2023A-05521-NPC-ROC-RES Notice of Hearing and Packet MAILED

2023A-05521-NPC-ROC-RES · Registrar of Contractors · 2023-09-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Cox Cactus Farm, Case No. 2023-05521 COMPLAINANT, Docket No. 2023A-05521-NPC-ROC- RES v. Blue Sage Landscaping LLC NOTICE OF HEARING ON License No. ROC 323627, CONTESTED CASE

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: November 6, 2023 1:00 PM 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 May 30, 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)(10)

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.

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 September 20, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 20, 2023 to: Respondent(s) Blue Sage Landscaping LLC 5402 S 40th St Phoenix, AZ 85040 Troy D Roberts, Esq. 9995 E. Sunnyslope Lane Scottsdale, AZ 85258 Complainant(s) Cox Cactus Farm 34623 N 7th Ave Phoenix, AZ 85086

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. 2023-05521 /

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

May 15, 2023

Via U.S. Mail and Email

Complainant Cox Cactus Farm 34623 N 7th Ave Phoenix, AZ 85086

Via U.S. Mail and Email

Respondent Blue Sage Landscaping LLC 5402 S 40th St Phoenix, AZ 85040

Re: Complaint No. 2023-05521

Dear Complainant and Respondent:

The Registrar received a complaint filed against Blue Sage Landscaping LLC for non-payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by May 22, 2023. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before May 22, 2023 and will review Respondent’s response, if one is submitted.

Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

Sincerely,

/s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Jessica Cox Street Address City State Zip Code 34623 N. 7th Avenue PHOENIX Arizona 85086 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Blue Sage Landscaping LLC ROC 323627 Street Address City State Zip Code

Phone Number Email Address

Name of Person(s) Representing License Charles St George Kirkland-Lopez;Carolina Sophia Kirkland-Lopez;Miles Kirkland Manning;Marc Jason Bowen Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $19,155.18 October 7, 2021 Have you filed a civil complaint?

List all specific invoices which have not been paid. Attach additional pages if necessary. 61237 - $446.46 (01/12/2022); 61280 - $688.82 (01/14/2022); 61399 - $3520.12 (01/19/2022); 61400 - $252.99 (01/19/2022); 61488 - $502.80 (01/24/2022); 61686 - $273.19 (01/27/2022); 61741 - $522.57 (01/28/2022); 61923 - $2360.92 (02/03/2022); 62432 - $10.52 (02/17/2022); 62582 - $420.20 (02/21/2022); 62583 - $6813.83 (02/21/2022); 62620 - $1755.12 (02/22/2022); 62719 - $1587.64 (02/24/2022) Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Jessica Cox Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are 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 Jessica Cox 9:55 AM COX CACTUS FARM 05/12/23 Customer Open Balance Accrual Basis All Transactions

Type Date Num Memo Due Date Open Balance Amount Blue Sage Landscaping Invoice 01/13/2022 61237 3000 02/12/2022 446.46 446.46 Invoice 01/14/2022 61280 1825 cinnabar 02/13/2022 688.82 688.82 Invoice 01/19/2022 61399 flagslip 02/18/2022 3,520.12 3,520.12 Invoice 01/19/2022 61400 andys custard 02/18/2022 252.99 252.99 Invoice 01/24/2022 61488 02/23/2022 502.80 502.80 Invoice 01/27/2022 61686 reunion rehab 02/26/2022 273.19 273.19 Invoice 01/28/2022 61741 resident on 1sw 02/27/2022 522.57 522.57 Invoice 02/03/2022 61923 queen creek 03/05/2022 2,360.92 2,360.92 Invoice 02/17/2022 62432 SPRINGHILL ... 03/19/2022 10.52 10.52 Invoice 02/21/2022 62582 ANDYS CUS... 03/23/2022 420.20 420.20 Invoice 02/21/2022 62583 VIP TEMPE 03/23/2022 6,813.83 6,813.83 Invoice 02/22/2022 62620 VIP TEMPE 03/24/2022 1,755.12 1,755.12 Invoice 02/24/2022 62719 EOS FITNES ... 03/26/2022 1,587.64 1,587.64

Total Blue Sage Landscaping 19,155.18 19,155.18

TOTAL 19,155.18 19,155.18

Page 1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Cox Cactus Farm, Case No. 2023-05521 COMPLAINANT, v.

Blue Sage Landscaping LLC, CITATION License No. ROC 323627,

RESPONDENT.

