Hearings Office

 DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

OFFICE OF ADMINISTRATIVE HEARINGS

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE
December 28, 2021

DCCA DISCIPLINARY ACTIONS
(Through November 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 November 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 CHIROPRACTIC EXAMINERS

Respondent:     Dale K. Yamauchi, D.C.
Case Number:   CHI 2020-6-L
Sanction:          License Probation for 1 Year, $2,000 fine, Complete Continuing Education
Effective Date: 11-3-21

RICO alleges that Respondent committed professional misconduct, in potential violation of HRS §§ 442-9(a)(12), 436B-19(7) and 436B-19(9).  (Board approved Settlement Agreement.)

BOARD OF MASSAGE THERAPY

Respondent:     Timothy A. Hogan  (Maui)
Case Number:   MAS 2021-56-L
Sanction:          $250 fine
Effective Date: 11-18-21

RICO alleges that Respondent committed professional misconduct, in potential violation of HRS § 452-24(a)(5).  (Board approved Settlement Agreement.)

BOARD OF VETERINARY MEDICINE

Respondent:     Emma M.B. Kaiser, D.V.M.
Case Number:   VET 2021-15-L
Sanction:          Complete Continuing Competence Units and $250 fine
Effective Date: 11-12-21

RICO alleges that Respondent only satisfied 5.5 CE credit hours of the 20 CE credit hours that were to be completed during the July 1, 2018 – June 30, 2020 biennial licensing period, in possible violation of HRS §§ 471-9(c)(2) and 471-10(b)(2).  (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent:     Ashley M. Alt, R.N.
Case Number:   RNS 2021-333-L
Sanction:          $1,000 fine
Effective Date: 11-4-21

RICO alleges that Respondent failed to provide documentation of the Arizona Order or Ohio Agreement to the Board and failed to provide documentation of her December 22, 2014 conviction of Underage OVI in her Hawaii Application, in possible violation of HRS §§ 457-12(a)(8), 457-12(a)(10), 436B-19(5) and 457-12(a)(1).  (Board approved Settlement Agreement.)

Respondent:     Kimberly S. Washington, R.N.
Case Number:   RNS 2021-322-L
Sanction:          $500 fine and Complete Continuing Education
Effective Date: 11-4-21

RICO received information about Respondent’s care of patient G.G. on or about April 24, 2021, in which Respondent allegedly advised patient G.G. to take an extra dose of pain medication without checking his electronic Medication Administration Record and without properly ascertaining the time of his prior doses that day, in potential violation of HAR § 16-89-125(a)(5)(B).  (Board approved Settlement Agreement.)

Respondent:     Michelle Shawn Segura Sanchez
Case Number:   RNS 2021-321-L
Sanction:          Comply with the California Order and Missouri Order and $1,000 fine
Effective Date: 11-4-21

RICO alleges that Respondent was disciplined by the states of California, Washington and Missouri and failed to report the disciplinary actions to the Board within 30 days, in potential violation of HRS §§ 457-12(a)(8) and 457-12(a)(10).  (Board approved Settlement Agreement.)

Respondent:     Wendell R. Santiago, L.P.N.
Case Number:   RNS 2015-58-L
Sanction:          Voluntary Revocation of License
Effective Date: 11-4-21

On or about August 4, 2021, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statutes: HRS §§ 457-12(a)(2), 457-12(a)(3) and 457-12(a).  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents:  M & R Roofing and Raingutters, LLC, and Roger B. Borce
Case Number:   CLB 2021-256-L
Sanction:          $500 fine
Effective Date: 11-19-21

RICO alleges that Respondents did not report a Notice of Violation, issued by the Department of Labor, to the Board within 30 days, in possible violation of HRS §§ 436B-16 and 444-17(6). (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:     Chester Q. New
Case Number:   REC 2021-108-L
Sanction:          $3,000 fine
Effective Date: 11-19-21

RICO alleges that from approximately October 24, 2019 through September 23, 2020, Respondent undertook management of the Subject Property and accepted security deposits and rent payments on behalf of the owner of the Subject Property without the knowledge and consent of his principal broker and accepted compensation for property management services directly from the owner of the Subject Property, in possible violation of HRS §§ 467-7, 467-14(5), 467-14(6), 467-14(13) and 436B-19(7) and HAR § 16-99-3(h).  (Commission approved Settlement Agreement.)

Respondent:     Joe-Ann K. Lindsey-Rapoza
Case Number:   REC 2021-15-L
Sanction:          $1,000 fine
Effective Date: 11-19-21

RICO alleges that on or about March 1, 2018, Respondent was convicted of Operating a Vehicle Under the Influence of an Intoxicant.  Despite the conviction, on Respondent’s initial application for real estate salesperson’s license, which was dated on or about January 1, 2020, Respondent answered “no” to question number 2 which asked, “During the past 20 years have you ever been convicted of a crime where there has not been an order annulling or expunging the conviction?”, in possible violation of HRS § 436B-19(2), 436B-19(5), 436B-19(17) and 467-20.  (Commission approved Settlement Agreement.)

Respondent:     Sherry A. Bates
Case Number:   REC 2020-439-L
Sanction:          $2,500 fine
Effective Date: 11-19-21

RICO alleges that on or about October 1, 2020, Respondent wrote to the tenant of a property under Respondent’s management, and informed the tenant that the tenant’s lease was “null and void,” when in fact the lease was legal an enforceable, and there was time remaining on the lease, in possible violation of HRS § 467-14(1).  (Commission approved Settlement Agreement.)

Respondent:     Terry E. Booker
Case Number:   REC 2020-439-L
Sanction:          $1,500 fine
Effective Date: 11-19-21

RICO alleges that on or about October 1, 2020, a real estate salesperson under Respondent’s supervision wrote to the tenant of a property under the salesperson’s management, and informed the tenant that the tenant’s lease was “null and void,” when in fact the lease was legal an enforceable, and there was time remaining on the lease, in possible violation of HRS § 467-1.6(a) and (b)(3).  (Commission approved Settlement Agreement.)

Respondent:     Diego O. Carrillo, aka Diego Oscar Carrillo
Case Number:   REC 2020-151-L
Sanction:          $1,500 fine
Effective Date: 11-19-21

RICO alleges that while Respondent’s license was on inactive status, Respondent engaged in and earned commissions from multiple real estate transactions, in possible violation of HRS § 467-7.  (Commission 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