Hearings Office

 DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

OFFICE OF ADMINISTRATIVE HEARINGS

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE
September 28, 2021

DCCA DISCIPLINARY ACTIONS
(Through August 2021)

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 August 2021 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.

MEDICAL BOARD

Respondent:     Thomas K. Dudenhoeffer, M.D.
Case Number:   MED 2021-19-L
Sanction:          Comply with Florida Final Orders and Voluntary License Suspension for 5 Years
Effective Date: 8-12-21

RICO alleges that, based on an evaluation by a physician specializing in addiction medicine, Respondent’s Florida license was suspended until such time as Respondent demonstrates to the Florida Board his ability to practice medicine with reasonable skill and safety, and Respondent entered three (3) pleas of nolo contendre to criminal misdemeanor and felony offenses in Florida and failed to notify the Florida Board in writing within 30 days, in possible violation of HRS §§ 453-8(a)(5), 453-8(a)(7), 453-8(a)(12) and 436B-19(7).  (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent:     Kimberly M. Cutler
Case Number:   RNS 2021-37-L
Sanction:          Reprimand and $500 fine
Effective Date: 7-1-21

RICO alleges that Respondent was disciplined by the State of Nevada and failed to timely report the disciplinary action to the Board, in possible violation of HRS §§ 457-12(a)(8) and 457-12(a)(10).  (Board approved Settlement Agreement.)

Respondent:     Pamela I. Carriaga, L.P.N. (Hawaii)
Case Number:   RNS 2020-54-L
Sanction:          Voluntary Surrender of License and Agreement Not to Seek Reinstatement or Restoration of License or New License
Effective Date: 7-1-21

RICO alleges that on or about November 3, 2020, while providing nursing care to a minor patient at patient’s residence, Respondent slapped the patient’s hand, in possible violation of HRS § 457-12(a)(6) and HAR § 16-89-60(6)(A).  (Board approved Settlement Agreement.)

Respondent:     Brandy M. Pousson-Bertrand, L.P.N.
Case Number:   RNS 2021-27-L
Sanction:          Reprimand and $250 fine
Effective Date: 7-1-21

RICO alleges that Respondent was disciplined by the State of Louisiana and may have failed to timely report the disciplinary action in Hawaii within 30 days, in possible violation of HRS §§ 457-12(a)(8) and 457-12(a)(10).  (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:     Tailor Made Compounding, LLC
Case Number:   PHA 2018-6-L
Sanction:          Voluntary Surrender of Miscellaneous Permit
Effective Date: 8-19-21

On or about March 12, 2021, RICO filed a Petition for Disciplinary action alleging that Respondent violated, in part, HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

Respondent:     Bet Pharm, LLC
Case Number:   PHA 2020-151-L
Sanction:          $1,500 fine
Effective Date: 8-19-21

RICO alleges that Respondent was disciplined by the States of Kansas and Kentucky and failed to timely report the actions to the Board, in possible violation of HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement.)

BOARD OF CHIROPRACTIC

Respondent:     Mark S. Kemenosh, D.C.
Case Number:   CHI 2020-27-L
Sanction:          Agreement Not to Practice Chiropractic in the State of Hawaii and Agreement Not to Renew Chiropractor’s License
Effective Date: 9-1-21

RICO alleges that Respondent has been unable to provide the Board or RICO with evidence of having completed qualified courses to meet the CE requirements in the twenty-four months preceding December 31, 2019, in possible violation of HRS §§ 436B-19(17) and/or 442-9(a)(14).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents:  TLC Builder Ltd. and Thomas C. Lefler (Maui)
Case Number:   CLB 2020-380-L
Sanction:          $2,500 fine
Effective Date: 8-19-21

RICO alleges that Respondents entered into a contract with homeowners for the construction of a new home, but did not provide homeowners with required verbal or written disclosures regarding lien or bonding rights, in possible violation of HRS § 444-25.5 and HAR § 16-77-80.  (Board approved Settlement Agreement.)

Respondents:  Rodney C. Hoeme and R Hoeme Construction, LLC
Case Number:   CLB 2020-227-L
Sanction:          $5,000 fine
Effective Date: 8-19-21

RICO alleges that Respondents aided or abetted an unlicensed person to evade HRS Chapter 444, in possible violation of HRS § 444-9.3  (Board approved Settlement Agreement.)

Respondent:     Dennis G. Young, dba Young Electrical Service
Case Number:   CLB 2019-443-L
Sanction:          $5,000 fine
Effective Date: 8-19-21

RICO alleges that Respondent failed to include all required information in a written homeowner contract and failed to have at least half of the individuals performing “electrical work” at the project licensed in accordance with HRS Chapter 448E, in possible violation of HRS §§ 444-9.5, and 444-25.5 and HAR § 16-77-80  (Board approved Settlement Agreement.)

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent:     John J. Peterson, Jr. (Maui)
Case Number:   MVI 2018-23-L
Sanction:          Voluntary Revocation of License
Effective Date: 8-10-21

RICO alleges that Respondent participated in a fraudulent lien sale of a motor vehicle with a towing company, in possible violation of HRS § 437-28(a)(3).  (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:     Manual M. Fernandez
Case Number:   REC 2018-227-L
Sanction:          $2,500 fine
Effective Date: 6-25-21

The Commission concluded that Respondent violated HRS §§ 436B-19(1), (12), (14) and (17).  (Commission’s Final Order after contested case hearing.)

Respondent:     CBIP, Inc. dba Coldwell Banker Island Properties
Case Number:   REC 2019-593-L
Sanction:          $500 fine
Effective Date: 8-27-21

RICO alleges that in or about November 2018, Respondent entered a no-admission Consent Agreement with the United States Environmental Protection Agency and did not report the Consent Agreement to the Commission in writing within thirty days, in possible violation of HRS § 436B-16(a).  (Commission approved Settlement Agreement.)

Respondents:  John M. Kevan and Maui Paradise Properties LLC (Maui)
Case Number:   REC 2021-141-L
Sanction:          $3,500 fine
Effective Date: 8-27-21

RICO alleges that Respondents failed to immediately transfer all funds held in trust for its clients to a new property management company following termination of Respondents’ rental property management contract on March 1, 2021, in possible violation of HRS § 467-14(7) and HAR § 16-99-4.  (Commission approved Settlement Agreement.)

BEHAVIOR ANALYST PROGRAM

Respondent:     Ruth A. Ballinger
Case Number:   BEH 2017-2-L
Sanction:          $2,500 fine
Effective Date: 8-25-21

The Director concluded that Respondent violated HRS § 465D-11(a)(7).  (Director’s Final Order after contested case hearing.)

MARRIAGE AND FAMILY THERAPIST LICENSING PROGRAM

Respondent:     Raul T. Sabat
Case Number:   MFT 2020-1-L
Sanction:          Conditional License 3 years, Continue Consultation/Supervision, Complete Continuing Education and $3,000 fine
Effective Date: 4-8-21

RICO alleges that Respondent had an unprofessional relationship with ML during and/or after Respondent’s professional relationship with ML, in possible violation of HRS §§ 451-11(a)(3), 436B-19(7) and 436B-19(12).  (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:
Jayson Horiuchi
Communications Officer
Department of Commerce and Consumer Affairs
Email: [email protected]
Phone: (808) 586-7582