Hearings Office

 

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

 

NEIL ABERCROMBIE
GOVERNOR

KEALII S. LOPEZ
DIRECTOR

 

FOR IMMEDIATE RELEASE

Sept. 16, 2014

 

DCCA DISCIPLINARY ACTIONS

(Through August 2014)

 

HONOLULU – The Department of Commerce and Consumer Affairs (DCCA) and the State Boards and Commissions released a summary of disciplinary actions through the month of August taken on individuals and entities with professional and vocational licenses in Hawai’i.  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:        Ross B. Rasmussen

Case Number:      RNS 2011-43-L

Sanction:              Voluntary revocation of license, $1,000.00 fine                                                

Effective Date:     8-7-14

 

Respondent admits that he violated HRS § 457-12(a)(9) by having been convicted, by nolo contendere or otherwise, of a penal offense substantially related to the qualifications, functions or duties of a nurse.  (Board approved Settlement Agreement)

 

 

 

 

 

 

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS,

SURVEYORS AND LANDSCAPE ARCHITECTS

 

Respondent:        Russell H. Ito

Case Number:      ENG 2013-18-L

Sanction:              $500.00 fine                                                                                                      

Effective Date:     8-14-14

 

Respondent allegedly violated HRS § 436B-13(a) by failing to satisfy the renewal requirements provided by law, HRS § 436B-19(1) by failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license and HRS § 464-9(d)(3) by failing to complete 16 continuing education credit hours to renew a license.  Respondent allegedly renewed his license online on or about April 26, 2012 and certified that he met the continuing education requirements by completing 16 continuing education credit hours but had not completed the continuing education credit hours necessary to renew his Hawaii architect’s license.  (Board approved Settlement Agreement)

 

Respondent:        Arwin D. Priest

Case Number:      ENG 2014-13-L

Sanction:              $2,500.00 fine                                                                                                   

Effective Date:     8-14-14

 

Respondent admits that by having disciplinary action taken against him in Missouri and Louisiana and not reporting the Missouri action within 30 days to the Hawaii Board, he violated HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement)

 

Respondent:        Roy A. Hunt

Case Number:      ENG 2014-21-L

Sanction:              $2,000.00 fine                                                                                                   

Effective Date:     8-14-14

 

Respondent admits that by having disciplinary action taken against him in Iowa and Tennessee and not reporting it within 30 days to the Hawaii Board, he violated HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement)

 

Respondent:        Kerry L. Madigan

Case Number:      ENG 2014-15-L

Sanction:              $1,000.00 fine                                                                                                   

Effective Date:     8-14-14

 

Respondent admits that by having disciplinary action taken against her in Colorado and not reporting it within 30 days to the Hawaii Board, she violated HRS §§ 436B-19(13) and 436B-19(15).  (Board approved Settlement Agreement)

 

 

 

 

BOARD OF MASSAGE THERAPY

 

Respondent:        Whitesage Morningstar, fka Jennifer Titherington

Case Number:      MAS 2012-21-L

Sanction:              Voluntary surrender of license                                                                          

Effective Date:     8-6-14

 

Respondent admits that she was convicted of a crime involving moral turpitude in violation of HRS § 452-24(a)(2) and engaged in fraudulent or dishonest dealings in violation of HRS § 452-24(a)(8).  On January 11, 2012, Respondent was convicted of Access Device Fraud and Attempted Access Device Fraud in the United States District Court, District of Hawaii. (Board approved Settlement Agreement)

 

 

 

BOARD OF PHARMACY

 

Respondent:        ESI Mail Pharmacy Service, Inc. dba Express Scripts of Bensalem, Pennsylvania (Permit no. 285)

Case Number:      PHA 2011-29-L

Sanction:              $1,000.00 fine                                                                                                   

Effective Date:     8-21-14

 

Respondent admits that it violated HRS § 436B-19(13) by being disciplined in Colorado for any reason provided by the licensing laws.  (Board approved Settlement Agreement)

 

Respondent:        Ameripharm, Inc. dbaMedvantx Pharmacy Services

Case Number:      PHA 2014-14-L

Sanction:              $2,000.00 fine                                                                                                   

Effective Date:     8-21-14

 

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Colorado for any reason provided by the licensing laws and HRS § 436B-19(15) by failing to report the disciplinary decision taken in Colorado within thirty days of the disciplinarydecision.  (Board approved Settlement Agreement)

 

Respondent:        Anazaohealth Corporation

Case Number:      PHA 2014-13-L

Sanction:              $5,000.00 fine                                                                                                   

Effective Date:     8-21-14

 

Respondent allegedly violated HRS § 436B-19(13) by being disciplined in Florida for any reason provided by the licensing laws and HRS § 436B-19(15) by failing to report disciplinary action taken in Florida within thirty days of the disciplinary decision.  (Board approved Settlement Agreement)

 

 

 

CONTRACTORS LICENSE BOARD

 

Respondents:      Engel Insulation & Firm Fill, Inc. and Anthony E. Warmuth(Hawaii Island)

Case Number:      CLB 2014-19-L

Sanction:              $500.00 fine                                                                                                      

Effective Date:     8-22-14

 

