DCCA DISCIPLINARY ACTIONS (Through May 2018)
Posted on Jun 13, 2018 in Latest Department NewsHONOLULU – 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 May 2018 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 MASSAGE THERAPY
Respondent: Serenity and Massage, LLC
Case Number: MAS 2013-52-U
Sanction: $500 fine
Effective Date: 5-2-18
Respondent allowed unlicensed massage activity in exchange for compensation to occur at its Ward location without a valid massage establishment license in violation of HRS §§ 452-3 and 487-13(a). (Board approved Settlement Agreement.)
BOARD OF NURSING
Respondent: Jason T. Mendeguarin
Case Number: RNS 2016-36-L
Sanction: $1,000 fine
Effective Date: 5-3-18
On or about June 16, 2004, Respondent was convicted of the crime of Operating a Vehicle Under the Influence of an Intoxicant. Despite the conviction, Respondent answered “No” to the question on his 2005 license application form that asked: “In the past twenty years, have you ever been convicted of a crime for which the conviction has not been annulled or expunged?”, in violation of HRS §§ 457-12(a)(1), 457-12(a)(6) and 457-12(a)(11). (Board approved Settlement Agreement.)
Respondent: Marsena M. Enos (Hawaii)
Case Number: RNS 2017-73-L
Sanction: $500 fine
Effective Date: 5-3-18
On or about November 12, 2015, Respondent was allegedly convicted of the crime of Operating a Vehicle Under the Influence of an Intoxicant. Despite the conviction, Respondent answered “no” to question number 3 on her April 26, 2017 renewal application that asked: “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 457-12(a)(1) and 457-12(a)(11). (Board approved Settlement Agreement.)
MEDICAL BOARD
Respondent: Nicanor F. Joaquin, M.D.
Case Number: MED 2018-56-L
Sanction: Voluntary surrender of license effective July 31, 2018, Chaperone must be present during any face-to-face interactions with patients including physical exams
Effective Date: 5-10-18
RICO received a complaint alleging that Respondent engaged in unprofessional conduct with respect to a patient while Respondent was engaged in the practice of medicine in 2017. (Board approved Settlement Agreement.)
BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND
LANDSCAPE ARCHITECTS
Respondent: Val A. Yanagihara
Case Number: ENG 2016-37-L
Sanction: $500 fine and complete continuing education courses
Effective Date: 5-10-18
Respondent did not enroll in or complete continuing education courses required by the Board’s Final Order dated August 12, 2016 in RICO Case No. ENG 2015-8-L within the 90-day period and has not requested additional time to enroll in and complete the courses, in violation of
HRS § 436B-19(17). (Board approved Settlement Agreement.)
BOARD OF PRIVATE DETECTIVES AND GUARDS
Respondent: Ranie A. Ilagan
Case Number: PDG 2016-55-L
Sanction: Voluntary surrender of registration and agreement not to seek reregistration or licensure
Effective Date: 5-10-18
On or about November 30, 2016, Respondent was convicted of one count of theft in the second degree, a class C felony, based on actions he took while working as a security guard at the Honolulu International Airport, in violation of HAR § 16-97-46(5). (Board approved Settlement Agreement.)
Respondent: Gay M. Gatchalian
Case Number: PDG 2016-56-L
Sanction: Voluntary surrender of registration and agreement not to seek reregistration or licensure
Effective Date: 5-10-18
On or about November 30, 2016, Respondent was convicted of one count of theft in the second degree, a class C felony, based on actions she took while working as a security guard at the Honolulu International Airport, in violation of HAR § 16-97-46(5). (Board approved Settlement Agreement.)
BOARD OF PHARMACY
Respondent: Queen’s Development Corp., dba Queen’s POB I Pharmacy
Case Number: PHA 2015-111-L
Sanction: $1,000 fine
Effective Date: 5-17-18
Respondent allegedly released a medical prescription to an individual, who was working for the patient’s brother and was picking up a prescription for the patient’s brother at the same time, without first obtaining prior authorization or instruction from the patient to release said prescription to that individual, in possible violation of HRS § 461-25(a)(5). (Board approved Settlement Agreement.)
