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Martinez v. State of Hawai'i Board of Nursing

Intermediate Court of Appeals of Hawaii

January 11, 2016

LIANA KEALOHILANI MARTINEZ, fka L.A. LIANA BECKWITH, aka LEE ANN MATHIS, aka LEE ANN CHOPRA, aka LEE ANN NOVICK, aka LEE ROBINSON NOVICK, aka LIANE NOVICH BECKWITH, aka LIANA KEALOHILANI VAN WYE, Respondent-Appellent-Appellant,
v.
STATE OF HAWAI'I BOARD OF NURSING, Petitioner-Appellee-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 14-1-1125}

Lorrin A. Kau for Respondent-Appellant-Appellant.

Diane R. Corn for Petitioner-Appellee-Appellee.

FOLEY, PRESIDING J., FUJISE AND LEONARD, JJ.

OPINION

FOLEY, J.

Respondent-Appellant-Appellant Liana Kealohilani Martinez, fka L.A. Liana Beckwith, aka Lee Ann Mathis, aka Lee Ann Chopra, aka Lee Ann Novick, aka Lee Robinson Novick, aka Liane Novich Beckwith, aka Liana Kealohilani Van Wye (Martinez) appeals from the "Order Affirming Board of Nursing's Final Order" (Order) and "Judgment, " both entered on February 17, 2015 in the Circuit Court of the First Circuit[1] (circuit court).

The points of error asserted in Martinez's opening brief are summarized as follows:[2]

(1) the Petitioner-Appellee-Appellee Department of Commerce and Consumer Affairs, Regulated Industries Complaints Office (DCCA) failed to provide adequate notice of the charges against Martinez;
(2) the circuit court erred in deferring to the "Board's Final Order" (Final Order), entered by Petitioner-Appellee-Appellee Board of Nursing (Board) on April 4, 2014, because the Final Order was based on an incorrect interpretation of Hawaii Administrative Rules (HAR) § 16-89-60(5) (2013);
(3) the hearing officer erred in sustaining the DCCA's objection to Martinez's testimony regarding past disclosures to the Board and in granting the DCCA's motion to quash her subpoena duces tecum; and
(4) the DCCA improperly submitted to the Board evidence of a 2005 complaint against Martinez, which alleged that she failed to report necessary information to the Board.

I . BACKGROUND

This is a secondary appeal from the circuit court's review of the Board's Final Order, which affirmed the Board1s finding that Martinez violated Hawaii Revised Statutes (HRS) § 457-12(a)(6) (2013 Repl.).[3]

Martinez was licensed by the Board as a registered nurse in Hawai'i on June 8, 2004. In her June 25, 2004 "Application for License (Without Examination) -- Nurse" (2004 Application), which was submitted to the Board, Martinez listed Utah, Georgia, and New York in the section of the application requiring the applicant to identify "Other State Licenses." Martinez also marked "NO" in the box next to the question:

5) "Are you presently being investigated or is any disciplinary action pending against you?
If "YES", specify all states where action was or may be imposed. Arrange to have certified documents from each state in which disciplinary action or investigation occurred or is pending against you sent directly to the Board."

(Format altered:)

On June 4, 2009, Martinez's employer AB Staffing Solutions (AB Staffing) reported Martinez to the Board for "fraudulent activity." In its letter to the Board, AB Staffing claimed that when Martinez applied for employment with the company in 2008, she reported on her application (AB Staffing Application) that she was licensed to practice nursing in Hawai'i but did not indicate that she was licensed to practice in other states, nor did she indicate whether she had disciplinary actions taken against her nursing licenses. AB Staffing reported that it later discovered that Martinez was licensed to practice in several other states and had disciplinary actions taken against her in New York, Pennsylvania, and Washington.

On June 30, 2010, the DCCA filed a petition for disciplinary action against Martinez (Petition). The Petition alleged that Martinez violated HRS § 457-12(a) (6)[4], -12(a) (8) (2013 Repl.), and -12(a)(ll)[5] (Supp. 2015), when she failed to disclose in her 2004 Application that she had disciplinary actions taken against her in other states and when she ...


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