2023A-07832-NPC-ROC Notice of Hearing and Packet MAILED

2023A-07832-NPC-ROC · Registrar of Contractors · 2023-08-23

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Floyd's Plumbing LLC, Case No. 2023-07832 COMPLAINANT, Docket No. 2023A-07832-NPC-ROC v. NOTICE OF HEARING ON Big Kahuna Construction Corp CONTESTED CASE License No. ROC 226900,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: September 27, 2023 9:00 AM 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 25, 2023.

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

Charge: 1 A.R.S. § 32-1154(A)(10)

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

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

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

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

1156(B).

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

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

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

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

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

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

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

web portal at www.azoah.com

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

RESOLUTION SHORT OF ADJUDICATION

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated August 22, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail August 22, 2023 to: Respondent(s) Big Kahuna Construction Corp PO Box 5335 Sun City West, AZ 85376 Complainant(s) Floyd's Plumbing LLC PO Box 4520 Arizona City, AZ 85123

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. 2023-07832 /

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

July 13, 2023

Via U.S. Mail and Email

Complainant Floyd’s Plumbing LLC PO Box 4520 Arizona City, AZ 85123

Floyd’s Plumbing LLC 9422 W Madero Dr Arizona City, AZ 85123

Via U.S. Mail and Email

Respondent Big Kahuna Construction Corp PO Box 5335 Sun City West, AZ 85376

Re: Complaint No. 2023-07832

Dear Complainant and Respondent:

The Registrar received a complaint filed against Big Kahuna Construction Corp for non- payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by July 20, 2023. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

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

The Registrar will not issue a citation before July 20, 2023 and will review Respondent’s response, if one is submitted.

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Sincerely,

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 Received by Investigations 07/11/2023 2023-07832 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Complaint # 2023-07832 message

Big Kahuna Construction <[email redacted]> Thu, Jul 20, 2023 at 1:21 PM To: "[email redacted]" <[email redacted]>, julie black <[email redacted]>

Good Afternoon Please see the attached files to support our defense regarding this complaint. Should further information or conversation be necessary in order to make a determination please feel free to email us or to call the number listed below.

Thank you, Julie 623-566-8809 Best method to reach us: email at [email redacted] Big Kahuna Construction Corp www.azbigkahuna.com

attachments Response to ROC re: Floyd's Plumbing.pdf 75K Date Stamped Pics Dusty Trails Pictures.pdf 1179K Dusty Trails Evidence.pdf 369K Limousine Evidence.pdf 296K Date Stamped Pics Limousine.pdf 4618K Concho Circle Evidence.pdf 7292K RECEIVED 07/20/2023 ROC LEGAL

623-566-8809-office [email redacted] www.azbigkahuna.com ROC 226900 & 279329

7-15-23

Response: ROC Notice of No-Pay Complaint 2023-07832

Floyd’s Plumbing was hired to do 2 jobs for Big Kahuna Construction.

One job location is 22016 N Dusty Trails Blvd. SCW-referred to Dusty Trails. The second is 21715 N Limousine Dr. SCW referred to Limousine or Limo.

Big Kahuna received estimates prior to work beginning at both of these jobs.

For Dusty Trails only a portion of the work was approved, please see attached. The estimate for Dusty Trails for approved work totaled $3060.00. Big Kahuna paid Floyd’s Plumbing a $2000 deposit leaving a $1060 balance. This job was abandoned by Floyd’s Plumbing around end of July 2022 forcing Big Kahuna to hire another plumber to come in and finish rough in connections and complete trim out of plumbing fixtures. The new plumber charged $3300.00 to complete the work necessary to pass County inspections. Damages sustained by Big Kahuna $2240.00 due to abandonment of work.

For Limousine an estimate in the amount of $3620.00. Big Kahuna paid Floyd’s Plumbing $2000.00 deposit leaving a $1620.00 balance. This job was abandoned by Floyd’s Plumbing at the end of July 2022 forcing Big Kahuna to hire another plumber to come in and finish rough in connections and complete trim out of plumbing fixtures. Big Kahuna asked for clarification on what Floyd’s would be completing at Limousine on 7-28-23, on 7-29-23 Big Kahuna asks Floyd’s Plumbing to get plan for him and quartz crew to meet. Floyd’s states he will be there all day. On 7-30-23 a picture of the jobsite was sent to Floyd regarding roman tub and shows that is is not trimmed out. A site visit was performed on 8-6-23 to discover nothing had been completed by Floyd’s Plumbing and ask if it is okay to turn on water to the house. Please see several pictures of the homeowner provided fixtures were in place but not connected or not installed at all. Please see date stamped pictures of abandoned work labeled Limousine. The new plumber charged $1700.00. Damages sustained by Big Kahuna $80.00 due to abandonment of work. RECEIVED 07/20/2023 ROC LEGAL

The other job that Floyd’s Plumbing is referring to is known as 19037 N Concho Circle-referred to Concho.

