Hearings Office

 DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

OFFICE OF ADMINISTRATIVE HEARINGS

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE
August 31, 2021

DCCA DISCIPLINARY ACTIONS
(Through July 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 July 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.

BOARD OF PHYSICAL THERAPY

Respondent:     Mark S. Thomas
Case Number:   PTS 2020-3-L
Sanction:          $100 fine and complete continuing competence credits
Effective Date: 7-13-21

RICO alleges that Respondent only completed 28 of the 30 required continuing competency units at the time Respondent submitted his renewal application to the Board, in possible violation of HRS §§ 461J-10.1(a), 461J-10.1(c), 461J-10.12(1), 461J-10.15(d) and 461J-12(a)(11).  (Board approved Settlement Agreement.)

BOARD OF ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent:     Frank J. Lyon
Case Number:   ENG 2019-4-L
Sanction:          License revocation and $3,000 fine
Effective Date: 4-29-21

The Board adopted the Hearings Officer’s recommended decision and found and concluded that Respondent violated HRS §§ 436B-19(8), 436B-19(14) and 464-10.  (Board’s Final Order after contested case hearing.)

BOARD OF NURSING

Respondent:     Lynda A. C. Hirakami, APRN
Case Number:   RNS 2019-50-L
Sanction:          Reprimand, $500 fine and complete continuing education
Effective Date: 7-1-21

RICO alleges that Respondent titrated a patient’s thyroid medication from 90 milligrams to 80 milligrams, and from 45 milligrams to 22.5 milligrams without regular monitoring of the patient’s laboratory results, in possible violation of HAR § 16-89-125(a)(5)(B).  (Board approved Settlement Agreement.)

Respondent:     Aniebiet I. Ekpri aka Aniebiet I. Udom aka Aniebiet I. Ekpri-Udom
Case Number:   RNS 2021-238-L
Sanction:          Voluntary surrender of license
Effective Date: 7-1-21

RICO alleges that Respondent was disciplined by the State of Texas 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.)

CONTRACTORS LICENSE BOARD

Respondents:  Cy & Serena Construction, Inc. and Solomon Phillip, aka Cy Phillip
Case Number:   CLB 2019-431-L
Sanction:          $1,000 fine
Effective Date: 7-23-21

RICO alleges that Respondents aided and abetted unlicensed contracting activity, in possible violation of HRS § 444-9.3 and HAR §§ 16-77-71 and 16-77-75.  (Board approved Settlement Agreement.)

Respondents:  Pacific Elite Construction LLC and Emily W. M. W. Cheung
Case Number:   CLB 2020-411-L
Sanction:          $2,500 fine
Effective Date: 7-23-21

RICO alleges that Respondents entered into a construction contract with a homeowner, but did not provide the homeowner with required disclosures regarding lien or bonding rights, or Respondents’ right as contractors to resolve any alleged construction defects prior to the commencement of litigation in accordance with HRS § 672E-11, or the date work was to commence and number of days for completion, in possible violation of HRS § 444-25.5 and HAR §§ 16-77-79 and 16-77-80.  (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:     Mele Heresa
Case Number:   REC 2020-121-L; REC 2020-298-L; REC 2020-359-L; REC 2020-384-L
Sanction:          $4,500 fine
Effective Date: 7-23-21

RICO alleges that Respondent failed to develop policies and procedures regarding document requests made pursuant to HRS Chapter 514B and failed to disclose the ongoing RICO investigation on its renewal applications for the licensing periods covering January 2019 to December 2020 and January 2021 to December 2022, in possible violation of HRS §§ 467-14(13), 467-1.6 and 467-20.  Regarding HRS § 467-14(13), Respondent allegedly failed to adhere to HRS §§ 514B-154.5(a)(9), (10), (12), and (14), and HRS 514B-154.5(b) and (c).  (Commission approved Settlement Agreement.)

Respondent:     Hawaiiana Management Co., Ltd.
Case Number:   REC 2020-384-L
Sanction:          $4,500 fine
Effective Date: 7-23-21

RICO alleges that Respondent: failed to deliver documents that Respondent is required to provide under the applicable statutes within thirty days of a request; failed to provide written authorizations or written refusal with an explanation for other documents not required under applicable statutes within thirty days of a request; and failed to disclose the ongoing RICO investigation on its renewal applications for the licensing periods covering January 2019 to December 2020 and January 2021 to December 2022, in possible violation of HRS § 467-14(13).  Specifically, Respondent allegedly failed to adhere to HRS §§ 514B-154.5(a)(10), (12), and (14), and HRS 514B-154.5(c).  (Commission approved Settlement Agreement.)

