Hawaii Department of Commerce & Consumer Affairs

01/15/2025 | Press release | Distributed by Public on 01/15/2025 19:54

RELEASE: DCCA DISCIPLINARY ACTIONS (Through December 2024)

Posted on Jan 15, 2025 in News Releases, OAH

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STATE OF HAWAIʻI

KA MOKU ʻĀINA O HAWAIʻI

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

KA ʻOIHANA PILI KĀLEPA

OFFICE OF ADMINISTRATIVE HEARINGS

JOSH GREEN, M.D.

GOVERNOR

KE KIAʻĀINA

NADINE Y. ANDO

DIRECTOR

KA LUNA HOʻOKELE

DENISE BALANAY

SENIOR HEARINGS OFFICER

DCCA DISCIPLINARY ACTIONS

(Through December 2024)

FOR IMMEDIATE RELEASE

January 15, 2025

HONOLULU - The state Department of Commerce and Consumer Affairs (DCCA) and its respective state Boards and Commissions released a summary of disciplinary actions through the month of December 2024, taken on individuals and entities with professional and vocational licenses in Hawai'i. 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 to 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 ACUPUNCTURE

Respondent: Edward C. Hsu (Maui)

Case Number: ACU 2023-4-L

Sanction: Voluntary license revocation

Effective Date: 11-20-24

RICO alleges Respondent behaved and acted inappropriately and unprofessionally on March 12-13, 2021, in potential violation of HRS §§ 436B-19(12), 436B-19(13), 436B-19(14), and 436B-19(15). (Board approved Settlement Agreement.)

MEDICAL BOARD

Respondent: Timothy J. McLaughlin

Case Number: MED 2024-233-L

Sanction: $4,000 fine

Effective Date: 12-12-24

RICO alleges that Respondent was disciplined by the state of Nevada and failed to timely report the disciplinary action to the Board, in potential violation of HRS §§ 453-8(a)(11) and 453-8(a)(14). (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondents: Certified Management, Inc. dba Associa Hawaii and Phyllis O. Kacher

Case Number: REC 2024-96-L

Sanction: $2,000 fine

Effective Date: 12-18-24

RICO alleges that it received a complaint that Respondents, acting as managing agent for the Association of Apartment Owners of Waiau Garden Court, received a written request for documents from a unit owner on November 13, 2023, and failed to provide the requested documents, in potential violation of HRS §§ 514B-154.5(a), 514B-154.5(c), and 467-14(13). (Commission approved Settlement Agreement.)

Respondents: Certified Management, Inc. dba Associa Hawaii and Phyllis O. Kacher

Case Number: REC 2024-97-L

Sanction: $2,000 fine

Effective Date: 12-18-24

RICO alleges that it received a complaint that Respondents, acting as managing agent for the Association of Apartment Owners of Waiau Garden Court, received a written request for documents from a unit owner on November 13, 2023, and failed to provide the requested documents, in potential violation of HRS §§ 514B-154.5(a), 514B-154.5(c), and 467-14(13). (Commission approved Settlement Agreement.)

Respondents: Certified Management, Inc. dba Associa Hawaii and Phyllis O. Kacher

Case Number: REC 2024-98-L

Sanction: $2,000 fine

Effective Date: 12-18-24

RICO alleges that it received a complaint that Respondents, acting as managing agent for the Association of Apartment Owners of Waiau Garden Court, received a written request for documents from a unit owner on November 13, 2023, and failed to provide the requested documents, in potential violation of HRS §§ 514B-154.5(a), 514B-154.5(c), and 467-14(13). (Commission approved Settlement Agreement.)

Respondents: Certified Management, Inc. dba Associa Hawaii and Phyllis O. Kacher

Case Number: REC 2024-138-L

Sanction: $1,000 fine

Effective Date: 12-18-24

RICO alleges that it received a complaint that Respondents, acting as managing agent for the Association of Apartment Owners of Moana Pacific, received a written request for documents from a unit owner on January 27, 2024 and failed to timely provide the requested documents, in potential violation of HRS §§ 514B-154.5(c) and 467-14(13). (Commission approved Settlement Agreement.)

Respondents: Certified Management, Inc. dba Associa Hawaii and Phyllis O. Kacher

Case Number: REC 2024-160-L

Sanction: $1,000 fine

Effective Date: 12-18-24

RICO alleges that it received a complaint that Respondents, acting as managing agent for the Association of Apartment Owners of Waiau Garden Court, received a written request for documents from a unit owner on November 14, 2023, and failed to timely provide the requested documents, in potential violation of HRS §§ 514B-154.5(c) and 467-14(13). (Commission approved Settlement Agreement.)

Respondents: Certified Management, Inc. dba Associa Hawaii and Phyllis O. Kacher

Case Number: REC 2024-161-L

Sanction: $1,000 fine

Effective Date: 12-18-24

RICO alleges that it received a complaint that Respondents, acting as managing agent for the Association of Apartment Owners of Waiau Garden Court, received a written request for documents from a unit owner on November 15, 2023, and failed to timely provide the requested documents, in potential violation of HRS §§ 514B-154.5(c) and 467-14(13). (Commission approved Settlement Agreement.)

Respondents: Certified Management, Inc. dba Associa Hawaii and Phyllis O. Kacher

Case Number: REC 2024-231-L

Sanction: $2,000 fine

Effective Date: 12-18-24

RICO alleges that it received a complaint that Respondents, acting as managing agent for the Association of Apartment Owners of Waiau Garden Court, received a written request for documents from a unit owner on February 22, 2024, and failed to timely respond or provide a written refusal and explanation of the refusal, in potential violation of HRS §§ 514B-154.5(a), 514B-154.5(c), and 467-14(13). (Commission approved Settlement Agreement.)

Respondents: Certified Management, Inc. dba Associa Hawaii and Phyllis O. Kacher

Case Number: REC 2024-234-L

Sanction: $1,000 fine

Effective Date: 12-18-24

RICO alleges that it received a complaint that Respondents, acting as managing agent for the Association of Apartment Owners of Waiau Garden Court, received a written request for documents from a unit owner on April 18, 2024, and failed to timely provide the requested documents, in potential violation of HRS §§ 514B-154.5(c) and 467-14(13). (Commission approved Settlement Agreement.)

Respondents: Certified Management, Inc. dba Associa Hawaii and Phyllis O. Kacher

Case Number: REC 2024-277-L

Sanction: $2,000 fine

Effective Date: 12-18-24

RICO alleges that it received a complaint that Respondents, acting as managing agent for the Association of Apartment Owners of Waiau Garden Court, received a written request for documents from a unit owner on May 23, 2024, and failed to timely provide the requested documents or a response authorizing or denying the request, in potential violation of HRS §§ 514B-154.5(a), 514B-154.5(c), and 467-14(13). (Commission approved Settlement Agreement.)

BOARD OF NURSING

Respondent: Bernadette C. Regina

Case Number: RNS 2021-388-L

Sanction: License revocation

Effective Date: 12-5-24

The Board received prima facie evidence that Respondent's license was disciplined by the states of California and North Carolina and did not receive a timely written request from Respondent for a hearing on the Board's notice of intent to enter a Final Order. (Board's Final Order.)

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

BusinessCheck is an online platform designed to serve as a comprehensive resource for researching licensed professionals. This tool empowers users to verify licenses, review complaint histories and discover when a business was established, all in one place. Please visit businesscheck.hawaii.gov to verify a professional's license status, confirming their qualifications, compliance with regulations and accountability to a governing body.

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Media Contact:

Communications Office
Department of Commerce and Consumer Affairs

Phone: 808-586-2760

Email: [email protected]