2023A-03173-CHC-ROC Notice of Hearing and Packet MAILED

2023A-03173-CHC-ROC · Registrar of Contractors · 2023-08-31

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kristin Hasting , Case No. 2023-03173 COMPLAINANT, Docket No. 2023A-03173-CHC-ROC v. NOTICE OF HEARING ON Yavapai Landscaping LLC CONTESTED CASE License No. ROC 336082,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: October 10, 2023 1:00 PM Brian Del Vecchio Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction

contractors is a proper state function, and has vested authority in the Registrar of Contractors

to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.

All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on August 3, 2023.

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):

Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of

any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and

processes governing the administrative hearing. Copies of the statutes, rules, and articles

regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date. HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04. DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure- statement.

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The

written agreement must be filed with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’

web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

In any case which is resolved or settled by the parties, or which is withdrawn by the

Complainant without objection from Respondent after the Notice of Hearing is issued, the

parties must notify the Office of Administrative Hearings of the resolution or settlement. Any

such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated August 30, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail August 30, 2023 to: Respondent(s) Yavapai Landscaping LLC 303 East Gurley St #407 Prescott, AZ 86301 Complainant(s) Kristin Hasting 7070 Sienna Place Prescott, AZ 86305

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2023-03173 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Kristin Hasting 7070 Sienna Place Prescott, AZ 86305

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Yavapai Landscaping LLC 303 East Gurley St #407 Prescott, AZ 86301

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

March 21, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-03173

Dear Complainant and Respondent:

A formal complaint has been filed with the Arizona Registrar of Contractors.

A jobsite inspection is scheduled for April 10, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

/s/ Jim Dimond #170 Jim Dimond #170, Investigator 1700 W. Washington St., Suite 105/Yavapai County Phoenix, Arizona, 85007 Phone: (602)542-1525 Office: (928)637-1463 Cell: (623)680-9585 Fax: (602)542-3919 Email: [email redacted]

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

A Guide to Jobsite Inspections

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: Only investigate the items listed on the complaint form filed with the Registrar. Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2023-03173 Investigator: Jim Dimond Inspection Date: April 10, 2023 Inspection Time: 9:00 AM

Complainant: Kristin Hasting Respondent: Yavapai Landscaping LLC

Nate Green, owner Ted Harris, Super

Not Present: Not Present:

Jobsite General Notes:

I took pictures at the inspection with my state issued Google Pixel 6Pro cellphone and I have uploaded the pictures to the complaint document file.

I also recorded the inspection with my state issued Olympus DS-30 digital audio recorder and I have uploaded the recording to the complaint document file.

Complaint Item: 1 - Two gas lines installed under paver patio without permit, inspection or pressure testing. Violation issued.

Investigator’s Observation: There are 2 lines present stubbed out on the paver patio.

It was installed without a permit and the complainant has indeed received a violation.

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The respondent relayed that they cannot obtain a permit prior to the inspection as the complainant is being required by the City of Prescott to sign a document titled: Surface and Overhead Avigation Easement. The complainant indicated that she was not willing to sign the document.

This document has to do with the existence of the Prescott airport which is in close proximity to the complainant’s neighborhood.

Apparently this document was not part of the original sales document package and according to the city of Prescott, should have been.

While the violation did occur, the respondent is unable to remedy the issue and the violation would not be sustainable at an administrative hearing.

Governing Rule: A violation cannot be sustained regarding this item

Complaint Item: 2 - Poor quality workmanship on block wall mortar; mortar wiped on wall, excess mortar left in joints, discolored.

Investigator’s Observation: The original brown masonry wall at the back of the yard, had the top 4 courses demo'ed and one course reinstalled and the columns brought to height. Wrought iron panels were installed.

At issue is the mortar color which is gray and the block is brown.

The respondent pointed out that the north wall also had a gray mortar on an added course. That wall would be directed for correction to for whoever installed it.

The respondent is to correct only the back east wall and column mortar color in an appropriate manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 3 - Mortar and brick left on property and HOA property Investigator’s Observation: I did not observe this condition on the property.

