CERTIFICATION OF RECORD

00F-RF0256-ROC · Registrar of Contractors · 2001-05-03

Cliff J. Vanell, Director Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 Telephone No. 602-542-9826

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF Pima

|Thomas McMurren, a single man, |§| | | |§|Case No. c20011552 | |Plaintiff, |§| | | |§| | |vs. |§|RECORDs | | |§| | |state of arizona ex rel. arizona |§|OAH No. 00f-rf0256-roc | |registrar of contractors, a public |§| | |entity; jmc builders, inc. an Arizona |§| | |Corporation, Licensee no. 120844, |§|Assigned to: | |Class B-, |§|Honorable Lina S. Rodriguez | | |§| | |Defendants. |§| | | |§| | | |§| | | |§| | | |§| | | |§| | | |§| | | |§| | IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF pima | |§| | |Thomas McMurren, a single man, |§|Case No. C20011552 | | |§| | |Plaintiff, |§|CERTIFICATION OF RECORD ON REVIEW| | |§| | |vs. |§|RECORD OF ADMINISTRATIVE HEARING | | |§|OAH No. 00f-rf0256-roc | |state of arizona ex rel. arizona |§| | |registrar of contractors, a public |§| | |entity; jmc builders, inc. an Arizona|§| | |Corporation, Licensee no. 120844, |§| | |Class B-, |§| | | |§| | |Defendants. |§| | | |§| | | |§| | | |§| | | |§| | | |§| | | |§| | | |§| | | |§| |

CERTIFICATION OF RECORD ON REVIEW

The undersigned, pursuant to Rule 5 (a) Rules of Procedure for Judicial Review of Administrative Decisions, and pursuant to A.R.S. 12- 904(B), hereby files with the Clerk of the Superior Court, the record and exhibits of the prior administrative hearing in the above entitled matter. The materials are accurate copies of the original record.

Done this 7th, day of May, 2001.

_______________________________ Michelle L. Stucker Custodian of the Records

AFFIDAVIT

STATE OF ARIZONA ) ) COUNTY OF Pima )

Cliff J. Vanell, being first duly sworn upon his oath deposes and says: That he is the duly appointed Director of the Office of Administrative Hearings for the State of Arizona and that Michelle L. Stucker is an employee of this agency and one of the custodians of the records and as such is authorized to search the files of the agency and to execute the attached affidavit and/or certification. The attached document bears the true and genuine signature of the employee whose name appears thereon.

WITNESS MY HAND AND SEAL OF THIS OFFICE this ______day of _______________________, 2001.

___________________________________ CLIFF J. VANELL OFFICE OF ADMINISTRATIVE HEARINGS

Subscribed and Sworn to before me this ________day of ____________________, 2001.

___________________________________ NOTARY PUBLIC My Commission Expires:_______________________

A copy of the INDEX of RECORD on REVIEW and documents, hand delivered on ________________, to Superior Court No. C20011552

Pima County Superior Court 115 N. Church Ave., Tucson, AZ 85701

A copy of the INDEX of RECORD on REVIEW, mailed on this ___ day of ____________, 2001, to:

Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

Karl MacOmber, Esq. 1820 East River Road, Suite 230 Tucson, AZ 85718

Melissa Cornelius Assistant Attorney General 1275 West Washington Street Phoenix, AZ 85007

By ___________________________

Index of Record on review Office of Administrative Hearings Docket Nos. 00f-rf0256-roc Pima County Superior Court Case No. C20011552

1. Affidavit Signed by Cliff J. Vanell, Certification signed by Michelle L. Stucker, Certification of Review and Index.

NOTICE OF APPEAL

2. Copy of Summons and Complaint for Judicial Review of Administrative Decision, filed by Karl MacOmber, Esq., received by OAH 4/6/2001. 3. Appeal Processing Sheet received by OAH 4/10/2001. 4. Fax cover request from Assistant Attorney General Melissa Cornelius with a copy of Summons, Complaint for Judicial Review of Administrative Decision, and Certificate on Compulsory Arbitation dated 4/26/2001, received by OAH 4/26/2001.

ORIGINAL AGENCY ACTION FROM WHICH REVIEW IS SOUGHT: A.R.S. 12-904(B)(1)

5. Request for Hearing and documentation of ROC file filed by the Registrar of Contractors dated 10/18/2000, received by OAH on 10/23/2000.

