David Y. Igé | DCCA press release: DCCA disciplinary action

HONOLULU – The State Department of Commerce and Consumer Affairs (DCCA) and State Boards and Commissions have released a summary of disciplinary action taken during July 2021 against licensed individuals and entities professionals in Hawaii. These disciplinary measures include provisions based either on the results of hearings of disputed cases or on settlement agreements submitted by the parties. The Respondents enter into settlement agreements as a compromise on claims and to save on the expense of holding an administrative hearing.

The DCCA and boards and commissions are responsible for ensuring that professional and professional licensees meet the standards prescribed by state law.

PHYSICAL THERAPY ADVICE

Respondent: Mark S. Thomas

File number: PTS 2020-3-L

Sanction: $ 100 fine and full continuing proficiency credits

Effective date: 7-13-21

RICO alleges that the Respondent has only completed 28 of the 30 continuing proficiency units required at the time the Respondent submitted his request for renewal to the Board, in possible violation of HRS §§ 461J-10.1 (a), 461J- 10.1 (c), 461J-10.12 (1), 461J-10.15 (d) and 461J-12 (a) (11). (Settlement agreement approved by Council.)

OFFICE OF ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPING ARCHITECTS

Respondent: Frank J. Lyon

File number: FR 2019-4-L

Sanction: Revocation of license and fine of $ 3,000

Effective date: 4-29-21

The Board adopted the decision recommended by the Hearing Officer and found that the Respondent had violated HRS subsections 436B-19 (8), 436B-19 (14) and 464-10. (Final order of the Board after the hearing of the contested matter.)

NURSING COUNCIL

Respondent: Lynda AC Hirakami, APRN

File number: RNS 2019-50-L

Sanction: Reprimand, $ 500 fine and full continuing education

Effective date: 7-1-21

RICO alleges that the Respondent titrated a patient’s thyroid drug from 90 milligrams to 80 milligrams, and from 45 milligrams to 22.5 milligrams without regular monitoring of the patient’s laboratory results, in possible violation of HAR § 16-89 -125 (a) (5) (B). (The board approved the settlement agreement.)

Respondent: Aniebiet I. Ekpri alias Aniebiet I. Udom alias Aniebiet I. Ekpri-Udom

File number: RNS 2021-238-L

Sanction: Voluntary surrender of license

Effective date: 7-1-21

RICO alleges that the Respondent was sanctioned by the State of Texas and failed to report the disciplinary action to the Board in a timely manner, in possible violation of HRS 457-12 (a) (8) and 457-12 ( a) (10). (The board approved the settlement agreement.)

ENTREPRENEURSHIP LICENSING BOARD

Respondents: Cy & Serena Construction, Inc. and Solomon Phillip, alias Cy Phillip

File number: BNC 2019-431-L

Sanction: $ 1,000 fine

Effective date: 7-23-21

RICO alleges that the Respondents aided and abetted unauthorized contractual activities, in possible violation of HRS § 444-9.3 and HAR §§ 16-77-71 and 16-77-75. (Settlement agreement approved by Council.)

Respondents: Pacific Elite Construction LLC and Emily WMW Cheung

File number: CLB 2020-411-L

Sanction: $ 2,500 fine

Effective date: 7-23-21

RICO alleges that the respondents entered into a construction contract with an owner, but failed to provide the owner with the required disclosures regarding the lien or surety rights, or the respondents’ right as contractors to resolve any default. construction alleged before the start of the dispute in accordance with HRS § 672E-11, or the date on which the works were to begin and the number of days for completion, in possible violation of HRS § 444-25.5 and HAR §§ 16-77 -79 and 16-77-80. (The board approved the settlement agreement.)

REAL ESTATE COMMISSION

Respondent: Mele Heresa

File number: REC 2020-121-L; REC 2020-298-L; REC 2020-359-L; REC 2020-384-L

Sanction: $ 4,500 fine

Effective date: 7-23-21

RICO alleges that the Respondent did not develop policies and procedures regarding requests for documents made under Section 514B of HRMS and did not disclose RICO’s ongoing investigation into its renewal requests for the periods license covering January 2019 to December 2020 and January 2021 to December 2022, to the extent possible violation of HRS §§ 467-14 (13), 467-1.6 and 467-20. With regard to HRS § 467-14 (13), the respondent allegedly failed to comply with HRS §§ 514B-154.5 (a) (9), (10), (12) and (14), and HRS 514B-154.5 (b) and C). (Settlement agreement approved by the Commission.)

Respondent: Hawaiiana Management Co., Ltd.

