Hearings Office

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

DAVID Y. IGE
GOVERNOR

CATHERINE P. AWAKUNI COLÓN
DIRECTOR

FOR IMMEDIATE RELEASE
October 14, 2016

DCCA DISCIPLINARY ACTIONS

(Through September 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 September 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.

 

BOARD OF SPEECH PATHOLOGY AND AUDIOLOGY

Respondent:        Susan M. Derosa (Hawaii Island)

Case Number:      SPE 2016-1-L

Sanction:              License on probation for 5 years, pay $150 in administrative costs, agrees to report in writing any disciplinary actions and orders to the Hawaii Board within 15 days of issuance of any formal decision or order, submit proof of compliance with Missouri probation to Hawaii Board                                                                                                        

Effective Date:     9-2-16

Respondent admits that she violated HRS § 436B-19(13) by being disciplined in Colorado, Texas and Missouri.  The Colorado Letter of Admonition was based on Respondent’s admission that she knowingly billed for services not rendered.  The Texas Order was based on allegations relating to billing.  The Missouri Order was based on allegations that Respondent knowingly billed for services she did not render. (Board approved Settlement Agreement.)

 

HAWAII MEDICAL BOARD

Respondent:        Stanley C. Newhall, M.D.

Case Number:      MED 2014-176-L

Sanction:              License revoked, $500 fine                                                                       

Effective Date:     9-8-16

The Board found that Respondent violated HRS §§ 453-8(a)(14) and 453-8(a)(11) by being disciplined in Utah, Idaho, Alabama, Montana, Florida, Michigan and Connecticut and failing to report the disciplinary actions within thirty days after the disciplinary decisions were issued.  The Utah Order was based on allegations that Respondent engaged in inappropriate relationships with three patients by failing to establish bona fide doctor patient relationships before prescribing Hydrocodone, Adderal, Alprazolam and Lorazepam to those patients between June 2012 and April 2013.  The Idaho, Alabama, Montana, Florida, Michigan and Connecticut Orders were based on the Utah Order. (Board’s Final Order after contested case hearing.)

 

BOARD OF NURSING

Respondent:        Nanette H. Guira

Case Number:      RNS 2015-18-L

Sanction:              Voluntary 3 year license suspension, license on probation for 3 years following the suspension, $1,000 fine  

Effective Date:     9-1-16

Respondent allegedly violated HRS §§ 457-12(a)(9) and 457-12(a)(6) by engaging in unprofessional conduct and by being convicted of a penal offense substantially related to the qualifications, functions and duties of a nurse.  Respondent also allegedly violated HAR §§ 16-89-59 and 16-89-60(6)(B) by allegedly administering medication in a careless manner, failing to follow policies and procedures in the practice setting designed to safeguard the patient and by allegedly engaging in unprofessional conduct by performing unsafe or unacceptable patient care or failing to conform to professional standards required of a nurse which poses a danger to the welfare of the patient.  Respondent allegedly failed, pursuant to Maluhia Long Term Care policy and procedure concerning discontinued medication, to take the pills to the nurse’s office for destruction after the physicians discontinued the medications.  On May 6, 2014, Respondent allegedly recorded that she removed Oxycodone and administered it to a resident without conducting an assessment of the patient, recorded that she had removed it from the inventory, which was false, and failed to notify her supervisor when the Oxycodone discrepancy was discovered.  In 2007, Respondent was convicted of theft for removing Vicodin and Ambien from the Omnicell electronic drug dispenser at Queen’s Hospital.  (Board approved Settlement Agreement.)

 

MIXED MARTIAL ARTS PROGRAM

Respondent:        Torch Light Productions, LLC (Kauai)

Case Number:      ULT 2013-7-L

Sanction:              $1,000 fine                                                                                                

Effective Date:     9-20-16

The Director found that Respondent violated HRS §§ 440E-7(e) and 440E-11 by failing to provide the Director with: (1) an unedited record of a mixed martial arts event held on March 16, 2013 within seven calendar days and (2) a verified report showing the number of tickets sold for the contest, the amount of gross receipts or proceeds and other matters required by rules within three business days after the conclusion of the event.  Respondent provided the unedited video and written report on November 1, 2013.  (Director’s Final Order after contested case hearing.)

