2023A-06283-CHC-ROC Notice of Hearing and packet MAILED

2023A-06283-CHC-ROC · Registrar of Contractors · 2023-11-15

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Steve Manos , Case No. 2023-06283 COMPLAINANT, Docket No. 2023A-06283-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Postorino Pool Service and Repair Inc License No. ROC 143409,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

January 2, 2024 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 October 20, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3)-R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is

cause for the suspension or revocation of a license, Respondent is a party to this case and will

be a party to the hearing.

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

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

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

1156(B).

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

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

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

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

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

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

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

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure- statement.

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced

or delayed, and the position of all other parties regarding the advancement or delay.

A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

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

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated November 16, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail November 16, 2023 to:

Respondent(s) Postorino Pool Service and Repair Inc 7360 E Acoma Dr Ste 7 Scottsdale, AZ 85260 Complainant(s) Steve Manos 11205 East Troon Mountain Drive Scottsdale, AZ 85255 Alan Christenson, Esq. 43 E 1st Ave Mesa, AZ 85210

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 Complainant’s Attorney at email address of record with Registrar

Case No. 2023-06283 /

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: Steve Manos 11205 East Troon Mountain Drive Scottsdale, AZ 85255

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: Postorino Pool Service and Repair Inc 7360 E Acoma Dr Ste 7 Scottsdale, AZ 85260

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

June 2, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-06283

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 20, 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.

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 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.

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

Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]

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.

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

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 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 Complainant: Steve Manos 11205 East Troon Mountain Drive Scottsdale, AZ 85255

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: Postorino Pool Service and Repair Inc 7360 E Acoma Dr Ste 7 Scottsdale, AZ 85260

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 July 20, 2023

License No. ROC 143409

Re:Complaint No. 2023-06283

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 August 21, 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 reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS

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

Complaint #1 Remedy for ruining pool light Inspector’s Observation: Both parties agreed a working light was in the contract. Respondent states the existing wires to the light were possibly pinched and were cut. • Respondent shall complete project per original contract agreement, plans, specifications and properly executed change orders.

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 Complaint #3 Correction of lower spa cleaning issues that he caused in changing pumps Inspector’s Observation: It appears the lower spa cleaning system is not functioning as intended. • Respondent shall correct by the appropriate means.

Complaint #4 Cutting out conduit pipes, and clogging spa main drain by failure to put sponge in drain prior to demolition of existing pool finish (The pop ups were working prior to his work). Inspector’s Observation: It appears the lower spa cleaning system is not functioning as intended. • Respondent shall correct by the appropriate means.

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Complaint #2 Correction of Pebble Fema finish Inspector’s Observation: It’s been to long since the pool was completed for me to determine if the pools finish is due to poor workmanship.

Complaint #5 Completion of conduit and wiring issues (includes lights- red brass and gfci circuits Inspector’s Observation: Completed prior to the inspection and the pool light circuit was abandoned.

Complaint #6 Stop leaking around conduit stubs, and pool equipment wires and conduit Inspector’s Observation: Completed prior to the jobsite inspection.

Complaint #7 Completion of aqua link connections and wiring and reassembled. Inspector’s Observation: Completed prior to the jobsite inspection.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Steve Manos 11205 East Troon Mountain Drive Scottsdale, AZ 85255

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Postorino Pool Service and Repair Inc 7360 E Acoma Dr Ste 7 Scottsdale, AZ 85260

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Directive Compliance Inspection 10-17-23

Case No.: 2023-06283 Investigator: Steve Klein

No Compliance inspection was performed. I received an email from the Complainant stating the contractor did not address Complainant #1 in the directive.

Compliance Findings:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Steve Manos, Case No. 2023-06283 COMPLAINANT, v. Postorino Pool Service and Repair Inc., CITATION License No. ROC 143409,

RESPONDENT.

The Registrar issues this Citation to Postorino Pool Service and Repair Inc.,

(“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by

November 4, 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.

