2023A-06015-CHC-ROC Notice of Hearing and Packet MAILED

2023A-06015-CHC-ROC · Registrar of Contractors · 2023-08-22

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Christopher Walsh , Case No. 2023-06015 COMPLAINANT, Docket No. 2023A-06015-CHC-ROC v. NOTICE OF HEARING ON Envision Landscape and Design LLC CONTESTED CASE License No. ROC 338258,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: October 2, 2023 1:00 PM Brian Del Vecchio Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

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

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

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

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

complaint and citation, which were served on the Respondent on July 24, 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)(2)(b) Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 3 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Charge: 4 A.R.S. § 32-1154(A)(16) Charge: 5 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B). CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04. HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via

video conference or telephone unless requested by a party to appear in-person. Requests for

the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with

the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days

prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.

The party seeking a subpoena must serve notice on all the parties to the hearing, and on the

Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a

disclosure statement on all other parties, and file it with the Office of Administrative Hearings.

A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit,

without good cause, may result in the administrative law judge excluding those witnesses or

exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is

available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure-

statement.

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

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

RESOLUTION SHORT OF ADJUDICATION

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated August 23, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail August 23, 2023 to: Respondent(s) Envision Landscape and Design LLC 2550 W Union Hills Dr #350 Phoenix, AZ 85207 Complainant(s) Christopher Walsh 17849 North 75th Drive Glendale, AZ 85308

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. 2023-06015 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Christopher Walsh 17849 North 75th Drive Glendale, AZ 85308

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

Respondent: Envision Landscape and Design LLC DBA: 2550 W Union Hills Dr #350 Phoenix, AZ 85207

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

May 30, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-06015

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for June 26, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · 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, Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 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 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 · Toll Free 877.692.9762 · 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 · Toll Free 877.692.9762 · 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 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Christopher Walsh 17849 North 75th Drive Glendale, AZ 85308

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: Envision Landscape and Design LLC 2550 W Union Hills Dr #350 Phoenix, AZ 85207

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 June 27, 2023

License No. ROC 338258

Re:Complaint No. 2023-06015

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 July 13, 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.

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 DIRECTIVE REQUIREMENTS

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

Compliance Item: 1 - Large rocks in clean fill dirt; Investigator’s Observation: Verified. There is gravel (3/4-) spread around under the sod. Per the contract (Grading - Grade the entire yard leveled and bring in clean fill dirt and mulch for sod) There should be clean fill and mulch under the sod, not gravel. Contractor should repair by appropriate means. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

Compliance Item: 2 - Irrigation protruding above grade; Investigator’s Observation: Verified. The irrigation pvc is installed in such a way that the top of the pipe is visible prior to sod installation. Per irrigation standards, the pvc lateral irrigation lateral lines should installed with at least six inches of cover for crush protection and to alleviate dry strips in the sod. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 3 - Weed barrier not installed/missing; Investigator’s Observation: Verified. There is evidence of areas where weed barrier is not properly installed.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Contractor should verify these areas and repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 4 - Incorrect concrete footing positions; Investigator’s Observation: Verified. There are six footings installed for a covered structure. The footings are installed incorrectly per local building authority (Too close to existing Structure). The footings are also the incorrect size at the top to receive the prefabricated structure. The concrete footing should be the adequate size to accept the post and hardware and should be located in an area approved by the local building authority. Contractor should repair by appropriate means. Governing Rule: Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Compliance Item: 6 - Working without a permit when a permit is required per local building authority. Investigator’s Observation: Verified. The covered structure requires a building permit per the local building authority. The contractor installed footings for the structure without permits or inspection. Footings should be approved for permit and inspected by the local building authority. Contractor should facilitate footing approval, proper placement and size, and make repairs/corrections by appropriate means. Governing Rule: Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Compliance Item: 5 - Promised partial refund & not received Investigator’s Observation: Financial dispute

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

Sincerely,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

CC: Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Envision Landscape and Design LLC 23598 W Atlanta Ave Buckeye, AZ 85326

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 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.: 2023-06015 Investigator: Mike Wiskow Inspection Date: June 26, 2023 Inspection Time: 10:00 AM

Complainant: Christopher Walsh Respondent: Envision Landscape Not Present: and Design LLC Not Present: X

Jobsite General Notes: Photos taken with Pixel 6 Pro. Audio recorded with Pixel Pro 6 digital voice recorder. Photos of rocky fill and shallow irrigation received from complainant.

