DCCA NEWS RELEASE: DCCA Disciplinary Actions through July 2016

Posted on Aug 12, 2016 in Latest News

DCCA DISCIPLINARY ACTIONS

(Through July 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 July 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 PUBLIC ACCOUNTANCY

Respondent:        Brian W. Smith

Case Number:      ACC 2016-4-L

Sanction:              $1,000 fine                                                                                                

Effective Date:     7-1-16

Respondent allegedly violated HRS §§ 466-9(b)(2) and 436B-19(15) by being disciplined in Alabama and failing to report the disciplinary action within thirty days after the disciplinary decision was issued.  The Alabama Order was based on allegations that Respondent failed to attend a hearing to show cause why Respondent had failed to respond in writing to a request from the Alabama Board for information relating to Respondent’s alleged failure to register as a public accountant for the 2012-2013 licensing period. (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent:        Manhart I. Alo

Case Number:      RNS 2015-64-L

Sanction:              Voluntary surrender of license, $750 fine                                                 

Effective Date:     7-7-16

Respondent allegedly violated HRS §§ 457-12(a)(3), 457-12(a)(6), HAR §§ 16-89-59, 16-89-60(6)(A), 16-89-60(6)(B), 16-89-60(6)(C) and 16-89-60(6)(D) by engaging in unprofessional conduct.  Respondent allegedly failed to administer the standard of care necessary for a patient who ended up in the emergency room with a decubitus ulcer on his heel.  Respondent was the respite operator of the Developmentally Disabled Foster Home (“DDFH”) for the patient while his primary caregiver/operator of the DDFH, where he had resided since he was in his teens, was on vacation for a week.  The patient was a 38 year old male with cerebral palsy, who was mentally challenged, blind and unable to speak or walk.  (Board approved Settlement Agreement.)

Respondent:        Kelley M. Romero, fka Kelley M. Gonzales, L.P.N.

Case Number:      RNS 2016-39-L

Sanction:              Voluntary surrender of license                                                                  

Effective Date:     7-7-16

Respondent admittedly violated HRS § 436B-19(13) by being disciplined in Louisiana.  The Louisiana action alleged that Respondent failed to disclose a 1991 arrest and completion of a pretrial diversion program.  (Board approved Settlement Agreement.)

Respondent:        Dianne G. Cessna, R.N.

Case Number:      RNS 2015-85-L

Sanction:              Licensee on probation for 3 months, comply with terms of Alaska & Michigan Orders, $750 fine                                                              

Effective Date:     7-7-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Alaska and Michigan and failing to report the disciplinary actions within thirty days after the disciplinary decisions were issued.  The Alaska Consent Agreement was based on a driving related conviction in Ohio.  The Michigan Order was based on the Ohio conviction.  (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents:      Construction One, Inc. dba Construction One of Ohio, formerly doing business as Construction One of Ohio, dba Construction One, Inc. and Robert C. Moberger

Case Number:      CLB 2015-201-L and CLB 2015-202-L

Sanction:              $25,000 administrative fine                                                                       

Effective Date:     7-22-16

Respondents are allegedly using a tradename not registered with the Board in violation of HAR § 16-77-8(a) and allegedly did not have a RME (Moberger) in residence in the State of Hawaii while Respondent Construction One was performing work at several project sites in the State of Hawaii in violation of HAR 16-77-71(a)(4).  Pursuant to HAR § 16-77-71(a)(5), Moberger, as the RME, is responsible for the acts or omissions of Respondent Construction One.  (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent:        Francis E. Chandler, III

Case Number:      REC 2013-96-L

Sanction:              License revoked                                                                                       

Effective Date:     7-29-16

The Commission found that Respondent violated HRS § 436B-19(2) by making untruthful or improbable statements, HRS § 467-14(8) by engaging in conduct constituting fraudulent and dishonest dealings and 467-14(20) by failing to maintain a reputation for or record of competency, honesty, truthfulness, financial integrity and fair dealing.  Respondent pleaded guilty and was convicted of (1) making and presenting a claim upon and against the United States Treasury Department, the Internal Revenue Service, for a tax refund of $3,969,012.00 knowing at the time he made the claim that it was false, fictitious, and fraudulent and (2) filed, attempted to file and caused to be filed in the public records of the State of Hawaii, Bureau of Conveyances a false UCC Financing Statement against the property of four employees of the United States on account of their performance of official duties in prosecuting or presiding over Criminal Case No. 10-00124DAE against Respondent in the United States District Court, District of Hawaii.  (Commission’s Final Order after contested case hearing.)

Respondent:        Denise Nakanishi-Andre (Maui)

Case Number:      REC 2015-149-L

Sanction:              $500 fine                                                                                                   

Effective Date:     7-29-16

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 2015, Respondent was allegedly convicted of the crime of operating a vehicle under the influence of an intoxicant. (Commission approved Settlement Agreement.)

Respondent:        Naoko Okada

Case Number:      REC 2015-134-L

Sanction:              $500 fine                                                                                                   

Effective Date:     7-29-16

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 2015, Respondent was allegedly convicted of the crime of operating a vehicle under the influence of an intoxicant. (Commission approved Settlement Agreement.)

Respondent:        Jenara Lewis, fka Jenara Stadler (Hawaii Island)

Case Number:      REC 2015-5-L

Sanction:              $500 fine                                                                                                   

Effective Date:     7-29-16

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:        Sean Ross Barnes

Case Number:      REC 2014-461-L

Sanction:              $500 fine                                                                                                   

Effective Date:     7-29-16

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:        Jefferson B. Gerard (Maui)

Case Number:      REC 2014-245-L

Sanction:              $500 fine                                                                                                   

Effective Date:     7-29-16

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:        Jill M. Federizo

Case Number:      REC 2014-148-L

Sanction:              $500 fine                                                                                                   

Effective Date:     7-29-16

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:        J. Rex Pippin, aka James Rex Pippin (Hawaii Island)

Case Number:      REC 2015-208-L

Sanction:              $1,000 fine                                                                                                

Effective Date:     7-29-16

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), 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), 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) and filed a statement or other document that is false or untrue or contains a material misstatement of fact in violation of HRS § 467-20. In 2014, Respondent was allegedly convicted of the crime of operating a vehicle under the influence of an intoxicant and did not disclose the conviction when answering a licensing application question that asked about criminal convictions. (Commission approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:        Orsini Pharmaceutical Services, Inc.

Case Number:      PHA 2016-26-L

Sanction:              $2,500 fine                                                                                                

Effective Date:     7-21-16

Respondent allegedly violated HRS §§ 436B-19(13) and 436B-19(15) by being disciplined in Texas, Illinois and Alabama and failing to report the disciplinary actions within 30 days of the issuance of the order.  The Texas Order was based on allegations that Respondent failed to timely disclose a disciplinary action taken by Illinois.  The Illinois Order was based on allegations that Respondent dispensed an expired IV product and other violations.  The Alabama Order was based on the Illinois and Texas orders. (Board approved Settlement Agreement.)

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

 

Media Contact:

William Nhieu

Communications Officer

Department of Commerce and Consumer Affairs

Email: Wnhieu@dcca.hawaii.gov

Office: (808) 586-7582

Cell: (808) 389-2788