Floyd’s Plumbing did meet and walk this job with a Big Kahuna rep (Conner). At this walk through, Floyd’s Plumbing requested more concrete be broken out and had comments regarding guest bathroom layout and how he wanted to make it work. On several occasions we requested Floyd’s Plumbing to start this job, even asking for an invoice so that we could provide him with a deposit. Floyd’s Plumbing failed to show up on scheduled dates and we have no knowledge of any plumbing materials provided by Floyd’s Plumbing being delivered to this jobsite. We considered Floyd’s Plumbing as not being interested in taking this job on and hired another plumber to START and complete this entire project. There were a few sticks of ABS pipe on site but we do not know if this minimal amount of material was Floyd’s Plumbing or not, we do not take inventory of sub contractors materials. With that said, the pipe was not installed whether it be Floyd’s Plumbing materials or not. Waiting for communication for more than 2 months, we hired another sub contractor. This can be documented in cleared checks to the new plumber and based on when communication stopped with Floyd’s Plumbing backed up with Maricopa County Inspection dates.

Further, Big Kahuna also never received a contract, proposal or any written documentation for this project by Floyd’s Plumbing. What Floyd presented to the ROC is false and never did we receive a written contract/proposal on 3-27-22. Big Kahuna did provide to Floyd’s Plumbing a scope of work for this project before he walked the job, but nothing was ever provided back to Big Kahuna in estimate or contract form. Floyd’s Plumbing is now stating that they completed work at this job site and that materials were delivered. If that were true, then County Inspections would need to take place in order for Floyd’s Plumbing to continue working on this job site. These inspections were performed BUT because the new plumber completed the work and necessary inspections. Please see dates of completed inspections which correlates with checks written to new plumber and new plumbers work performed.

We respectfully ask for receipts that show a delivery address for any materials that Floyd’s Plumbing state were delivered to this jobsite.

In Floyd’s Plumbing complaint he states “the work was started on 4-11-22. The labor performed was: all of the underground, ran water mains as part of rough in and supplied materials to begin rough in.” On 9-13-22 he bills out to do the following work on invoice 1286: $2200.00 for “Relocated kitchen drain to new island location, eliminating existing kitchen vent, relocating washer box with recirc pump, adding water softener loop. Replumbing sewer, venting and water lines in two bathrooms. running water lines in attic. running new water main from shower wall to new garage area.” Please see invoice from new plumber which show we had to pay new plumber for this work. None of this work was done or started by Floyd’s.

Big Kahuna Construction can submit directly to ROC the full name and ROC # for the new plumber but respectfully request new plumbers information not be passed to Floyd’s Plumbing. Should your legal department need evidence submitted without black out information, please let us know and we will be happy to submit.

If further information is necessary in order for you to make a determination on this complaint please call us at 602-566-8809 or email at [email redacted].

Thank you for your time in this matter.

Respectfully Submitted, Scott Klarkowski Big Kahuna Construction Corp RECEIVED 07/20/2023 ROC LEGAL

22016 N Dusty Trails

Date Stamped Pic of 22016 N Dusty Trails. This is a text between Big Kahuna and cabinet maker regarding cabinetry but these pics reflect rough in plumbing not completed. Remainder of text on next page. Please note that rough plumbing is not completed. RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL

22016 N Dusty Trails

Date stamped picture showing rough in plumbing is not complete. RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL

21715 N Limousine

Date Stamped Picture on right shows one of the master sinks not connected and if you look closely pipe not connected under sink RECEIVED 07/20/2023 ROC LEGAL

21715 N Limousine

Date Stamped Picture on right is under kitchen sink. Rough in not completed. No shut oﬀs completed. No trim out. RECEIVED 07/20/2023 ROC LEGAL

21715 N Limousine

Date Stamped Picture on right shows under guest bath sink. No p-traps. Old shut oﬀ. Customer supplied faucet not installed. RECEIVED 07/20/2023 ROC LEGAL

21715 N Limousine

Date Stamped Picture on right shows bathroom. No toilet installed, rough in plumbing not completed. RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL RECEIVED 07/20/2023 ROC LEGAL REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Floyd’s Plumbing LLC, Case No. 2023-07832 COMPLAINANT, v.

