Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: ARICK JUSTIN RINALDO, A/K/A ARLIE VERNON HASH II, D/B/A, AAA AIR CONDITIONING AND REFRIGERATION, INC.
Judges: JESSICA E. VARN
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Aug. 16, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 27, 2011.
Latest Update: Nov. 11, 2024
FILED
Dapartment of Business anv Professional Reputation
Deputy Agency Clerk
CLERK — Eveltte Lawson Proctor
Date 11/10/2010
File #
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION II
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Vv. Case No. 2009-013296
ARICK JUSTIN RINALDO
A/K/A ARLIE VERNON HASH II
D/B/A AAA AIR CONDITIONING & REFRIGERATION INC,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, (“Petitioner”), files this Administrative Complaint
before the Construction Industry 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 contracting pursuant to Section 20.165, Florida
Statutes, and Chapters 455 and 489, Florida Statutes.
2. Respondent is, and has been at all times material
hereto, a Certified Mechanical contractor in the State of
Florida, having been issued license number CMC 57044,
3. Respondent's last known address of record is 6671 West
Indiantown Road, Suite 56-421, Jupiter, Florida 33458.
Filed August 16, 2011 10:42 AM Division of Administrative Hearings
4, At all times material hereto, Respondent was the
primary qualifying agent for AAA Air Conditioning &
Refrigeration, Inc.
5. On or about February 23, 1999, Respondent submitted an
application for a Certified Mechanical License to Petitioner,
using the illegal, fictitious name Arlie Vernon Hash.
6. On—the—above-mentioned—application,Respondent—checked
wv
no” to the question, “Have 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 2” Degree, a felony, and
sentenced to four years confinement in case no. 666855 in the
District Court of Harris County, Texas, 174" District Court.
8. On the above-mentioned application, Respondent checked
“I am qualifying for this examination by: 4 years proven
experience as a workman or foreman of which at least one year
must have been as foreman.”
9, Respondent listed experience at multiple entities
continuously from December of 1993 through present (February 23,
1999).
10. Respondent was imprisoned as a result of the above-
listed conviction for at least part of the period December, 1993
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—{1998),_provides——____
that “The following acts shall constitute grounds 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 violated Section
489.129(1)(c), Florida Statutes (1998), by violating any
provision of chapter 455, Florida Statutes, or violating a rule
or lawful order of the board, by having violated Section
455.227(1) (h), Florida Statutes (1998).
COUNT TWO
14. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through ten as though fully set
forth herein.
15. Based upon the foregoing, Respondent violated Section
489.129(1) (a), Florida Statutes (1998), by obtaining a
certificate, registration, or certificate of authority by fraud
or misrepresentation.
WHEREFORE, Petitioner respectfully requests the
Construction Industry Licensing Board enter an Order imposing
one or more of the following penalties: place on probation,
reprimand the licensee, revoke, suspend, deny the issuance or
renewal of the certificate or _registration,—_require — financial — ———___
restitution to a consumer, impose an administrative fine not to
exceed $10,000 per violation, require continuing education,
assess costs associated with investigation and prosecution,
impose any or all penalties delineated within Section
455,227(2), Florida Statutes, and/or any other relief that the
Board is authorized to impose pursuant to Chapters 489, 455,
Florida Statutes, and/or the rules promulgated thereunder.
Signed this 26 day of October, 2010.
CHARLES LIEM, Secretary
Department of Business and
Professional Regulation
By: Kyle Christopher
Kyle Christopher
Assistant General Counsel
Florida Bar No: 40853
Department of Business and
Professional Regulation
Office of the General Counsel
1940 North Monroe Street, Suite 42
Tallahassee, Florida 32399-2202
(850) 488-0062 Telephone
(850) 921-9186 Facsimile
PC Found 10/26/2010
Members: Engelmeier/Moody
NOTICE OF RIGHTS
Respondent has the right to request a hearing to be
conducted in accordance with Sections 120.569 and 120.57,
Florida Statutes, to be represented by counsel or other
qualified representative, to present evidence and argument, to
call and cross-examine witnesses and to have subpoenas and
4 subpoenas duces—tecum—issued—on—his—or her behalf if a—hearing
| is requested. Rule 28-106.111, Florida Administrative Code,
provides in part that if Respondent fails to request a hearing
within 21 days of receipt of an agency pleading, Respondent
| waives the right to request a hearing on the facts alleged.
NOTICE REGARDING ASSESSMENT OF COSTS
Respondent is placed on notice that Petitioner has incurred
costs related to the investigation and prosecution of this
matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the
Board, or the Department when there is no Board, may assess
costs related to the investigation and prosecution of the case
excluding costs associated with an attorney's time, against the
Respondent in addition to any other discipline imposed.
Docket for Case No: 11-004116
Issue Date |
Proceedings |
Sep. 27, 2011 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Sep. 26, 2011 |
Petitioner's Motion to Cancel Hearing and Relinquish Jurisdiction (filed in Case No. 11-004155).
|
Sep. 14, 2011 |
Undeliverable envelope returned from the Post Office.
|
Sep. 12, 2011 |
Order of Consolidation (DOAH Case Nos. 11-4116 and 11-4155).
|
Sep. 06, 2011 |
Respondent's Response to Request for Admissions filed.
|
Aug. 30, 2011 |
Petitioner's Motion to Consolidate Cases filed.
|
Aug. 24, 2011 |
Petitioner's First Request for Admissions to Respondent (exhibit not attached) filed.
|
Aug. 23, 2011 |
Order of Pre-hearing Instructions.
|
Aug. 23, 2011 |
Notice of Hearing by Video Teleconference (hearing set for October 13, 2011; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
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Aug. 18, 2011 |
Joint Response to Initial Order filed.
|
Aug. 17, 2011 |
Initial Order.
|
Aug. 16, 2011 |
Administrative Complaint filed.
|
Aug. 16, 2011 |
Election of Rights filed.
|
Aug. 16, 2011 |
Agency referral filed.
|