case Number:     RNS 2017-29-L

Sanction:             License revocation and $5,000 fine                                                                                

Effective Date:     10-3-19

The Board adopted the Hearings Officer’s recommended order as the Board’s Final Order and grants Petitioner’s Motion for Summary Judgment, in part, and finds and concludes that Respondent violated HRS §§457-12(a)(1), (6), (8), (10) and (11).  The Board denies Petitioner’s Motion for Summary Judgment, in part, as to the allegations of violating HAR §§16-89-60(1) and (5) and dismisses those allegations.  (Board’s Final Order after contested case hearing.)

 

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:        Jason E. Lalonde (Hawaii)

Case Number:     MVI 2018-77-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     10-15-19

 

RICO alleges that on or about August 2, 2016, Respondent was convicted of Excessive Speeding.  Despite the conviction, Respondent allegedly answered “No” to the question on his renewal application submitted on June 1, 2018 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 § 437-28(a)(1).  (Board approved Settlement Agreement.)

 

CONTRACTORS LICENSE BOARD

Respondents:      David E. Souza and Island Construction & Demolition, LLC

Case Number:     CLB 2019-379-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     10-18-19

 

RICO alleges that on or about January 10, 2019, the Department of Labor and Industrial Relations, Wage Standards Division, confirmed findings against Respondent Island for failure to pay overtime wages to its employees on the Election Day holiday, in possible violation of HRS § 444-47(6) and HAR § 16-77-71(a)(5).  (Board approved Settlement Agreement.)

 

Respondent:        James Rivera (Hawaii)

Case Number:     CLB 2019-298-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     10-18-19

 

RICO alleges that on or about January 12, 2017, Respondent was convicted of the petty misdemeanor offense of Harassment.  Despite the conviction, Respondent allegedly answered “No” to question 3 on his PVL Renewal Application for his Contractor’s License received on August 11, 2018 which asked, “In the past two years have you been convicted of a crime which has not been annulled or expunged?” in possible violation of HRS §§ 444-17(10) and 436B-19(5).  (Board approved Settlement Agreement.)

 

BOARD OF PUBLIC ACCOUNTANCY

Respondent:        Mayer Hoffman McCann P.C.

Case Number:     ACC 2017-12-L

Sanction:             $1,500 fine                                                                                                                       

Effective Date:     10-28-19

 

RICO alleges that Respondent was subject to disciplinary action by another state, in possible violation of HRS § 436B-19(13).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Arlene M. Ichimura

Case Number:     REC 2019-381-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     10-25-19

 

RICO alleges that from January 1, 2017 to about October 19, 2017, Respondent‘s real estate salesperson license was expired and/or forfeited.  During that time, Respondent allegedly undertook activities requiring a license, in possible violation of HRS § 467-7.  (Commission approved Settlement Agreement.)

 

Respondent:        Chris S. Mabuti aka Cris S. Mabuti

Case Number:     REC 2019-281-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     10-25-19

 

RICO alleges that Respondent’s real estate salesperson’s license was placed on inactive status from January 1, 2019 to January 28, 2019 for failing to successfully complete continuing education requirements in a timely manner.  During this time, Respondent allegedly engaged in one (1) real estate transaction, in possible violation of HRS § 467-7.  (Commission approved Settlement Agreement.)

 

Respondent:        Cecilio R. Riodil

Case Number:     REC 2019-306-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     10-25-19

 

RICO alleges that as principal broker, Respondent is responsible for ensuring that the licenses of all associated real estate licensees (Chris S. Mabuti aka Cris S. Mabuti) are active and current, in possible violation of HRS § 467-1.6(b)(7).  (Commission approved Settlement Agreement.)

 

Respondent:        Patricia Bissett (Maui)

Case Number:     REC 2017-106-L

Sanction:             $2,500 fine, complete education courses, and automatic revocation of license for failure to fully and timely comply with the terms of this Settlement Agreement                            

Effective Date:     10-25-19

 

RICO alleges that Respondent altered a rental agreement without the other party’s written or verbal consent, in possible violation of HRS § 436B-19(7), (8), (9) and (17), 467-14(13) and (20) and HAR § 16-99-3(a), (b) and (u).  (Commission approved Settlement Agreement.)

 

Respondents:      Patricia Bissett and Maui Island Realty, LLC (Maui)

Case Number:     REC 2017-218-L

Sanction:             $7,500 fine and automatic revocation of license for failure to fully and timely comply with the terms of this Settlement Agreement                                                                                

Effective Date:     10-25-19

 

RICO alleges that Respondent Maui Island Realty, LLC (“MIR”) operated without a principal broker or broker in charge from November 1, 2018 until January 22, 2019.  RICO also alleges that Respondent Bissett repeatedly accessed, deposited and disbursed client funds from MIR’s client trust account between August 23, 2016 and January 22, 2019, even though she was not the principal broker of MIR, in possible violation of HRS § 436B-19(7), (8) and (17), 467-14(6), (13) and (20) and HAR § 16-99-3(a), (b) and (m).  (Commission approved Settlement Agreement.)

 

Respondent:        Richard G. Clayton (Maui)

Case Number:     REC 2019-347-L

Sanction:             $7,500 fine and automatic revocation of license for failure to fully and timely comply with the terms of this Settlement Agreement                                                                                

Effective Date:     10-25-19

 

RICO alleges that Respondent, principal broker of Maui Island Realty, LLC (“MIR”) from August 23, 2016 until October 20, 2018, knowingly and repeatedly allowed Patricia Bissett (“Bissett”) to access and disburse client funds from MIR’s client trust accounts, and Respondent did not have access to said client trust accounts between August 23, 2016 and October 20, 2018.  RICO also alleges that Respondent failed to properly manage and supervise MIR and Bissett while Respondent was MIR’s principal broker, in possible violation of HRS § 436B-19(7), (8), (9) and (17), 467-1.6(a) and (b)(1), 467-14(13) and (20) and HAR § 16-99-3(a) and (b).  (Commission approved Settlement Agreement.)

 

Respondent:        Raphael J. Augustine (Maui)

Case Number:     REC 2019-152-L

Sanction:             $500 fine

Effective Date:     10-25-19

RICO alleges that Respondent self-reported in November 2018 that he had been convicted of the offense of Operating a Vehicle Under the Influence of an Intoxicant in the District Court of the Second Circuit, State of Hawaii, in possible violation of HRS § 436B-19(12).  (Commission 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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