Big Kahuna Construction Corp, CITATION License No. ROC 226900,

RESPONDENT.

The Registrar issues this Citation to Big Kahuna Construction Corp (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 9, 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 July 11, 2023, Floyd’s Plumbing LLC (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(10) Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-07832. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 9, 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

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are 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

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated July 25, 2023. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 25, 2023 to: Respondent Certified Mail No: [number redacted] Big Kahuna Construction Corp PO Box 5335 Sun City West, AZ 85376

Copy mailed by USPS First Class Mail this same date to: Respondent Big Kahuna Construction Corp PO Box 5335 Sun City West, AZ 85376

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Complainant Floyd’s Plumbing LLC PO Box 4520 Arizona City, AZ 85123

Floyd’s Plumbing LLC 9422 W Madero Dr Arizona City, AZ 85123 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. 2023-07832 / KR

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation. The Office of Administrative Hearings is located at 1740 W Adams St., Lower Level, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 ARIZONA REGISTRAR OF CONTRACTORS

Douglas A. Ducey, Governor Jeff Fleetham , Director

Form REQUEST TO CLOSE CASE RC-Lg-701A

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

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

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

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

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

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

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

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

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

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623-566-8809-office www.azbigkahuna.com ROC 226900 & 279329

8-7-23

Written Answer to Citation and Complaint: CASE #2023-07832

Big Kahuna Construction respectfully requests an Informal Settlement Conference be made for this citation.

It is shocking that this matter has turned into a citation against Big Kahuna Construction (hereinafter BKC) when damages were sustained by BKC far exceed the amount owed to Floyd’s Plumbing when Floyd’s Plumbing abandoned the work. Floyd’s Plumbing received deposits on jobs when he started the job and the balance would be paid upon completion of the job. Floyd’s Plumbing did not finish at either job contracted with BKC and therefore any balances claimed to be owed to Floyd’s should be dismissed by the ROC. There are items on Floyd’s Plumbing invoices submitted to the ROC that was not completed or provided.

Our clients were without a home during construction and must have running water and facilities in order to move into their homes. Our deadlines for completion of projects need to be met as homeowners need to rent somewhere to live while construction is under way and until a passed final inspection. There was ample time given to Floyd’s Plumbing before BKC was forced to hire another plumber to finish the rough in and trim out of these jobs.

When Floyd’s Plumbing abandoned the jobs, we now understand that we should have filed a complaint against his license for abandonment of work. Instead, we took our deadlines with our clients as top priority and hired another plumber when communication with Floyd’s became non existent in July 2022 knowing we had to get clients back into their homes.

There is no way to decipher the receipts produced by Floyd’s Plumbing and whether every item on those receipts was actually used on a BKC jobsite. There is also evidence provided where tools were purchased and never did BKC agree to pay for Floyd’s Plumbing tools. There is items on receipts for trim out materials which were not provided or installed by Floyd’s Plumbing and all plumbing fixtures were provided by BKC and/or the homeowner. There is no proof that materials listed on receipts was delivered to the jobsite. Received 08/09/2023 ROC Legal

A written answer to the complaint was submitted in a timely manner and more details and facts pertaining to this case can be documented in that written answer to the original complaint. Cleared checks can be produced and provided to show another plumber was hired to complete these projects. Also documented in the answer to the original complaint is date stamped pictures of unfinished and uncompleted work.

Other notes pertaining to the case not outlined previous written answer. 1. Not all work listed on Floyd’s Inv #1288 was completed by Floyd’s at the job site named 21715 N Limousine. No trim out was performed at this jobsite. 2. Not all work was completed on Floyd’s Invoice # 1287 at the job site name 22016 N Dusty Trails. There were several corrections and repairs needed to Floyd’s work started. No trim out was performed at this jobsite. 3. There is no contract or estimate for Concho Circle. A vendor agreement is put in place with all sub contractors prior to releasing payments or when a new vendor/sub contractor is hired. Floyd’s Plumbing agreed to this agreement on 2-17-22, this agreement states the work being performed requires a contract. 4. Floyd’s Plumbing never completed any work at Concho Circle. 5. Receipts were provided to the ROC in the complaint for Concho Circle and are dated before Floyd’s Plumbing had any knowledge of this jobsite. 6. After weeks of waiting for Floyd’s Plumbing to come back and finish the jobs (Limousine and Dusty Trails), BKC had no choice but consider these jobs abandoned and hire another contractor. 7. New plumber had to correct, repair and complete the work started by Floyd’s Plumbing. 8. Damages were sustained by BKC due to abandonment of work by Floyd’s Plumbing. 9. Floyd’s Plumbing randomly billed BKC in October 2022 after being MIA for months, not returning phone calls or text messages. 10. It is BKC’s position that we should not be penalized for abandonment of work and work not performed by Floyd’s Plumbing. Received 08/09/2023 ROC Legal

