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UR-2025-JW184-0139 · Arizona Division of Occupational Safety and Health · 2025-10-01
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v.
INTEGRATED LATH & PLASTER LLC,
Respondent
No. UR-2025-JW184-0139
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On December 13, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of an Integrated Lath & Plaster LLC (“Respondent”) worksite, located at 19355 North 73rd Way, Scottsdale, AZ 85255, and designed as Inspection No. UR-2025-JW184-0139. This inspection resulted in the Division issuing a Citation and Notification of Penalty (“Citation”) to Respondent on February 13, 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:
On October 1, 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 in, 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 is deleted in its entirety, including deletion of the assessed penalty of $10,372.00.
IT IS FURTHER ORDERED that:
In exchange for the deletion, Respondent agrees to schedule a meeting, which will include Brian Hudson, the Division Director; Andrew Cortez, Sole Owner and Manager of Respondent; Paulino Bencomo, Scaffold Foremant; and Jessie Atencio, General Manager of Premier Risk Management, LLC; within 30 days after service of this order, to discuss and establish a two (2) year partnership with the Division.
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 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 23-423(A) and (B). If no such request is made within the time provided, this Decision becomes final.
By: Tammy L. Eigenheer
The Honorable Tammy Eigenheer
Administrative Law Judge
DATED IN PHOENIX, ARIZONA, THIS 1st day of October 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 1st day of October 2025:
Brian Hudson, Director
Division of Occupational Safety and Health
Industrial Commission of Arizona
800 W. Washington Street
Phoenix, AZ 86007
[email redacted]
ADOSH Director
Scott J. Cooley, Esq.
Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
Attorney for ADOSH
Integrated Lath & Plaster LLC
c/o David Howard, Founder/CEO
Jessie Atencio, General Manager
Premier Risk Management, LLC
1523 W. Whispering Wind Dr., Suite 250 Phoenix, AZ 85305
[email redacted]
[email redacted]
Respondent Employer Representative for Settlement
By: OAH Staff