DCCA NEWS RELEASE: DCCA disciplinary actions
Posted on Jan 24, 2017 in Latest Department NewsDCCA DISCIPLINARY ACTIONS
(Through December 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 December 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.
REAL ESTATE APPRAISER ADVISORY PROGRAM
Respondent: Dennis T. Nakahara
Case Number: REA 2015-1-L, REA 2015-2-L
Sanction: $2,500 fine
Effective Date: 12-1-16
The Director determined that the Respondent violated HRS §§ 436B-19(7), 466K-4(a), HAR §§ 16-114-94(c), 16-114-106(5), and 16-114-106(16) by failing to make his workfiles available to Kilauea Appraisal and the Kapaa Appraisal. (Director’s Final Order after contested case hearing.)
Respondent: Yvette K. Uekawa
Case Number: REA 2016-3-L
Sanction: $500 fine
Effective Date: 12-12-16
Respondent’s appraisal of real property in Kahuku, Hawaii, was allegedly substandard due to errors, omissions, and/or incomplete information and alleged absent, incorrect or substandard analysis in the subject, site, improvements and sales comparison approach sections as well as not accurately developing and communicating the cost approach and the estimate of the site value, in possible violation of HRS §§ 466K-4(a), 436B-19(7), 436B-19(17) and HAR §§ 16-114-106(4) and 16-114-106(5). (Director approved Settlement Agreement.)
Respondent: Yvette K. Uekawa (Kauai)
Case Number: REA 2016-4-L
Sanction: $1,000 fine and successful completion of education courses
Effective Date: 12-12-16
Respondent’s appraisal of real property in Kilauea, Hawaii, was allegedly substandard due to errors, omissions, and/or incomplete information and, alleged absent, incorrect or substandard analyses, not analyzing and verifying several comps with necessary sources to deem them credible to support a credible value conclusion, assignment and results, an absence of proper analysis of the subject’s sale, personal items, narrative addressing possible over-improvement, a highest and best use analysis, a proper scope of work, sufficient narrative addressing the sales selection process, and insufficient information in the workfile to support the appraisal’s opinions and conclusions, in possible violation of HRS §§ 466K-4(a), 436B-19(7), 436B-19(17) and HAR §§ 16-114-106(4) and 16-114-106(5). (Director approved Settlement Agreement.)
HAWAII MEDICAL BOARD
Respondent: Dennis I. Ayon, M.D.
Case Number: MED 2010-109-L
Sanction: Licensee placed on probation for 5 years and ordered to enter into Monitoring Agreement with Pu’ulu Lapa’au for 5 years, arrange for quarterly reports sent to the Board directly from Pu’ulu Lapa’au, continue to attend alcohol dependency support group meetings, and pay all costs of the Monitoring Agreement. Licensee shall also be subject to license revocation in the event of noncompliance with Board’s Final Order.
Effective Date: 12-8-16
The Board found that Respondent violated HRS §§ 453-8(a)(12) and 436B-19(17), when he was convicted in 2012 for Criminal Solicitation to Commit Assault in the Third Degree, a petty misdemeanor. The Conviction constituted a penal offense substantially related to the qualifications of a physician. (Board’s Final Order after contested case hearing.)
Respondent: Ara Keshishian, M.D.
Case Number: MED 2014-178-L
Sanction: License Revoked
Effective Date: 12-8-16
The Board found that Respondent engaged in professional misconduct and incompetence or multiple instances of negligence, in violation of HRS §§ 453-8(a)(7) and 453-(8)(a)(8). Respondent also violated HRS §§ 453-8(a)(11), 453-8(a)(14) and 436B-19(17) when he was the subject of disciplinary actions in California, Nevada, and Michigan, and failed to report those actions to the Board. (Board’s Final Order after contested case hearing.)
Respondent: Troy M. Denunzio, D.O.
Case Number: MED 2016-217-L
Sanction: Licensee placed on probation and required to comply with all terms of his agreement with the Department of the Army’s Substance Use Disorder Clinical Care program and to have the program provide the Board with information about the program and any changes
Effective Date: 12-8-16
In 2016, Respondent entered into an agreement with the Army’s substance abuse disorder clinical care program in which he agreed to undergo inpatient treatment for alcohol dependency and continue outpatient care upon the successful completion of the inpatient program. (Board approved Settlement Agreement.)
BOARD OF NURSING
Respondent: John E. Sulecki, R.N.
