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 13, 2016

DCCA DISCIPLINARY ACTIONS

(Through August 2016)

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 2016 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.

HAWAII MEDICAL BOARD

Respondent:        Steven A. Baldwin, M.D.

Case Number:      MED 2016-90-L

Sanction:              Pay $1,000 in administrative costs, arrange for Kentucky Board of Medicine to provide Hawaii Board proof of compliance in Case No. 1581                                                                                                          

Effective Date:     8-11-16

Respondent allegedly violated HRS §§ 453-8(a)(14) and 453-8(a)(11) by being disciplined in Kentucky and failing to report the disciplinary action within thirty days after the disciplinary decision was issued.  The Kentucky Order was based on Respondent’s failure to disclose a 1996 action by the Arizona Board of Medical Examiners on a new application for licensure. (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent:        Eddie Jo Batliner, R.N.

Case Number:      RNS 2015-37-L

Sanction:              Voluntary surrender of license                                                                  

Effective Date:     8-4-16

Respondent allegedly violated HRS §§ 457-12(a)(10) and 457-12(a)(6) by engaging in unprofessional conduct and failing to report disciplinary actions taken in Virginia and California within thirty days after the disciplinary decisions were issued.  The Virginia action was based on allegations that Respondent had attempted to insert an external jugular line while working in an emergency room setting which was outside the scope of practice in Virginia.  The California Order was based on the action taken in Virginia.  (Board approved Settlement Agreement.)

Respondent:        Francisco Mungia (Hawaii Island)

Case Number:      RNS 2015-26-L

Sanction:              $500 fine                                                                                                   

Effective Date:     8-4-16

Respondent allegedly violated HRS § 457-12(a)(11) by filing a false or untrue statement with the Board.  Respondent allegedly pleaded guilty to the crime of Conspiracy to commit an offense against the United States and did not disclose the conviction when answering a renewal application question that asked about criminal convictions.  (Board approved Settlement Agreement.)

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent:        Paul H. Durand

Case Number:      ENG 2012-21-L

Sanction:              $500 fine                                                                                                   

Effective Date:     8-11-16

The Board found that Respondent violated HRS § 436B-19(2) by failing to disclose disciplinary action taken in California on his renewal application and HRS §  436B-19(15) by being disciplined in California and failing to report the disciplinary action within thirty days after the disciplinary decision was issued.  (Board’s Final Order after contested case hearing.)

Respondent:        Val A. Yanagihara

Case Number:      ENG 2015-8-L

Sanction:              License suspended for one (1) year, $2,000 fine, attend and complete, at his own expense, continuing education course(s) approved by the Board                                                                                                        

Effective Date:     8-11-16

The Board found that Respondent, an architect, violated HRS §§ 436B-19(7), 436B-19(8) and HAR §§  16-115-10(4) and 16-115-10(5) by submitting a building permit application and plans to the Department of Planning and Permitting, City and County of Honolulu with a conformance statement signed by an engineer who, in fact, had passed away two years earlier.  Respondent admitted that he signed the engineer’s name on the conformance statement.  (Board’s Final Order after contested case hearing.)

CONTRACTORS LICENSE BOARD

Respondents:      Lahaina Carpet & Interiors, Inc. and Douglas J. Poseley (Maui)

Case Number:      CLB 2011-85-L

Sanction:              $2,500 fine                                                                                                

Effective Date:     8-18-16

Respondents allegedly failed to provide the required verbal and written homeowner disclosures to homeowners when they entered into a $14,213.45 contract to install flooring in violation of HRS §§ 444-25.5(a)(1), 444-25.5(a)(2), 444-25.5(b)(1), 444-25.5(b)(2) and HAR §§ 16-77-79(a)(4) and 16-77-80(a)(7).  Pursuant to HAR § 16-77-71(5), Poseley, as the RME, is responsible for the acts or omissions of Respondent Lahaina Carpet & Interiors.  (Board approved Settlement Agreement.)