Complaint Item: 1 - Large rocks in clean fill dirt; Investigator’s Observation: Verified. There is gravel (3/4-) spread around under the sod. Per the contract (Grading - Grade the entire yard leveled and bring in clean fill dirt and mulch for sod) There should be clean fill and mulch under the sod, not gravel. Contractor should repair by appropriate means. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

Complaint Item: 2 - Irrigation protruding above grade; Investigator’s Observation: Verified. The irrigation pvc is installed in such 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

a way that the top of the pipe is visible prior to sod installation. Per irrigation standards, the pvc lateral irrigation lateral lines should installed with at least six inches of cover for crush protection and to alleviate dry strips in the sod. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 3 - Weed barrier not installed/missing; Investigator’s Observation: Verified. There is evidence of areas where weed barrier is not properly installed. Contractor should verify these areas and repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 4 - Incorrect concrete footing positions; Investigator’s Observation: Verified. There are six footings installed for a covered structure. The footings are installed incorrectly per local building authority (Too close to existing Structure). The footings are also the incorrect size at the top to receive the prefabricated structure. The concrete footing should be the adequate size to accept the post and hardware and should be located in an area approved by the local building authority. Contractor should repair by appropriate means. Governing Rule: Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Complaint Item: 5 - Promised partial refund & not received Investigator’s Observation: Financial dispute Governing Rule:

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: 6 - Working without a permit when a permit is required per local building authority. Investigator’s Observation: Verified. The covered structure requires a building permit per the local building authority. The contractor installed footings for the structure without permits or inspection. Footings should be approved for permit and inspected inspected by the local building authority. Contractor should facilitate footing approval, proper placement and size, and make repairs/corrections by appropriate means. Governing Rule: Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

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

Christopher Walsh, Case No. 2023-06015 COMPLAINANT, v. Envision Landscape and Design LLC CITATION License No. ROC 338258, RESPONDENT.

The Registrar issues this Citation to Envision Landscape and Design LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 8, 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 25, 2023, Christopher Walsh (“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)(2)(b) Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another. of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge :3 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158. Charge :4 A.R.S. § 32-1154(A)(16) Knowingly contracting beyond the scope of the license or licenses of the licensee. Charge :5 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-06015. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Fax: (602) 364-0416 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 August 8, 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).

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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 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). 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. of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 July 24, 2023. By: /s/ Erin Johnson Erin Johnson Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 24, 2023 to: Respondent Certified Mail No: [number redacted] Envision Landscape and Design LLC 2550 W. Union Hills Dr. #350 Phoenix, AZ 85207 Respondent Certified Mail No: [number redacted]

Envision Landscape and Design LLC 23598 W. Atlanta Ave. Buckeye, AZ 85326 Copy mailed by USPS First Class mail this same date to: Envision Landscape and Design LLC 2550 W. Union Hills Dr. #350 Phoenix, AZ 85207 of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Envision Landscape and Design LLC 23598 W. Atlanta Ave. Buckeye, AZ 85326 Complainant Christopher Walsh 17849 North 75th Drive Glendale, AZ 85308 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. 2023-06015 / EJ

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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 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Christopher Walsh Mailing Address (Enter jobsite in Contract/Project section) City State Zip

17849 North 75th Drive Glendale Arizona 85308 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)

Envision Landscape and Design LLC ROC 338258 Street Address City State Zip

2550 W Union Hills Dr #350 Phoenix AZ 85207 Phone Number Email

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

Rafa Contract/Project Information Contract Date Contract Amount Amount Paid

March 9, 2023 $23,417.27 $23,417.27 Date Work Started Date Work Stopped Date Work Was Completed

March 30, 2023 April 16, 2023 May 16, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

17849 North 75th Drive Glendale AZ 85308 Name of Construction Site Owner Construction Site Name (if applicable)

Chris Walsh Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Poor Work;Other I have contacted the contractor by Phone/Text 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)

Large rocks in clean fill dirt; Irrigation protruding above grade; Weed barrier not installed/missing; Incorrect concrete footing positions; Promised partial refund & not received

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

Christopher Walsh \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 INVOICE Bill To

Chris Walsh 17849 N. 75th dr Glendale , AZ 85308 (602) 882-9492

Envision Landscape and Design LLC Payment terms Due upon receipt Invoice # 1713 2550 W. Union Hills Dr Suite 350 Phoenix, AZ 85027 Date 03/03/2023 Phone: (480) 599-3595 Business / Tax # ROC - 338258 Email: [email redacted] Web: www.envisionlandscapeanddesign.com

Description Total

Paver Pad $8,364.94 The paver pad borders will be cemented and pavers finished with polymeric sand.

total sq ft 1035

*Pool Deck extension *walk way

Paver Border/Travertine Border $1,898.25 All paver/travertine borders will be have a cement footing.