Case Number: RNS 2015-74-L
Sanction: License suspended 2 years, and Licensee ordered to pay a $1,000 fine, take and successfully complete courses in substance use disorder, professional boundaries, and ethics, submit a monitoring plan to the Board, and comply with Board-approved monitoring plan.
Effective Date: 12-1-16
The Board found that Respondent violated HAR §16-89-60(7)(C) by altering narcotics count sheets over several months, HAR §§ 16-89-60(7)(D) and 16-89-60(7)(E) by removing and using narcotics without proper authorization, HRS §§ 457-12(a)(6) by engaging in unprofessional conduct, and HRS § 436B-19(17) by violating the licensing rules. (Board’s Final Order after contested case hearing.)
Respondent: Liana Kealohilani Martinez, fka L.A. Liana Beckwith, aka Lee Ann Mathis, aka Lee Ann Chopra, aka Lee Ann Novick, aka Lee Robinson Novick, aka Liane Novich Beckwith, aka Liana Kealohilani Van Wye
Case Number: RNS 2009-20-L
Sanction: License suspended 2 years from April 4, 2014, and Licensee ordered to pay $1,000 fine, enroll in and successfully complete education course(s) determined by Board, and pay all costs incurred in complying with Board’s Final Order.
Effective Date: 12-1-16
The Board found that Respondent engaged in unprofessional conduct in violation of HRS § 457-12(a)(6) by wrongfully taking controlled medication from her employer’s premises as determined by the New York licensing authority. (Board’s Final Order after contested case hearing.)
Respondent: Louise M. Gullikson, aka Margret L. Gullikson, R.N.
Case Number: RN 2015-16-L
Sanction: License revoked and Respondent ordered to pay $1,000.00 fine
Effective Date: 12-1-16
The Board found that Respondent engaged in unprofessional conduct, had her nurse’s license suspended by the Colorado State Board of Nursing, failed to disclose the suspension to the Board, and provided false information in her renewal application in 2015, in violation of HRS §§ 457-12(a)(6), 457-12(a)(8), 457-12(a)(10), and 436B-19(5). (Board’s Final Order after contested case hearing.)
ACTIVITY DESK PROGRAM
Respondent: Maui Fun Company, Inc. dba Activity Savers Maui (Maui)
Case Number: ADP 2013-5-L+
Sanction: Activity Desk Registration revoked and Respondent ordered to pay restitution and $15,000 fine
Effective Date: 12-1-16
The Director found that Respondent violated HRS § 468M-9(b), and HAR §§ 16-117-25(c) and 16-117-48(2) when it failed to maintain a trust account and did not provide a bond or irrevocable letter of credit after it closed its trust account, HRS § 468M-9(a) and HAR § 16-117-25(a) when it closed its trust account before its receipt of monies from consumers for various activities, HRS § 468M-9(b)(1) and HAR § 16-117-25(c)(1) when 5 activity providers were not paid, HRS § 468M-9(d), HAR §§ 16-117-25(e) and 16-117-48(3) when Respondent closed its trust account without notification to DCCA, HAR §§ 16-117-14(b) and 16-117-48(4) when it filed Articles of Dissolution of the corporation and did not promptly notify the DCCA, and HRS § 436B-19(8) in failing to maintain a record of competency, trustworthiness, fair dealing and financial integrity. These violations also constituted a violation of HRS § 436B-19(17) and HAR § 16-117-48(7). (Director’s Final Order after contested case hearing.)
BOARD OF BARBERING AND COSMETOLOGY
Respondent: Soho Newyork LLC dba Soho Newyork Salon
Case Number: BAR 2016-124-L
Sanction: $1,000 fine
Effective Date: 12-12-16
Respondent allegedly permitted unlicensed persons to perform activities at its place of business which required a license in possible violation of HRS §§ 439-17(d) and 439-19(a)(3). (Board approved Settlement Agreement.)
Respondent: Dung T. Tran dba Aloha Nail Studio (Kauai)
Case Number: BAR 2016-116-L
Sanction: $250 fine
Effective Date: 12-12-16
Respondent allegedly continued to operate as a beauty shop although Respondent’s beauty shop license had expired, in possible violation of HRS § 436B-13(a). (Board approved Settlement Agreement.)
Respondent: The Fix LLC
Case Number: BAR 2016-123-L
Sanction: $500 fine
Effective Date: 12-12-16
Respondent allegedly continued to operate as a beauty shop although Respondent’s beauty shop license had expired and failed to display its beauty shop license in a conspicuous place, in possible violation of HRS §§ 436B-13(a), 439-2(a) and 439-19(a)(6). (Board approved Settlement Agreement.)
