\ ) STATEOFFLORIDA -” DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vy , Case No. 2005-056615 ARLIE VERNON HASH, 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 ARLIE VERNON HASH, ("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 CM C57044. 3. Respondent's last known addresses of record are PO Box 268298, Weston, Florida 33326; PO Box 1992, Hallendale, Florida 33008; PO Box 129, Jupiter, Florida 33468; and 6671 W. Indiantown Road, Suites 56-421, Jupiter, Florida 33458. 4. At all times material hereto, Respondent was the primary qualifying agent for AAA Air Conditioning & Refrigeration Inc ("AAA"), which has been issued Certificate of Authority number QB 12319, which is currently null & void. EXHIBIT A Filed August 16, 2011 3:31 PM Division of Administrative Hearings 5. Section 489° Ps), Florida Statutes, provides ft all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. On or about July 10, 2005, Karen Hanson (“Hanson”) contacted Economical Refrigeration Air Conditioning & Appliances, Inc. to install a new air conditioning system at 1210 N.W. Little River Drive, Miami, Florida. 7. Economical Refrigeration Air Conditioning & Appliances, Inc. informed Hanson that their sister company would perform the services required. 8. On or about July 10, 2005, Hanson entered into a contract with AAA to install a new air conditioning system at 1210 N.W. Little River Drive, Miami, Florida for $4,280.00. % Economical Refrigeration Air Conditioning & Appliances, Inc is not a qualified business organization in the State of Florida. . 10. AAA knew or had reasonable grounds to know that Economical Refrigeration Air. Conditioning & Appliances was unlicensed. 11. AAA failed to receive a permit for this project. 12. AAA proceeded on the job when no permit had been issued for the project. 13. The project has been completed, but AAA failed to obtain any inspections, including a final inspection on the project. 14. The Department of Financial Services website indicates that AAA does not currently have workers’ compensation coverage, and Respondent failed to provide requested proof of workers’ compensation coverage during the course of the investigation. ) COUNT I ‘ ) 15, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 16. Section 489.114, Florida Statutes, provides in part that the failure to maintain workers’ compensation coverage as required by law shall be grounds for the board to revoke, suspend, or deny the issuance or renewal of a certificate, registration, or certificate of authority of the contractor under the provisions of Section 489.129, Florida Statutes. 17. Based on the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, by violating Section 489.114, Florida Statutes, by failing to maintain workers’ compensation coverage. COUNT TT 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. ~ 719. Based on the foregoing, Respondent violated Section 489.129(1)(d), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT III | 20. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 21. Based on the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes, by failing to obtain any inspections, including a final inspection on the project. ) COUNT IV \ 22, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 23. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetence or misconduct in the practice of contracting. 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. Go Signed this day of , 2007. PC Found: December 4, 2007 Div. Il: Holloway & Engelmeier COUNSEL FOR DEPARTMENT: Tiffany A. Harrington Assistant General Counsel FBN 26202 Department of Business and Professional Regulation Office of the General Counsel 7 1940 N. Monroe Street, Ste. 42 : Tallahassee, FL 32399-2202 Case No: 2005-056615 Tye meee ssistan General Counsel FILED Department of Business and Professional Regulation / DEPUTY CLERK cree Bearden! Michele DATE 12 -27- 2007

Docket for Case No: 11-004155