229 linear ft

Irrigation $3,885.61 New Timer New Valve Box PVC Schedule 40 new valves *3 sod *1 plants

Decorative Rock $2,113.77 tons - Decorative rock Grey -1/2 inch weed fabric

- Posts - patio Cover $1,274.48 - footings for pergola - patio posts

Demo Clean up/Dump/Haul Prep Grading Delivery $5,880.22 Demo- sod, oleanders, flagstone, pool deck saw cute, raised pool deck

Clean up/Dump/Haul

Prep- dig around septic tank clean outs for plumber

Grading - Grade the entire yard leveled and bring in clean fill dirt and mulch for sod

Delivery

Subtotal $23,417.27

Total $23,417.27

Hello Chris,

From our entire team at Envision Landscape THANK YOU. We are excited and looking forward to completing your project. Below you will find a project start day, project timeline, and payment schedule.

Projected Start Week: Week of: March 27th

Projected Completion Day: Week of: April 17th

Project Timeline 12-14 days

• 3-4 days – Demo, prep, grading, irrigation • 2-3 days – Paver, border • 3-4 days – rock, irrigacion, rock • 1-2 days – Clean up detail.

Total Project: $23,427.27

Payment Schedule: 30% - Material and Booking – Due - This Books the project and places material order. ** Once the first draw/payment is made the project is scheduled/booked. ** Start week could potentially change as we book on deposit commitment** $7028

20%- Start of Project – Pending- Due 2nd-3rd day of start of project. In process demo, prep, grading, irrigation, lighting, gas, electrical $4686

30% - Progress Payment – Due 6th – 7th day after paver laying starts starts. $7028

20% - Final Payment – Pending- when project is complete, no more pending estimated line items, street cleaned, and no more punch line items after completion. $4685.27

CC/Debit: Link sent via Invoice

Check: Envision Landscape and Design LLC

Chris Walsh

Change Order #1 04/01/2023

This Change Order modifies and amends the provisions of Invoice #1713 between Envision Landscape and Design LLC and Chris Walsh .

Description Total

Tree removal $259.04

Subtotal $259.04

Total $259.04

Overall Summary

Subtotal $23,417.27

Change Order 1 $259.04 Change Order Subtotal $259.04

Total $23,676.31

Payment Summary

03/04/2023 - Credit $7,028.00 Card or PayPal 04/01/2023 - $11,973.04 Credit Card or PayPal 04/14/2023 - Credit $4,675.27 Card or PayPal

Paid Total $23,676.31

Remaining Amount $0.00

INVOICE Bill To

Chris Walsh 17849 N. 75th dr Glendale , AZ 85308 (602) 882-9492

Description Total

Paver Pad $8,364.94 The paver pad borders will be cemented and pavers finished with polymeric sand.

total sq ft 1035

*Pool Deck extension *walk way

Paver Border/Travertine Border $1,898.25 All paver/travertine borders will be have a cement footing.

229 linear ft

Irrigation $3,885.61 New Timer New Valve Box PVC Schedule 40 new valves *3 sod *1 plants

Received 08/07/2023 ROC Legal

Written Answer to Citation and Complaint: Case No. 2023-0615

To Arizona State Registrar of Contractors:

We are responding to our Citation and Complaint Case No. 2023.0615 filed by Mr. Walsh. We acknowledge and below you find our attempt to correspond to all directives, repairs, warranties, and every line item included in the complaint to include payment made and payments withdrawn back from Mr. Walsh credit card company.

We had asked for the timeline of the directive to be re-stablished and reset as we did not have access to the property, and we continue to work with City of Glendale to acquire footing and proper patio cover placement and permit. We called and emailed multiple to have this addressed by Investigator Wiskow with no response to email or voicemail. I will start my response with project timeline and evidence.

Text and email on Mr. Walsh granting access. (Access granted July 20th -7 days past directive timeline)

Mr. Walsh did not grant access during the time of the directive, and we did not have access and time to assess the project and what we needed to coordinate and plan to execute the line items in the directive. It was until we wrote out a plan and a guarantee letter of our course of action with certain line items. This letter was never asked for at the beginning nor did Mr. Walsh express he needed us to write a plan out for him. We typed the letter of guarantee without prior site visit, and we did not meet with inspector Wiskow at the site visit, we did not receive any form of communication about the complaint until the directive email came out. The letter attached of guarantee was an ask of Mr. Walsh on July 19th (Email Attached), Allowing one day for us to have access and be able to visit the site.

For these reasons and for the delay in response from the City of Glendale we request for a timeline to be re-set and set appropriate and wire more accurate timelines for all line itmes to be corrected and settled at once. Mr. Walsh wanted to know what our plan was and what the course of action and plan was to the sod that is unavailable at the moment. We still want to help Mr. Walsh and getting this matter taken care of if our goal but all line items are not accurate on the directed, and have not been corrected.

