CERTIFICATION OF RECORD

01F-R0203-ROC · Registrar of Contractors · 2002-07-17

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 MARICOPA

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 the original record. Done this ___ day of July, 2002

_________________________________ Cruz A. Serrano Custodian of the Records

A F F I D A V I T

STATE OF ARIZONA ) ) COUNTY OF MARICOPA )

Cliff 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 Cruz A. Serrano 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 July, 2002

___________________________________ CLIFF VANELL OFFICE OF ADMINISTRATIVE HEARINGS

Subscribed and Sworn to before me this ________day of July, 2002

___________________________________ NOTARY PUBLIC

My Commission Expires:_______________________

A copy of the INDEX of RECORD on REVIEW and documents, delivered on this _____ day of July, 2002 to:

Superior Court Maricopa County 101/201 W. Jefferson (ECB-CCB) Phoenix, Arizona 85003-2205

A copy of the INDEX of RECORD on REVIEW, mailed on this _____ day of July, 2002 to:

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

Monty Lee Attorney General’s Office 1275 West Washington Phoenix, Arizona 85007

Honorable Michael D. Jones Superior Court Maricopa County 101/201 W. Jefferson (ECB-CCB) Phoenix, Arizona 85003-2205

E T W Group Inc. 288 N. Ironwood Drive, Ste. 103 Apache Junction, Az. 85220

Geyer Construction P.O. Box 4228 Apache Junction, Arizona 85278

Aaron Kizer 411 N. Central Avenue, Ste. 520 Phoenix, Arizona 85004-2133

By ___________________________

INDEX of RECORD on REVIEW

Superior Court No. CV2002-011218

Notice of Appeal

1. Minute Entry from Superior Court, dated 6/20/02

Original Agency Action From Which Review is Sought : A.R.S. §12-904(B)(1)

2. Sign-In Sheet for the hearing held on March 28, 2002 3. Sign-In Sheet for the hearing held on February 4, 2002 4. Notice of Hearing issued by the Registrar of Contractors for the hearing held on February 4, 2002

Motions, Memoranda or Other Documents Submitted by the Parties to the Appeal: A.R.S. §12-904(B)(2)

5. Order Denying Continuance issued by Mark A. Silver, Administrative Law Judge dated March 11, 2002 6. Response to Motion to Continue issued by Mary DeLaat Williams dated March 8, 2002 7. Letter dated March 5, 2002 from Nancie E. Schenk requesting a response to the Motion to Continue 8. Motion to Continue Administrative Hearing submitted by Aaron Kizer, dated March 1, 2002 9. Order Granting Continue issued by Mark A. Silver, Administrative Law Judge dated February 4, 2002 10. Order Denying Continuance issued by Mark A. Silver, Administrative Law Judge dated January 30, 2002 11. Response to Motion for Continuance submitted by Marc H. Harris dated January 29, 2002 12. Letter dated January 24, 2002 from Nancie E. Schenk 13. Motion to Continue Administrative Hearing submitted by Aaron Kizer, dated January 23, 2002 14. Inter-Agency request for hearing dated November 5, 2001 15. Copy of file as submitted by the Registrar of Contractors

Exhibits Admitted as Evidence at the Administrative Hearing: A.R.S. § 12- 904(B)(3); Exhibits Offered, but not Admitted or Withdrawn

16. Administrative Law Judge’s Exhibit lists

Respondents Exhibits

17. Exhibit A. Acknowledgment of Payment and Release of All Claims, dated February 28, 2002 18. Exhibit B. Award of Arbitrators dated December 14, 2000

Complainants Exhibits

19. Complainant’s List of Exhibits 20. Exhibit 1. Copy of Complaint for dated May 11, 2000 with attached invoices 21. Exhibit 2. Copy of computer screen printout dated July 17, 2000 regarding the Class B-01 License issued to S G G Enterprise Incorporated 22. Exhibit 3. Notice of disassociation dated October 12, 2000 23. Exhibit 4. Order issued by the Registrar of Contractors regarding docket number 00F-M1573-ROC (Esparza’s Finish Carpentry –v- S G G Enterprise, Inc.) 24. Exhibit 5. Copy of computer screen print-out dated June 13, 2001 regarding the Class B-01 license with copy of license application 25. Exhibit 6. Copy of computer screen print-out dated June 13, 2001 regarding the Class B-01 license issued to E T W Group 26. Exhibit 7. Copy of application for the Class B-1 license issued to S G G Enterprise Incorporated 27. Exhibit 8. Letter dated April 10, 2001 from the Registrar of Contractors advising of the license revocation for the Class B-01 License of S G G Enterprises

Administrative Law Judge Decision and any Revisions or Modifications: A.R.S. §12-904(B)(4)

28. Order issued by the Registrar of Contractors dated May 2, 2002 29. Recommended Decision of the Administrative Law Judge dated March 29, 2002

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).

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826