Governing Rule: A violation cannot be sustained regarding this item

Complaint Item: 4 - Mix of two types of pavers used; contract specifies (and charged) for installation of more expensive flat top pavers for entire back yard.

Investigator’s Observation: I reviewed the contract and the Belgard web site.

The contract specifies "Cat" stone.

The Belgard website shows many different varieties of Catalina.

Additionally, in nearly all of the installations have a different style of border/soldier course paver.

This installation is no different.

There is insufficient evidence to support a violation regarding this item at this time.

Governing Rule: A violation cannot be sustained at this time

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Complaint Item: 5 - Overall project not installed according to plan (original or revised); just simply installed how they crew wanted as there was no supervision/oversight. This resulted in a sod area of 2000 sq feet versus the 1200 sq feet conveyed in writing and during in person review of property prior to start of project.

Investigator’s Observation: The installation generally resembles the drawing present.

As to the sod, there is not 2000' there is approximately 1080' (54 X 20). Due to the radius' present, the square footage could certainly be closer to 1200 sq. ft.

With radius areas, the 1200’ would be an estimate.

Supervision would be a customer service issue that the ROC lacks authority to adjudicate.

The complainant also maintains that there is supposed to be 3' ' from the wall to any vegetation' and she maintains that violating this voids her warranty.

The document provided does not support this. The document states to not place vegetation within 36" of the stem wall. This is the wall that supports the home. Violation of this provision voids the termite pretreat warranty.

This is not the wall in question. The wall in question is the north wall and it is a perimeter fence and not the stem wall.

This wall is also not subject to termite pretreatment.

The complainant provided a document from the Builder

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

A violation cannot be sustained regarding this item

Governing Rule: A violation cannot be sustained regarding this item

Complaint Item: 6 - HOA CCRs disregarded by company. Approval for project submitted after the fact. And resulted in inability to place a shed in only location available. This is due to the excessive sod area, placement of paver pathway and a drain.

Investigator’s Observation: The contract does not call out for HOA consideration nor is shed placement contracted.

There was discussion about a shed at the inspection however there was no contractual obligation presented.

The sod area was not excessive as alleged.

No action is required of the respondent.

Governing Rule: A violation cannot be sustained regarding this item

Complaint Item: 7 - Rose garden area was specified to accommodate approximately 25 roses; it is half this size.

Investigator’s Observation: The drawing that the complainant had at the inspection calls for a quantity of 10 five gallon roses.

There are no roses present.

Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another

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without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

Complaint Item: 8 - Questions regarding installed irrigation have gone unanswered: why seven zones, where do they go, is the time clock programmed, why two backflows, why no pressure regulator/filters for drip zones,

Investigator’s Observation: The irrigation appears to be installed in an appropriate manner and has provisions for future additions.

It was not demonstrated that the installation is improper.

Governing Rule: A violation cannot be sustained regarding this item

Complaint Item: 9 - I have no mound in the backyard (but two rocks?) Investigator’s Observation: No mound is present but is contracted.

The respondent is to correct the condition in an appropriate manner.

Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Kristin Hasting 7070 Sienna Place Prescott, AZ 86305

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Yavapai Landscaping LLC 303 East Gurley St #407 Prescott, AZ 86301

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

June 6, 2023

License No. ROC 336082

Re:Complaint No. 2023-03173

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on June 23, 2023.

RESTRICTIONS You may not perform or hire other contractors to perform work that is outside the scope of your license. If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS

You are directed to remedy the following violations by the appropriate means:

Compliance Item: 2 - Poor quality workmanship on block wall mortar; mortar wiped on wall, excess mortar left in joints, discolored.

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

At issue is the mortar color which is gray and the block is brown.

The respondent pointed out that the north wall also had a gray mortar on an added course. That wall would be directed for correction to for whoever installed it.

The respondent is to correct only the back east wall and column mortar color in an appropriate manner.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 7 - Rose garden area was specified to accommodate appromixately 25 roses; it is half this size.

