Hearings Office

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE
October 14, 2019

DCCA DISCIPLINARY ACTIONS

(Through September 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 September 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 PRIVATE DETECTIVES AND GUARDS

Respondent:        Darci K. Agres (Hawaii)

Case Number:     PDG 2018-15-L

Sanction:             $500 fine                                                                                                                          

Effective Date:     9-11-19

RICO alleges that on or about January 3, 2005, Respondent was convicted of Criminal Contempt of Court and on or about August 9, 2011, Respondent was convicted of Driving Without a Valid Driver’s License.  Despite the convictions, Respondent allegedly answered “No” to question number 5 on her Application for Guard Employee Registration dated May 15, 2014 which asked:  “Have you ever been convicted of a crime in any jurisdiction that has not been annulled or expunged?”  RICO also alleges that on or about June 5, 2017, Respondent was convicted of DUI by Impairment or .08 Breath and Driving with an Improper Driver’s License (amended on or about November 9, 2017 to Driving Without a Valid Driver’s License.)  Despite these convictions, Respondent allegedly answered “No” to question number 3 on her Renewal Application received on June 28, 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?”  (Board approved Settlement Agreement.)

 

Respondents:      Jan-Guard Hawaii, Inc. and Frank F. Commendador, Jr.

Case Number:     PDG 2016-91-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     9-11-19

RICO alleges that from June of 2016 to November of 2016, Respondents employed four unlicensed guards to conduct guard activity, in possible violation of HRS §§ 436B-19(6), 436B-19(16) and 463-8(b) and HAR § 16-97-7(b)(1).  (Board approved Settlement Agreement.)

 

Respondents:      Jan-Guard Hawaii, Inc. and Frank F. Commendador, Jr.

Case Number:     PDG 2017-43-L

Sanction:             $5,000 fine                                                                                                                       

Effective Date:     9-11-19

RICO alleges that from October of 2015 to September of 2017, Respondents employed several unlicensed guards, in possible violation of HRS §§ 436B-19(6), 436B-19(16) and 463-8(b) and HAR § 16-97-7(b)(1).  (Board approved Settlement Agreement.)

 

BOARD OF NURSING

Respondent:        Milagros L. Batalon

Case Number:     RNS 2013-5-L

Sanction:             $2,500 fine and complete education courses                                                                 

Effective Date:     9-5-19

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.)

 

CONTRACTORS LICENSE BOARD

Respondents:      RI-NO LLC, dba Oahu Flooring and Kyri S. Pehau

Case Number:     CLB 2019-241-L

Sanction:             $1,000 fine                                                                                                                       

Effective Date:     9-20-19

RICO alleges that Respondents did not possess the required C-7 license at the time of the removal, disposal and installation of carpeting at a job and Respondents’ website did not have their respective contractor licenses listed on it, in possible violation of HRS § 444-17(12) and HAR §§ 16-77-83 and 16-77-33(c).  (Board approved Settlement Agreement.)

 

Respondents:      Arthur S. Kim dba IVIEW Security

Case Number:     CLB 2014-54-L

Sanction:             $5,000 fine                                                                                                                       

Effective Date:     9-20-19

RICO alleges that Respondent hired an unlicensed contractor to install conduit for the security cameras, in possible violation of HRS §§ 444-9.3 and 444-17-12.  (Board approved Settlement Agreement.)

 

REAL ESTATE COMMISSION

Respondent:        Mark N. Koehler (Kauai)

Case Number:     REC 2019-161-L

Sanction:             $750 fine                                                                                                                          

Effective Date:     9-27-19

RICO alleges that on or about December 28, 2016, Respondent was convicted of Inattention to Driving and Operating a Vehicle Under the Influence of an Intoxicant.  Despite the convictions, Respondent allegedly answered “No” to the question on his renewal application dated December 10, 2018 which asked:  “In the past 2 years have you been convicted of a crime where the conviction has not been annulled or expunged?” in possible violation of HRS §467-20(Board approved Settlement Agreement.)

 

Respondent:        Richard R. Bourland (Maui)

Case Number:     REC 2019-217-L

Sanction:             $500 fine

Effective Date:     9-27-19

RICO alleges that Respondent engaged in three (3) real estate transactions while his license was inactive, in possible violation of HRS § 467-7.  (Commission approved Settlement Agreement.)

 

Respondent:        Christopher F. Geng (Maui)

Case Number:     REC 2019-265-L

Sanction:             $1,000 fine

Effective Date:     9-27-19

RICO alleges that Respondent, a principal broker, failed to ensure that an associate’s real estate license was timely renewed, in possible violation of HRS § 467-1.6(b)(7).  (Commission approved Settlement Agreement.)

 

Respondent:        Marty Sanders aka Martin P. Sanders

Case Number:     REC 2018-233-L

Sanction:             $1,000 fine

Effective Date:     9-27-19

RICO alleges that Respondent engaged in various real estate transactions while his license was inactive, in possible violation of HRS § 467-7.  (Commission approved Settlement Agreement.)

 

Respondent:        Duke M. Kimhan

Case Number:     REC 2019-465-L

Sanction:             $2,000 fine

Effective Date:     9-27-19

RICO alleges that Respondent, a principal broker, failed to ensure that an associate’s real estate license was timely renewed, in possible violation of HRS § 467-1.6(b)(7).  (Commission approved Settlement Agreement.)

 

SOCIAL WORKER PROGRAM

Respondent:        Paula Taeko Higuchi

Case Number:     RSW 2017-20-L

Sanction:             Voluntary revocation of license                                                                                       

Effective Date:     9-3-19

 

RICO alleges that Respondent completed four of the required continuing education credit hours outside of the 2013 to 2016 licensing period and is short three additional required continuing education credit hours, in possible violation of HRS §§ 467E-11 and 467E-12(a)(1).  (Director approved Settlement Agreement.)

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

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Media Contact:
William Nhieu
Communications Officer
Department of Commerce and Consumer Affairs
Email: [email protected]
Office: (808) 586-7582