 

MORTGAGE BROKERS AND SOLICITORS PROGRAM

Respondent:        Atlantica K.V. Tanuvasa

Case Number:      MBS 2010-18-L

Sanction:              License revoked, $25,000 fine                                                                  

Effective Date:     9-20-16

In August 2010 an Indictment was filed against Respondent and others in the United States District Court for the District of Hawaii based on conduct Respondent allegedly engaged in as a loan officer with Easy Mortgage Corporation and Unlimited Wealth Transfer Mortgage.  Respondent entered into a Plea Agreement in which Respondent agreed to enter a voluntary plea of guilty to three counts of the Indictment.  Respondent entered the guilty pleas because she was in fact guilty of conspiring to commit wire fraud and making false statements on loan applications in furtherance of a scheme to defraud financial lending institutions.  The Director found that Respondent violated HRS §§ 454-4(a)(1), 454-4(a)(2), 454-4(b), 436B-19(2), 436B-19(7), 436B-19(8), 436B-19(12) and 436B-19(14).  The Director also found that Respondent violated HRS § 436B-19(5) by failing to disclose on her application for licensure that she had outstanding tax liens.  (Director’s Final Order after contested case hearing.)

 

REAL ESTATE COMMISSION

Respondent:        Timothy J. Rizzo-Murray

Case Number:      REC 2015-32-L

Sanction:              $500 fine                                                                                                   

Effective Date:     9-30-16

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. (Commission approved Settlement Agreement.)

 

Respondent:        Michael P. Ireland (Hawaii Island)

Case Number:      REC 2013-130-L

Sanction:              $1,500 fine                                                                                                

Effective Date:     9-30-16

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 2011, Respondent was allegedly convicted of the crime of operating a vehicle under the influence of an intoxicant. (Commission approved Settlement Agreement.)

 

Respondent:        Michael H. Ferreira

Case Number:      REC 2010-283-L

Sanction:              $1,000 fine                                                                                                

Effective Date:     9-30-16

Respondent allegedly made an untruthful statement in violation of HRS § 436B-19(2), procured a license through fraud, misrepresentation, or deceit in violation of HRS § 436B-19(5), failed to report in writing any disciplinary decision within thirty days of the disciplinary decision in violation of HRS § 436B-19(15) and violated HRS § 467-20 by filing a document that is false, untrue or contains any material misstatement of fact.  Respondent failed to disclose misdemeanor convictions in California and disciplinary action taken against his California license on his application for licensure. (Commission approved Settlement Agreement.)

 

Respondent:        Atlantica K.V. Tanuvasa

Case Number:      REC 2010-237-L

Sanction:              License revoked, $25,000 fine, pay $846.45 in costs                               

Effective Date:     9-30-16

In August 2010 an Indictment was filed against Respondent and others in the United States District Court for the District of Hawaii based on conduct Respondent allegedly engaged in as a loan officer with Easy Mortgage Corporation and Unlimited Wealth Transfer Mortgage.  Respondent entered into a Plea Agreement in which Respondent agreed to enter a voluntary plea of guilty to three counts of the Indictment.  Respondent entered the guilty pleas because she was in fact guilty of conspiring to commit wire fraud and making false statements on loan applications in furtherance of a scheme to defraud financial lending institutions.  The Commission found that Respondent violated HRS §§ 467-14(1), 467-14(2), 467-14(8), 467-14(13), 467-14(16), 467-14(20), 436B-19(2), 436B-19(7), 436B-19(8), 436B-19(12) and 436B-19(14), 436B-19(17) and HAR §§ 16-99-3(b), 16-99-3(c), 16-99-3(v).  The Commission also found that Respondent violated HRS § 436B-19(5) by failing to disclose on her application for licensure that she had outstanding tax liens.  (Commission’s Final Order after contested case hearing.)

 

Respondent:        Roxanne S. Reyes

Case Number:      REC 2008-72-L

Sanction:              License revoked, $50,000 fine, pay $752.40 in costs                               

Effective Date:     9-30-16

The Commission found that Respondent violated HRS §§ 467-1, 467-14(6), 467-14(8), 467-14(13), 467-14(20), 436B-19(6), 436B-19(7), 436B-19(8), 436B-19(16), and HAR §§ 16-99-3(b), 16-99-4(a), 16-99-4(d), 16-99-4(g), and 16-99-4(i).  Respondent, a real estate salesperson, managed rental properties through a company that was not licensed to engage in real estate activity in Hawaii. (Commission’s Final Order after contested case hearing.)

 

BOARD OF PRIVATE DETECTIVES AND GUARDS

Respondent:        District Parking Service, Inc., dba District Protective Service and Glenn C. Brasher

Case Number:      PDG 2015-24-L

Sanction:              $200 fine                                                                                                   

Effective Date:     9-15-16

Respondents allegedly failed to timely submit the required semiannual lists of employees for the January to June 2014 and July 2014 to December 2014 reporting periods in violation of HRS § 436B-19(17) and HAR § 16-97-15. (Board approved Settlement Agreement.)

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

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