Respondent: Daniel K. Loo (Hawaii)
Case Number: PHA 2015-6-L
Sanction: Voluntary surrender of license
Effective Date: 5-17-18
Between December 2013 to and including July 2014, while employed as a pharmacist at Pahoa Longs Drug Store, Respondent removed hydrocodone on multiple occasions without authorization for personal use and was subsequently convicted of the criminal offense of Possession of Hydrocodone with Intent to Distribute, in violation of HRS § 461-21(a)(5). (Board approved Settlement Agreement.)
MOTOR VEHICLE REPAIR INDUSTRY BOARD
Respondent: Walter C. Cacas, individually and dba Cacas Auto Truck Equipment Repair
Case Number: ARP 2013-55-L
Sanction: Voluntary surrender of license and $1,500 fine
Effective Date: 5-24-18
Respondent allegedly failed to provide a written estimate to a customer for transmission repair work prior to commencement of the job; failed to provide a customer with a detailed invoice listing the parts, supplies, and transmission work done; performed automatic transmission repair services on a customer’s vehicle without being certified in the area of automatic transmission; and failed to maintain his current address with the licensing authority, in possible violation of HRS §§ 437B-15(a), 437B-13, 436B-17, 437B-8(a), 437B-11(6) and 436B-19(17) and HAR § 16-87-22. (Board approved Settlement Agreement.)
CONTRACTORS LICENSING BOARD
Respondent: Matthew L. Zupancic
Case Number: CLB 2017-275-L
Sanction: Voluntary surrender of license
Effective Date: 5-25-18
Respondent allegedly failed to make required disclosures, failed to provide a written contract, failed to maintain a place of business, engaged in dishonest, fraudulent, deceitful acts, and professional misconduct, in possible violation of statutes and rules governing his conduct a licensee in the State of Hawaii. (Board approved Settlement Agreement.)
Respondents: Hawaiya Technologies, Inc., dba ARC Security Integration and Tri-Star Detention and Mun-Won Chang
Case Number: CLB 2018-82-L
Sanction: $10,000 fine
Effective Date: 5-25-18
Respondents allegedly permitted unlicensed employees to perform ”electrical work” without proper supervision by an appropriate HRS Chapter 448E licensee while Respondents were hired as subcontractors for the Halawa Correctional Facility renovation, in possible violation HRS § 444-9.5(b) and HAR § 16-77-71(a)(1). (Board approved Settlement Agreement.)
Respondent: CSL Construction L.L.C.
Case Number: CLB 2015-406-L and CLB 2016-8-L
Sanction: Voluntary revocation of license
Effective Date: 5-25-18
Respondent allegedly failed to complete a construction project and removed construction material purchased by the homeowner from the construction site; and allegedly received partial payment for a construction project and failed to do any work required by the contract or return the money, in possible violation of HRS §§ 444-17(3) and 444-17(11). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondent: Evan Cole Clarke (Hawaii)
Case Number: REC 2016-214-L
Sanction: $750 fine
Effective Date: 5-25-18
On or about February 23, 2010, Respondent was allegedly convicted of a petty misdemeanor for Failure to Appear but failed to disclose it when answering the license renewal question that asks for criminal convictions. On or about November 5, 2015, Respondent was allegedly convicted of Operating a Vehicle Under the Influence of an Intoxicant. The foregoing allegations if proven at an administrative hearing could constitute violations of HRS §§ 436B-19(2), 436B-19(5), 436B-19(14) and 436B-19(17). (Commission approved Settlement Agreement.)
Respondent: Jodi Kuraoka aka Charity J. Kuraoka
Case Number: REC 2018-6-L
Sanction: $2,000 fine
Effective Date: 5-25-18
From approximately April of 2017 through August of 2017, Respondent engaged in unlicensed real estate broker activities in exchange for compensation when she acted as a property manager for a neighbor’s property, in possible violation of HRS §§ 467-14(5) and 467-14(6). (Commission approved Settlement Agreement.)