Respondents:      SCV Pools Spas & Masonry, Inc. and Stephen J. Erenberg (Hawaii Island)

Case Number:      CLB 2013-36-L

Sanction:              $2,000 fine                                                                                                

Effective Date:     8-18-16

Respondent SCV’s written contract with a homeowner to install a pool and spa allegedly failed to provide the required homeowner disclosures in violation of HRS § 444-25.5 and HAR §§ 16-77-70, 16-77-79 and 16-77-80.   Pursuant to HAR § 16-77-71, Erenberg, as the RME, is responsible for the acts or omissions of Respondent SCV Pools Spas & Masonry, Inc.  (Board approved Settlement Agreement.)

Respondent:        Michael K. Evans, Jr. (Hawaii Island)

Case Number:      CLB 2015-303-L

Sanction:              $500 fine                                                                                                   

Effective Date:     8-18-16

Respondent allegedly violated HRS § 436B-19(5) by procuring a license through fraud, misrepresentation or deceit and HRS § 444-17(10) by misrepresenting a material fact when obtaining a license.  Respondent failed to disclose that he was convicted of the petty misdemeanor offense of Wilful Failure to Appear in Answer to Citation on August 27, 2009 and July 15, 2010, and two separate misdemeanor offenses of Criminal Contempt of Court on September 18, 2009 on his 2010 renewal application.  Respondent also failed to disclose that he was convicted of a petty misdemeanor offense of Wilful Failure to Appear in Answer to Citation on his 2012 renewal application, and failed to disclose that he was convicted of the petty misdemeanor offense of Operating a Vehicle Under the Influence of an Intoxicant and two separate misdemeanor offenses of Criminal Contempt of Court on his 2014 renewal application.  (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:        Eric K. Ogata

Case Number:      REC 2015-256-L

Sanction:              $1,000 fine                                                                                                

Effective Date:     8-26-16

Respondent allegedly failed to adhere to a law in a manner 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 a real estate licensee in violation of HRS § 436B-19(14). In 2010, Respondent was allegedly convicted of the crime of operating a vehicle under the influence of an intoxicant.  By not disclosing the conviction when answering licensing application questions asking about criminal convictions, Respondent allegedly violated HRS §§ 436B-19(2), 436B-19(5) and 467-20. (Commission approved Settlement Agreement.)

Respondent:        Terry L. Weaver (Maui)

Case Number:      REC 2015-96-L

Sanction:              $500 fine                                                                                                   

Effective Date:     8-26-16

Respondent allegedly failed to adhere to a law in a manner 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 a real estate licensee in violation of HRS § 436B-19(14). In 2015, Respondent was allegedly convicted of the crime of operating a vehicle under the influence of an intoxicant. (Commission approved Settlement Agreement.)

Respondent:        Toni A. Floerke

Case Number:      REC 2012-101-L

Sanction:              Voluntary revocation of license                                                                 

Effective Date:     8-26-16

In December 2014–February 2015, two Felony Informations were filed against Respondent in the Circuit Court of the First Circuit, State of Hawaii alleging numerous counts of theft in the first and second degree involving funds or property belonging to the Kekuilani Villas AOAO, Kulana Knolls AOAO and Aeloa Terrace AOAO.  Respondent served as Chief Executive Officer and principal broker of Certified Management, Inc., dba Certified Hawaii and in her capacity had access to client funds belonging to association of apartment or unit owners.  On October 27, 2015, a Judgment of Conviction and Probation Sentence were entered against Respondent.  Special Conditions of the Convictions included serving a 12 month prison sentence and making restitution to the three AOAO’s in a sum to be determined.  Respondent’s conduct allegedly constitutes violations of HRS §§ 436B-19(7), 436B-19(12), 436B-19(14), 467-14(7), 467-14(8), 467-14(16), 467-14(20) and HAR § 16-99-3(b). (Commission approved Settlement Agreement.)

Respondent:        Kai J. Robson (Hawaii Island)

Case Number:      REC 2015-162-L

Sanction:              $1,000 fine                                                                                                

Effective Date:     8-26-16

Respondent allegedly failed to adhere to a law in a manner 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 a real estate licensee in violation of HRS § 436B-19(14). In 2014, Respondent was allegedly convicted of the crime of operating a vehicle under the influence of an intoxicant.  By not disclosing the conviction when answering licensing application questions asking about criminal convictions, Respondent allegedly violated HRS §§ 436B-19(2), 436B-19(5) and 467-20. (Commission approved Settlement Agreement.)