6. Notice of Hearing issued by the Registrar of Contractors dated 11/2/2000, received by OAH on 11/6/2000.

7. Sign in sheet for hearing held on February 14, 2001, at 8:30 a.m.

MOTIONS, MEMORANDA OR OTHER DOCUMENTS SUBMITTED BY THE PARTIES TO THE APPEAL: A.R.S. 12-904(B)(2)

8. Minute entry Case no. Complainant-329157 dated 7/20/2000, received by OAH 11/14/2000.

9. Entry of Appearance filed by Assistant Attorney General, Eva Bacal dated 11/13/2000, received by OAH 11/14/2000.

10. Request for Response issued by OAH 12/1/2000 and the Motion to Continue Hearing dated 11/30/2000, received by OAH 12/1/2000.

11. Return envelope dated 12/19/2000 and Respondent’s (JMC) copy of Request for Response issued by OAH 12/1/2000 and the Motion to Continue Hearing dated 11/30/2000, received by OAH 12/1/2000.

12. Return envelope dated 12/20/2000 and Respondent’s (JMC) copy of Order Granting Continuance dated 12/13/2000.

13. Estimate documents filed by Tom McMurran, received by OAH 1/12/2001.

14. Request for Response issued by OAH 1/18/2001 and the Motion to Continue Hearing dated 1/16/2001, received by OAH 1/18/2001.

15. Return envelope dated 12/26/2000 and Complainant’s (McMurran) copy of Request for Response issued by OAH 1/18/2001 and the Motion to Continue Hearing dated 1/16/2001, received by OAH 1/18/2001.

EXHIBITS ADMITTED AS EVIDENCE AT THE ADMINISTRATIVE HEARING: A.R.S. 12-904(B)(3)

16. Administrative Law Judge’s exhibit list.

Exhibits Offered by Tom McMurran:

17. Exhibit 1: Bids (Deebet Construction)

18. Exhibit 2: Bid (Deebet Construction)

19. Exhibit 3: Bid (Deebet Construction)

20. Exhibit 4: Bid (Deebet Construction)

21. Exhibit 5: Data Sheet

22. Exhibit 6: Contractor Agreement dated 1/21/1998.

23. Exhibit 7: JMC Builders’ Estimate

24. Exhibit 8: JMC Builders’ “Work Change Order”

25. Exhibit 9: Arizona Partial release of Lien

26. Exhibit 10: Letter dated 4/30/1998

27. Exhibit 11: Quit-Claim Deed dated 4/14/1998

28. Exhibit 12: Contract Price and Payments to JMC

29. Exhibit 13: Minute Entry dated 4/20/2000

Exhibits Offered by JMC Builders: 30. Exhibit A: Letter dated 3/26/1998

31. Exhibit B: Complaint Case no. C329157, dated 10/2/1998

32. Exhibit C: Corrective Work Order dated 9/18/1998

33. Exhibit D: Copy of Check dated 4/14/1998

34. Exhibit E: Arizona Partial Release of Lien

Exhibits Offered by State of Arizona ROC:

35. Exhibit A-1: Inspection report dated 7/17/2000

36. Exhibit A-2: Bid (Deebet Construction)

ADMINISTRATIVE LAW JUDGE DECISION AND ANY REVISIONS OR MODIFICATIONS: A.R.S. 12-904(B)(4)

37. Order Granting Continuance issued by Administrative Law Judge M. Douglas dated 12/13/2000.

38. Order Granting Continuance issued by Administrative Law Judge M. Douglas dated 1/29/2001.

39. Recommended Decision and Order and Letter from the Director of OAH transmitting the recommendation to the Registrar of Contractors, dated 2/23/2001.

40. Decision made by the Director of the Registrar of Contractors: Decision and Order adopting with modification the ALJ’s Recommended Decision and Order, dated 3/15/2001, received by OAH on 3/15/2001.

Transcript: A.R.S. §12-904(B)(5)

Transcript not designated as part of the record by Appellant pursuant to A.R.S. §12-909(A), nor requested by any party pursuant to A.R.S. §12- 904(B)(5). -----------------------

Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488