Respondentsallegedly violated HRS § 436B-16 by failing to provide notice to the Board within thirty days of any judgment, award, disciplinary sanction, order or other determination which finds that the licensee is liable for loss caused by the licensee’s conduct in the practice of the profession, and HRS § 444-17(6) by willfully violating any law of the State or any county relating to building, including any violation of any applicable rule of the department of health or of any applicable safety or labor law.  Respondents were allegedly issued a Notification of Violation and Suspension and a Suspension Order by the State of Hawaii Department of Labor and Industrial Relations based on work performed on the Pahoa Police Station and Vehicle Registration and Licensing Division, Project No. B-3738.  (Board approved Settlement Agreement)

 

Respondents:      Kauai Fire Protection, Inc. and Guy M. Menor, RME  (Kauai)

Case Number:      CLB 2011-346-L

Sanction:              $1,000.00 fine                                                                                                   

Effective Date:     8-22-14

 

Respondentsallegedly violated HRS § 436B-19(6) by aiding and abetting an unlicensed person to directly or indirectly perform activities requiring a license and HRS § 444-17(17) by entering into a contract with an unlicensed contractor involving work or activity for which a license is required.  (Board approved Settlement Agreement)

 

Respondent:        Robert A. Ancheta, dba Rob Landscape and Trees

Case Number:      CLB 2010-241-L

Sanction:              License suspended                                                                                          

Effective Date:     7-25-14

 

Respondent’s license was suspended because of his failure to comply with the Board’s October 18, 2013 Final Order which ordered him to pay a fine in the amount of $5,000.00, pay restitution in the amount of $1,669.87 and fully satisfy three judgments totaling $25,738.21 within six months of the Board’s Final Order.  (Board’s Final Order)

 

SOCIAL WORKER LICENSING PROGRAM

 

Respondent:        Susan J. Bierman

Case Number:      RSW 2013-2-L

Sanction:              Licensee reprimanded; $500.00 fine                                                                

Effective Date:     8-11-14

 

Respondent allegedly engaged in conduct or practice contrary to the recognized standards of ethics, in violation of HRS § 467E-12(a)(7), by allegedly allowing a former client who is not related to Respondent to temporarily reside in Respondent’s home.   (Director approved Settlement Agreement)

REAL ESTATE COMMISSION

 

Respondent:        Gregory S. Gerstenberger

Case Number:      REC 2013-148-L

Sanctions:            $1,500.00 fine                                                                                                   

Effective Date:     8-29-14

 

Respondent admits that he violated HRS § 467-7 by failing to ensure that his license was current and active.  (Commission approved Settlement Agreement)

 

Respondent:        Monalisa Sabo                                                                                             

Case Number:      REC 2013-177-L

Sanctions:            $2,500.00 fine                                                                                                   

Effective Date:     8-29-14

 

Respondent allegedly violated HAR 16-99-3(f) by failing to see that financial obligations and commitments regarding real estate transactions, including rental property management agreements are in writing and placed in the hands of all parties involved, HRS § 436B-19(7) by engaging in professional misconduct, incompetence, gross negligence or manifest incapacity in the practice of real estate and HRS § 467-14(4) by acting for both parties in connection with a transaction without first having obtained the written consent to do so of both parties.  (Commission approved Settlement Agreement)

 

 

Respondent:        Loren M. Small aka Mike Small

Case Number:      REC 2013-306-L

Sanctions:            $500.00 fine                                                                                                      

Effective Date:     8-29-14

 

Respondent allegedly failed to adhere to a law in a manner such that the licensing authority deems the holder of the license to be an unfit or improper person to hold the license in violation of HRS § 436B-19(12) and was allegedly convicted of a penal crime directly related to the qualifications, functions or duties of the licensed profession or vocation in violation of HRS § 436B-19(14).  In April 2011, Respondent allegedly pled no contest to the crime of driving under the influence. (Commission approved Settlement Agreement)

 

Respondent:        Samuel H. Yoshida dba Samuel Hayato Yoshida

Case Number:      REC 2014-13-L

Sanctions:            $500.00 fine                                                                                                      

Effective Date:     8-29-14

 

Respondent allegedly failed to adhere to a law in a manner such that the licensing authority deems the holder of the license to be an unfit or improper person to hold the license in violation of HRS § 436B-19(12) and was allegedly convicted of a penal crime directly related to the qualifications, functions or duties of the licensed profession or vocation in violation of HRS § 436B-19(14).  In December 2013, Respondent allegedly pled no contest to the crime of driving under the influence. (Commission approved Settlement Agreement)

MOTOR VEHICLE INDUSTRY LICENSING BOARD

 

Respondent:        Nathanael L. Roberts

Case Number:      MVI 2012-54-L

Sanction:              Voluntary revocation of license; agrees not to seek restoration of license and waives right to reapply for a motor vehicle salesperson’s license in the future

Effective Date:     8-26-14

 

Respondent admittedly violated HRS § 436B-19(2) by incorrectly answering “no” to the question “In the past 20 years have you ever been convicted of a crime in which the conviction has not been annulled or expunged?” on his license application.  On three separate occasions in 2010, Respondent was convicted of misdemeanors in California. (Board approved Settlement Agreement)

 

 

BOARD OF PSYCHOLOGY

 

Respondent:        Todd B. Corelli

Case Number:      PSY 2014-9-L

Sanction:              $1,000.00 fine                                                                                                   

Effective Date:     8-22-14

 

Respondent admits that he violated HRS § 465-13(a)(7) by being disciplined in Vermont and HRS § 436B-19(15) by failing to report the disciplinary decision to the Board within thirty days.  (Board approved Settlement Agreement)

 

 

 

To obtain copies of the decisions reported in this press release without charge go to

https://cca.hawaii.gov/oah/oah_decisions/.

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