Respondent: Sylvester P. Nghiem, aka SY P. Nghiem, dba Elegant Nails
Case Number: BAR 2016-122-L
Sanction: $500 fine
Effective Date: 12-12-16
Respondent allegedly permitted an unlicensed individual to practice beauty culture on Respondent’s premises when that individual was not appropriately licensed and/or permitted to offer such service, in possible violation of HRS §§ 439-19(a)(3), 439-19(a)(4)and 439-17. (Board approved Settlement Agreement.)
BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS
AND LANDSCAPE ARCHITECTS
Respondent: Richard M. Avelar
Case Number: ENG 2016-19-L
Sanction: $1,000 fine
Effective Date: 12-8-16
Respondent was allegedly the subject of a disciplinary action in California and failed to report the action to the Board within 30 days in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
Respondents: Alan W. Lankford
Case Number: ENG 2016-29-L
Sanction: Voluntary Surrender of License
Effective Date: 12-8-16
Respondent was allegedly the subject of disciplinary actions in Missouri and Colorado and failed to report those actions to the Board within 30 days in possible violation of HRS §§436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
Respondents: Alan E. Money
Case Number: ENG 2016-7-L
Sanction: $2,000 fine and compliance with Arizona order
Effective Date: 12-8-16
Respondent Money was the subject of a Consent Agreement and Order of Discipline from the Arizona State Board of Technical Registration. The Arizona order was based on allegations that Respondent failed to apply the appropriate technical knowledge and skill on stamped engineering plans for a pool. As a result of the Arizona order, Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) when he failed to report the Arizona order to the Board within 30 days. (Board approved Settlement Agreement.)
Respondents: David W. Steward
Case Number: ENG 2016-30-L
Sanction: $500 fine
Effective Date: 12-8-16
Respondent Steward was the subject of disciplinary action in Nevada based on allegations that Respondent practiced after his license had expired. As a result of the Nevada disciplinary action, Respondent was allegedly in violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)
BOARD OF PUBLIC ACCOUNTANCY
Respondents: Anne A.H. Butac
Case Number: ACC 2016-12-L
Sanction: $500 fine
Effective Date: 12-16-16
Respondent allegedly failed to timely complete required continuing education credits as required by HAR § 16-71-2(a). (Board approved Settlement Agreement.)
Respondents: Urara Adachi
Case Number: ACC 2016-25-L
Sanction: $500 fine
Effective Date: 12-16-16
Respondent allegedly failed to complete required continuing education credits as required by HAR § 16-71-2(b). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondents: Gina Trinidad Carlos
Case Number: REC 2016-150-L
Sanction: $500 fine
Effective Date: 12-16-16
Respondent was fined by the DCCA Securities Commissioner for allegedly soliciting and selling investment products to consumers without first being a registered securities agent. Respondent’s alleged conduct may have constituted violations of HRS §§ 436B-19(8), 436B-19(12), 436B-19(17) and 467-14(8). (Commission approved Settlement Agreement.)
Respondents: Ashli P. Quevedo (Hawaii Island)
Case Number: REC 2015-215-L
Sanction: $500 fine
Effective Date: 12-16-16
Respondent was allegedly convicted of operating a vehicle while under the influence of an intoxicant. Respondent’s alleged conduct may have constituted violations of HRS §§ 436B-19(12), 436B-19(14), and 436B-19(17). (Commission approved Settlement Agreement.)
Respondents: Michael M. Okamoto
Case Number: REC 2016-58-L
Sanction: $500 fine
Effective Date: 12-16-16
Respondent was allegedly convicted in Colorado of 2 misdemeanors involving dishonesty and failed to disclose the conviction to the Commission in his application for a real estate license. Respondent’s alleged failure to disclose may have constituted violations of HRS §§ 436B-19(2), 436B-19(5), 436B-19(17) and 467-20. (Commission approved Settlement Agreement.)
Respondents: H I M USA Properties, LLC aka H.I.M. USA Properties, LLC
Case Number: REC 2009-349-L
Sanction: License revoked and Licensee ordered to pay costs
Effective Date: 12-16-16
The Commission determined that Respondent’s 2005 license application falsely indicated that no member of Respondent had ever been denied a license or had any pending lawsuits against them, in violation of HRS §§ 436B-19(1), (2), (5), (8) and 467-14(13) and 467-20. (Commission’s Final Order after contested case hearing.)
Copies of the decisions are available online at: cca.hawaii.gov/oah/oah_decisions/.
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