Below you will find the emails and texts where Mr. Walsh asks for the letter of guarantee and his return from vacation and the email and text granting access. 7 days after the directive, we did not have permission to his property and delayed his responses from the beginning.

*Email – return from vacation (no access up until this point. He was out on vacation and had not asked for letter of guarantee) Received 08/07/2023 ROC Legal

*July 19th- asked for written guarantee of sod – solution

*Text From Mr. Walsh allowing access the 7 days after the directive and guarantee letter typed.

****We have attached the entire email conversations and text messages. **

From the completion of the project, Mr. Walsh has asked for money and for corrective actions to be made on his project. From the beginning of his complaints, we have attempted to address and or correct but we did not feel to be fair to do both and Mr. Walsh expressed not trusting our business to come back.

May 18th : We Called ROC Office – • Spoke to Inspector Avila (it was a transfer to him). We told him about Mr. Walsh and went over the scenario and what we were dealing with. Mr. Walsh wanted us to pay money back and we felt that what he had asked for was fair but were un eased because we felt that even if monies back where granted he would still pursue ROC. We told the inspector that we (if allowed) would come out and repair the miss on the project rather than pay any monies back. Mr. Walsh did not allow us to come back at the time. We had a Received 08/07/2023 ROC Legal

feeling Mr. Walsh would take the money and continue to follow with ROC even if monies where granted and he did. Through talking to Inspector Avila, he advised that due process would be served best if Mr. Walsh Did follow and ROC complaint.

Compliance Item: 1 - Large rocks in clean fill dirt:

April 18th: To the best of our abilities, we had sent a crew out to clear and clean the entire area.

April 19th: Mr. Walsh reached out and we did not answer his text due to a doctor’s appointment and we missed it. From here we did not hear from Mr. Walsh call, text or email from him until we received notification of a Yelp Review. Received 08/07/2023 ROC Legal

April 27th. Yelp review – No response from anyone in our team (family owned business) due to traveling out of State for nephew cancer remission and final stages visit.

May 1st- Call and left voice mail to Mr. Walsh

May 5th – Text from Mr. Walsh

“Hi Rafa, left a voice mail as well. Feeling pretty blown off again after our call and multiple texts of seeking an update. You mentioned doing whatever it takes & we discussed a refund of my final payment which you were on board with. Hoping for an update on efforts soon. Thanks.” Received 08/07/2023 ROC Legal

May 22nd – text from Mr. Walsh

Good morning Rafa. I've given plenty of time again for a solution. Since you agreedment to refund my last payment to make up for the mistakes made, I will be disputing it with my bank. I will additionally be making a claim with ROC against the company so that they are aware of the issues in addition to the failure to follow up and make the agreements made right.

Response: Hello Chris. Spoke to ROC ourselves. We would like for you to proceed that route to follow due process. Even if i returned money back per advice i would still be responsible for project. My ROC info is attached. we will respond promptly to the submission.

Response Mr. Walsh: Still willing to discuss, as mentioned if we went that route I would be OK assuming responsibility of work completed. As mentioned again, I just don't have the confidence in your team to "fix" any issues which is why we landed at the solution we did. I would additionally be within agreement to remove any negative reviews. Willing to work with you here, not trying to be difficult. I just want a solution & what we were agreeing upon.

May 27th : Money taken back from Mr. Walsh Credit Card institution – Which would then have settled his claim. To today Aug 7th 2023 we do not have the money back and Mr. Walsh has not provided any information for us to dispute the charge. We have a screen shot of his original payment (which he made) but not a transaction or evidence showing that his institution has paid us Back. We have a call recording from Paypal (our merchant service) on August 7, 2023 Where is it confirmed that Mr. Walsh has been paid back the money and no money has been granted back to us and it is still pending due to a cancelled transaction from his bank institution. Received 08/07/2023 ROC Legal

If Mr. Walsh cannot provide a statement and or information proving that his bank has returned the monies back, we are owed the final payment.

04/14/2023 - Credit Card or PayPal $4,675.27 Returned – owed

Compliance Item: 2 - Irrigation protruding above grade

• We can correct this once the sod is removed

Compliance Item: 3 - Weed barrier not installed/missing;

• Weed barrier was applied in the areas. Weeds are growing on top of weed barrier and rock. This cannot be preventable as the weeds are growing on top weed barrier. We haveoffered a third party weed control company to come and spray. They guarantee 12 month.

Compliance Item: 4 - Incorrect concrete footing positions & Compliance Item: 6 - Working without a permit when a permit is required per local building authority.