The Registrar issues this Citation to Blue Sage Landscaping LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 14, 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 May 12, 2023, Cox Cactus Farm (“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)(10) Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection

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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 with the licensee’s operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. 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. 2023-05521. 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.

Deadline for Filing a Written Answer: Respondent must file a written answer with the

Registrar no later than June 14, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides 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 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). 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

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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 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 May 30, 2023. By: /s/ Chance Peterson Chance Peterson General Counsel Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, May 30, 2023 to: Respondent Certified Mail No: [number redacted] Blue Sage Landscaping LLC 5402 S 40th St Phoenix, AZ 85040

///

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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 mailed by USPS First Class Mail this same date to: Respondent Blue Sage Landscaping LLC 5402 S 40th St Phoenix, AZ 85040 Complainant Cox Cactus Farm 34623 N 7th Ave Phoenix, AZ 85086 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. 2023-05521 / KR

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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 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Blue Sage Landscaping LLC ROC 323627 Street Address City State Zip Code

Phone Number Email Address

Total Blue Sage Landscaping 19,155.18 19,155.18

TOTAL 19,155.18 19,155.18

Page 1 Received 06/12/2023 ROC Legal

Troy D. Roberts, Esq. (028158) CKCAZ, LLC 9995 E. Sunnyslope Lane Scottsdale, AZ 85258 Tel.: 512.573.9800 Email: [email redacted] Attorney for Blue Sage Landscaping REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Case No. 2023-05521 COX CACTUS FARMS, Complainant, v. WRITTEN ANSWER TO CITATION AND COMPLAINT AND REQUEST FOR INFORMAL SETTLEMENT BLUE SAGE LANDSCAPING, LLC (ROC # CONFERENCE PURSUANT TO 323627) A.R.S. § 41-1092.06 Respondent. Blue Sage Landscaping, LLC (“BSL”) hereby responds to the Arizona Registrar of Contractors’ Citation (Case No. 2023-05521). BSL is investigating the invoices and delivery of goods identified in the Complaint. At this point, BSL is contesting the Complaint. BSL is also in communication with Cox Cactus in the hope that the Parties can resolve the alleged non-payment issues. Please also note that undersigned’s new mailing address is 9995 E. Sunnyslope Lane, Scottsdale, AZ 85258.

REQUEST FOR INFORMAL SETTLEMENT CONFERENCE Pursuant to A.R.S. § 41-1092.06, and the Citation at pp. 3-4, BSL requests the Registrar set an informal settlement conference. The conference may facilitate and

agreement between the Parties.

Received 06/12/2023 ROC Legal

RESPECTFULLY SUBMITTED this 12th day of June 2023. /s/Troy D. Roberts, Esq. Troy D. Roberts Attorney for Blue Sage Landscaping, LLC

Received 6/13/23, 7:56 AM State of Arizona Mail - Cox Cactus v. Blue Sage Landscaping 06/12/2023 ROC Legal

Answers - AZROC <[email redacted]>

Cox Cactus v. Blue Sage Landscaping message

Troy Roberts <[email redacted]> Mon, Jun 12, 2023 at 11:15 AM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Erika Hoskin <[email redacted]>, Troy Roberts <[email redacted]>

Please see attached and please confirm receipt.

Sincerely,

Troy Daniel Roberts, Esq.

Chief Legal Counsel

9995 E. Sunnyslope Lane, Scottsdale, AZ 85258

Mobile: (512) 573-9800

PRIVILEGE AND CONFIDENTIALITY NOTICE:

This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 USC 2510 - 2521, and its disclosure is strictly limited to the recipient intended by the sender of this message. This communication may contain confidential and privileged material for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of the confidential or privileged nature of the communication, especially including any attorney-client privilege. If you are not an intended recipient, you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person. If you are an intended recipient and do not wish to receive communications in this form please inform the sender immediately. Thank you.

2023-06-12 BSL Answer.pdf 90K

https://mail.google.com/mail/b/ADwNV_dGPBhk3ypySjONPMIZltfTnplwuzeB4HsmBuhi9LDRsAOe/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Cox Cactus Farm, Case No. 2023-05521

COMPLAINANT, v. Blue Sage Landscaping LLC , NOTICE OF INFORMAL License No. ROC 323627, SETTLEMENT CONFERENCE

RESPONDENT.

On June 12, 2023 Blue Sage Landscaping LLC requested for an informal settlement conference with the Registrar. Pursuant to A.R.S. § 41-1092.06, the Registrar scheduled that conference for:

DATE & TIME: June 22, 2023 at 9:00 AM TELECONFERENCE Meeting ID INFORMATION: meet.google.com/fmz-shhn-pnr Phone Numbers +1 970-462-9697 PIN: 618 938 631# While Complainant is not required to attend the Settlement Conference, their participation is strongly encouraged. The Registrar will not close or settle this Complaint without both

parties’ involvement. Statements, either written or oral, made 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).

