RELEASE: DCCA DISCIPLINARY ACTIONS (Through June 2018)
Posted on Jul 20, 2018 in News ReleasesDEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Office of Administrative Hearings
DAVID Y. IGE
GOVERNOR
CATHERINE P. AWAKUNI COLÓN
DIRECTOR
FOR IMMEDIATE RELEASE
July 20, 2018
DCCA DISCIPLINARY ACTIONS
(Through June 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 June 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 NURSING
Respondent: Jacqueline Denise Rivera aka Jacqueline Denise Slater (Hawaii)
Case Number: RNS 2017-66-L
Sanction: $500 fine
Effective Date: 6-7-18
On or about June 3, 2015, Respondent was allegedly convicted of Driving Under the Influence of Alcohol. Despite the conviction, Respondent answered “No” to question #3 on her renewal application for her licensed practical nurse license dated May 6, 2017 that 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 §§ 436B-19(2) and 457-12(a)(11). (Board approved Settlement Agreement.)
Respondent: Sarah L. Berge (Hawaii)
Case Number: RNS 2017-71-L
Sanction: $500 fine
Effective Date: 6-7-18
On or about July 16, 2015, Respondent was allegedly convicted of Failure to Appear. Despite the conviction, Respondent answered “No” to question #3 on her renewal application for her registered nurse license dated June 14, 2017 that 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 §§ 457-12(a)(1) and 457-12(a)(11). (Board approved Settlement Agreement.)
Respondent: Karen L. Whitlatch, L.P.N.
Case Number: RNS 2015-7-L
Sanction: License revocation
Effective Date: 6-7-18
The Board found that Respondent: 1) falsified her nursing employment history in the W-2 form she had submitted to Aureus in connection with her application and thereafter attempted to cover up her misrepresentation by attempting to have a hospital representative provide Aureus with false information resulting in the Montana Disciplinary Action against her nursing license; and 2) did not inform the Board of the Montana Disciplinary Action, in violation of HRS §§ 457-12(a)(6), (8) and (10). (Board’s Final Order after contested case hearing.)
Respondent: Jill M. Sexton
Case Number: RNS 2017-50-L
Sanction: License suspension 2 years and satisfy all terms and conditions imposed by the New Jersey Order of Discipline
Effective Date: 6-7-18
The Board found that Respondent’s license to practice nursing in New Jersey was suspended until further order of the New Jersey Board based, in part, on a drug-related conviction in the State of Hawaii and Respondent’s failure to cooperate with the New Jersey Board, in violation of HRS §§ 457-12(a)(4) and (9). (Board’s Final Order after contested case hearing.)
Respondent: Cheese B. Dela Cruz nka Cheese D. Lazo
Case Number: RNS 2013-34-L
Sanction: License suspension 5 years of which 3 years shall be stayed so long as Respondent complies with the Board’s Final Order, complete NCSBN courses as determined by the Board and $1,000 fine.
Effective Date: 6-7-18
The Board found that Respondent engaged in unprofessional conduct and was unfit or incompetent by reason of negligence, habits or other causes in violation of HRS §§ 457-12(a)(3), (6) and (7) and the Board rules defining unprofessional conduct. (Board’s Final Order after contested case hearing.)
Respondent: Jamie H. Johnson
Case Number: RNS 2010-47-L
Sanction: $500 fine, refrain from taking any controlled substances except as prescribed by a physician, arrange to have employer submit quarterly reports directly to the Board verifying that Respondent is competent to practice nursing and revocation of license if Respondent fails or is unable to comply with the terms of the Board’s Final Order.
Effective Date: 6-7-18
The Board found that Respondent engaged in unprofessional conduct as defined by Board rules and was unfit or incompetent due to negligence, habits or other causes in violation of HRS §§ 457-12(a)(3) and (6). (Board’s Final Order after contested case hearing.)
Respondent: Vivian R. Villegas
Case Number: RNS 2016-42-L
Sanction: License revocation
Effective Date: 6-7-18
The Board found that Respondent engaged in unprofessional conduct, incompetence and gross negligence when she permitted a nursing assistant to administer a gastronomy feeding tube to a patient and flushed the tube with water, and failed to provide wound care to a patient but nevertheless falsely documented the treatment in the record, in violation of HRS § 457-12(a)(6) and § 436B-19(7). The Board also found that as a result of Respondent’s actions, her California nursing license was the subject of disciplinary action by the California Board in violation of HRS § 457-12(a)(8). (Board’s Final Order after contested case hearing.)
MOTOR VEHICLE INDUSTRY LICENSING BOARD
Respondent: Walter C. Amarino
Case Number: MVI 2016-56-L
Sanction: $1,500 fine
Effective Date: 6-19-18
On or about February 12, 2015, Respondent was convicted of Failure to Appear in violation of HRS § 803-6(e). Despite the conviction, Respondent answered “No” to the question on his renewal application dated June 16, 2016 that asked: “In the past two (2) years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in violation of HRS §§ 436B-19(2) and (5) and 437-28(1). (Board’s Final Order after contested case hearing.)
CONTRACTORS LICENSING BOARD
Respondent: Richard E. Mead, Jr. (Hawaii)
Case Number: CLB 2015-292-L and CLB 2017-191-L
Sanction: $2,500 fine
Effective Date: 6-22-18
Respondent failed to disclose State and Federal tax liens on his 2014 and 2016 license renewals in violation of HRS §§ 444-11 and 444-17 and HAR § 16-77-55; failed to notify the Board of his change of address within 10 days of the change in violation of HRS §§ 444-4 and 444-9 and HAR § 16-77-88; and was allegedly operating under the tradename Mead’s Masonry without registering it with the DCCA or the Board, in possible violation of HRS §§ 444-4 and 444-9 and HAR § 16-77-8. (Board approved Settlement Agreement.)
