Hearings Office

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
KA ʻOIHANA PILI KĀLEPA

 Office of Administrative Hearings

 JOSH GREEN, M.D.
GOVERNOR | KIAʻĀINA

NADINE Y. ANDO
DIRECTOR
KA LUNA | HOʻOKELE

 

FOR IMMEDIATE RELEASE
March 11, 2024

DCCA DISCIPLINARY ACTIONS
(Through February 2024)

HONOLULU – The State Department of Commerce and Consumer Affairs (DCCA) and its respective State Boards and Commissions released a summary of disciplinary actions through the month of February 2024, 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 to 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.

RESPIRATORY THERAPIST PROGRAM

Respondent:        Lisa Mavis Hernandez

Case Number:     RPT 2023-0001-L

Sanction:             Voluntary license surrender

Effective Date:     10-18-23

RICO alleges that the State of Maryland filed a disciplinary action against Respondent’s license in January 2021, that Respondent submitted an application in April 2022 answering “No” to the questions, “Has any license, recognition, authority, registration or national credentials ever been revoked, suspended, encumbered or otherwise subject to disciplinary action,” and “Are you presently being investigated or is any disciplinary action pending against your license, recognition, authority or registration in this State or any other jurisdiction,” that Respondent’s license was disciplined by the State of Maryland, and that Respondent failed to disclose the disciplinary action to the Program, in potential violation of HRS §§ 436B-19(2), 466D-11(a)(4) and 466D-11(a)(13). (Program approved Settlement Agreement.)

BOARD OF PUBLIC ACCOUNTANCY

Respondent:        KPMG LLP

Case Number:     ACC 2023-3-L

Sanction:             $10,000 fine

Effective Date:     2-2-24

RICO alleges that the U.S. Securities and Exchange Commission (SEC) issued a cease and desist order against Respondent in June 2019 based on allegations that former members of Respondent’s Audit Quality and Professional Practice Group improperly obtained and used confidential information and that certain personnel engaged in misconduct in connection with exams on internally administered training courses, that Respondent’s license was disciplined by the States of Texas, California, Pennsylvania, Washington, Florida, Idaho, Nebraska, and North Carolina based on the SEC Order, and that Respondent failed to timely disclose the SEC Order to the Board, in potential violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)

MEDICAL BOARD

Respondent:        Steven W. Powell

Case Number:     MED 2023-201-L

Sanction:             License revocation

Effective Date:     2-8-24

RICO alleges that Respondent was disciplined by the States of Louisiana, Alabama, West Virginia, and Virginia, and failed to timely report disciplinary actions to the Board, in potential violation of HRS §§ 453-8(a)(11) and 453-8(a)(14). (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondents:      Arrived LLC, dba Ahh! Aloha Kauai Vacation Services

                                and Kenneth M. Mucha, dba Ken M. Mucha

Case Number:     REC 2022-97-L

Sanction:             $5,000 fine

Effective Date:     2-23-24

RICO filed a petition for disciplinary action alleging that since becoming the principal broker in July 2021, Respondent Mucha remained in Oregon and failed to notify the Commission of Mucha’s absence and appoint a temporary principal broker, that Respondents failed to maintain a principal place of business in Hawai‘i, and that Respondents failed to maintain a client trust account with a bank in the state of Hawai‘i, in potential violation of HRS §§ 467-1.6(a), 467-11.6(b)(1), 467-12(a). 467-14(13). and 436B-19(17) and HAR §§ 16-99-2, 16-99-3(m), 16-99-3(n), 16-99-3(o), and 16-99-4(a). (Commission approved Settlement Agreement.)

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

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Media Contact:

William Nhieu

Communications Officer

Department of Commerce and Consumer Affairs

[email protected]

Office: 808-586-7582