• We are working with the City of Glendale and have submitted for permit. Mr. Walsh has provided us with information in -regards to his patio cover bought. Due to its size City of Glendale requires a permit to build. Our responsibility is Received 08/07/2023 ROC Legal

solely the footings. The delay comes from the patio cover company. They provide very little information and not enough to be able to submit for proper footing submission information. The patio cover business guided us to the city for proper footing engineering and the city of phoenix guided us to the manufacture. Because of the delays and unknown information, we seeked engineering and AZ State Stamp of approval to be able to submit to the city for permit. On August 7, 2023 we visited the City of Glendale and the packet had been received and was going through engineering and still had a 10 day response pushing approval or response 2 more weeks.

Compliance Item: 5 - Promised partial refund & not received

• Mr. Walsh has resourced out to his credit card company and as of August 7, 2023 we do not have the monies taken back by his credit card company or any proof or ability to dispute the charge back. Received 08/07/2023 ROC Legal

Envision Landscape and Design LLC

2550 W. Union Hills Dr #350

Phoenix AZ 85027

Subject: Written Commitment for Sod Replacement

Dear Chris Walsh,

I am writing as a written commitment regarding the replacement of sod for the landscaping project at your property 17849 N. 75th dr. Per agreement, Envision Landscape has AZ ROC directives that in order to comply dictates the current sod (TifTuf) to be removed.

Due to unforeseen circumstances or unavailability of sod materials, there might be a delay in sourcing the necessary sod for the project. Such occurrences may be beyond our immediate control, I believe it is essential to establish a clear understanding regarding the course of action in such situations.

To ensure that our agreement remains in good faith and to protect both parties' interests, we have written a commitment that clearly states the following:

1. In the event of unavailability of sod materials, Envision Landscape will prioritize sourcing and installing the required sod as soon as it becomes available. We will maintain contact with Evergreen (manufacture/producer) once a week every Friday until it becomes available. 2. The replacement sod will be equal to Tuftif quality, species, and appearance to the original sod agreed upon in the directive stated. 3. Any additional costs associated with the replacement of sod due to unforeseen circumstances or unavailability will be borne by Envision Landscape, and the client will not incur any additional charges for the sod replacement. 4. A reasonable timeframe will be provided for the sod replacement, and both parties will collaborate to ensure smooth execution during this process. We will schedule delivery 2 weeks after it becomes available to properly schedule delivery and ensure we work on property access with you. 5. There will be no compensation for loss of use due to its removal, install, only its replacement, further care and success of the sod is solely the responsibility of the homeowner or another lawn care provider.

Thank you for your attention to this matter. I look forward to receiving your written commitment and continuing the successful progress of the landscaping project. Received 08/07/2023 ROC Legal

Please feel free to contact me if you have any questions or require any further information.

Sincerely,

Rafael Zamora

07/20/2023 Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal Received 08/07/2023 ROC Legal

To review team.

A li/le background on what we do. We are a landscape construc;on business that focuses on hardscape, synthe;c grass, and irriga;on systems installa;on in the Phoenix area. We are a licensed contractor and follow Arizona State Registrar of Contractors law and policies.

This is to provide informa;on in Re-regards to the dispute submi/ed by Mr. Walsh. Mr. Walsh dispute is invalid as all services and products were delivered and installed. AGer we completed our project with Mr. Walsh, Mr. Walsh hired another third-party company to complete a second por;on of a landscape project he had at his home. During this ;me, they found some correc;ons needed to be made in order for them to proceed.

His immediate request – to have our crews head back out and clean up debris from natural clean ﬁll dirt was completed. we had a crew there next day handling it.

From that ;me, Mr. Walsh requested a call that we did not return because we missed it. We did not call him back the day he requested and there was not a second a/empt or a call to our main oﬃce from Mr. Walsh

Mr. Walsh had called because he needed some irriga;on lines to be buried as they were exposed and needed this done to complete the part of the project by another landscape company.

Because we did not make a call back, Mr. Walsh gave us a 1 star ra;ng on mul;ple social medial plaRorms and now the invalied dispute for his ﬁnal payment.

AGer the none returned phone call and the 1 star review, myself (Rafael Zamora) called Mr. Walsh the following week Monday (3 days later) to address his concern. He at this point made statements such as but not limited to – not trus;ng our business and doing a poor job. Which by the pictures he provided the project did need some correc;ons by us but not that the service was non delivered or never done or a subscrip;on cancel as the dispute states.

