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17F-1477826-ADOSH · Arizona Division of Occupational Safety and Health · 2021-07-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,

Complainant

v.

ROWLEY PLASTERING LLC, Respondent

No. 17F-1477826-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On May 27, 2020, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of Respondent Rowley Plastering, LLC., (“Respondent”) worksite located at 2045 East Boston Street, Gilbert, AZ 85295, Inspection No.: B8139-1477826 resulting in the issuance of a Citation and Notification of Penalty to Respondent on October 27, 2020.

WHEREAS, Respondent timely filed a Notice of Contest with respect to the above-mentioned citation, and the Division and Respondent now desire to settle this matter without the necessity of a formal hearing, both parties agree that it is in their respective best interests to settle this matter without going through the procedures, time and expense associated with litigating through a formal hearing.

FINDINGS AND CONCLUSIONS

NOW, THEREFORE, the parties agree to settle this matter as follows:

On July 28, 2021, the parties filed a Settlement Agreement resolving all issues and disputes involved in this matter. The Settlement Agreement appears to be consistent with the provisions and objectives of the Arizona Occupational Safety and Health Act. Accordingly, pursuant to A.A.C. R20-5-827 of the Occupational Safety and Health Rules of Procedure Before the Industrial Commission of Arizona, said Settlement Agreement is by this reference adopted herein and made a part hereof.

The Settlement Agreement is in furtherance of the purpose of the Arizona Occupational Safety and Health Act of 1972 and represents a full and final determination of this matter.

ORDER

IT IS HEREBY ORDERED Citation 1 Item 1 shall be reclassified to a Non-Serious violation and the penalty shall be reduced to $937.50.

IT IS FURTHER ORDERED Citation 1 Item 2 shall be deleted in its entirety.

IT IS FURTHER ORDERED Citation 2 Item 1 shall remain as issued.

IT IS FURTHER ORDERED Payments shall be made payable to the Industrial Commission of Arizona and addressed to counsel at 800 W. Washington St., Ste. 303, Phoenix, AZ 85007.

NOTICE

Any party dissatisfied with this Decision may request review to the Review Board by filing a written request with the Administrative Law Judge Division of the Industrial Commission within fifteen (15) days after service of this Decision as provided by Arizona Revised Statutes, §§ 23-421 C and 23-422 A and B. If no such request is made within the time provided, this Decision becomes final.

By: /s/ Tammy L. Eigenheer

The Honorable Tammy L. Eigenheer

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 30th DAY OF JULY, 2021.

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS

CERTIFICATE OF SERVICE

The attached FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT was placed in, and is now a part of, the Office of Administrative Hearings file and was served on the parties named below via mail/email/facsimile on JULY 30, 2021:

Jessie Atencio, Director Industrial Commission of Arizona Division of Occupational Safety and Health 800 W. Washington Street Phoenix, AZ 86007

Stephen D. Ball, Esq.

Industrial Commission of Arizona

Legal Division

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

[email redacted]

Rowley Plastering, LLC

3641 South 36th Street

Phoenix, AZ 85040

Defendant Employer

By: c. serrano