Investigator’s Observation: The drawing that the complainant had at the inspection calls for a quantity of 10 five gallon roses.

There are no roses present.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Compliance Item: 9 - I have no mound in the backyard (but two rocks?)

Investigator’s Observation: No mound is present but is contracted.

The respondent is to correct the condition in an appropriate manner.

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Compliance Item: 1 - Two gas lines installed under paver patio without permit, inspection or pressure testing. Violation issued.

Investigator’s Observation: There are 2 lines present stubbed out on the paver patio.

It was installed without a permit and the complainant has indeed received a violation.

The respondent relayed that they cannot obtain a permit prior to the inspection as the complainant is being required by the City of Prescott to sign a document

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

titled: Surface and Overhead Avigation Easement. The complainant indicated that she was not willing to sign the document.

This document addresses the existence and proximity of the Prescott airport as it is very close to the complainant’s neighborhood.

Apparently this document was not part of the original sales document package and according to the city of Prescott, should have been.

While the violation did occur, the respondent is unable to remedy the issue and the violation would not be sustainable at an administrative hearing.

Governing Rule: A violation cannot be sustained regarding this item

Compliance Item: 3 - Mortar and brick left on property and HOA property

Investigator’s Observation: I did not observe this condition on the property.

Governing Rule: A violation cannot be sustained regarding this item

Compliance Item: 4 - Mix of two types of pavers used; contract specifies (and charged) for installation of more expensive flat top pavers for entire back yard.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Investigator’s Observation: I reviewed the contract and the Belgard web site.

The contract specifies "Cat" stone.

The Belgard website shows many different varieties of Catalina.

Additionally, in nearly all of the installations have a different style of border/soldier course paver.

This installation is no different.

There is insufficient evidence to support a violation regarding this item at this time.

Governing Rule: A violation cannot be sustained regarding this item

Compliance Item: 5 - Overall project not installed according to plan (original or revised); just simply installed how they crew wanted as there was no supervision/oversight. This resulted in a sod area of 2000 sq feet versus the 1200 sq feet conveyed in writing and during in person review of property prior to start of project. Investigator’s Observation: The installation generally resembles the drawing present.

As to the sod, there is not 2000' there is approximately 1080' (54 X 20). Due to the radius' present, the square footage could certainly be closer to 1200 sq. ft.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Supervision would be a customer service issue that the ROC lacks authority to adjudicate.

The complainant also maintains that there is supposed to be 3' ' from the wall to any vegetation' and she maintains that violating this voids her warranty.

This is not the wall in question. The wall in question is the north wall and it is a perimeter fence and not the stem wall.

This wall is also not subject to termite pretreatment.

The complainant provided a document from the Builder

A violation cannot be sustained regarding this item

Governing Rule: A violation cannot be sustained regarding this item

Compliance Item: 6 - HOA CCRs disregarded by company. Approval for project submitted after the fact. And resulted in inability to place a shed in only location available. This is due to the excessive sod area, placement of paver pathway and a drain.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Investigator’s Observation: The contract does not call out for HOA consideration nor is shed placement contracted.

There was discussion about a shed at the inspection however there was no contractual obligation presented.

The sod area was not excessive as alleged.

No action is required of the respondent.

Governing Rule: A violation cannot be sustained regarding this item

Compliance Item: 8 - Questions regarding installed irrigation have gone unanswered: why seven zones, where do they go, is the time clock programmed, why two backflows, why no pressure regulator/filters for drip zones,

Investigator’s Observation: The irrigation appears to be installed in an appropriate manner and has provisions for future additions.

It was not demonstrated that the installation is improper.

Governing Rule: A violation cannot be sustained regarding this item

Please direct all questions regarding this Directive to the undersigned Investigator.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Sincerely,

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Kristin Hasting 7070 Sienna Place Prescott, AZ 86305

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: Yavapai Landscaping LLC 303 East Gurley St #407 Prescott, AZ 86301

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 July 5, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-03173

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for July 14, 2023 at 12:00 PM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kristin Hasting, Case No. 2023-03173 COMPLAINANT, v. Yavapai Landscaping LLC, CITATION License No. ROC 336082, and 306954 RESPONDENT.