By Arizona State Law and the Arizona Registrar of Contractors, if Mr. Walsh had a valid work/project related issue he is to allow for the contractor to enter the property to repair and properly complete the project or task. We as a registered licensed and bonded contractor have to provide a 2 year warranty on all labor and parts, whether he felt conﬁdent in the business or not. If Arizona State and Registrar of Contractors deemed that we where at fault and did not respond to his issue in a ;mely manner the State of Arizona and the Registrar of Contractors would have awarded Mr. Walsh payment from our business bond to complete his project and us panelized.

Since, we have contacted Mr. Walsh on two separate occasions and both he has requested a refund or par;al money back which we now take back and do not agree to handle this ma/er on his terms. We, Envision Landscape have contacted the Arizona State and the Registrar of Received 08/07/2023 ROC Legal

Contractors and brough them up to the situa;on. They have advised to not return any monies back, as we would s;ll be liable for the project to its 2 year warranty but also not following due process. We have advised Mr. Walsh to proceed in that manner. We are s;ll liable and caplable as a business to ﬁxing the repairs and warranty claims by MR. Walsh, but refusal to allows us back does not warrant a case for Arizona State and The Registrar of Contractors. We feel that Mr. Walsh is trying to pursue the system in an incorrect manner and since he was not been successful as resulted in a/emp;ng to collect his ﬁnal payment.

Below and other a/achments you will ﬁnd evidence of how we fulﬁlled Mr. Walsh’s es;mate and project and that he too agreed to pay full amount. We do not collect ﬁnal payment un;l project is complete and project is walked by me or one of our ﬁeld representa;ves which we did and Mr. Walsh acknowledges and made ﬁnal payment. He and all our other customers pay the ﬁnal por;on as the project is complete. Mr. Walsh rather than a dispute for his charge or monies back should have allowed for the repairs to happen, and his issues are a warranty issue not a payment issue or delivery of material or labor.

We are prepared to take this to court if our explana;on and documenta;on is not suﬃce to return the withheld monies from our acct. Received 08/07/2023 ROC Legal

Envision Landscape and Pools LLC Developer Help Rafael Zamora

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Date Type Name Payment Gross

May 31, 2023 Update from Reversal Canceled $4,511.61 USD

Temporary Hold Christopher Walsh Removed -$4,511.61 US May 27, 2023

i Payment from Christopher Walsh Completed $4,675.27 USD Apr 14, 2023

Payment from Christopher Walsh Completed $11,973.04 US Apr 1, 2023

Payment from Christopher Walsh Completed $7,028.00 USD Mar 4, 2023

; Received 08/07/2023 ROC Legal

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Answers - AZROC <[email redacted]>

Written Answer To Citation and Complaint Case No. 2023-0615 message

Rafael Zamora <[email redacted]> Mon, Aug 7, 2023 at 7:33 PM To: [email redacted]

Attachments available until Sep 6, 2023

Click to Download Click to Download Written Answer to Citation and Complaint- Case No. 2023-0615.pdf Chris Sod Guarantee .pdf 1.2 MB 79 KB

Click to Download Click to Download CHRISTOPHER WALSH GLANDALE CITY ARIZONA V3.pdf Pay - Pal Chris Walsh dispute.pdf 15.2 MB 38 KB

Click to Download Click to Download Pay Pal - C Walsh .pdf Pay Pal Chris Walsh text messages 1 .pdf KB 10.4 MB

Click to Download Click to Download Pay Pal Chris Walsh text messages 2.pdf Pay Pal Chris Walsh text messages 3 .pdf 14.6 MB 5.4 MB

https://mail.google.com/mail/b/AEoRXRTupAlwTvE4wXK9kyhdrgr47nqpOhre-e22TGnGtI_WuDOL/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: 7/19/23, 9:05 AM State of Arizona Mail - Re: Written Directive/Warning Letter

Michael Wiskow <[email redacted]>

Re: Written Directive/Warning Letter messages

Rafael Zamora <[email redacted]> Tue, Jul 18, 2023 at 4:25 AM To: Michael Wiskow <[email redacted]>

Good morning Mike,

I wanted to get your help. We wanted to ask if we could close out the complaint. Per the email chain with Chris we did not have access to the property because he was on vacation for the first two weeks after the directive letter.

After he started to respond and answer the SOD he prefers is not available and no ETA on when Evergreen (the producer of TifTuf) would have it not allowing us to complete the Sod portion after the clean up of the fill dirt that was applied. We answered all his questions and wanted had intentions to become compliant.

We have attempted to resolve and to contacted and have been unsuccessful in resolving. Chris responses are not fast. And, I know the involvement of money and transactions is not something you guys work with but he has to pulled his last payment leaving a balance now on his project. Would you please call me and advise me.