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 WAIVER: The parties 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). A waiver is attached; each party should bring a signed copy to the settlement conference.

CONDUCTING THE SETTLEMENT CONFERENCE The Registrar's settlement conference representative will not convene a settlement conference unless all parties are represented by a person who has authority to agree upon terms and conditions of settlement without consultation with persons or entities not present. The

Registrar's representative will decide how a session proceeds, when to hold joint meetings (with consent of the participants), and when to meet separately with the parties and their counsel. The parties attending the settlement conference must be prepared to discuss settlement

options. Before the settlement conference, each party should consider under what conditions it would settle. To the extent either party desires a financial settlement, the parties should obtain estimates or other information to facilitate settlement. The Registrar's representative acts as an impartial and neutral mediator and will not render

legal advice to, or represent, any of the parties. The Registrar's representative may, as deemed

appropriate, provide evaluative comments regarding issues and merits of this dispute. The Registrar's representative will encourage disclosure of information between the parties and will assist the parties in considering the benefits, risks, and alternatives available to

them.

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 SETTLEMENT Unless the parties reach a mutual agreement, the settlement conference will conclude without a settlement. Should the parties reach agreement during the settlement conference, the Registrar's representative may offer a summary of the agreement to the parties for their joint

approval, but will not assist the parties in documenting the agreement. After the settlement conference ends, the parties should document their agreement and notify the Registrar. If a Notice of Hearing has been issued, the parties must also notify the assigned Administrative Law Judge at the Office of Administrative Hearings.

Dated June 14, 2023.

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

COPY mailed via USPS First Class mail June 14, 2023 to: Respondent Blue Sage Landscaping LLC 5402 S 40th St Phoenix, AZ 85040 Troy D Roberts, Esq. 9995 E. Sunnyslope Lane Scottsdale, AZ 85258

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 Complainant Cox Cactus Farm 34623 N 7th Ave Phoenix, AZ 85086

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. 2023-05521 /

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Cox Cactus Farm, Case No. 2023-05521

COMPLAINANT,

v. WAIVER Blue Sage Landscaping LLC License No. ROC 323627, RESPONDENT.

Under 41-1092.06(B) I waive my right to object to the participation of the Registrar’s settlement-conference representative in the final administrative decision. Further, I

acknowledge that statements, either written or oral, made at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in any subsequent administrative hearing.

_______________________ ________________________ ___________________ Printed Name Signature Date

On behalf of: Respondent On behalf of: Complainant

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 6/16/23, 1:15 PM State of Arizona Mail - ROC Complaint 2023-05521 Notice of Hearing

Erika Hoskin <[email redacted]>

ROC Complaint 2023-05521 Notice of Hearing messages

Erika Hoskin <[email redacted]> Fri, Jun 16, 2023 at 10:58 AM Bcc: [email redacted], [email redacted], Erika Hoskin <[email redacted]>

Blue Sage Landscaping LLC please share with your Attorney as we do not have a good email for them. Thank you!

Attached is a Courtesy copy of Notice of Hearing and hearing Packet mailed to you today.

Kindly,

Erika Hoskin

Legal Secretary

Arizona Registrar of Contractors, Legal Department

1700 W. Washington Suite 105

Phoenix, AZ 85007

602-771-6785

www.roc.az.gov

20230616 Notice of Hearing and Packet MAILED 2023-05521.pdf 3837K

Jessica Cox <[email redacted]> Fri, Jun 16, 2023 at 11:03 AM To: Erika Hoskin <[email redacted]>

We do not have an attorney. Are we required to have one?

[Quoted text hidden]

Erika Hoskin <[email redacted]> Fri, Jun 16, 2023 at 11:13 AM To: Jessica Cox <[email redacted]>

No, you do not. [Quoted text hidden]

Troy Roberts <[email redacted]> Fri, Jun 16, 2023 at 12:09 PM To: "[email redacted]" <[email redacted]> Cc: Colin Covington <[email redacted]>

https://mail.google.com/mail/u/0/?ik=[number redacted]&view=pt&search=all&permthid=thread-a:r4478104259931789511&simpl=msg-a:r849432866572038… 1/3 6/16/23, 1:15 PM State of Arizona Mail - ROC Complaint 2023-05521 Notice of Hearing

Erica,

My contact information is [email redacted]. If you need to call me or text, my cell number is below.

