(Through September 2021)
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 September 2021 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 PRIVATE DETECTIVES AND GUARDS
Respondent: Guy U. Moses (Hawaii)
Case Number: PDG 2016-29-L
Sanction: Voluntary Surrender of License
Effective Date: 2-5-21
RICO alleges that on or about December 2, 2014, Respondent was convicted of Driving Without a License and on or about June 17, 2015, Respondent was convicted of Driving Under the Influence. Despite the convictions, on or about May 12, 2016, Respondent submitted a renewal application to the Board wherein he allegedly answered “No” to question number 3 “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 § 436B-19(2) and HAR § 16-97-46(10). (Board approved Settlement Agreement.)
BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS
Respondent: Thomas E. Hackett
Case Number: ENG 2021-3-L
Sanction: $1,000 fine and Voluntary Suspension of License for 6 months
Effective Date: 8-12-21
RICO alleges that Respondent provided insufficient supervision and review of a plan before stamping it, in possible violation of HAR § 16-115-10(4). (Board approved Settlement Agreement.)
BOARD OF MASSAGE THERAPY
Respondent: Chad K. Imano
Case Number: MAS 2020-12-L
Sanction: Voluntary surrender of license and compliance with terms and conditions of deferral
Effective Date: 9-24-21
RICO alleges that Respondent sexually assaulted a client during a massage session at the client’s residence, was arrested and charged with the criminal offense of Sexual Assault in the Fourth Degree, and entered a Deferred Acceptance of Nolo Contendere Plea to the charge, in possible violation of HRS §§ 436B-19-(9), 436B-19(12) and 452-24(a)(5). (Board approved Settlement Agreement.)
BOARD OF PUBLIC ACCOUNTANCY
Respondent: Michael H. Higa
Case Number: ACC 2019-11-L
Sanction: Voluntary Surrender of License
Effective Date: 8-27-21
RICO’s investigation indicated that Respondent was convicted in federal court on charges of conspiracy to commit tax fraud and aiding in the preparation of a false tax return, in violation of HRS §§ 466-9(b)(8), 466-9(b)(9) and 466-9(b)(10). (Board approved Settlement Agreement.)
BOARD OF NURSING
Respondent: Elizabeth Jane Kelly, R.N.
Case Number: RNS 2021-41-L
Sanction: Voluntary Surrender of License
Effective Date: 9-2-21
RICO alleges that Respondent was disciplined by the States of Iowa and Alabama and may have failed to report the disciplinary actions in Hawaii within 30 days, in possible violation of HRS §§ 457-12(a)(8) and 457-12(a)(10). (Board approved Settlement Agreement.)
Respondent: Jaclyn D. Lefebvre, R.N.
Case Number: RNS 2021-342-L
Sanction: $300 fine
Effective Date: 9-2-21
RICO alleges that Respondent was disciplined by the State of California and may have failed to report the disciplinary action in Hawaii within 30 days, in possible violation of HRS §§ 457-12(a)(8) and 457-12(a)(10). (Board approved Settlement Agreement.)
BOARD OF PHARMACY
Respondent: Carepoint Healthcare, LLC dba Carepoint Pharmacy
Case Number: PHA 2020-165-L and PHA 2020-166-L
Sanction: $3,000 fine
Effective Date: 9-16-21
RICO alleges that Respondent was disciplined by the States of Louisiana, Kentucky, Texas and Alabama and failed to timely report the actions to the Board, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondents: Kings Island Construction LLC and Jason A. Lehmkuhl
Case Number: CLB 2019-468-L
Sanction: $2,000 fine
Effective Date: 3-19-21
RICO alleges that Respondents’ contracts are missing the requirements for the written contracts, in possible violation of HRS § 444-25.5(b)(1), (2), (3) and (4) and HAR §§ 16-77-80(a)(1), (2), (3), (5), (6), (7), (8) and (9) and 16-77-80(b). (Board approved Settlement Agreement.)
Respondents: Central Stripping Service, Inc., and James R. Lesniewski
Case Number: CLB 2021-259-L
Sanction: $250 fine
Effective Date: 9-24-21
RICO alleges that the State of Hawaii Department of Labor and Industrial Relations – Wage Standards Division issued a Notification of Violation to Respondent CSS and Respondents failed to provide written notice of the Notification of Violation to the Board within thirty (30) days, in possible violation of HRS §§ 444-17(6) and 436B-16(a). (Board approved Settlement Agreement.)
MOTOR VEHICLE REPAIR INDUSTRY BOARD
Respondent: Max Jones and Lahaina Petroleum, LLC dba Kihei 76 (Maui)
Case Number: ARP 2019-58-L
Sanction: $500 fine
Effective Date: 7-15-21
RICO alleges that on or about June 27, 2019, Respondent Jones engaged in activities of a mechanic for compensation without a valid mechanic’s license, in possible violation of HRS §§ 437B-7, 437B-11(6) and 436B-19(17). RICO also alleges that on or about June 27, 2019, Respondent Kihei 76 engaged in activities of a repair dealer for compensation without a valid repair dealer’s license, in possible violation of HRS §§ 437B-7, 437B-11(6) and 436B-19(17). (Board approved Settlement Agreement.)