The Registrar issues this Citation to Yavapai Landscaping LLC, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 18, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On March 15, 2023, Kristin Hasting, (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating:

Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F).

FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-03173. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 18, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings.

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated August 3, 2023. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 3, 2023 to:

Respondent Certified Mail No: [number redacted]

Yavapai Landscaping LLC 303 E Gurley St #407 Prescott, AZ 86301-3804 Copy mailed by USPS First Class mail this same date to:

Respondent Yavapai Landscaping LLC 303 E Gurley St #407 Prescott, AZ 86301-3804 Complainant Kristin Hasting 7070 Sienna Place Prescott, AZ 86305

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2023-03173 of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Kristin Hasting Mailing Address (Enter jobsite in Contract/Project section) City State Zip

7070 Sienna Place Prescott Arizona 89044 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Yavapai Landscaping LLC ROC 336082 Street Address City State Zip

303 East Gurley St #407 Prescott AZ 86301 Phone Number Email

[number redacted] Name of Person(s) Representing License

Nathaniel Green Contract/Project Information Contract Date Contract Amount Amount Paid

December 25, 2022 $30,213.50 $30,750.00 Date Work Started Date Work Stopped Date Work Was Completed

January 30, 2023 February 23, 2023 February 23, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

7070 Sienna Place Prescott AZ 86305 Name of Construction Site Owner Construction Site Name (if applicable)

Kristin Elizabeth Hasting Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Poor Work;Other I have contacted the contractor by Phone/Text;Email;Letter Have you filed a complaint in court? No Has any work been corrected? No

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

The contract was Written All change orders were Both This project was Residential This project involved Other outside landscaping including paver installation, gas lines extended, block wall view panels, irrigation A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Two gas lines installed under paver patio without permit, inspection or pressure testing. Violation issued. Poor quality workmanship on block wall mortar; mortar wiped on wall, excess mortar left in joints, discolored. Mortar and brick left on property and HOA property Mix of two types of pavers used; contract specifies (and charged) for installation of more expensive flat top pavers for entire back yard. Overall project not installed according to plan (original or revised); just simply installed how they crew wanted as there was no supervision/oversight. This resulted in a sod area of 2000 sq feet versus the 1200 sq feet conveyed in writing and during in person review of property prior to start of project. HOA CCRs disregarded by company. Approval for project submitted after the fact. And resulted in inability to place a shed in only location available. This is due to the excessive sod area, placement of paver pathway and a drain. Rose garden area was specified to accommodate appromixately 25 roses; it is half this size. Questions regarding installed irrigation have gone unanswered: why seven zones, where do they go, is the time clock programmed, why two backflows, why no pressure regulator/filters for drip zones, I have no mound in the backyard (but two rocks?)

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Kristin Hasting \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Cash payments:

I purchased my home as a new construc�on build in January 2023. I toured the neighborhood several �mes during the build process and met my new neighbors. I also received recommenda�ons for landscaping contractors, even reviewing completed projects in my subdivision.

I selected Yavapai Landscaping based on the paver work that I had seen and liked. Ini�ally I was living in Henderson, NV but then moved temporarily to Kingman AZ while wai�ng for my house to be ﬁnished. Ted Ferris, the Yavapai salesperson recommended by neighbors, exchanged mul�ple emails and texts regarding the proposed project for my home at 7070 Sienna Place, Prescot, AZ 86305 during the period I did not yet reside here.

Eventually we met at the house and walked the property making addi�onal changes to the original plot plan. It was further discussed that HOA paperwork, ﬁnal contract and updated plans were all to be in order prior to the start of the project. He assured me that his oﬃce staﬀ handled all of the necessary paperwork and permits as Yavapai Landscaping was the largest and busiest company in the county. In fact they sold sod to most of the other landscapers and were building a paver factory. He assured me that all of the necessary changes had been had been made on his notes during this in person mee�ng.

