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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs ARICK JUSTIN RINALDO, A/K/A ARLIE VERNON HASH II, D/B/A, AAA AIR CONDITIONING AND REFRIGERATION, INC., 11-004116 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-004116 Visitors: 2
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).
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.
Source:  Florida - Division of Administrative Hearings

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