CERTIFICATION OF RECORD (completed beyond 30 days due to review of

01F-L0225-ROC · Registrar of Contractors · 2002-03-07

Cliff J. Vanell, Director Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 Telephone Number: 602-542-9826

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

|Better Plumbing by Farr, inc., |§| | |a corporation, |§|cIVIL Case No. 2002 CV 7019 | | |§| | |Plaintiff, |§| | | |§| | |vs. |§|RECORDs | | |§| | |The State of Arizona, by and through|§| | |Michael Goldwater, the Registrar of |§|OAH NO. 01F-L0225-ROC | |Contractors; John Sylvester and |§| | |darlene Sylvester, husband and wife,|§| | | |§| | |Defendant. |§| | | |§| | | |§| | | |§| | | |§| | | |§| | | |§| | | |§| | | |§| | IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF Mohave | | | | |Better Plumbing by Farr, inc., |§|No. 2002 CV 7019 | |a corporation, |§| | | |§|CERTIFICATION OF RECORD ON REVIEW | |Plaintiff, |§| | | |§|RECORD OF ADMINISTRATIVE HEARING | |vs. |§|OAH No. 01F-L0225-ROC | | |§| | |The State of Arizona,by and |§| | |throught Michael Goldwater, the|§| | |Registrar of Contractors;John |§| | |Sylvester and darlene |§| | |Sylvester, husband and wife, |§| | | |§| | |Defendant. |§| | | |§| | | |§| | | |§| | | |§| | | |§| | | |§| |

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 March, 2002

_______________________________ 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 _______________________, 2002.

___________________________________ CLIFF J. VANELL OFFICE OF ADMINISTRATIVE HEARINGS

Subscribed and Sworn to before me this ________day of ____________________, 200 .

___________________________________ NOTARY PUBLIC My Commission Expires:_______________________

A copy of the INDEX of RECORD on REVIEW and documents, delivered on ________________, to Superior Court No. 2002 CV 7019

Mohave County Superior Court 401 E. Spring St. P.O. Box 7000 Kingman, AZ 86402-7000

A copy of the INDEX of RECORD on REVIEW, mailed on _________________, to:

Michael P. Goldwater Registrar of Contractors 800 West Washington,6th Floor Phoenix, AZ 85007

Christopher Hossack 3636 N. Central Ave., Suite 810 Phoenix, AZ 85012

John and Darlene Sylvester P.O. Box 2812 Lake Havasu City, AZ 86405

Denis R. Malm 2240 McCulloch Boulevard Lake Havasu City, AZ 86405

By: Index of Record on review Office of Administrative Hearings Docket No. 01f-L0225-ROC Mohave County Superior Court Case No. 2002 CV 7019

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

NOTICE OF APPEAL

2. Notice of Filing Complaint for Judicial Review of Administrative Decision filed by the Attorney for the Respondent, Better Plumbing by Farr, Inc., Christropher D. C. Hossack, dated 2/8/2000, received by OAH 2/13/2001. 3. Summons and documentation received by OAH 2/15/2002.

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

4. Request for Hearing filed by the Registrar of Contractors dated 7/26/2001, received 7/31/2001. 5. Notice of Hearing, received by OAH 8/6/2001.

6. Sign in sheet for hearing held on October 16, 2000, at 1:30 p.m.

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

7. Request for Response issued by OAH re: Request for Unconsolidation of Docket no. 01f-L0225-roc and 01f-L0229-roc filed by the Complainant dated 8/6/2001, received by OAH 8/13/2001.

8. Notice of Appearance filed by the Attorney for the Respondent, Better Plumbing by Farr, Inc., Christopher D. C. Hossack, dated 10/4/2001, received by OAH 10/5/2001.

9. Correspondence to ALJ Lang from the Complainants, John and Darlene Sylvester (Respondent copied) dated 10/8/2001, received by OAH 10/9/2001.

10. Request for Response issued by OAH re: Request for Rehearing and Request for Stay filed by the Attorney for the Respondent dated 12/10/2001, received by OAH 12/11/2001.

11. Response to the Motion for Rehearing and Motion for Stay filed by the Complainants, dated 12/16/2001, received by OAH 12/18/2001.

12. Correspondence to the Complainants from the Respondent dated 12/20/2001, received by OAH 12/26/2001.

13. Correspondence to ALJ Douglas from the Complainants dated 12/21/2001, received by OAH 12/21/2001.

14. Notice of Compliance with Portion of Registrar’s Order dated 14 November 2001 file by the Attorney for the Respondent dated 3/1/2002, received by OAH 3/4/2002.

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

Exhibit 1: Video (not admitted maintained by Complainant)

15. Exhibit 2: Statement on Roof Leak from Steven Galea

16. Exhibit 3: Correspondence from Brian J. Poole dated 10/13/2001 (notarized).

17. Exhibit 4: Contractor Statement from Troy Pitts (notarized).

18. Exhibit 5: Inspector Corlett notes re: L99-0172 dated 10/14/99.

19. Exhibit 6: Frontier Adjusters of Lake Havasu Property Damage estimate and floorplan.

20. Exhibits 7-13: Photos (originals enclosed)

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

21. Order issued by OAH ALJ M. Douglas, dated 9/4/2001.

22. Recommended Decision and Order and Letter from the Director of OAH transmitting the recommendation to the Director of The Registrar of Contractors dated 10/30/2001.

23. Decision made by the Director of Registrar of Contractors: Decision adopting the ALJ’s Recommended Decision and Order, received by OAH on 11/14/2001 and 11/19/2001.

24. Recommended Order Denying Petition for Rehearing issued by ALJ M. Douglas dated 12/18/2001.

25. Denial of Petition for Rehearing issued by the Registrar of Contractors dated 1/7/2002, received by OAH 1/7/2002 and 1/10/2002.

Transcript: A.R.S. §12-904(B)(5)

26. Correspondence from Attorney for the respondent requesting a copy of the hearing proceedings dated 2/8/2002, received by OAH 2/8/2002.

Although the transcript has been designated as part of the record by Appellant pursuant to A.R.S. §12-909(A), or has been requested pursuant to A.R.S. §12-904(B)(5), no transcript has been submitted by either party at this time. Upon submittal to the Office of Administrative Hearings, the record will be supplemented.

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