The actual “revised” contract was sent via a docusign program which I cannot retrieve. Many promises were made prior to the signing of the contract, such as being able to make plant selec�on and boulder selec�on by visi�ng the nursery and supply yard. There were oﬀers to view other completed projects that included ﬁrepits, pizza ovens and water features. These never came to frui�on.

Any and all promises, plus contractual agreement evaporated once the contract was signed. Ted vanished except to hound me for cash. A ten person crew appeared (while I was working during the day) and quickly installed the vast majority of the job outlined in the ini�al contract. Ted con�nued to text and call (o�en �mes up un�l 8 pm (and I turned my phone oﬀ) demanding addi�onal cash payments made personally to him. At this point I atempted to pay the oﬃce by check and the invoices reﬂected a 20% surcharge if I paid with another check.

To prove that point, these are the sequen�al dates of payments:

12/28: Cash payment directly made to Ted Ferris as “deposit for start date” > $7500.

1/30: Cash payment directly made to Ted Ferris as “payment to start job” > date: $7500 (he wanted $15,000; I refused)

(In one week, the pavers were installed. my front yard was landscaped and the block wall was prepared for view panels; I was s�ll asking for revised documents; clariﬁca�on of issues. Ted was out of town and unavailable.)

2/3: Cash payment directly made to Ted Ferris as the harassment was unbelievable > $7500.

2/17: Check payment made to oﬃce for front yard plant materials > $3250 (I immediately was harassed for providing a check, not cash. See my notes and the subsequent invoice changes. I do have this invoice. And can provide the cancelled check. The vegeta�on is in the front yard. No, it is not correct or acceptable. But I am not oﬃcially contes�ng the work in the front yard. I am working with (paying) another licensed contractor to move those plants while there is an opportunity.) 2/20: Cash payment made to oﬃce for the retaining wall. > $500 *** NOTE how the wording is now diﬀerent on this invoice a�er I gave them a check! Cash price $500; check price $600; a 20% markup! (Also, it isn’t a retaining wall. And it isn’t a baby blue Colorado spruce; just two other total disappointments).

3/3: Cash payment made to oﬃce for view panels installed (third party subcontractor) > $4500 (a�er more harassing texts from Ted to cover cost of view panels.

Terms are outlined on the page I have copied for you (25% at signing, 50% at start, 25% at comple�on

Addi�onal informa�on in contract about discounts if paying by check, cash or credit card.

Other comments: When asked why cash payments were required, the response was that Yavapai Landscaping pays its employees in a cash and has a substan�al payroll to meet. Obtaining that large of quan�ty of cash makes it necessary. Yavapai Landscaping LLC 303 East Gurley St. #407 Prescott, AZ 86301 +1 [number redacted] [email redacted]

BILL TO INVOICE 14228 Kristin Hasting DATE 02/20/2023 TERMS 7070 Sienna Pl Completion of Job Prescott, AZ 86305 DUE DATE 02/20/2023

ACTIVITY QTY RATE AMOUNT Retaining Wall 1 500.00 500.00 belgard decorative retaining wall block 5-6" long Westin Sierra Sone

(placed in front of baby blue colorado spruce

***CASH PRICE 500 ***CHECK PRICE 600 Payment in Cash 1 - -500.00 Date of Payment: 2/28/23 500.00 Recipient: JMB Amount of Payment: $500

The parties agree to resolve any dispute that can't be agreed on, through the use of a private mediator. If the dispute is not resolved by mediation the parties agree to submit to binding arbitration using a single arbitrator. Mediation and arbitration are the only procedures use to remedy any disagreement. Deposits are non-refundable for any supplies purchased for work & for customer cancellations made after 72 hrs from the signing of the estimate/invoice. If a discovery is made, such as granite formations, rock, concrete, etc,--Yavapai Landscaping reserves the right to charge additional ROC #306954. All installation work will be under warranty for a period of (1) year. Plants/Trees are under warranty for 90 days if installed with an irrigation system (pre-existing or new). labor at $200/hr and/or fees for heavy equipment.

