2023A-04064-CHC-ROC Notice of Hearing & Packet MAILED 2023-04064.pdf

2023A-04064-CHC-ROC-RHG · Registrar of Contractors · 2024-07-02

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Brendon Cothrun , Case No. 2023-04064

COMPLAINANT, Docket No. 2023A-04064-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Liberty Landscapes LLC License No. ROC 318035,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).

HEARING INFORMATION The hearing is set for: August 13, 2024 9:00 AM Jenna Clark 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 May 29, 2024. 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)

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/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

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 July 2, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail July 2, 2024 to:

Respondent(s) Liberty Landscapes LLC 39506 N Daisy Mountain Dr. Ste. 131 Phoenix, AZ 85086

Respondent's Attorney Paul M. Levine, Esq. 8502 E Via de Ventura Ste 200 Scottsdale, AZ 85258 Complainant(s) Brendon Cothrun 7910 E Chama Rd Scottsdale, AZ 85255 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-04064 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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: Brendon Cothrun 7910 E Chama Rd Scottsdale, AZ 85255-2799

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: Liberty Landscapes LLC 39506 N Daisy Mountain Drive Suite 131 Phoenix, AZ 85086

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

April 21, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-04064

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for May 24, 2023 at 10:45 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, Robert Di Alto Robert Di Alto, Investigator (602) 771-6758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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 Complaint #2023-04064 P 1 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 2 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 3 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 4 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 5 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 6 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 7 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 8 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 9 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 10 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 11 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 12 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 13 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 14 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 15 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 16 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 17 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 18 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 19 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 20 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 21 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 22 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 23 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 24 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 25 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 26 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 27 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 28 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 29 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 30 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 31 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 32 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 33 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 34 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 35 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 36 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 37 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 38 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 39 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 40 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 41 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 42 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 43 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 44 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 45 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 46 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 47 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 48 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 49 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 50 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 51 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 52 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complaint #2023-04064 P 53 JSI Date 5/24/2023 at 10:45 AM JSI PHOTOS Complainant: Brendon Cothrun 7910 E Chama Rd Scottsdale, AZ 85255-2799

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Liberty Landscapes LLC 39506 N Daisy Mountain Drive Suite 131 Phoenix, AZ 85086

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 July 13, 2023

License No. ROC 318035

Re:Complaint No. 2023-04064

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 08/07/2023.

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:

Complaint Item: 8) The putting green needs to have at least 1/2" of sand removed. There is way too much sand on that surface as is and also sand all throughout the fringe. The hack job in certain areas needs to be redone as there should not be visible cut out turf everywhere. The fringe should also align with the new steps you installed which is yet another detail issue that we are finding throughout the projects. There should have been crushed granite under entire surface which allows for proper drainage. Maybe this is why the cups are filling up with water which is totally unacceptable? I was also told the fringe areas will need to be pulled up and recompacted. You need to use ENVIROFILL which is the industry standard today in lieu of the sand. Also should be copper slag on fringe. I would also need to confirm exactly what kind of roller you intend to use? AZ Luxury Lawns quoted me 13K for that green that I paid you 30K to do. It needs to be done right! 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 I have attached the link for the Envirofill product which regardless of manufacture recommendations is what ALL the pro's are using such as Celebrity Greens and AZ Luxury Lawns,etc. Investigator’s Observation: I was not able to identify the base or sub base materials that were installed due to the putting green being installed prior to this jobsite inspection.

I was not able to verify the allegation that the Respondent did not use Envirofill or did not install crushed granite under the entire surface of the putting green. I reviewed the proposal and Envirofil is not specified in the proposal. No further action is required by the Respondent for the above described complaint items.

Additionally, I observed the Complainant fill several putting green cups up with a garden hose, waited approximately 15-20 minutes and they appeared to hold water.

The Complainant provided an email dated 04/05/2013 confirming that the Respondent is aware that the Putting Green is not complete, and requires a final cutting of the turf and a final rolling to get the green to roll faster. He also provided an email dated 04/14/2023 confirming the Respondent had scheduled to brush, infill, compact and roll the green on 047/17/2023 and that he would also correct the cup drainage issues.