THE WRITTEN COMPLAINT

On June 2, 2023, Steve Manos (“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

violations of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

Charge :1 A.R.S. § 32-1154(A)(3)-R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. of 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)(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 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 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. 2023-06283. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

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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 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 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 November 4, 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. THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. of 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 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not of 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 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated October 20, 2023. By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 20, 2023 to: Respondent Certified Mail No: [number redacted] Postorino Pool Service and Repair Inc. 7360 E Acoma Dr. Ste. 7 Scottsdale, AZ 85260-3118

Copy mailed by USPS First Class mail this same date to: Respondent Postorino Pool Service and Repair Inc 7360 E Acoma Dr. Ste. 7 Scottsdale, AZ 85260-3118 Respondents Attorney Alan Christenson, Esq. E 1st Ave Mesa, AZ 85210 Complainant Steve Manos 11205 East Troon Mountain Drive Scottsdale, AZ 85255 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

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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 Case No. 2023-06283/du

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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 Received 11/02/2023 ROC Legal

November 2, 2023

Written Answer to Citation and Complaint Case No. 2023-06283

To: Whom It May Concern:

In response to Case No. 2023-06283 I will address the complaints with an understanding

of some initial facts of the project. From the original inspection that created the bid, the pool

and spa were both drained by the homeowner, Steve Manos (the complainant), which meant no

hydraulic function or components of the pool, spa or equipment could be analyzed or assessed.

In addition, both of the existing brass light conduits had been cut short of operational

length and both cords unattached, laying on the ground next to the conduit. Neither light could

be verifiable as operational, and the pool light conduit had been cut below water level.

In reference to the complainant's response to Inspector Steve Klein’s inquiry of August

24, 2023, the complainant's e-mail was not entirely accurate. The Complaint #3-4 were

completely remedied! Upon replacing an integral component (water valve rebuild kit) of the

Polaris Caretaker in-floor cleaning system, the spa cleaning system operated perfectly and as

expected. I never made the claims that the complainant states. I mentioned, in explaining the

operation of the system, to the complainant that the system is made up of 5 zones of an assorted

amount of cleaning heads and it appeared that one of the zones had only one head, which was

somewhat unusual. All zones were working properly before I left on August 26, 2023. The claim

of 3 heads not functioning could be true, and on August 28, 2023, I offered to vacuum the spa

and re-inspect, and the complainant declined. The claim of the pool draining is immaterial to the

spa function and is not related to a diverter valve which was in a slightly open position, allowing

for an overflow of pool to the spa in spa-mode. Received 11/02/2023 ROC Legal

I recall nothing of a comment regarding pressure on the system while in spa-mode. The

Polaris Caretaker system typically operates at a higher pressure.

In regard to Complaint #1, which incidentally was removed from the original bid and

refunded, this was never disputed when payment had been finalized. This is noted on the final

plus addendum invoice as the last line item.

From the start of our process, to reclaim the lights for the pool and spa, followed a typical

course of action. Since the light fixture is a sealed unit, we cut the existing fixture off of the cord

and attempt to pull the cord through the conduit in either direction. In cases when we can’t

free-up the cord to allow us to pull the new light fixture, we will call our electrician to attempt

with equipment we don’t possess. That was the case with this project and the electrician have

98-99% success rate of freeing up the cord. In this situation, freeing up the cord did not occur

and my electrician surmised the brass was pinched underneath the water feature. Upon being

informed of this, the complainant responded with (paraphrased) “expletive” me, I guess I will

have to live without it then! Hence, the refund of the pool light line item.

I told the complainant on August 22, 2023, that I had a “potential” solution but would

need to drain the pool once temperatures were less risky to the surface, which would likely be in

October. I have included temperature data noting the high temperatures persisted which has

delayed the discovery process for the light.

The complainant is correct on his understanding of suitability of using the existing cord.

However, as stated, this requires draining the pool. It is our practice to request drain waivers,

which were sent to the complainant on October 25, 2023. Once signed and returned, we will

schedule the work. The waivers have not been returned at the writing of this response, to the best

of my knowledge. Received 11/02/2023 ROC Legal

I also made clear that despite this attempt to install an operational light the cord might not

be in condition to have a successful result. In reference to the potential solution not being

presented as an option at the original discovery, it was relayed to me that there was no interest in

pursuing an option by the complainant and the aforementioned paraphrased comment was made.

I have absolutely no recollection of the ROC standards that were asserted by the complainant. In

fact, I recall informing Investigator Steve Klein, #174, that a remedy would more likely require

draining the pool when temperatures became more favorable. I have had no desire for the

complainant to inform the case be closed until I attempted the remedy. There is absolutely no

basis to consider suspending or revoking a license. Postorino Pools has been in this business for

over 50 years, and has never had a complaint as such, in our existence. We feel this is

unwarranted. Integrity is a priority for us, and our history demonstrates that.

Thank you,

Doug Sydenham

President and General Manager

Postorino Pools, Inc.