Troy Daniel Roberts, Esq.

Chief Legal Counsel

9995 E. Sunnyslope Lane, Scottsdale, AZ 85258

Mobile: (512) 573-9800

PRIVILEGE AND CONFIDENTIALITY NOTICE:

From: Erika Hoskin <[email redacted]> Sent: Friday, June 16, 2023 10:58 AM Subject: ROC Complaint 2023-05521 Notice of Hearing

Blue Sage Landscaping LLC please share with your Attorney as we do not have a good email for them. Thank you! [Quoted text hidden]

20230616 Notice of Hearing and Packet MAILED 2023-05521.pdf 3837K

Troy Roberts <[email redacted]> Fri, Jun 16, 2023 at 12:12 PM

https://mail.google.com/mail/u/0/?ik=[number redacted]&view=pt&search=all&permthid=thread-a:r4478104259931789511&simpl=msg-a:r849432866572038… 2/3 6/16/23, 1:15 PM State of Arizona Mail - ROC Complaint 2023-05521 Notice of Hearing

To: "[email redacted]" <[email redacted]> Cc: Colin Covington <[email redacted]>

Erica, can you please also send me the notice of informal settlement conference?

Troy Daniel Roberts, Esq.

Chief Legal Counsel

9995 E. Sunnyslope Lane, Scottsdale, AZ 85258

Mobile: (512) 573-9800

PRIVILEGE AND CONFIDENTIALITY NOTICE:

[Quoted text hidden]

Erika Hoskin <[email redacted]> Fri, Jun 16, 2023 at 1:15 PM To: Troy Roberts <[email redacted]> Cc: Colin Covington <[email redacted]>

Good Afternoon,

We had your email address incorrect on file. I do apologize. There was a temporary problem delivering your message to [email redacted]. Here is the attached Settlement Conference

-- [Quoted text hidden]

20230614 Notice of Settlement Conference MAILED 2023-05521.pdf 135K

https://mail.google.com/mail/u/0/?ik=[number redacted]&view=pt&search=all&permthid=thread-a:r4478104259931789511&simpl=msg-a:r849432866572038… 3/3 LEGAL RECEIVED 07/17/2023

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Cox Cactus Farm, No. 2023A-05521-NPC-ROC COMPLAINANT v. MINUTE ENTRY - GRANTING Blue Sage Landscaping LLC CONTINUANCE License No. ROC 323627, RESPONDENT At the request of Complainant, to afford the parties a reasonable amount of time to resolve their underlying dispute, the hearing in the above-entitled matter is continued and set for a STATUS UPDATE on Monday, August 28, 2023. On or before this date Complainant shall submit one of the following motions to the Office of Administrative Hearings (“OAH”): (1) Inform the tribunal that the matter has been satisfactorily resolved by submitting a MOTION TO VACATE the hearing; (2) Inform the tribunal that the parties need additional time to resolve the matter by submitting a MOTION TO CONTINUE and reset for STATUS by 30-days, 45-days, or 60-days, or (3) Inform the tribunal that the parties are unable to resolve their dispute and request that the matter be SET FOR HEARING. Failure to timely submit a STATUS UPDATE may result in the matter being vacated from OAH’s calendar and remanded to the referring agency for further action, if any, pursuant to ARIZ. ADMIN. CODE R2-19-111(4). Done this day, July 17, 2023. Office of Administrative Hearings

/s/ Jenna Clark Administrative Law Judge Transmitted by either mail, e-mail, or facsimile to: Martín Quezada, Director c/o Legal Department Registrar of Contractors 1700 W. Washington St., Ste. 105 Phoenix, AZ 85007 [email redacted] Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 LEGAL RECEIVED 07/17/2023

Blue Sage Landscaping LLC, Respondent 5402 S 40th St. Phoenix, AZ 85040 [email redacted] Troy D Roberts, Esq. 9995 E. Sunnyslope Ln. Scottsdale, AZ 85258 [email redacted]

Cox Cactus Farm, Complainant 34623 N 7th Ave. Phoenix, AZ 85086 [email redacted] By: OAH Staff

7/17/23, 1:15 PM State of Arizona Mail - 2023A-05521-NPC-ROC Cox Cactus Farm V. Blue SageRECEIVED LEGAL Landscaping LLC 07/17/2023

OAH Electronic Documents - AZROC <[email redacted]>

2023A-05521-NPC-ROC Cox Cactus Farm V. Blue Sage Landscaping LLC message

OAH <[email redacted]> Mon, Jul 17, 2023 at To: [email redacted], [email redacted], [email redacted] Cc: Legal New Mail - AZROC <[email redacted]>, OAH Electronic Documents - AZROC <[email redacted]>

This message is confidential and intended only for the named recipient(s). This message may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that reading, disseminating, distributing or copying this message is strictly prohibited. If you have received this message in error or are not the named recipient, please notify the sender by telephone, facsimile or e-mail and delete this message from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product or other applicable privilege.

