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PP-2022-F9669-0003-ADOSH · Arizona Division of Occupational Safety and Health · 2023-12-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant,

vs.

MOMENI CONSTRUCTION, INC.,

Respondent.

No. PP-2022-F9669-0003-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On September 19, 2022, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) inspected the worksite Momeni Construction, Inc. (“Respondent” or “Momeni”) located at 13644 N Litchfield, Surprise, Arizona 85379, Inspection No. PP-2022-F9669-0003. This inspection resulted in Complainant issuing a Citation and Notification of Penalty to the Respondent on March 15, 2023.

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 December 8, 2023, 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, with a Serious violation and assessed civil penalty of $1,500.00, is reclassified as a Non Serious violation.

IT IS FURTHER ORDERED that the legal effect of A.A.C. R20-5-817 is waived.

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 23-422(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 Eigenheer,

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 12th day of December 2023.

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 the 12th day of December 2023:

Phil Murphy

Division of Occupational Safety & Health

800 W. Washington Street

Phoenix, AZ 86007

Interim ADOSH Director

Sophia Cox

Legal Division

Industrial Commission of Arizona

[email redacted]

Attorney for ADOSH

Momeni Construction, Inc.

Kamyar Momeni

[email redacted]

Respondent

By: OAH Staff