623-566-8809-office [email redacted] www.azbigkahuna.com ROC 226900 & 279329

7-15-23

Response: ROC Notice of No-Pay Complaint 2023-07832

Floyd’s Plumbing was hired to do 2 jobs for Big Kahuna Construction.

One job location is 22016 N Dusty Trails Blvd. SCW-referred to Dusty Trails. The second is 21715 N Limousine Dr. SCW referred to Limousine or Limo.

Big Kahuna received estimates prior to work beginning at both of these jobs.

The other job that Floyd’s Plumbing is referring to is known as 19037 N Concho Circle-referred to Concho.

We respectfully ask for receipts that show a delivery address for any materials that Floyd’s Plumbing state were delivered to this jobsite.

If further information is necessary in order for you to make a determination on this complaint please call us at 602-566-8809 or email at [email redacted].

Thank you for your time in this matter.

Respectfully Submitted, Scott Klarkowski Big Kahuna Construction Corp Received 08/09/2023 ROC Legal

623-566-8809-office [email redacted] www.azbigkahuna.com ROC 226900 & 279329

8-7-23

Response: ROC Citation 2023-07832

Floyd’s Plumbing was hired to do 2 jobs for Big Kahuna Construction.

One job location is 22016 N Dusty Trails Blvd. SCW-referred to Dusty Trails. The second is 21715 N Limousine Dr. SCW referred to Limousine or Limo.

Big Kahuna received estimates prior to work beginning at both of these jobs.

For Limousine an estimate in the amount of $3620.00. Big Kahuna paid Floyd’s Plumbing $2000.00 deposit leaving a $1620.00 balance had the contract been completed in full. This job was abandoned by Floyd’s Plumbing, forcing Big Kahuna to hire another plumber to come in and finish rough in connections and complete trim out of plumbing fixtures. Big Kahuna asked for clarification on what Floyd’s would be completing at Limousine on 7-28-23, on 7-29-23 Big Kahuna asks Floyd’s Plumbing to get plan for him and quartz crew to meet. Floyd’s states he will be there all day. On 7-30-23 a picture of the jobsite was sent to Floyd regarding roman tub and shows that it is not trimmed out. A site visit was performed on 8-6-23 to discover nothing had been completed by Floyd’s Plumbing and ask if it is okay to turn on water to the house. Please see several pictures of the homeowner provided fixtures were in place but not connected or not installed at all. Please see date stamped pictures of abandoned work labeled Limousine. The new plumber charged $1700.00. Damages sustained by Big Kahuna $80.00 due to abandonment of work. It is important to note that receipts provided for materials is for trim out were provided to the ROC but not left on the jobsite or installed. This is also backed Received 08/09/2023 ROC Legal

up by the date stamped pictures provided. It is our position that he billed us for parts not used or installed, therefore we should not be pentalized.

With the above said, we would be willing to cut a check to Floyd’s Plumbing for $813.77 to settle this matter. The breakdown as follows: $1800 for rough in labor $1013.77 in receipts dated prior to 7-28-23 $2813.77 -$2000 deposit $813.77 for parts that presumably were used all at Limousine

The other job that Floyd’s Plumbing is referring to is known as 19037 N Concho Circle-referred to Concho.

We respectfully ask that you look at the dates of the receipts provided by Floyd’s Plumbing for this job. He submitted receipts dated 2-15-22, 2-18-22 and 3-11-22. The job site had not even been brought to Floyd’s attention until 3-24-23 through email.

kitchen vent, relocating washer box with recirc pump, adding water softener loop. Replumbing sewer, venting and water lines in two bathrooms. running water lines in attic. running new water main from shower wall to new garage area.” Big Kahuna Construction immediately disputes this invoice with Floyd’ Plumbing. Please see invoice from new plumber which show we had to pay new plumber for all this work. None of this work was done or started by Floyd’s.

Big Kahuna Construction is in the process of taking Floyd’s Plumbing to small claims court for monetary damages sustained by Big Kahuna for Dusty Trails and Limousine. Should you need information on the small claims court, please let our office know. If further information is necessary in order for you to make a determination on this complaint please call us at 602-566-8809 or email at [email redacted].

