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,
STATE OF HAWAI'I BOARD OF NURSING, Petitioner-Appellee-Appellee
APPEAL fro THE CIRCUIT COURT OF THE FIRST CIRCUIT. CIVIL NO. 14-1-1125.
On the briefs: Lorrin A. Kau, for Respondent-Appellant-Appellant.
Diane R. Corn, for Petitioner-Appellee-Appellee.
FOLEY, PRESIDING J., FUJISE AND LEONARD, JJ.
[137 Hawai'i 84] Daniel R. Foley,
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 (circuit court).
The points of error asserted in Martinez's opening brief are summarized as follows:
(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.
This is a secondary appeal from the circuit court's review of the Board's Final Order, which affirmed the Board's finding that Martinez violated Hawaii Revised Statutes (HRS) § 457-12(a)(6) (2013 Repl.).
[137 Hawai'i 85] 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."
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), -12(a)(8) (2013 Repl.), and -12(a)(11) (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 failed to disclose in her AB Staffing Application that she was licensed to practice in other states.
On December 6, 2010, the DCCA filed an amended petition (Amended Petition), which withdrew the allegations pertaining to Martinez's 2004 Application. Instead, the Amended Petition alleged Martinez violated HRS § 457-12(a)(6) when she failed to disclose on her AB Staffing Application that she was licensed to practice in other states and that she had disciplinary actions taken against her other nursing licenses in those states. The Amended Petition also included allegations that Martinez had her license suspended in New York, Pennsylvania, and Washington.
On February 12, 2013, the Board's hearing officer held an administrative hearing on the Amended Petition. At the hearing, the hearing officer had an opportunity to rule on Martinez's subpoena duces tecum, which sought reports and files relating to a 2005 " Request for Investigation" (2005 Complaint). Martinez alleges that the 2005 Complaint ...