REAL ESTATE COMMISSION
Respondents: Cynthia Manabe and Realty Laua LLC
Case Number: REC 2021-192-L
Sanction: $1,000 fine
Effective Date: 9-24-21
RICO alleges that Respondents failed to timely renew their real estate broker licenses prior to expiration on December 31, 2020 and that Respondents committed unlicensed real estate activity from January 1, 2021 through March 7, 2021, in possible violation of HRS §§ 467-7, 467-1.6(a) and 467-1.6(b)(7). (Commission approved Settlement Agreement.)
Respondent: Aloha Island Rentals LLC dba I Go Maui Vacation Rentals & Realty (Kauai)
Case Number: REC 2020-391-L
Sanction: $1,500 fine
Effective Date: 9-24-21
RICO alleges that from in or around January 2020, to about November 2020, inclusive, Respondent maintained an Internet commerce website, https://www.suite-paradise.com, and entered into contracts with consumers and other members of the public that did not anywhere include or display Respondent’s legal name, but instead used and displayed a trade name containing the name, part of a name, or nickname of a then-unlicensed person or entity, namely, “Suite Paradise,” that, although registered with the Business Registration Division of the State of Hawaii Department of Commerce and Consumer Affairs, had not been separately registered with or approved for such use by the Hawaii Real Estate Commission, in possible violation of HRS §§ 467-9(b) and 467-14(13) and HAR § 16-99-11. (Commission approved Settlement Agreement.)
Respondent: Robert P. Keane (Kauai)
Case Number: REC 2020-391-L
Sanction: $750 fine
Effective Date: 9-24-21
RICO alleges that Respondent, the principal broker for Aloha Island Rentals LLC, used a trade name that was not registered with or approved by the Commission, in possible violation of HRS §§ 467-1.6(a) and 467-1.6(b)(1). (Commission approved Settlement Agreement.)
Respondent: Breanna H. Aki fka Breanna H. Gaddis (Maui)
Case Number: REC 2020-304-L
Sanction: $250 fine
Effective Date: 9-24-21
RICO alleges that Respondent was convicted in Hawaii of the crime of Driving Under the Influence, in possible violation of HRS §§ 436B-19(12) and 436B-19(14). (Commission approved Settlement Agreement.)
SOCIAL WORKER LICENSING PROGRAM
Respondent: Debra Lambert
Case Number: RSW 2021-7-L
Sanction: $200 fine and provide documentation of completion of continuing education hours
Effective Date: 9-13-21
RICO alleges that Respondent did not complete 5.75 CE credits, in possible violation of HRS §§ 467E-11(c)(2) and 467E-12(a)(1). (Director approved Settlement Agreement.)
Respondent: Chelsea Lenay Haaland (Hawaii)
Case Number: RSW 2021-9-L
Sanction: $250 fine and complete continuing education credit hours
Effective Date: 9-16-21
RICO alleges that Respondent did not complete 23 CE credits, in possible violation of HRS §§ 467E-11(c)(2) and 467E-12(a)(1). (Director approved Settlement Agreement.)
Respondent: Brandee K. Aukai
Case Number: RSW 2021-8-L
Sanction: $250 fine and complete continuing education credit hours
Effective Date: 9-16-21
RICO alleges that Respondent did not complete 27 CE credits, in possible violation of HRS §§ 467E-11 and 467E-12(a)(1). (Director approved Settlement Agreement.)
TRAVEL AGENCIES PROGRAM
Respondent: Elite Concierge LLC
Case Number: TAR 2021-14-L, TAR 2021-15-L and TAR 2021-16-L
Sanction: Revocation of registration and five-year prohibition on applying for a new license
Effective Date: 9-14-21
RICO alleges that Respondent failed to remit payment to service providers for activities sold to consumers by Respondent, in possible violation of HRS §§ 436B-19(8), 436B-19(12) and 468L-5(b)(1). (Director approved Settlement Agreement.)
ACTIVITY DESKS PROGRAM
Respondent: Elite Concierge LLC
Case Number: ADP 2021-9-L, ADP 2021-10-L and ADP 2021-11-L
Sanction: Revocation of registration and five-year prohibition on applying for a new license
Effective Date: 9-14-21
RICO alleges that Respondent failed to remit payment to service providers for activities sold to consumers by Respondent, in possible violation of HRS §§ 468M-3(4), 468M-4 and 468M-9. (Director approved Settlement Agreement.)
Copies of the decisions are available online at: https://cca.hawaii.gov/oah/oah_decisions/