Property owner has the right to file a written complaint with the ROC (602-542-1525). Their website is https://roc.az.gov. Complaints must be within the applicable timetable pursuant to section 32-115-A

TOTAL DUE $0.00

ADDRESS Estimate 9426 Kristin Hasting 7070 Sienna Pl DATE 11/26/2022

Prescott, AZ 86305

ACTIVITY QTY RATE AMOUNT Downspout Water Mitigation 1 850.00 850.00 The corrugated tubing coming from the gutter downspouts of the home, will be trenched underground, and extended to mitigate the water off the property.

250' of trenching 250' of 3" ads

y couplers drain caps Service:Irrigation Install (New ) 1 3,500.00 3,500.00 Installation of functioning irrigation system. Underground Insulated Box Brass Backflow Multi Valve ( 4 zones) WiFi enabled Timer ORBIT B HYVE Includes all poly and drip line Separate Shutoff Includes running irrigation to all vegetation

Sprinkler system designed and built for sod in back yard

ROC #306954. All installation work will be under warranty for a period of (1) year. Plants/Trees are under warranty for 90 days if installed with an irrigation system (pre-existing or new). ACTIVITY QTY RATE AMOUNT Service:Mounds and Boulders 1 1,000.00 1,000.00 Create mounds around yard with clean fill, and set boulders sub grade throughout yard and amongst the mounds to create a natural aesthetic.

4-5 large boulders 2-3 mounds in front mound in back Service:Decorative Rock 22 155.00 3,410.00 Decorative Rock to be laid with landscape fabric. Type and Size: 1" TBD FOR FRONT

Quantity: 22 tons Front yard only Service:Install Pavers 735 10.50 7,717.50 Install pavers by creating a level base and laying Aggregate Base Compound(AB), leveling sand and then setting grade. Pavers are then installed in a specific pattern designated by the paver type or by the customer if options exist.

FRONT YARD

Location:, Overlay on front patio (205), extension of porch of 4 feet working it’s way to the north east corner (120), 20’ by 2.5’ wide path to the ac(50) widening of pathway and adding curvature as it meets the driveway(60), flares at the street(20), 65 3'widepathway to the back gate(210), with garbage can pad(24) behind the gate

Pattern: 3 pc or K pattern

Dimensions: ORDER 735; ~674WITH EXTRA REQUIRED FOR CURVES CUTS AND BORDERS

Style: TBD

Color: TBD Service:Polymeric Sand 674 0.50 337.00 Install Polymeric sand. This may require removal of old joint sand by pressure washing and compressed air. Apply polymeric sand, sweep into joints, blow away extra, and apply water to set.

Square Footage: 674

ROC #306954. All installation work will be under warranty for a period of (1) year. Plants/Trees are under warranty for 90 days if installed with an irrigation system (pre-existing or new). ACTIVITY QTY RATE AMOUNT Service:Install Pavers 560 10.50 5,880.00 Install pavers by creating a level base and laying Aggregate Base Compound(AB), leveling sand and then setting grade. Pavers are then installed in a specific pattern designated by the paver type or by the customer if options exist.

BACKYARD PAVERS

Location: extension of 34x10(340) towards back wall, '37 , 3' wide pathway around rose bed leading to gate(111), and 20' pathway through sod to crushed rock area in S/SE corner of lot(60)

Pattern: 3 pc

Dimensions: ORDER 560; ~511 WITH EXTRA FOR CURVES, CUTS AND BORDERS Style: Belgard Cat Stone

Color: Catalina Stone Bella Service:Polymeric Sand 511 0.50 255.50 Install Polymeric sand. This may require removal of old joint sand by pressure washing and compressed air. Apply polymeric sand, sweep into joints, blow away extra, and apply water to set.

Square Footage: 511 Service:Install Sod 1,386 1.75 2,425.50 Loosen soil to amend. Remove any debris unearthed including rocks. Rake soil level and lay turf in rows to create tight seams.

