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 April 2022 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 NURSING
Respondent: Heather D. O’Handley, R.N.
Case Number: RNS 2021-1-L
Sanction: License revocation
Effective Date: 4-7-22
The Board adopted the Hearings Officer’s recommended decision and found and concluded that Respondent violated HRS §§ 457-12(a)(8), 457-12(a)(10) and 457-12(a)(11). (Board’s Final Order after contested case hearing.)
Respondent: William Keath Hopgood, L.P.N. (Hawai’i)
Case Number: RNS 2019-5-L
Sanction: $2,000 fine and complete continuing education
Effective Date: 4-7-22
RICO alleges that Respondent committed professional misconduct while employed as a licensed practical nurse at a care home, in potential violation of HRS § 457-12(a)(6) and HAR §§ 16-89-60(6)(C) and 16-89-60(7)(C). (Board approved Settlement Agreement.)
Respondent: Ernest J. D. Esplana
Case Number: RNS 2021-236-L
Sanction: $500 fine and fully comply with the terms of probation for both criminal court and the California Board of Registered Nursing
Effective Date: 4-7-22
RICO alleges that on or about October 1, 2020, a Decision and Order was issued against Respondent by the California Board of Registered Nursing alleging that Respondent engaged in unprofessional conduct as a result of being convicted of driving under the influence of alcohol, in potential violation of HRS § 457-12(a)(8). (Board approved Settlement Agreement.)
MOTOR VEHICLE REPAIR INDUSTRY BOARD
Respondents: Ferdinand C. Alcon, dba Bobo’s Auto Service (Maui)
Case Number: ARP 2021-79-L
Sanction: $500 fine
Effective Date: 4-8-22
RICO alleges that Respondent failed to provide Complainant with a written estimate for the cost of repair work and additionally did not obtain a written waiver of the estimate for repair work to be performed. RICO also alleges that the invoice provided by Respondent for the repair work did not properly list Respondent’s motor vehicle repair dealer license number, all in potential violated HRS §§ 437B-11(6) and 437-15(a) and HAR § 16-87-33(2). (Board approved Settlement Agreement.)
MOTOR VEHICLE INDUSTRY LICENSING BOARD
Respondents: Xavier A. Francisco aka Xavier A.K. Francisco and Auto City, LLC
Case Number: MVI 2019-5-L (Consolidated with MVI 2019-21-L and MVI 2019-43-L)
Sanction: License(s) revocation and $5,500 fine
Effective Date: 4-12-22
The Board adopted the Hearings Officer’s recommended decision and found and concluded that Respondents violated HRS §§ 437-12(a) and (b), 437-15, 437-28(a)(2), (4), (5), 437-28(a)(17)(F), and 436B-19(8), (11), (12) and (17). (Board’s Final Order after contested case hearing.)
Respondents: Xavier A. Francisco aka Xavier A.K. Francisco and Auto City, LLC
Case Number: MVI 2019-21-L (Consolidated with MVI 2019-5-L and MVI 2019-43-L)
Sanction: License(s) revocation and $6,000 fine
Effective Date: 4-12-22
The Board adopted the Hearings Officer’s recommended decision and found and concluded that Respondents violated HRS §§ 437-15, 437-27(3), 437-28(a)(2), 437-28(a)(4), 437-28(a)(5), 437-28(a)(15) and 436B-19(6), (8), (11), (12) (16) and (17). (Board’s Final Order after contested case hearing.)
Respondents: Xavier A. Francisco aka Xavier A.K. Francisco and Auto City, LLC
Case Number: MVI 2019-43-L (Consolidated with MVI 2019-5-L and MVI 2019-21-L)
Sanction: License(s) revocation and $5,500 fine
Effective Date: 4-12-22
The Board adopted the Hearings Officer’s recommended decision and found and concluded that Respondents violated HRS §§ 437-12(a), 437-15, 437-28(a)(2), (3), (4), (5), 437-28(a)(17)(F), and 436B-19(8), (11), (12) and (17). (Board’s Final Order after contested case hearing.)
Respondents: Wesley F. Tomlinson, individually and dba Island Auto Exchange
Case Number: MVI 2021-13-L, MVI 2021-31-L, MVI 2021-50-L, MVI 2021-55-L and
MVI 2021-63-L
Sanction: License(s) revocation and $2,500 fine
Effective Date: 4-12-22
The Board adopted the Hearings Officer’s recommended decision and found and concluded that Respondents violated HRS §§ 436B-19(8) and 437-12(b). (Board’s Final Order after contested case hearing.)