Rafael Zamora [number redacted]

On Jun 27, 2023, at 9:35 AM, Michael Wiskow <[email redacted]> wrote:

Please see attachments

-- Mike Wiskow Investigator #217 AZ State Registrar of Contractors 602.771.6750

<20230627 C009 Written Directive (Inspection).pdf><20230627 C013c Warning Letter - Building permit (contractor).pdf>

Michael Wiskow <[email redacted]> Tue, Jul 18, 2023 at 10:43 AM To: Rafael Zamora <[email redacted]> Cc: Chris Walsh <[email redacted]>

Good Morning, Has anything on the directive been resolved or completed?

Thank You [Quoted text hidden]

Chris Walsh <[email redacted]> Tue, Jul 18, 2023 at 5:27 PM To: Michael Wiskow <[email redacted]>

Good afternoon Mike, hope you are doing well. https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 1/2 7/19/23, 9:05 AM State of Arizona Mail - Re: Written Directive/Warning Letter

Nothing has been completed, resolved or even started. I left you a voicemail to call but you mentioned prior email is best.

Reading Rafaels email below is pretty infuriating and not truthful in the slightest & realistically displays what I have been dealing with from our first interactions. You have been copied on all email communications thus far between us.

From the beginning, i've only sought clarification from the contractor on the issues I originally addressed with you in the beginning;

1) Permit for the footer work. Contractor stated they had nothing to do with the permit, however the email chain does prove different as they are the creators of the permit application which was supplied in addition to the plans submitted missing load bearing & correct setbacks.

2) Sod - ensuring the contractor will be responsible for the replacement and/or cost since they will need to remove to correct their errors. Furthest this went is the Contractor asking if they can extend the directive to September (now i'm seeing they want the entire complaint closed?). This had nothing to do with "me being on vacation" which was only for the 4th of July Holiday (not two weeks). The sod was unavailable even in prior communications between yourself and I. Additionally, how is sod not being available my issue? I don't understand this, I didn't cause the incorrect work to begin with.

3) The financial dispute has nothing to do with the ROC directive, and even if it was part of the process; The dispute filed went to the Contractors favor to follow due process with ROC warranty claim work. The missing monies is between the Contractor and their transaction company as my Credit Company has already placed the charge back on my account which can additionally be verified.

I don't appreciate the contractor's email below, as it does not even come close to representing the events & communications since June 27th in which I have been proactively attempting (even before ROC has been involved) to resolve since the project "completion" back in March. To me, this is exactly what I have been dealing with, and it's getting extremely frustrating, the Contractor has not made any further attempts to arrange a date & time since we have been attempting to clarify the issues above to even begin work & remediation.

Myself and my wife are now going on 6 months of having an incomplete project, and being unable to do anything additional with our yard, or even use it how we wish to use it.

Regards, -Chris [Quoted text hidden]

Rafael Zamora <[email redacted]> Wed, Jul 19, 2023 at 5:42 AM To: Michael Wiskow <[email redacted]> Cc: Chris Walsh <[email redacted]>

Good morning Mike,

No, we have not had access to the property and for the first better two weeks of the Directive letter Chris had been out of town. There is also that the sod Chris purchased is not available and grower and producer does not have an eta. We have also attempted to reach Chris via phone and have recorded time and day.

The final payment made by Chris has been drawn from our account and has not been recovered. We have provided our bank statements and asked for help as he claims it has been drawn and paid back. We on our end have not received the payment back and have credited back his final payment. We asked for help on his end to provide a bank or card statement for us to better follow or pursue with a confirmation number as our processor has not recovered and the funds and will no longer attempt to draw as his card issuer canceled the payment. His bank or card issuer (we don't have access to this information) due to canceled payment and in Chris pasts text messages this would have settled the claim. [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 2/2 7/19/23, 9:05 AM State of Arizona Mail - Re: Written Directive/Warning Letter

Michael Wiskow <[email redacted]>

Re: Written Directive/Warning Letter messages

Rafael Zamora <[email redacted]> Tue, Jul 18, 2023 at 4:25 AM To: Michael Wiskow <[email redacted]>

Good morning Mike,

Rafael Zamora [number redacted]

On Jun 27, 2023, at 9:35 AM, Michael Wiskow <[email redacted]> wrote:

Please see attachments

-- Mike Wiskow Investigator #217 AZ State Registrar of Contractors 602.771.6750

<20230627 C009 Written Directive (Inspection).pdf><20230627 C013c Warning Letter - Building permit (contractor).pdf>

Michael Wiskow <[email redacted]> Tue, Jul 18, 2023 at 10:43 AM To: Rafael Zamora <[email redacted]> Cc: Chris Walsh <[email redacted]>

Good Morning, Has anything on the directive been resolved or completed?