Location: Backyard

Dimensions: 63X22

1386 SQ FT

Prescott Blend. Grass to be installed in March for 1.75 more per square foot in phase 2 Service:Paver Border 107 9.00 963.00 The construction of a paver border, commonly used around artificial turf and planters, or to separate one material from another.

107 LF OF MATCHING CAT STONE BELLA PAVER BORDER Service:Install Water Feature 1 900.00 900.00 Run power and water feed to the area for water feature Service:Utility (gas/power) 1 1,250.00 1,250.00 Run gas to fire pit, run gas to BBQ ROC #306954. All installation work will be under warranty for a period of (1) year. Plants/Trees are under warranty for 90 days if installed with an irrigation system (pre-existing or new). ACTIVITY QTY RATE AMOUNT Service:Paver Border 10 10.00 100.00 The construction of a paver border, commonly used around artificial turf and planters, or to separate one material from another

ft from Se corner of sod, to the wall Promotion:Manager Discount 1 - -1,500.00 Discount to customer provided by the manager for 1,500.00 service's rendered. Cash Discount 1 - -1,500.00 CHECK is the preferred form of payment. 1,500.00 CREDIT CARDS are accepted but have a 3% fee.

If paid in actual GREEN CASH, a 3-5% discount will be applied. Tax 1 0.00 0.00 Tax is included in this price Terms 1 0.00 0.00 25% due at signing//50% due upon start of project//25% due upon completion Service:Install block wall 1 4,625.00 4,625.00 Demo wall 4 courses, build back up 1 course and all columns 75@35=$2625 Entire back fence 75-76 LF

Install 8 view fence panels (250) 24" tall

The parties agree to resolve any dispute that can't be agreed on, through the use of a private mediator. If the dispute is not resolved by mediation the parties agree to submit to binding arbitration using a single arbitrator. Mediation and arbitration are the only procedures used to remedy any disagreement. Deposits are non-refundable for any supplies purchased for work & for customer cancellations made after 72 hrs from the signing of the estimate/invoice. If a discovery is made, such as granite formations, rock, concrete, etc,--Yavapai Landscaping reserves the right to charge additional labor at $200/hr and/or fees for heavy equipment. Property owner has the right to file a written complaint with the ROC (602-542-1525). Their website is https://roc.az.gov. Complaints must be within the applicable timetable pursuant to section 32-1155-A

TOTAL $30,213.50

ADDRESS Estimate 9658 Kristin Hasting 7070 Sienna Pl Prescott, AZ 86305 DATE 02/06/2023

ACTIVITY QTY RATE AMOUNT

Service:Installing Plants, Shrubs and Trees 1 2,800.00 2,800.00 Installing trees and/or plants by digging a deep hole so roots can take hold and plant will not move. Plants and/or trees should be planted in a well-lit area and may need to be staked to ensure stability. Gypsum and mulch will be used to amend the soil. Trees: 5 total ; 1 - 4-5' baby blue spruce; 3 - 15 gallon witchita blue or blue arrow junipers, and 1 TBD 20-25 gal (potentially red maple)

Shrubs: 12 shrubs ( up to 5 gallon) or multiples can be substituted at 1 g size (3 to 1 or 2 to 1 depending on species and size) Additional Items 1 450.00 450.00 ground cover roses wax leaf privets Additional Items 1 0.00 0.00 two dwarf alberta spruces

FREE per ted

The parties agree to resolve any dispute that can't be agreed on, through the use of a private mediator. If the dispute is not resolved by mediation the parties agree to submit to binding arbitration using a single arbitrator. Mediation and arbitration are the only procedures used to remedy any disagreement. Deposits are non-refundable for any supplies purchased for work & for customer cancellations made after 72 hrs from the signing of the estimate/invoice. If a discovery is made, such as granite formations, rock, concrete, etc,--Yavapai Landscaping reserves the right to charge additional labor at $200/hr and/or fees for heavy equipment.