The Respondent shall complete the above complaint items, as per the contract/proposal and by the appropriate means. Exclusions: The Respondent providing and installing Envirofil materials and providing and the installation of crushed granite under the entire putting green surface. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Complaint Item: 1) Remove, fix or refund the lighting installation that continues to blink and stay on all night. Investigator’s Observation: Complainant did not demonstrate lighting issues or provide evidence or documentation to support the allegation. No action required by the Respondent. The complainant also stated that he was going to have a different contractor come and assess the lighting later that day. No further action required by the Respondent. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 2) Fix the irrigation on the bed next to the pool and remove the spaghetti lines and replace with working emitters that match what was installed in the other beds. Investigator’s Observation: Unable to verify, the complaint item was completed prior to this job site inspection. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 3) Move rocks around the newly installed plants that are suffocating them. I have asked you about this at least 3 times but nothing has been done. Investigator’s Observation: Complainant stated that he had his Gardner pull rocks away from the plants to address this complaint item prior to this JSI. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 4) Remove the mulch that was installed in front of the negative edge that doesn't match the existing mulch. Investigator’s Observation: The complaint item was completed prior to this job site inspection. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 5) Check and fix all emitters on front bed that are not working. I turned some off on the barrels that don't need to get drenched with water but my landscaper said some of those plants are not getting any water and they don't want to touch them understandably. Investigator’s Observation: The complaint item was completed prior to this job site inspection. No further action required by the Respondent. Governing Rule: N/A

Complaint Item: 6) Install the cactus in the original proposal in the front. I am also not happy with the quality of the larger plants you chose as they all have blemishes which I was told is also unacceptable. There are some 20 flowers that need to bel replaced and that irrigation needs to be redone to ensure they are getting water as I am having to constantly hand water the flowers. We are not happy with the placement of many of the plants in both front and back as some are crowded and others have too much spacing which is why I asked to be part of the design process to approve of them prior to planting (which did not happen). Investigator’s Observation: The Registrar does not have jurisdiction over plants or trees. Additionally the Complainant did not provide a landscape or hardscape plan or additional evidence or documentation to support the allegations. No further action required by the Respondent. Governing Rule: N/A

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

Sincerely,

Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Jobsite Inspection Notes

Case No.: 2023-04064 Investigator: Robert Di Alto Inspection Date: May 24, 2023 Inspection Time: 10:45 AM

Complainant: Brendon Cothrun Respondent: Liberty Landscapes Not Present: LLC Not Present:

Jobsite General Notes: JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. JSI photos and audio have been placed into the ROC complaint file.

Complaint Item: 2) Fix the irrigation on the bed next to the pool and remove the spaghetti lines and replace with working emitters that match what was installed in the other beds. Investigator’s Observation: Unable to verify, the complaint item was completed prior to this job site inspection. No further action required by the Respondent. Governing Rule: N/A

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complaint Item: 7) The firepit is pretty much a disaster as the top of one side is over 1" taller than the other side. The finish they did does not match ANYTHING else on the property and needs to be redone to match existing stucco. Investigator’s Observation: I observed some height variation of approximately ¾”- 1”+, in the height of the backrest, at the fire pit seating area. The finish coat of the stucco is rough in nature and is inconsistent with other structures. However after reviewing the Proposal dated 02/23/2023, a specification for stucco finish is not provided. The complaint item meets minimum workmanship standards. No further action required by the Respondent. Governing Rule: N/A Complaint Item: 8) The putting green needs to have at least 1/2" of sand removed. There is way too much sand on that surface as is and also sand all throughout the fringe. The hack job in certain areas needs to be redone as there should not be visible cut out turf everywhere. The fringe should also align with the new steps you installed which is yet another detail issue that we are finding throughout the projects. There should have been crushed granite under entire surface which allows for proper drainage. Maybe this is why the cups are filling up with water which is totally unacceptable? I was also told the fringe areas will need to be pulled up and recompacted. You need to use 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

ENVIROFILL which is the industry standard today in lieu of the sand. Also should be copper slag on fringe. I would also need to confirm exactly what kind of roller you intend to use? AZ Luxury Lawns quoted me 13K for that green that I paid you 30K to do. It needs to be done right! I have attached the link for the Envirofill product which regardless of manufacture recommendations is what ALL the pro's are using such as Celebrity Greens and AZ Luxury Lawns,etc. Investigator’s Observation: I was not able to identify the base or sub base materials that were installed due to the putting green being installed prior to this jobsite inspection. No further action required by the Respondent on this complaint item.

Additionally, I observed the Complainant fill several putting green cups up with a garden hose, waited approximately 15-20 minutes and they appeared to hold water.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Brendon Cothrun, Case No. 2023-04064 COMPLAINANT, v.

Liberty Landscapes LLC, CITATION License No. ROC 318035,

RESPONDENT.

The Registrar issues this Citation to Liberty Landscapes LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 30, 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 April 5, 2023, Brendon Cothrun (“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) - R4-9-109 Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109. Charge :2 A.R.S. § 32-1154(A)(22)

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1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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. 2023-04064. 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, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted] 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.

