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CP-2024-JW184-0107 · Arizona Division of Occupational Safety and Health · 2025-06-26
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v.
JONTY CORP. DBA YOGIS GRILL #12,
Respondent
No. CP-2024-JW184-0107
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On August 27, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) conducted an inspection at a worksite location of Jonty Corp. dba Yogis Grill #12, (“Respondent” or “Jonty Corp.”) located at 2000 East Rio Salado Parkway, #1146, Tempe, AZ 85281, Inspection No. CP-2024-JW184-0107. This inspection resulted in ADOSH issuing a Citation and Notification of Penalty to the Respondent on November 14, 2024.
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 litigation and a formal hearing.
FINDINGS AND CONCLUSIONS
NOW, THEREFORE, the parties agree to settle this matter as follows:
On June 20, 2025, 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, the Settlement Agreement is incorporated by this reference, adopted, and made a part of this order.
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 that:
Citation 1 Item 1 will be reclassified from “Serious” to “Non-Serious” and the assessed penalty will be reduced to $0.00.
Citation 1 Item 2a will be reclassified from “Serious” to “Non-Serious” and the assessed penalty will be reduced to $0.00.
Citation 1 Item 2b will be reclassified from “Serious” to “Non-Serious” and the assessed penalty will remain $0.00.
Citation 1 Item 2c will be reclassified from “Serious” to “Non-Serious” and the assessed penalty will remain $0.00.
Citation 2 Item 1 will remain as written.
IT IS FURTHER ORDERED that Respondent:
Undertake one safety consultation visit by ADOSH within 12 months of the effective date of the Settlement Agreement.
Produce a heat illness prevention plan within 60 days of the effective date of the Settlement Agreement.
IT IS FURTHER ORDERED that each party is to bear its own attorney’s fees and costs.
NOTICE
Any party dissatisfied with this Decision may request review by the Review Board, 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 23-423(A) and (B). If no such request is made within the time provided, this Decision becomes final.
By: Tammy L. Eigenheer
The Honorable Tammy L. Eigenheer,
Administrative Law Judge
DATED IN PHOENIX, ARIZONA, THIS 26th day of June 2025.
BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
CERTIFICATE OF SERVICE
The attached FINDINGS & 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 this 26th day of June 2025:
Brian Hudson
Division of Occupational Safety & Health
800 W. Washington Street
Phoenix, AZ 86007
[email redacted]
ADOSH Director
Robert Irani
Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
Attorney for ADOSH
Teresa Nguyen
Jonty Corp. dba Yogis Grill #12
2000 E. Rio Salado Pkwy #1146
Tempe, AZ 85288
[email redacted]
Respondent
By: OAH Staff