As indicated in the file, a hearing on a Suspension Order involving the above-captioned Appellant was conducted on March 10, 2020 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5 and Fire Safety Code Section 450-RICR-00-00-1.7.5(C).
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Pearson, Walker, Sylvester, Booth, Thornton and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Paul Manning of the State Fire Marshal's Office.
APPELLANT: William Recalde, Argel Gutierrez and Gary Pelletier, Esq.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an appeal of a Suspension Order filed pursuant to R.I.G.L. Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	An expedited review of this Order was requested by William Recalde on February 28, 2020.
3.	The Application for review was received by the Board on February 28, 2020 and an expedited review subsequently scheduled for March 10, 2020.
4.	A review of the Suspension Order was conducted on November 19, 2019 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.  After hearing the parties, a motion was made by Commissioner Thornton and seconded by Commissioner Sylvester to MODIFY the Suspension Order as outlined herein.  The motion passed on a 5 to 3 vote with Commissioners Pearson, Booth and Muto voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2020013 and are pertinent to the decision rendered:

1.	Appeal Application  2020013 dated February 28, 2020 and filed on February 28, 2020.
2.	Suspension Order [Certifications of Registration / Permit to Service Portable Fire Extinguishers  19SFM-45.A2-PM; Permit to Service Fixed Extinguishing Systems  19SFM-33.A3-PM; and, Journeyman License  JPE-78 and JFE-56] issued by State Fire Marshal Timothy McLaughlin dated February 28, 2020.
3.	State Fire Marshal's Office Incident Report  20SFM-34-OF dated February 28, 2020.

EXHIBITS

The following documents were presented at the March 10, 2020 hearing as exhibits:

1.	AHJs  1: RI Criminal History Record for William Recalde dated February 28, 2020.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The Decision below corresponds with the State Fire Marshal's Office Suspension Order and Incident Report dated February 28, 2020.  The above Order and Incident Report were utilized by the Board during the March 10, 2020 review of this matter.  Accordingly, the Board hereby incorporates the Order and Incident Report as its initial findings of fact.
2.	The Board finds that the Appellant did fail to properly register all addresses where business was being conducted, did fail to indicate a prior license suspension, and did fail to indicate a prior arrest in filing applications for renewal of permits and/or licenses.
3.	The Board further finds that had the above omissions been answered accurately, the requested licenses and/or permits would have been issued.
4.	In modifying this Order, the Board notes the objection by the State Fire Marshal's Office.

CONCLUSIONS OF LAW AND DETERMINATIONS
ON MOTION FOR REVIEW OF LICENSE SUSPENSION

1.	In accordance with Fire Safety Code Section 450-RICR-00-00-1.7.5(C), the Board hereby MODIFIES the State Fire Marshal's Office Suspension Order dated February 28, 2020 as follows:
a.	The Appellant is hereby subject to a period of SUSPENSION for a period of thirty (30) days from the date of the initial Order (February 28, 2020) as it relates to Certifications of Registration / Permit to Service Portable Fire Extinguishers  19SFM-45.2-PM; Permit to Service Fixed Extinguishing Systems  19SFM-33.A3-PM; and, Journeyman License  JPE-78 and JFE-56.
b.	The Appellant is hereby subject to a period of PROBATION for a period of one (1) year, consecutive to the probationary period set forth in Decision  190163, commencing December 1, 2021 as it relates to Certifications of Registration / Permit to Service Portable Fire Extinguishers  19SFM-45.2-PM; Permit to Service Fixed Extinguishing Systems  19SFM-33.A3-PM; and, Journeyman License  JPE-78 and JFE-56.
i.	If during this probationary period that future violations of the Rhode Island State Fire Safety Code by the Appellant occur relating to portable or fixed fire extinguishing fire equipment, the State Fire Marshal's Office is authorized to institute any disciplinary proceedings as authorized by RIFC section H.13.6.7.5.8.
ii.	If this probationary period is completed without future violations of the Rhode Island State Fire Safety Code by the Appellant relating to portable or fixed fire extinguishing fire equipment, the State Fire Marshal's Office shall take no further action.

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned matter.
2.	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth Division of the District Court.  (See: Fire Safety Code, sections 450-RICR-00-00-1.7.2(R) and 450-RICR-00-00-1.7.5(C)).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].