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1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 30, 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. 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).

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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 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 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated August 15, 2023 By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

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1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 15, 2023 to:

Respondent Certified Mail No: [number redacted]

Liberty Landscapes LLC 39506 N Daisy Mountain Dr Ste 131 Phoenix, AZ 85086 Copy mailed by USPS First Class Mail this same date to: Respondent Liberty Landscapes LLC 39506 N Daisy Mountain Dr Ste 131 Phoenix, AZ 85086 Complainant Brendon Cothrun 7910 E Chama Rd Scottsdale, AZ 85255

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. 2023-04064

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1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 1740 W Adams St., Lower Level, 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 ARIZONA REGISTRAR OF CONTRACTORS

Douglas A. Ducey, Governor Jeff Fleetham , Director

Form REQUEST TO CLOSE CASE RC-Lg-701A

Instructions Complete this form to request that the Registrar close a case where the Registrar previously issued a citation. Before the Registrar issues an order closing a case that resulted in citation, both parties must agree to the closure. After consideration, the Registrar may approve the request.

If both parties do not demonstrate their willingness for the Registrar to issue an Order of Closing by completing this form, then the matter will continue to proceed to administrative resolution. This means that, if not already done so:

The Respondent will be required to: 1. Submit a written answer as directed by the Citation and required under A.R.S. § 32-1155(A). o Failure to timely submit an answer may result in the admission of the allegations contained within the citation. A.R.S. § 32-1155(B); and 2. Request a settlement conference under A.R.S. §41-1092.06, if desired.

The Complainant will be required to establish, before the administrative law judge, the merits of their claim.

A. CASE INFORMATION 1. Case Number 2. Complainant 3. Respondent

B. PARTIES ACKNOWLEDGMENT & SIGNATURE Complainant acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. The Registrar may decline to reopen this case; and 2. Complainant’s future remedies, if any, may be limited to another forum. Respondent acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. Respondent’s license record will have a “Closed Case” designation associated with this case; and 2. This case will appear on the Respondent’s public license record available through the Registrar of Contractors’ website as a “Resolved/Settled/Withdrawn” case for a period of seven years.

_____________________ _____________________ ______________ Complainant’s Name Complainant’s Signature Date

_____________________ _____________________ ______________ Respondent’s Name Respondent’s Signature Date

1700 W. Washington Street, Suite 105 ● Phoenix AZ 85007-2812 602.542.1525 ● Within AZ 877.692.9762 ● Fax 602.542.1599 ● www.roc.az.gov

Form RC-Lg-701A Request to Close Case Rev 1/18/2019 Page 1 of 1 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees 2023-04064

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

Brendon Cothrun Mailing Address (Enter jobsite in Contract/Project section) City State Zip

7910 E Chama Rd Scottsdale Arizona 85255 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)

Liberty Landscapes LLC ROC 318035 Street Address City State Zip

39506 N Daisy Mountain Drive Ste 131 Phoenix AZ 85086 Phone Number Email

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

Noel Ortiz Contract/Project Information Contract Date Contract Amount Amount Paid

January 9, 2023 $100,000.00 $100,000.00 Date Work Started Date Work Stopped Date Work Was Completed

January 31, 2023 March 29, 2023 March 29, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

7910 E Chama Rd Scottsdale AZ 85255 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Abandonment;Poor Work I have contacted the contractor by Phone/Text;Email 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 Written This project was Residential This project involved Remodel

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)

1) Remove, fix or refund the lighting installation that continues to blink and stay on all night. 2) Fix the irrigation on the bed next to the pool and remove the spaghetti lines and replace with working emitters that match what was installed in the other beds. 3) Move rocks around the newly installed plants that are suffocating them. I have asked you about this at least 3 times but nothing has been done. 4) Remove the mulch that was installed in front of the negative edge that doesn't match the existing mulch. 5) Check and fix all emitters on front bed that are not working. I turned some off on the barrels that don't need to get drenched with water but my landscaper said some of those plants are not getting any water and they don't want to touch them understandably. 6) Install the cactus in the original proposal in the front. I am also not happy with the quality of the larger plants you chose as they all have blemishes which I was told is also unacceptable. There are some 20 flowers that need to bel replaced and that irrigation needs to be redone to ensure they are getting water as I am having to constantly hand water the flowers. We are not happy with the placement of many of the plants in both front and back as some are crowded and others have too much spacing which is why I asked to be part of the design process to approve of them prior to planting (which did not happen). 7) The firepit is pretty much a disaster as the top of one side is over 1" taller than the other side. The finish they did does not match ANYTHING else on the property and needs to be redone to match existing stucco. 8) The putting green needs to have at least 1/2" of sand removed. There is way too much sand on that surface as is and also sand all throughout the fringe. The hack job in certain areas needs to be redone as there should not be visible cut out turf everywhere. The fringe should also align with the new steps you installed which is yet another detail issue that we are finding throughout the projects. There should have been crushed granite under entire surface which allows for proper drainage. Maybe this is why the cups are filling up with water which is totally unacceptable? I was also told the fringe areas will need to be pulled up and recompacted. You need to use ENVIROFILL which is the industry standard today in lieu of the sand. Also should be copper slag on fringe. I would also need to confirm exactly what kind of roller you intend to use? AZ Luxury Lawns quoted me 13K for that green that I paid you 30K to do. It needs to be done right! I have attached the link for the Envirofill product which regardless of manufacture recommendations is what ALL the pro's are using such as Celebrity Greens and AZ Luxury Lawns, etc.