Respondent:     Hawaiiana Management Co., Ltd.
Case Number:   REC 2020-359-L
Sanction:          $3,000 fine
Effective Date: 7-23-21

RICO alleges that Respondent: failed to deliver documents that Respondent is required to provide under the applicable statutes within thirty days of a request; failed to provide written authorizations or written refusal with an explanation for other documents not required under applicable statutes within thirty days of a request; required Complainant to pay for association meeting minutes for months January 1, 2020 to June 30, 2020 as a prerequisite to in-person examination of the requested documents in violation of the applicable statutes; required Complainant to pay for administrative costs related to providing the requested documents as a prerequisite to receiving the requested documents after failing to notify Complainant at least ten days prior to incurring the costs in violation of applicable statutes; and failed to disclose the ongoing RICO investigation on its renewal applications for the licensing periods covering January 2019 to December 2020 and January 2021 to December 2022, in possible violation of HRS § 467-14(13).  Specifically, Respondent allegedly failed to adhere to HRS §§ 514B-154.5(a)(9), (10), (12), and (14), and HRS §§ 514B-154.5(b) and (c).  (Commission approved Settlement Agreement.)

Respondent:     Hawaiiana Management Co., Ltd.
Case Number:   REC 2020-298-L
Sanction:          $2,000 fine
Effective Date: 7-23-21

RICO alleges that Respondent failed to deliver documents that Respondent is required to provide under the applicable statutes within thirty days of a request and failed to disclose the ongoing RICO investigation on its renewal applications for the licensing periods covering January 2019 to December 2020 and January 2021 to December 2022, in possible violation of HRS § 467-14(13).  Specifically, Respondent allegedly failed to adhere to HRS §§ 514B-154.5(a)(10), (12), and (14), and HRS § 514B-154.5(c).  (Commission approved Settlement Agreement.)

Respondent:     Hawaiiana Management Co., Ltd.
Case Number:   REC 2020-121-L
Sanction:          $500 fine
Effective Date: 7-23-21

RICO alleges that Respondent: failed to deliver documents that Respondent is required to provide under the applicable statutes within thirty days of a request; failed to provide written authorizations or written refusal with an explanation for other documents not required under applicable statutes within thirty days of a request; and failed to disclose the ongoing RICO investigation on its renewal applications for the licensing periods covering January 2019 to December 2020 and January 2021 to December 2022, in possible violation of HRS §§ 467-14(13) and 467-20.  Regarding HRS § 467-14(13), Respondent allegedly failed to adhere to HRS §§ 514B-154.5(a)(10), (12), and (14), and HRS § 514B-154.5(c).  (Commission approved Settlement Agreement.)

Respondent:     Jennifer A. Davis (Hawai’i)
Case Number:   REC 2021-59-L
Sanction:          $750 fine
Effective Date: 7-23-21

RICO alleges that on or about December 3, 2019, in the District Court of the Third Circuit, Respondent entered a “No Contest” plea to Driving Under the Influence.  RICO alleges that Respondent did not provide written notice to the Commission within thirty days of the conviction.  Respondent, however, reported the conviction in her renewal application for her real estate salesperson’s license dated December 14, 2020, in possible violation of HRS §§ 436B-16(a), 436B-19(12), 436B-19(14) and 436B-19(17).  (Commission approved Settlement Agreement.)

Respondents:  Melissa N. Kalauli and Melissa Kalauli Realty, LLC (Hawai’i)
Case Number:   REC 2019-683-L
Sanction:          $1,500 fine
Effective Date: 7-23-21

RICO alleges that Respondents aided and abetted an unlicensed contractor to perform activities requiring a license.  RICO alleges that Respondents contracted with an unlicensed contractor to perform home repairs and improvement for rental properties which Respondents were managing as the property managers, in possible violation of HRS § 436B-19(6).  (Commission approved Settlement Agreement.)

 

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

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