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OopYty Agonoy Clerk

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o... 11/10/2010

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ST.TE OF FLORIDA.

DEPARTMENT OF BUSIN•SS AND P.ROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD

DIVISION II

DEPARTMENT OF BUSINESS AND

PROFESSIONAL REGULATION,

Petitioner,

v.

ARICK JUSTIN RINALDO

A/K/A ARLIE VERNON HASH II

Case No. 2009-013296

D/B/A MA hIR CONDITIONING & REFRIGEMTION INC,

Respondent.

-------------+--/

ADMINI TRATIVE COMPLAINT

Petitioner, DEPARTME T OF

BUSINESS AND PROFESSIONAL

REGULATION, ("Petitioner"), files this Administra.tive Complaint before the Construction In ustry Licensing Board, against ARICK JUSTIN RINALDO A/K/A ARLIE VERNON HASH II, ("Respondent"), and

says:

1. Petitioner is the state agency charged with regulating the practice of contractin pursuant to Section 20.165, Florida Statutes, and Chapters 455 .nd 489, Florida Statutes.

2. Respondent is, an has been at all times material hereto, a Certified Mech nical Contractor in the State of Florida, having been issued license number CMC 57044.

3. Respondent's last known address of record is 6671 West India.ntown Road, Suite 56-4 J., Jupiter, Florida 33458.

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4. At all tJ.mes materJ.al hereto, Respondent was the

   
   

   primary qualifying agent Refrigeration, Inc.

   for AAA Air Conditioning &

5. On or about February 23, 1999, Respondent submitted a.n application for a Certified Mechanical License to Petitioner, using the illegal, fictitious name Arlie Vernon Hash.

6. on the above-mentioned application, Respondent checked nno" to the question, nHave you ever: Been convicted or found guilty of, or entered a plea of 'nolo contendere' to, regardless of adjudication, a crime in any jurisdiction within the past ten years?"

7. On or about September 5, 1996, Respondent was

   convicted of Sexual Assault in the 2nd Degree, a felon.y, and sentenced to four years confinement in case no. 666855 in the District court of Harris County, Texas, 1 7 4t h District Court.

8. On the above-mentJ.oned a.pplication, Respondent checked "I am qualifying for this e,;amination by: 4 years proven experience as a workman or foreman of which at least one yeer must have been as foreman."

9. Respondent listed experience at multiple entities continuously from December of 1993 through present (Febru.ary 23, l.999).

10. Respondent was i.mprisoned as a result of the above­ listed conviction for at least part of the period December, 1993

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    through February, 1999 on the above-listed sentence and therefore unable to have gained the experience.

    COUNT ONE

    
    

11. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth herein.

12. Section 455.227(1), Florida statutes (1 998 ) 1 provide:, that "The following acts shall constitute ground:, for which the disciplinary actions specified in subsection (2) may be taken: •.

    (h) Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the board.

13. Based upon the foregoing, Respondent -riolated Section

    489.129 (l.) (c), Florida statutes (1998), by violating any pro-ri:aion of chapter 455, Florida Statutes, or -riolati.ng a rule or lawful order of the board, by havi.ng violated Section

    455.227 (1) (h), Florida Statutes (1998).

    
    

    COUNT TWO

    
    

14. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one th.rough ten a:, though fully set forth herein.

15. .Based upon the foregoing,

489.129 (1) (a), Florida Statutes

Respondent violated Section (1998), by obtaining a

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certificate, regi.stration, or certificate of authority by fraud or misrepresentation.

WHEREFORE, Petitioner respectfully requests the

construction Industry Li.censing Board enter an Order imposing one or more of the foll.owing penal.ties: place on probation, reprimand the licensee, revoke, suspend, deny the i.ssuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an adrnihistrati ve fine not to exceed $10,000 per violation, require continuing education, assess costs associated with investigatioh and prosecution, impose any Or all penalties delineated withi.n Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authori.zed to impose pursuant to Chapters 489, 455, Florida Statutes, ahd/or the rules promulgated thereunder.

Signed this 2 6t h day of October, 2010.

CHARLES LIEM, Secretary Department of Business and

Professional Regulation

By:    10re Cnristop!wr                 

.Kyle Christopr;vs,r Assistant General counsel Florida Bar No: 40853

Department of Business and Professional Regulation Office of the General counsel

1940 North Monroe Street, sui.te 42

Tallahassee, Florida 32399-2202

(850) 488-0062 Telephone

(850) 921-9186 Facsimile

PC Found 10/26/2010

Member.s: En.gelmeier/Moody

Docket for Case No: 11-000412