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

Brendon Cothrun \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Received 08/28/2023 ROC Legal

Paul M. Levine, Esq. (007202) PAUL M. LEVINE, P.C. 8502 E. Via de Ventura, Suite 200 Scottsdale, Arizona 85258 Telephone: (480) 302-4102 Facsimile: (480) 300-4984 [email redacted] Attorneys for Respondent

REGISTRAT OF CONTRACTORS OF THE STATE OF ARIZONA Brendon Cothrun, Case No. 2023-04064 Complainant, v. RESPONDENT’S ANSWER TO CITATION Liberty Landscapes LLC, License No. ROC 318035

Respondent.

Respondent, Liberty Landscapes LLC, License No. ROC 318035, through its counsel,

Answers the Citation as follows:

The only workmanship item at issue concerns a putting green at Complainant's residence.

Respondent has made efforts to make the required repairs, but Complainant has refused access and

has not provided an opportunity for Respondent to make the repairs. Despite efforts, Respondent

cannot complete the work unless Complainant permits access.

RESPECTFULLY SUBMITTED this 28th day of August 2023.

PAUL M. LEVINE, P.C.

By: /s/_Paul M. Levine Paul M. Levine 8502 E. Via de Ventura, Suite 230 Scottsdale, Arizona 85258 Attorneys for Respondent Received 08/28/2023 ROC Legal

ORIGINAL of the foregoing filed this 28th day of August 2023.

COPY mailed to:

Brendon Cothrun 7910 E. Chama Road Scottsdale, Arizona 85255 Complainant

COPY e-mailed to:

Robert Di Alto 1700 W. Washington Street Suite 105 Phoenix, Arizona 85007 [email redacted]

/s/ Dominika Dydo-Eyerman Dominika Dydo-Eyerman Received 8/29/23, 8:08 AM State of Arizona Mail - Case No. 2023-04064 Brendon Cothrun v. Liberty Landscapes08/28/2023 LLC ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2023-04064 Brendon Cothrun v. Liberty Landscapes LLC message

Dominika Dydo-Eyerman <[email redacted]> Mon, Aug 28, 2023 at 10:28 AM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Paul Levine <[email redacted]>

Good Morning,

Please see attached Respondent’s Answer to Citation.

Thank you.

Dominika Dydo-Eyerman Legal Assistant

Paul M. Levine, P.C. 8502 E. Via de Ventura, Suite 230 Scottsdale, Arizona 85258 [email redacted] Ph: (480) 302-4114

Respondent's Answer to Citation.pdf 133K

https://mail.google.com/mail/b/AEoRXRQx59hfIO9jXYGuEw01rkNiQT9Kb-wuaSuVFifKxx-MvF80/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=… 1/1

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Brendon Cothrun , Case No. 2023-04064 COMPLAINANT, Docket No. 2023A-04064-CHC-ROC v. NOTICE OF HEARING ON Liberty Landscapes LLC CONTESTED CASE License No. ROC 318035,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: October 25, 2023 9:00 AM Sondra Vanella 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 15, 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) - R4-9-109 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

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 September 11, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 11, 2023 to: Respondent(s) Liberty Landscapes LLC 39506 N Daisy Mountain Dr Ste 131 Phoenix, AZ 85086 Paul M. Levine, Esq. 8502 E Via De Ventura Ste 200 Scottsdale, AZ 85258 Complainant(s) Brendon Cothrun 7910 E Chama Rd Scottsdale, AZ 85255

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

Case No. 2023-04064 /

Katie Hobbs, Governor Martin Quezada, Director