ROC #306954. All installation work will be under warranty for a period of (1) year. Plants/Trees are under warranty for 90 days. TOTAL $3,250.00

Accepted By Accepted Date

ROC #306954. All installation work will be under warranty for a period of (1) year. Plants/Trees are under warranty for 90 days. Yavapai Landscaping LLC 303 East Gurley St. #407 Prescott, AZ 86301 +1 [number redacted] [email redacted]

Receipt Received From Date: 02/15/2023 Kristin Hasting 7070 Sienna Pl Reference No: 908 Prescott, AZ 86305

Invoice Number Invoice Date Due Date Original Amount Balance Payment 14221 02/15/2023 02/15/2023 3250.00 3250.00 3250.00

Memo: Amount Credited: $0.00 Total: $3,250.00

ROC #306954. All installation work will be under warranty for a period of (1) year. Plants/Trees are under warranty for 90 days. 8/18/23, 8:11 AM State of Arizona Mail - "Written Answer to Citation and Complaint"- Case No. 2023-03173

Answers - AZROC <[email redacted]>

"Written Answer to Citation and Complaint"- Case No. 2023-03173 messages

Yavapai Landscaping Office <[email redacted]> Thu, Aug 17, 2023 at 2:43 PM To: [email redacted]

Dear ROC,

Thank you for taking the time to contact Yavapai Landscaping to explain the issues that have occurred recently. This is a response to the Complaint dated August 3rd, 2023-Case No. 2023- 03173.

Response to Compliance Item 2 -Yavapai Landscaping hired a third-party mason to inspect Ms. Hasting's wall and the work that was performed. The application of the mortar on the wall was found to be up to industry standards by the expert. Additionally, after comparing the photos of the mortar before Yavapai Landscaping made any corrections and what the expert saw in person, there was a noticeable improvement.

Notable comments from Ms. Hastings to the mason while he was on-site include:

She was not concerned about the appearance of the wall after improvements were made.

Note: As to the permitting issue, it has been remedied. Yavapai Landscaping received an Approved Gas Permit from the City of Prescott on 08-16-2023. We have attached the approved permit to this email and this scope of work has been completed.

We are a customer service-based industry and as a company, we try to go above and beyond on every project we commit to. We have pride in our workmanship and our employees. We have tried our best to perform the corrections professionally and to the satisfaction of Ms. Hastings and the ROC. We have never been suspended or reprimanded in the past for our work, and we hope that this will not be the first time. We are a tight-knit company committed to excellence and integrity. We have all taken this to heart and understand the seriousness of the matter.

We have implemented new practices within our organization to help ensure that it does not happen again in the future. A suspension would have a significant impact on a lot of families, as we employ around 30 individuals who depend on the consistent work that we provide year-round. We hope you can feel our sincerity through our responses and allow us to continue to prove that we put our customers first.

Thank you for your time.

-Yavapai Landscaping

https://mail.google.com/mail/b/AEoRXRSfmCm-Rwp3H1m1NNywvhoA7egtr9umZjTXV5cN26Ggo7XZ/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/2 8/18/23, 8:11 AM State of Arizona Mail - "Written Answer to Citation and Complaint"- Case No. 2023-03173

Mailing Address: 303 E Gurley St, 407 Prescott, AZ 86301 Office Address: 1106 E Gurley St Prescott, AZ 86301 (928) 910-4147 www.yavapailandscaping.com

Yavapai Landscaping Office <[email redacted]> Thu, Aug 17, 2023 at 5:05 PM To: [email redacted]

Mailing Address: 303 E Gurley St, 407 Prescott, AZ 86301 Office Address: 1106 E Gurley St Prescott, AZ 86301 (928) 910-4147 www.yavapailandscaping.com

[Quoted text hidden]

B2304-006.pdf 134K

https://mail.google.com/mail/b/AEoRXRSfmCm-Rwp3H1m1NNywvhoA7egtr9umZjTXV5cN26Ggo7XZ/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 2/2 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3