Hearings Office

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Office of Administrative Hearings

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE
June 19, 2019

DCCA DISCIPLINARY ACTIONS
(Through May 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 May 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:        Brian J. Alejandro, R.N.

Case Number:     RNS 2017-72-L

Sanction:             Probation 3 years and $2,000 fine                                                                                  

Effective Date:     5-2-19

On or about December 18, 2018, RICO filed a Petition for Disciplinary Action Against License to Practice Nursing alleging that Respondent violated the following statute(s) and/or rule(s): HRS §§ 436B-19(17) and 457-12(a)(6) and HAR §§ 16-89-60(7)(D) and 16-89-60(7)(E).  (Board approved Settlement Agreement.)

 

BOARD OF MASSAGE THERAPY

Respondent:        Angela K. Bone

Case Number:     MAS 2018-92-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     5-1-19

RICO alleges that on or about February 12, 2018, Respondent was convicted in the State of Hawaii of Failure to Appear.  Despite the foregoing conviction, on or about June 8, 2018, Respondent allegedly answered “No” to question number 3 on her renewal application, 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 §§ 452-24(a)(1) and 452-24(a)(9).  (Board approved Settlement Agreement.)

 

Respondent:        Jill A. Johnson (Hawaii)

Case Number:     MAS 2018-60-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     5-1-19

RICO alleges that Respondent was disciplined by the States of Wyoming, Texas and Idaho, and failed to disclose the voluntary surrender of her license in Wyoming, and the revocation of her nursing licenses in Texas and Idaho on her application for registration as a massage therapist’s apprentice submitted to the Board.  RICO further alleges that Respondent was disciplined by the State of California and failed to disclose the August 6, 2012 revocation of her nursing license on a renewal application for licensure submitted to the Board, in possible violation of HRS §§ 452-24(a)(1) and 452-24(a)(9).  (Board approved Settlement Agreement.)

 

BOARD OF PSYCHOLOGY

Respondent:        Lisa A.K. Kaneshiro

Case Number:     PSY 2012-3-L

Sanction:             Reprimand and continuing education                                                                              

Effective Date:     5-17-19

RICO alleges that Respondent filed articles of incorporation and applied for and obtained a general excise tax license for a company in order to enter into a business venture with a treating patient, in possible violation of HRS § 465-13(a)(3) and HAR § 16-98-34(i)(2).  (Board approved Settlement Agreement.)

 

CONTRACTORS LICENSE BOARD

Respondents:      National Commercial Builders Inc. and William J. Robison

Case Numbers:   CLB 2019-130-L

Sanction:             $10,000 fine

Effective Date:     5-17-19

RICO alleges that during a renovation project in early 2019, Respondent Robison, RME, was not in residence for periods of time while the renovation was progressing, in possible violation of HAR § 16-77-71(a)(4).  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Art Balmaceda aka Arthur G. Balmaceda dba A F Properties

Case Number:     REC 2018-237-L

Sanction:             Voluntary revocation                                                                                                        

Effective Date:     5-17-19

RICO alleges that Respondent was not a citizen of the United States or an alien authorized to work in the United States in or after 1996, and submitted false answer(s) on his Application for License – Real Estate in 1996, in violation of HRS §§ 467-9.5 and 467-20.  (Commission approved Settlement Agreement.)

 

Respondent:        Viheart L. Smith aka Vicky Smith

Case Number:     REC 2018-264-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     5-17-19

Respondent allegedly failed to ensure that an associated real estate salesperson’s license was timely renewed, in possible violation of HRS § 467-1.6(b)(7).  (Commission approved Settlement Agreement.)

 

Respondent:        Grace M. Bunao

Case Number:     REC 2018-172-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     5-17-19

Respondent allegedly undertook real estate activities while her real estate salesperson’s license was expired and/or forfeited, in possible violation of HRS § 467-7.  (Commission approved Settlement Agreement.)

 

Respondent:        Donovan L. Bailey

Case Number:     REC 2019-28-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     5-17-19

Respondent was allegedly convicted of Operating a Vehicle Under the Influence of an Intoxicant, in possible violation of HRS § 436B-19(12).  (Commission approved Settlement Agreement.)

 

Respondent:        Christine Terese Ajirogi

Case Number:     REC 2019-23-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     5-17-19

Respondent was allegedly convicted of Operating a Vehicle Under the Influence of an Intoxicant, in possible violation of HRS § 436B-19(12).  (Commission approved Settlement Agreement.)

 

Respondent:        Nancy Lam, aka Nancy Au Lam

Case Number:     REC 2018-364-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     5-17-19

Respondent allegedly undertook real estate activities while her real estate salesperson’s license was expired and/or forfeited, in possible violation of HRS § 467-7.  (Commission approved Settlement Agreement.)

 

Respondent:        Jill Y. Izuno (Hawaii)

Case Number:     REC 2019-43-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     5-17-19

Respondent was allegedly convicted of Operating a Vehicle Under the Influence of an Intoxicant, in possible violation of HRS § 436B-19(12).  (Commission approved Settlement Agreement.)

 

BOARD OF PUBLIC ACCOUNTANCY

Respondent:        David M. Kostecki

Case Numbers:   ACC 2014-7-L

Sanction:             Complete continuing education credits and $500 fine

Effective Date:     5-24-19

On or about December 31, 2013, Respondent submitted a renewal application to the Board in which Respondent attested that he earned a minimum of four continuing professional education hours required for the renewal period.  Following a random audit by the Board, Respondent was unable to provide the Board with proof of continuing professional education hours having been completed, in violation of HRS §§ 436B-19(2), 466-9(b)(3) and 466-9(b)(6) and HAR § 16-71-2(a).  (Board approved Settlement Agreement.)

 

ACTIVITY DESKS PROGRAM

Respondent:        LHK, LLC., dba Holiday Professionals

Case Number:     ADP 2018-2-L

Sanction:             Registration revocation, $1,000 fine and $6,161.24 restitution to Makani Kai               

Effective Date:     5-16-19

The Director adopted the Hearings Officer’s Findings of Fact, Conclusions of Law and Recommended Order finding and concluding that Respondent: failed to obtain full payment from a tour group in order to pay Makani Kai for helicopter flights prior to the time Respondent booked the helicopter flight reservation(s) or any time thereafter; failed to pay Makani Kai for the helicopter flights within 30 days; and failed to notify the Program of a civil judgment against Respondent within 30 days of the judgment, in violation of HRS §§ 468M-3(6), 468M-4, 436B-16(a), 436B-19(8) and 436B-19(17).  (Director’s Final Order after contested case hearing.)

 

COLLECTION AGENCY PROGRAM

Respondent:        Allied Collection Services, Inc.

Case Number:     COL 2018-10-L

Sanction:             $250 fine                                                                                                                          

Effective Date:     5-21-19

RICO alleges that Respondent timely self-reported on its 2018 renewal application that it had been disciplined by the State of Colorado for failing to disclose on its initial application for licensure a prior disciplinary action taken against it by the State of Indiana, in possible violation of HRS § 436B-19(13).  (Director approved Settlement Agreement.)

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

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William Nhieu
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Department of Commerce and Consumer Affairs
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Office: (808) 586-7582