Respondent: Cano Electric, Inc. (Maui)
Case Number: CLB 2014-170-L and CLB 2014-259-L
Sanction: Revocation of license and agreement not to seek relicensure
Effective Date: 6-22-18
In 2011, Respondent allegedly failed to make required disclosures in a contract with a homeowner, received payment from the homeowner to install a wind turbine system but failed to complete the work, and failed to reimburse monies to the homeowner; in 2014 Respondent allegedly failed to pay amounts due to a materials supplier for materials used by Respondent on a job even though the customer paid Respondent for these materials; and on or about November 7, 2014 Respondent allegedly filed for bankruptcy, all in possible violation of HRS §§ 436B-19(8), 444-17(13) and (14), 444-25.5(b)(1) and HAR §§ 16-77-79(a)(1) and (4) and 16-77-80(a)(3) and (7). (Board approved Settlement Agreement.)
Respondent: Andre D. Hasselmann, dba Kona Fabricators and A/C (Hawaii)
Case Number: CLB 2018-30-L
Sanction: $500 fine
Effective Date: 6-22-18
On or about May 23, 2016, Respondent was allegedly convicted of the petty misdemeanor offense of Operating a Vehicle Under the Influence of an Intoxicant. Despite the conviction, Respondent answered “No” to the question on his renewal application dated August 8, 2016 that asked: “In the past 2 years have you been convicted of a crime which has not been annulled or expunged?”, in possible violation of HRS § 444-17(10). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondents: Derk M. Von Konynenburg and Eastdil Secured, LLC
Case Number: REC 2017-275-L
Sanction: $15,000 fine
Effective Date: 6-29-18
On February 15, 2018, RICO filed a Petition for Disciplinary Action alleging that Respondents violated the following: HRS §§ 467-12 (failure to maintain a place of business in the State of Hawaii and failure to display the real estate broker’s license); HAR § 16-99-3(m) (failure to have a principal broker at the place of business); HAR § 16-99-3(n) (failure to maintain a principal place of business in Hawaii); HAR § 16-99-3(o) (failure to designate a temporary principal broker prior to the time the principal broker is absent from the place of business for more than thirty calendar days); and HAR § 16-99-6 (failure to have brokerage firm’s certificate of license displayed). (Commission approved Settlement Agreement.)
Respondent: Vinh Duc Ta
Case Number: REC 2018-2-L
Sanction: $1,750 fine
Effective Date: 6-29-18
RICO alleges that on or about December 28, 2005, Respondent was convicted of the criminal offense of Operating a Vehicle Under the Influence of an Intoxicant. Despite the conviction, Respondent answered “No” to the question on his initial real estate salesperson application dated December 1, 2009 that asked: “During the past 20 years have you ever been convicted of a crime where there has not been an order annulling or expunging the conviction?”; RICO alleges that on or about June 24, 2009, a Judgment was filed against Respondent in the District Court of the First Circuit. Despite the Judgment, Respondent answered “No” to the question on his initial real estate salesperson application dated December 1, 2009 that asked: “Are there any pending lawsuits, unpaid judgments, outstanding tax obligations, or any other type of involuntary liens against you?”; and RICO alleges that on or about May 12, 2011, Respondent was convicted of the criminal offense of Disorderly Conduct. Despite the conviction, Respondent answered “No” to question 3 on his renewal application dated November 19, 2012 that asked: “In the past 3 years have you been convicted of a crime which has not been annulled or expunged?” in possible violation of HRS §§ 436B-19(2) and (5) and 467-20. (Commission approved Settlement Agreement.)
Respondent: Cindy L. Vicoy
Case Number: REC 2016-40-L
Sanction: License revocation
Effective Date: 6-29-18
The Commission revoked Respondent’s license for non-compliance with the Settlement Agreement Prior to Filing of Petition for Disciplinary Action and Commission’s Final Order adopted by the Commission on April 21, 2017. (Commission’s Final Order.)
RESPIRATORY THERAPIST PROGRAM
Respondent: Jon E. Ellis
Case Numbers: RTP 2017-1-L
Sanction: Reprimand of license
Effective Date: 6-8-18
Respondent was convicted of disorderly conduct in the State of Washington in possible violation of HRS § 466D-11(10). (Director approved Settlement Agreement.)
SOCIAL WORKER LICENSING PROGRAM
Respondent: Colleen M. Brady
Case Numbers: RSW 2017-25-L
Sanction: Complete continuing education and $100 fine
Effective Date: 6-8-18
Respondent failed to complete required continuing education credit hours because 5.5 hours of her completed credit hours were not approved by the National Association of Social Workers, the National Association of Social Workers Chapters, or the Association of Social Workers Boards as required by Hawaii law, in violation of HRS §§ 467E-11 and 467E-12(a)(1). (Director approved Settlement Agreement.)
MORTGAGE BROKERS AND SOLICITORS PROGRAM
Respondents: Amber Financial Group, LLC, Julian Kozar, Trena Papageorge, Pettrice Gambol, and Denni-Lee Bumanglag
Case Numbers: MBS 2007-92-L
Sanction: License revocation effective October 26, 2009
Effective Date: 6-26-18
Respondent Pettrice Gambol falsely answered “No” to the question on her renewal application, “Are there any disciplinary actions pending against you in this state or any other jurisdiction?”, in violation of HRS §§ 454-4(b), 436B-19(5), (7), (8) and (12). (Director’s Final Order on Remand.)
Copies of the decisions are available online at: https://cca.hawaii.gov/oah/oah_decisions/
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