Thank you for your time in this matter.

Respectfully Submitted, Scott Klarkowski Big Kahuna Construction Corp Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal

22016 N Dusty Trails

Date Stamped Pic of 22016 N Dusty Trails. This is a text between Big Kahuna and cabinet maker regarding cabinetry but these pics reflect rough in plumbing not completed. Remainder of text on next page. Please note that rough plumbing is not completed. Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal

22016 N Dusty Trails

Date stamped picture showing rough in plumbing is not complete. Received 08/09/2023 ROC Legal

21715 N Limousine

Date Stamped Picture on right shows one of the master sinks not connected and if you look closely pipe not connected under sink Received 08/09/2023 ROC Legal

21715 N Limousine

Date Stamped Picture on right is under kitchen sink. Rough in not completed. No shut oﬀs completed. No trim out. Received 08/09/2023 ROC Legal

21715 N Limousine

Date Stamped Picture on right shows under guest bath sink. No p-traps. Old shut oﬀ. Customer supplied faucet not installed. Received 08/09/2023 ROC Legal

21715 N Limousine

Date Stamped Picture on right shows bathroom. No toilet installed, rough in plumbing not completed. Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 08/09/2023 ROC Legal Received 8/10/23, 8:06 AM State of Arizona Mail - Written Answer Citation # 2023-07832 08/09/2023 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer Citation # 2023-07832 messages

Big Kahuna Construction <[email redacted]> Wed, Aug 9, 2023 at 8:47 AM To: "[email redacted]" <[email redacted]>, julie black <[email redacted]>

Please see all 8 attached documents for the written answer to this citation. The last attachment is the written answer. We are also providing our answer and evidence for the original complaint should this need to be emailed to the [email redacted], previously it was only sent to legal.

Please respond to this email to ensure delivery of this email and 8 attachments.

Thank you, Julie 623-566-8809 Best method to reach us: email at [email redacted] Big Kahuna Construction Corp www.azbigkahuna.com

----- Forwarded Message ----- From: Big Kahuna Construction <[email redacted]> To: julie black <[email redacted]> Sent: Monday, August 7, 2023 at 02:15:22 PM MST Subject: Fw: Complaint # 2023-07832

Thank you, Julie 623-566-8809 Best method to reach us: email at [email redacted] Big Kahuna Construction Corp www.azbigkahuna.com

----- Forwarded Message ----- From: Big Kahuna Construction <[email redacted]> To: Katelyn Rolling <[email redacted]>; Legal New Mail - AZROC <[email redacted]> Sent: Friday, July 21, 2023 at 11:01:37 AM MST Subject: Fw: Complaint # 2023-07832

Could I please get confirmation that this email and attachments were received yesterday?

https://mail.google.com/mail/b/AEoRXRT4fphOacrj17zCNH6LAHMuneMN5DExGqPl_ejhDL_yrb-g/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/3 Received 8/10/23, 8:06 AM State of Arizona Mail - Written Answer Citation # 2023-07832 08/09/2023 ROC Legal Thank you, Julie 623-566-8809 Best method to reach us: email at [email redacted] Big Kahuna Construction Corp www.azbigkahuna.com

----- Forwarded Message ----- From: Big Kahuna Construction <[email redacted]> To: [email redacted] <[email redacted]>; julie black <[email redacted]> Sent: Thursday, July 20, 2023 at 01:22:02 PM MST Subject: Complaint # 2023-07832

Thank you, Julie 623-566-8809 Best method to reach us: email at [email redacted] Big Kahuna Construction Corp www.azbigkahuna.com

Julie Klarkowski <[email redacted]> Wed, Aug 9, 2023 at 3:38 PM To: [email redacted] https://mail.google.com/mail/b/AEoRXRT4fphOacrj17zCNH6LAHMuneMN5DExGqPl_ejhDL_yrb-g/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 2/3 Received 8/10/23, 8:06 AM State of Arizona Mail - Written Answer Citation # 2023-07832 08/09/2023 ROC Legal Could I please get confirmation that the email was received today along with all eight attachments? Thank you!

Julie www.azbigkahuna.com 623-566-8809

Begin forwarded message:

From: Big Kahuna Construction <[email redacted]> Date: August 9, 2023 at 8:47:50 AM MST To: [email redacted], julie black <[email redacted]> Subject: Written Answer Citation # 2023-07832

[Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRT4fphOacrj17zCNH6LAHMuneMN5DExGqPl_ejhDL_yrb-g/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 3/3 Mediation Notice

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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