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FC-2023-R0175-0042-ADOSH · Arizona Division of Occupational Safety and Health · 2024-05-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v

DON SANDERSON FORD, INC.,

Respondent Employer.

No. FC-2023-R0175-0042-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On August 21, 2023, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) inspected a worksite of Don Sanderson Ford Inc. (“Respondent” or “Don Sanderson Ford”) located at 6400 N. 51st Ave., Glendale, AZ 85301, Inspection No. FC-2023-R0175-0042. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on February 9, 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 May 24, 2024, 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 1a, assessed penalty will be reduced to $7,812.50.

Citation 1 Item 1b, will be deleted in its entirety.

Citation 2 Item 1 will be deleted in its entirety.

Citation 2 Item 3 will be deleted in its entirety.

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.

Done this day, May 28, 2024.

By: /s/ Tammy L. Eigenheer

The Honorable Tammy Eigenheer,

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Brian Hudson, Director

Arizona Division of Occupational Safety and Health

800 W. Washington Street

Phoenix, AZ 86007

[email redacted]

Sophia Cox

Office of the Attorney General

Legal Division

[email redacted]

Sheri Harris

Don Sanderson Ford, Inc.

[email redacted]

By: OAH Staff