File number: REC 2020-384-L

Sanction: $ 4,500 fine

Effective date: 7-23-21

RICO alleges that the Respondent: failed to provide the documents that the Respondent is required to provide under applicable law within thirty days of a request; failed to provide written authorizations or a written refusal with an explanation for other documents not required under applicable laws within thirty days of a request; and did not disclose RICO’s ongoing investigation into its renewal applications for the license terms January 2019 to December 2020 and January 2021 to December 2022, in possible violation of HRS § 467-14 (13) . More specifically, the respondent would not have complied with articles HRS §§ 514B-154.5 (a) (10), (12) and (14), and HRS 514B-154.5 (c). (Settlement agreement approved by the Commission.)

Respondent: Hawaiiana Management Co., Ltd.

File number: REC 2020-359-L

Sanction: $ 3,000 fine

Effective date: 7-23-21

RICO alleges that the Respondent: failed to provide the documents that the Respondent is required to provide under applicable law within thirty days of a request; failed to provide written authorizations or a written refusal with an explanation for other documents not required under applicable laws within thirty days of a request; requested the complainant to pay for the minutes of the association’s meetings for the months of January 1, 2020 to June 30, 2020 as a prerequisite for the in-person review of the documents requested in violation of applicable laws; requested the Complainant to pay the administrative costs associated with providing the requested documents as a prerequisite for receiving the requested documents after failing to notify the Complainant at least ten days before incurring the costs in violation of applicable laws; and did not disclose RICO’s ongoing investigation into its renewal applications for the license terms January 2019 to December 2020 and January 2021 to December 2022, in possible violation of HRS § 467-14 (13) . More specifically, the Respondent would not have complied with §§ 514B-154.5 (a) (9), (10), (12) and (14) of HRS and §§ 514B-154.5 (b) and (c ) from HRS. (Settlement agreement approved by the Commission.)

Respondent: Hawaiiana Management Co., Ltd.

File number: REC 2020-298-L

Sanction: $ 2,000 fine

Effective date: 7-23-21

RICO alleges that the Respondent failed to provide the documents that the Respondent is required to provide under applicable law within thirty days of a request and failed to disclose RICO’s ongoing investigation into its requests for renewal for the license periods from January 2019 to December 2020 and from January 2021 to December 2022, in possible violation of HRS § 467-14 (13). More specifically, the Respondent would not have respected §§ 514B-154.5 (a) (10), (12) and (14) of HRS and HRS § 514B-154.5 (c). (Settlement agreement approved by the Commission.)

Respondent: Hawaiiana Management Co., Ltd.

File number: REC 2020-121-L

Sanction: $ 500 fine

Effective date: 7-23-21

RICO alleges that the Respondent: failed to provide the documents that the Respondent is required to provide under applicable law within thirty days of a request; failed to provide written authorizations or a written refusal with an explanation for other documents not required under applicable laws within thirty days of a request; and did not disclose RICO’s ongoing investigation into its renewal applications for the license terms January 2019 to December 2020 and January 2021 to December 2022, in possible violation of subsections 467-14 (13) and 467-20 from HRS. With regard to HRS § 467-14 (13), the respondent allegedly failed to comply with HRS §§ 514B-154.5 (a) (10), (12) and (14), and HRS § 514B-154.5 (c) . (Settlement agreement approved by the Commission.)

Respondent: Jennifer A. Davis (Hawaii)

File number: REC 2021-59-L

Sanction: $ 750 fine

Effective date: 7-23-21

RICO alleges that on or around December 3, 2019, in the Third Circuit District Court, the Respondent filed a “no contest” plea against the driving under the influence. RICO alleges that the Respondent failed to provide written notice to the Commission within 30 days of conviction. The Respondent, however, pointed out the conviction in her application to renew her real estate seller’s license dated December 14, 2020, in possible violation of HRS §§ 436B-16 (a), 436B-19 (12), 436B -19 (14) and 436B-19 (17). (Settlement agreement approved by the Commission.)

Respondents: Melissa N. Kalauli and Melissa Kalauli Realty, LLC (Hawai’i)

File number: REC 2019-683-L

Sanction: $ 1,500 fine

Effective date: 7-23-21

RICO alleges that the respondents aided and abetted an unlicensed contractor to perform activities requiring a license. RICO alleges that the Respondents contracted with an unlicensed contractor to perform repairs and home improvements for the rental properties that the Respondents managed as property managers, in possible violation of HRS § 436B-19 (6). (Settlement agreement approved by the Commission.)

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

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