ROC# 143409, 144923 Received 11/02/2023 ROC Legal Received 11/02/2023 ROC Legal Received 11/02/2023 ROC Legal Received 11/02/2023 ROC Legal DRAIN AND ACID WASH DISCLOSURE STATEMENT AND ACKNOWLEDGMENT

Draining/Acid Wash Treatment of a swimming pool’s finish is a maintenance procedure usually required periodically throughout the life of a swimming pool. However, since these procedures involve draining the swimming pool and applying chemicals to the plaster, there are certain risks involved not normally associated with day to day maintenance procedures and which are not within the control of the pool service person. The purpose of this statement is to provide you the customer, with additional information concerning these procedures and inform you of some of the risks involved and the typical results of such procedures.

Draining Periodic draining of swimming pool water is a common maintenance practice. It is routinely performed to remove water that has become hard or laden with excessive minerals or to perform needed repairs to a pool. Normally, removal of water from a pool does not cause a problem. However, there are a few things that can happen which you should be aware. When the water is removed, the pool may raise out of the ground, a condition often caused by hydrostatic pressure (i.e., too much moisture in the soil). Once exposed to the air, tiles may fall off the pool; plaster can shrink, expand, crack, blister, flake or pop off, etc. These problems do not normally occur and are beyond the control of the person who has ‘drained the water’. However, the possibility of these problems occurring can be reduced by not draining the pool during the rainy times of the year or leaving the pool empty for more than 48 hours during hot or dry weather before refilling. Repairs that require the draining of a pool should be expedited and the pool refilled as soon as possible.

Acid Washing/Acid Treatments The decision to use acid procedures to remove stains and mineral buildup from a pools surface should be very carefully considered. Under most circumstances, staining or mineral buildup takes many months or years to accumulate. While acid treatments are recognized as a common procedure for removal, there are several problems that may occur. The process of applying acid to plaster surfaces may cause the surface to etch, become rough or expose the aggregate in the plaster mix. To what degree this occurs depends on the concentration of acid, the temperament of the stain being removed and the quality and condition of the plaster itself. In some cases cracking, thinning or delaminating of the tile and plaster could be a pre-existing condition and is beyond the control of the acid wash applicator. Consideration should be given to the experience and recommendation of the applicator and if you have any doubts, seek a second opinion or additional information.

An evenly colored, smooth texture after an acid procedure is a totally unrealistic expectation. The stains most likely took a long period of time to develop and could be embedded deeply into the plaster material. At best the consumer can expect the pool’s appearance to look ‘brighter’ than before, with some stains remaining. Sanding will aid in the restoration of the pool’s surface texture.

Non-Compliant Drain Covers When it comes to pool safety, multiple layers of protection are crucial. That is one of the reasons why on December 19, 2007, President George W. Bush signed the Virginia Graeme Baker Pool and Spa Safety Act of 2007. The act is intended to increase the safety of swimming pools and spas by motivating states to pass laws that incorporate layers of protection in order to help prevent drowning, drain entrapment and hair entanglements.

It's important for all pool owners to know about these safety requirements, make the appropriate upgrades and take precautionary measures to ensure a safe and enjoyable swimming season for family, friends, visitors and members alike. We strongly encourage all pool owners to add a safety vacuum release system, split main drains and anti-vortex drain covers. Any or all of these provide additional layers of protection.

Whether you are a residential or public pool owner, safety should always come first. To help you understand the Safety Act and its requirements, we recommend that you review the summary of the Virginia Graeme Baker Pool and Spa Safety Act as presented on the Association of Pool and Spa Professionals (APSP) website. Received 11/02/2023 ROC Legal Additionally, if we find after draining your pool/spa, that you have non compliant drain covers, we will replace them with compliant, anti-vortex drain covers at an additional cost.

By signing where indicated below, you acknowledge that you have read and understood the risks and other information disclosed above, that the above listed problems may occur and that complete removal of all stains is not guaranteed nor represented.

Date: Signature:

Print Name:

Further, we, the undersigned, acknowledge receipt of notification concerning ‘Non-Compliant Drain Covers’ and decline replacement with ‘Anti-Vortex Compliant Drain Covers’ currently. We accept full responsibility and will not hold Postorino Pool Service and Repair/Postorino Custom Pools and Spas liable in whole or part, for not completing the drain cover replacement time.