BOARD OF BARBERING AND COSMETOLOGY
Respondent: Grethchen E. Trapp (Hawaii)
Case Number: BAR 2017-189-L
Sanction: $500 fine
Effective Date: 5-29-18
On or about December 30, 2015, Respondent allegedly indicated “no” to question number 3 on her renewal application “In the past 2 years have you been convicted of a crime which has not been annulled or expunged?” for her beauty operator’s license despite her Driving Under the Influence of Alcohol conviction on February 3, 2014 and Driving While License Suspended or Revoked conviction on November 19, 2015, in possible violation of HRS §§ 439-19(a)(1) and 439-19(a)(9). (Board approved Settlement Agreement.)
Respondent: Brennan K.H. Roque (Hawaii)
Case Number: BAR 2016-71-L
Sanction: $500 fine
Effective Date: 5-29-18
On or about January 8, 2014, Respondent was convicted of the criminal offense of Operating a Vehicle Under the Influence of an Intoxicant (“OVUII”) and on or about March 9, 2015, Respondent was convicted of the criminal offenses of OVUII, Driving Without a License and Inattention to Driving. Despite the convictions, Respondent answered “No” to the question on his December 23, 2015 renewal application that asked: “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in violation of HRS §§ 436B-19(2), 436B-19(5) and 438-14(a)(9). (Board approved Settlement Agreement.)
REAL ESTATE APPRAISER ADVISORY PROGRAM
Respondent: Robert G. Bloom, Jr., a certified general appraiser (Hawaii)
Case Number: REA 2017-4-L, 2017-5-L and 2017-6-L
Sanction: $2,000 fine and enroll in and successfully complete an education course or courses to be determined by the Program
Effective Date: 5-18-18
Respondent’s Alapai Appraisal work file was allegedly incomplete in that it did not contain data, information and documentation necessary to support the appraiser’s opinions and conclusions; Respondent’s Hilo Appraisal allegedly contained substantial errors or omissions that significantly affected the appraisal by failing to correct multiple income approach usage errors and/or failing to correct GRM errors in his final appraisal report; Respondent allegedly rendered appraisal services in a careless or negligent manner by making a series of errors that were either corrected or individually might not significantly affect the results of the appraisal but in the aggregate affected the credibility of the results; Respondent’s Kamuela property report allegedly did not provide enough information for the reader of the report as to the rights being appraised; and Respondent allegedly breached confidentiality by communication of aspects of an appraisal to a third party; in possible violation of HRS §§ 436B-19(10) and 466K-4(a) and HAR § 16-114-106(5). (Director approved Settlement Agreement.)
SOCIAL WORKER LICENSING PROGRAM
Respondent: Antoinette G. Brown
Case Numbers: RSW 2017-13-L
Sanction: Voluntary surrender of license
Effective Date: 5-2-18
Respondent allegedly failed to complete required continuing education credit hours during the 2013-2016 licensing period, in potential violation of HRS §§ 467E-11 and 467E-12(a)(1). (Director approved Settlement Agreement.)
Respondent: Chelsea Elizabeth D.L. Gaspar
Case Numbers: RSW 2017-15-L
Sanction: Voluntary surrender of license
Effective Date: 5-9-18
Respondent allegedly failed to complete required continuing education credit hours during the June 1, 2013 to June 30, 2016 licensing period, in potential violation of HRS § 467E-12(a)(1). (Director approved Settlement Agreement.)
Respondent: Stewart M.S. Choi
Case Numbers: RSW 2017-24-L
Sanction: Complete nine (9) credit hours of continuing education in the practice of social work and $150 fine
Effective Date: 5-15-18
Respondent failed to complete nine (9) required continuing education credit hours for the 2013 to 2016 renewal period, in violation of HRS §§ 467E-11 and 467E-12(a)(1). (Director approved Settlement Agreement.)
Copies of the decisions are available online at: https://cca.hawaii.gov/oah/oah_decisions/
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