Thank You [Quoted text hidden]

Chris Walsh <[email redacted]> Tue, Jul 18, 2023 at 5:27 PM To: Michael Wiskow <[email redacted]>

Nothing has been completed, resolved or even started. I left you a voicemail to call but you mentioned prior email is best.

From the beginning, i've only sought clarification from the contractor on the issues I originally addressed with you in the beginning;

Myself and my wife are now going on 6 months of having an incomplete project, and being unable to do anything additional with our yard, or even use it how we wish to use it.

Regards, -Chris [Quoted text hidden]

Rafael Zamora <[email redacted]> Wed, Jul 19, 2023 at 5:42 AM To: Michael Wiskow <[email redacted]> Cc: Chris Walsh <[email redacted]>

Good morning Mike,

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 2/2 6/30/23, 12:04 PM State of Arizona Mail - Written Directive/Warning Letter

Michael Wiskow <[email redacted]>

Written Directive/Warning Letter messages

Michael Wiskow <[email redacted]> Tue, Jun 27, 2023 at 9:35 AM To: [email redacted], Chris Walsh <[email redacted]>

Please see attachments

-- Mike Wiskow Investigator #217 AZ State Registrar of Contractors 602.771.6750

attachments 20230627 C009 Written Directive (Inspection).pdf 187K 20230627 C013c Warning Letter - Building permit (contractor).pdf 136K

Rafael Zamora <[email redacted]> Tue, Jun 27, 2023 at 12:07 PM To: Michael Wiskow <[email redacted]> Cc: Chris Walsh <[email redacted]>

Good morning Michael,

We have received both letters and written directives. I left you a voice mail to reach back out as I have two questions. However, we have been set and ready to resolve this matter, this weekend with our team to complete the repairs/warranties for Chris. We can start to move our teams over this Friday and extend over the weekend to get the matters addressed and taken care of. Please call me at the contact info provided below.

Rafael (Rafa) Zamora 480.647.8863

[Quoted text hidden] [Quoted text hidden] <20230627 C009 Written Directive (Inspection).pdf><20230627 C013c Warning Letter - Building permit (contractor).pdf>

Rafael Zamora <[email redacted]> Tue, Jun 27, 2023 at 12:35 PM To: Michael Wiskow <[email redacted]> Cc: Chris Walsh <[email redacted]>

Chris,

Would you be available tomorrow to walk the project so that we can prepare for the repair? If not please provide a schedule that works for you so that we can stop by and visit the property and go over the line items. [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 1/2 6/30/23, 12:04 PM State of Arizona Mail - Written Directive/Warning Letter Chris Walsh <[email redacted]> Tue, Jun 27, 2023 at 5:24 PM To: Michael Wiskow <[email redacted]>

Good afternoon Mike, hope you are doing well.

If you could please give me a quick call, have some questions on next steps / concerns.

602-882-9492 -Chris [Quoted text hidden]

Chris Walsh <[email redacted]> Wed, Jun 28, 2023 at 1:03 PM To: Michael Wiskow <[email redacted]>

Good afternoon Mike,

Apologies I missed your call. I just wanted to chat through a few things/concerns I have with the contractor completing the repairs.

First is the load bearing footers. I noticed in the written directive the contractor cannot hire a separate contractor to conduct the work. They also do not have the proper license to do so, how will that work?

Second is the gravel & irrigation. Since I couldn't cancel the sod installation/delivery due to the Contractor not remedying the situation originally, the sod will obviously need to be pulled & then subsequently replaced. Will they be responsible for the cost of the sod? Adding to that is the tif sod I purchased is a very popular hybrid and only one company in Arizona distributes it. Looking at their website they do not have any ready for harvest and likely will not until next year.

Regards, -Chris [Quoted text hidden]

Michael Wiskow <[email redacted]> Thu, Jun 29, 2023 at 7:51 AM To: Chris Walsh <[email redacted]>

Hey Chris,

1. The respondent did indicate to me that he has another company with a proper license. I'm waiting for that confirmation. If that's the case, he can do the work.

2. I would say if the sod is available, he should replace it. If it is available, then obviously the ROC cannot force him to replace it. That would be up to the two parties to determine.

Thank You

[Quoted text hidden]

Chris Walsh <[email redacted]> Thu, Jun 29, 2023 at 11:58 AM To: Michael Wiskow <[email redacted]>

Thanks Mike,

Point two is my biggest concern. Since the sod is not available, and more than likely not available until next year. That leaves me vulnerable to replacing $4k in sod on my own dime for the company to fix the issues underneath. In addition to leaving me with an unusable yard until I/they can replace the turf.

This is the main reason I was seeking the refund of my last payment with the company. [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 2/2 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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