Homeowner Signature Date

Print Name

Postorino Pools Service and Repair Postorino Custom Pools & Spas 480-473-8762 Fax: 480-473-8764 Received 11/02/2023 ROC Legal

POOL DRAINING/ACID WASH INFORMATION

When your pool is being drained for an acid wash, tile cleaning or any other reason, please remember the following guidelines:

1) Be very careful; an empty pool is more dangerous than a full one. Always watch your children! 2) Our pump is equipped with an automatic shut off device. However, there will be a small amount of water left in the bowl of the pool. 3) DO NOT turn on any pool equipment while the pool is empty. 4) DO NOT turn on your pool light or spa light. 5) After we complete the work on your pool, we will start refilling immediately. DO NOT stop the filling process until the water level is at least halfway up the tile line (mid line of the skimmer). This usually takes between 24 and 36 hours. If during the filling process, you need to slow the water flow so it will not overfill during the night, you may do so. Be sure to increase the water pressure in the hose in the morning.

I have read and understand the instructions above:

Home Owner Signature/Authorization Date

________________________________ Print Name Phone #

Postorino Pools Service and Repair 480-473-8762 Fax: 480-473-8764 Received 11/3/23, 7:59 AM Manos - [email redacted] 11/02/2023 ROC Legal

Subject: Manos doug postorinopools.com <[email redacted]> Wed, Oct 25, 2:54 PM (9 days to custom postorinopools.com

You are viewing an attached message. State of Arizona Mail can't verify the authenticity of attached messages.

https://mail.google.com/mail/u/0/d/AEoRXRRlLcGbm3CWROAb1-piWGUn7935FsacVaaXsn1J0UsV78Jy/popout?ver=1c1fj0t6u2uj&msg=%23msg-f%… 1/1 Received 11/3/23, 7:59 AM Manos - [email redacted] 11/02/2023 ROC Legal

https://mail.google.com/mail/u/0/d/AEoRXRRlLcGbm3CWROAb1-piWGUn7935FsacVaaXsn1J0UsV78Jy/popout?ver=1c1fj0t6u2uj&msg=%23msg-f%… 1/1 Received 11/3/23, 8:00 AM Manos - [email redacted] 11/02/2023 ROC Legal

Sent from my iPhone

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case No. 2023-06283 message

custom postorinopools.com <[email redacted]> Thu, Nov 2, 2023 at 2:22 PM To: "[email redacted]" <[email redacted]> Cc: "doug postorinopools.com" <[email redacted]>

Hello,

Attached is my response to ROC, and some information that will help understand the situation.

Please let me know if anything else is needed.

Thank you,

Doug Sydenham

Postorino Custom Pools & Spas

7360 E Acoma Dr, Ste 7

Scottsdale, AZ 85260

C: 480-797-0366

[email redacted]

---------- Forwarded message ---------- From: "doug postorinopools.com" <[email redacted]> To: "custom postorinopools.com" <[email redacted]> Cc: Bcc: Date: Wed, 25 Oct 2023 21:54:42 +0000 Subject: Manos

https://mail.google.com/mail/b/AEoRXRRlLcGbm3CWROAb1-piWGUn7935FsacVaaXsn1J0UsV78Jy/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/6 Received 11/3/23, 8:00 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-06283 11/02/2023 ROC Legal

https://mail.google.com/mail/b/AEoRXRRlLcGbm3CWROAb1-piWGUn7935FsacVaaXsn1J0UsV78Jy/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 2/6 Received 11/3/23, 8:00 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-06283 11/02/2023 ROC Legal

https://mail.google.com/mail/b/AEoRXRRlLcGbm3CWROAb1-piWGUn7935FsacVaaXsn1J0UsV78Jy/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 3/6 Received 11/3/23, 8:00 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-06283 11/02/2023 ROC Legal

https://mail.google.com/mail/b/AEoRXRRlLcGbm3CWROAb1-piWGUn7935FsacVaaXsn1J0UsV78Jy/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 4/6 Received 11/3/23, 8:00 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-06283 11/02/2023 ROC Legal

https://mail.google.com/mail/b/AEoRXRRlLcGbm3CWROAb1-piWGUn7935FsacVaaXsn1J0UsV78Jy/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 5/6 Received 11/3/23, 8:00 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-06283 11/02/2023 ROC Legal

Sent from my iPhone

attachments Manos - Weather.pdf 1331K ROC Manos.pdf 48K POOL DRAINING - WASH INFORMATION.doc 25K DRAIN DISCLOSURE.doc 29K Manos.eml 2717K

https://mail.google.com/mail/b/AEoRXRRlLcGbm3CWROAb1-piWGUn7935FsacVaaXsn1J0UsV78Jy/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 6/6 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