Vacate

CP-2025-VM508-0055-ADOSH · Arizona Division of Occupational Safety and Health · 2026-08-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

v.

SUNVEK HOLDINGS LLC DBA SUNVEK,

Respondent

No. CP-2025-VM508-0055-ADOSH

FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT

On February 26, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) conducted an inspection at a worksite location of Sunvek Holds LLC dba Sunvek (“Respondent”) located at 5002 N. 7th Street, Phoenix, AZ 85024, which was designated as Inspection No. CP-2025-VM508-0055. This inspection resulted in ADOSH issuing a Citation and Notification of Penalty to the Respondent on July 17, 2025.

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:

1. On June 18, 2026, the parties entered into 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 attached to, incorporated by this reference, adopted, and made a part of this order.

2. 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

Citation 1 Item 1 is reclassified from a Willful-Serious to Non-Serious, and the assessed penalty is reduced from $99,308.00 to $2,000.00.

Citation 2 Item 1 is reclassified from Serious to Non-Serious and the assessed penalty is reduced from $8,276.00 to $1,000.00.

Citation 3 Item 1 is dismissed, with no penalties assessed.

In exchange for the above, Respondent agrees to:

Within 50 days of the execution of this Agreement, Respondent will participate in a meeting with representatives of ADOSH’s Safety & Health Achievement Recognition Program (SHARP) to discuss the possibility of Respondent participating in SHARP;

Within 60 days of the execution of this Agreement, Respondent will provide OSHA 10 training to its foremen. This training will be provided in-person by ADOSH’s Consultation Unit at Respondent’s headquarters.

Within 15 days of the execution of this Agreement, Respondent will join The Roofing Alliance.

Respondent shall, if it has not already done so, deliver the $3,000.00 payment online at https://azicagateway.az.gov/content/penalties-citations or by check made payable to “Industrial Commission of Arizona” to attorney Robert Irani, Esq., Legal Division, Industrial Commission of Arizona, 800 West Washington Street, Suite 303, Phoenix, Arizona 85007, on or before February 27, 2026.

The parties hereby stipulate that the hearing pending in Office of Administrative Hearings Case No. CP-2025-VM508-0055-ADOSH may be vacated, and request that Office of Administrative Hearings Case No. CP-2025-VM508-0055-ADOSH be dismissed with prejudice upon Respondent’s completion of the items listed in 4(a)-(b), supra.

This Settlement Agreement is in furtherance of the purpose of industrial safety and the Arizona Occupational Safety and Health Act of 1972.

The undersigned hereby represent that they have sufficient authority to enter into this Agreement and bind the represented entity.

Each party agrees to bear its own attorneys’ 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.

DATED August 11, 2026.

By: Tammy L. Eigenheer

Honorable Tammy L. Eigenheer

Administrative Law Judge

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS

CERTIFICATE OF SERVICE

The attached FINDINGS AND ORDER APPROVING SETLEMENT AGREEMENT was placed in, and is now part of, the Office of Administrative Hearings file and was served on the parties’ representatives named below via email on the 11th day of August 2026.

Bryce Rucker, Interim Director

Arizona Division of Occupational Safety and Health

[email redacted]

Robert Irani Industrial Commission of Arizona [email redacted] Attorney for ADOSH

Michael W. Thal Christian T. Lestinsky Lang Thal King & Hanson PC [email redacted]

[email redacted]

Attorneys for Respondent

By: OAH Staff