Respondents:      Castle Resorts and Hotels, Inc. and Sandra-Lee Jane Rarick, aka Sandra-Lee Jane Pauline

Case Number:      REC 2015-145-L

Sanction:              Castle Resorts:  $2,000 fine

                              Rarick:  $2,000 fine                                                                                   

Effective Date:     8-26-16

Respondents admittedly violated HRS §§ 467-7 and 467-1.6(b)(7) by engaging in the practice of real estate while their respective licenses were forfeited.  Respondents’ licenses expired on December 31, 2014 and were restored on May 8, 2015.  (Commission approved Settlement Agreement.)

Respondent:        Meredith Stuart Murphy (Kauai)

Case Number:      REC 2009-217-L, REC 2009-218-L, REC 2009-224-L, REC 2009-225-L, REC 2009-227-L, REC 2009-232-L, REC 2009-248-L

Sanction:              Voluntary revocation of license                                                                 

Effective Date:     8-26-16

Respondent, as the principal broker of Solcrest Properties LLC (“Solcrest”)  from August 10, 2007 to May 28, 2009, allegedly violated HRS §§ 467-1.6(a), 467-1.6(b)(1), 467-1.6(b)(2), 467-1.6(b)(3), 467-14(7), 467-14(20), 436B-19(6), 436B-19(7), 436B-19(16), and HAR §§ 16-99-3(b), 16-99-4(a), 16-99-4(d), 16-99-4(i), 16-99-4(j).  During Respondent’s tenure as principal broker Frank and Teresa Klenner, the sole member managers of Solcrest had exclusive control, handling and managing deposits into and disbursements from the client trust account even though they were never licensed as real estate brokers or salespersons in Hawaii, in violation of the Real Estate and Professional and Vocational Licensing Act statutes cited above.   (Commission approved Settlement Agreement.)

BOARD OF MASSAGE THERAPY

Respondent:        Sherona K. Cobb-Adams (Hawaii Island)

Case Number:      MAS 2014-47-L

Sanction:              $1,000 fine                                                                                                

Effective Date:     8-10-16

Respondent allegedly procured a license through fraud, misrepresentation or deceit in violation of HRS § 452-24(a)(1) and made a false statement on a document required to be submitted or filed with the Board in violation of HRS § 452-24(a)(9).  On November 24, 2000, Respondent was allegedly convicted of criminal contempt of court.  On March 22, 2004, Respondent was allegedly convicted of the crime of operating a vehicle under the influence of an intoxicant (“OVUII”) but on her massage therapist’s Application for Exam & License dated April 20, 2006 answered “no” to the question which asked whether, in the past 20 years, she had been convicted of a crime which had not been annulled or expunged.  On April 14, 2014, a judgment was filed reflecting a OVUII conviction in 3 DTA-14-00108 but Respondent failed to disclose the conviction on her June 17, 2014 renewal application.  (Board approved Settlement Agreement.)

Respondent:        Kauai In Home Therapy, LLC (Kauai)

Case Number:      MAS 2015-61-L

Sanction:              $500 fine                                                                                                   

Effective Date:     8-10-16

Respondent allegedly had advertisements for massage therapists who did not have valid licenses under HRS Chapter 452, had advertisements which did not include Respondent’s applicable and current license number, failed to operate under the direct management of a massage therapist designated as the principal massage therapist, and failed to notify the Board within five days after the disassociation of its principal massage therapist in violation of HRS §§ 452-23(a), 452-23(b), 452-24(a)(6), HAR §§ 16-84-15(a) and 16-84-15(b).  (Board approved Settlement Agreement.)

BOARD OF BARBERING AND COSMETOLOGY

Respondent:        Kailua Happy Nails LLC

Case Number:      BAR 2016-27-L

Sanction:              $1,000 fine                                                                                                

Effective Date:     8-8-16

Respondent, a beauty shop, allegedly violated HRS §§ 439-17(d) and 439-19(a)(3) by permitting two unlicensed persons to perform activities which required a license.  (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:        Ardon Health, LLC

Case Number:      PHA 2016-36-L

Sanction:              $500 fine                                                                                                   

Effective Date:     8-25-16

Respondent allegedly violated HRS §§ 436B-19(13) by being disciplined in Oregon.  The Oregon Order was based on allegations related to an unlicensed pharmacy technician. (Board approved Settlement Agreement.)

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

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