1073975.PDF 9K

https://mail.google.com/mail/b/AAW1or8jKwV9ILaZ1fI450plRMJKRyckbRJdBs1resNWB4MY5IfZ/u/0/?ik=1a356ffe08&view=pt&search=all&permthid=t… 1/1 LEGAL RECEIVED 08/29/2023

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Cox Cactus Farm, No. 2023A-05521-NPC-ROC COMPLAINANT,

v. ORDER VACATING HEARING

Blue Sage Landscaping LLC ROC License No. 323627, RESPONDENT.

On July 17, 2023, a MINUTE ENTRY - GRANTING CONTINUANCE was issued which

required Complainant to file a STATUS UPDATE in the above-captioned matter by August 28,

2023. To date, no such filing has been received by or on behalf of Complainant. Therefore,

IT IS ORDERED, pursuant to ARIZ. ADMIN. CODE R2-19-111(4), this matter is hereby vacated from the calendar of the Office of Administrative Hearings and is remanded to the referring agency for further action, if any. Done this day, August 29, 2023. Office of Administrative Hearings

/s/ Jenna Clark Administrative Law Judge Transmitted by either mail, e-mail, or facsimile to:

Martín Quezada, Director c/o Legal Department Registrar of Contractors 1700 W. Washington St., Ste. 105 Phoenix, AZ 85007 [email redacted] Blue Sage Landscaping LLC, Respondent 5402 S 40th St. Phoenix, AZ 85040 [email redacted] Troy D Roberts, Esq. Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 LEGAL RECEIVED 08/29/2023

9995 E. Sunnyslope Ln. Scottsdale, AZ 85258 [email redacted] Cox Cactus Farm, Complainant 34623 N 7th Ave. Phoenix, AZ 85086 [email redacted] By: OAH Staff

8/29/23, 11:51 AM State of Arizona Mail - 2023A-05521-NPC-ROC Cox Cactus Farm V. Blue Sage LEGAL Landscaping RECEIVED LLC 08/29/2023

OAH Electronic Documents - AZROC <[email redacted]>

2023A-05521-NPC-ROC Cox Cactus Farm V. Blue Sage Landscaping LLC message

OAH <[email redacted]> Tue, Aug 29, 2023 at 1 To: [email redacted], [email redacted], [email redacted] Bcc: [email redacted]

1087693.PDF 7K

https://mail.google.com/mail/b/AEoRXRQvEhX9cR0wjZkzzVYEJTTj5DYlb2cWTeVaAJ02s9YR6hAn/u/0/?ik=1a356ffe08&view=pt&search=all&permthi… 1/1 9/6/23, 9:19 AM State of Arizona Mail - Request to Reopen No. 2023A-05521-NPC-ROC

Legal New Mail - AZROC <[email redacted]>

Request to Reopen No. 2023A-05521-NPC-ROC message

Jessica Cox <[email redacted]> Tue, Sep 5, 2023 at 1:06 PM To: Legal New Mail - AZROC <[email redacted]>

To whom it may concern,

I respectfully request to reopen Case No. 2023A-05521-NPC-ROC and to set a hearing date.

I failed to respond to the Office of Administrative Hearings in time with a STATUS UPDATE by August 28, 2023 after being granted a Continuance. I was very ill and had failed to check my calendar.

To date, the Respondent has failed to pay their balance in full and has indicated that they do not intend to. We requested a Continuance because they had been making their payments on time. The same week that the Continuance was granted, they bounced a check and have not made any payments since.

Please let me know what information I can provide you with, if any, for my request to reopen this case.

Thank you,

Jessica Cox

COX CACTUS FARM 34623 N. 7th Avenue Phoenix, AZ 85086 NEC Carefree Hwy & 7th Ave

cell: 480-220-1848 fax: 480-336-2933 email: [email redacted]

https://mail.google.com/mail/b/AEoRXRQW8MrQPvJkv7CoKO6UUqCne1AqdstqUOJIyFPZ7l0HdVWm/u/0/?ik=d3afebeda9&view=pt&search=all&per… 1/1 Mediation Notice

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

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