BOARD OF BARBERING AND COSMETOLOGY
Respondent: Maui Nailspa LLC, dba Maui Nail Bar (Maui)
Case Numbers: BAR 2016-184-L, BAR 2018-91-L and BAR 2019-87-L
Sanction: $2,000 fine
Effective Date: 4-26-22
RICO alleges that on or about September 28, 2016, Respondent failed to display license(s) in a conspicuous location at Respondent’s place of business and permitted unlicensed person Hiep Ba Vu to perform activities in Respondent’s place of business that require a license. RICO also alleges that on or about October 12, 2016, Minh Ngoc Ung, an apprentice at Respondent’s place of business, was not wearing a name tag. RICO also alleges that on or about April 11, 2018, Respondent failed to display license(s) in a conspicuous location at Respondent’s place of business and permitted unlicensed person Odontsetseg Myagmarsuren to perform activities in Respondent’s place of business that require a license. RICO also alleges that on or about March 22, 2019, Respondent failed to display license(s) in a conspicuous location at Respondent’s place of business and Kim Vu Trung and Thi Kim Thu Nguyen, two (2) apprentices, were not wearing name tags, all in potential violation of HRS §§ 439-19(a)(3), 439-19(a)(6) and 439-19(a)(4) and HAR § 16-78-44. (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondent: Association Management Hawaii, LLC
Case Number: REC 2021-155-L
Sanction: $500 fine
Effective Date: 4-22-22
RICO alleges that Respondent failed to deliver documents that Respondent is required to provide under the applicable statutes within thirty days of Complainant’s December 1, 2020 request. RICO also alleges that Respondent failed to provide a written refusal with an explanation for documents that do not exist or that Respondent is not required under HRS Chapter 514B to provide, all in potential violation of HRS §§ 467-14(13), 514B-154.5(a)(10), (12) and (14) and 514B-154.5(c). (Board approved Settlement Agreement.)
Respondent: Ioane K.K. Iokia aka Ioane “Koa” Iokia
Case Number: REC 2021-68-L
Sanction: $1,500 fine
Effective Date: 4-22-22
RICO alleges that Respondent’s real estate salesperson’s license was placed on delinquent status from January 1, 2021 through March 15, 2021 during which time Respondent listed homes as a real estate salesperson and earned commission from a real estate transaction, in potential violation of HRS § 467-7. (Board approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondents: All Aces Roofing, Renovation & Rain Gutters, Inc. and Alexander M. Agustin
Case Number: CLB 2020-344-L
Sanction: $3,000 fine
Effective Date: 4-22-22
RICO alleges that Respondents did not complete a renovation project, did not provide the homeowner with a written contract and did not provide homeowner with written or verbal bond and lien disclosures. RICO also alleges that Respondent All Aces advertised for services they are not licensed for (flooring, painting and drywall) and their website did not display the company’s contractor’s license number, all in potential violation of HRS §§ 444-25.5(b), 444-25.5(b)(1) and 444-9.2(b) and HAR §§ 16-77-80(a)(3), 16-77-80(a)(7), 16-77-71(a)(2), 16-77-83, 16-77-33(c) and 16-77-80(a). (Board approved Settlement Agreement.)
Respondents: Revolusun, LLC, Joshua Powell and Hans Harder
Case Number: CLB 2021-368-L
Sanction: $2,500 fine
Effective Date: 4-22-22
RICO alleges that Respondents had more unlicensed electricians on projects than licensed electricians, in potential violation of HRS § 444-9.5 and HAR § 16-77-71. (Board approved Settlement Agreement.)
HAWAII MEDICAL BOARD
Respondent: Herbert T. Lim
Case Number: MED 2021-38-L
Sanction: $1,000 fine
Effective Date: 4-14-22
RICO alleges that on or about October 4, 2017, Respondent was served with a Complaint for medical malpractice. On or about October 24, 2017, Respondent filed his Answer to the Complaint. Despite the forgoing, on or about November 7, 2017, Respondent submitted his PVL Renewal Application and answered “no” to Question 4(a) which asked: “In the past two years, with regard to professional liability, participation in any health plan or deferral state health care program: Have any claims of malpractice ever been filed against you?”, in potential violation of HRS § 453-8(a)(6). (Board approved Settlement Agreement.)
MARRIAGE AND FAMILY THERAPIST LICENSING PROGRAM
Petitioner: Paul D. K. Swigart
Case Number: MFT 2020-008-L
Tax Setoff: Conditional license for 2 years, continue consultation/training, complete continuing education, $2,000 fine and other conditions
Effective Date: 4-6-22
RICO alleges that Respondent had an inappropriate relationship with a client’s adult sister, in possible violation of HRS §§ 451J-11(a)(3), 451J-11(a)(6), 436B-19(7) and 436B-19(12). (Director approved Settlement Agreement.)
Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/