2023A-08894-NPC-ROC Notice of Hearing and Packet MAILED

2023A-08894-NPC-ROC · Registrar of Contractors · 2023-10-26

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Southwest Barricades LLC, Case No. 2023-08894 COMPLAINANT, Docket No. 2023A-08894-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Access One Consulting LLC License No. ROC 332676,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 15, 2023 9:00 AM Adam Stone 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 September 8, 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 October 27, 2023.

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

Copy mailed via USPS First Class mail October 27, 2023 to: Respondent(s) Access One Consulting LLC 1610 N Rosemont Ste 109 Mesa, AZ 85205 Complainant(s) Southwest Barricades LLC 2115 W Melinda Ln Phoenix, AZ 85027-260

Mark A. Kirkorsky, Esq. 1119 W Southern Ave 2nd Fl 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. 2023-08894 /

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

August 16, 2023

Via U.S. Mail and Email

Complainant Southwest Barricades LLC 2115 W Melinda Ln Phoenix, AZ 85027-260

Complainant’s Attorney Mark A. Kirkorsky, Esq. 1119 W. Southern Ave., Ste. 200 Mesa, AZ 85210

Respondent Access One Consulting LLC 1610 N Rosemont Suite 109 Mesa, AZ 85205

Re: Complaint No. 2023-08894

Dear Complainant and Respondent:

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

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by August 23, 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, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before August 23, 2023 and will review Respondent’s response, if one is submitted.

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 /s/ Tedi Quezada _________________ Tedi Quezada Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received 08/10/2023 ROC Legal Received 8/10/23, 9:56 AM State of Arizona Mail - ROC Complaint 2023-08894 08/10/2023 ROC Legal

Donna Lewandowski <[email redacted]>

ROC Complaint 2023-08894 Danielle Gillen <[email redacted]> Thu, Aug 10, 2023 at 9:36 AM To: Donna Lewandowski <[email redacted]>

Good morning,

Please see the attached.

Thank you,

Danielle

Danielle Gillen Executive Account Coordinator [email redacted]

The Law Offices of Mark A. Kirkorsky • Smith Center • KS • 66967 Phone: 480-750-7261 | Fax: www.MAKPC.com

CONFIDENTIALITY NOTICE: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail from your computer destroying the transmission, including attachments, without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege. Please be advised this may be an attempt to collect a debt by a debt collector. Any information obtained may be used for that purpose.

From: Donna Lewandowski <[email redacted]> Sent: Friday, August 4, 2023 12:09 PM To: Kristi Flatt <[email redacted]>; Danielle Gillen <[email redacted]>; [email redacted] Subject: ROC Complaint 2023-08894

https://mail.google.com/mail/u/0/?ik=278fe7c9ff&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/2 Received 8/10/23, 9:56 AM 08/10/2023 State of Arizona Mail - ROC Complaint 2023-08894

Good morning. The Legal Department has received your complaint; however it was filed on the wrongROC form.Legal Please fill out the attached, sign and date in both the Certification and Declaration & Signature boxes, and return to me by email no later than August 11, 2023. Failure to provide the correct complaint form will result in your complaint being dismissed.

Please do not hesitate to contact me if you have any questions.

Donna Lewandowski

Paralegal Manager, Legal Department

Arizona Registrar of Contractors

1700 W. Washington St., Suite 105

Phoenix, AZ 85007

[email redacted]

602.771.6713 (Direct Line)

602.568.4477 (Cell Phone)

www.roc.az.gov

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Make sure to follow us on:

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No Pay Complaint Form.pdf 94K

https://mail.google.com/mail/u/0/?ik=278fe7c9ff&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 2/2 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 Received by Investigations 08/03/2023 2023-08894 RECEIVED LEGAL 8/22/2023 Response by: Access One Consulting 8/22/23 Case 2023-08894 - No�ce of No-Pay Complaint

Non valid complaint, this is a civil mater, not a refusal to pay. Southwest Barrier has not complied with phone conversa�ons or emails to revise billing, as it has been requested on many occasions.

Last email sent 7/22/22 see page 2. Due to numerous errors, unapproved charges and SWB refusal to acknowledge and/or correct errors, SWB account was placed on hold.

Unfortunately, I just received AZ ROC complaint today 8/22/23, as I have been dealing with medical issues for my husband, therefore a more thorough job could have been done to put this together. My apologies if it appears unorganized.

SWB has been diﬃcult to say the least, and as a small business, when someone is unwilling to acknowledge something that is blatantly incorrect, we just don’t have the resources to spend months working through it. However, this is a civil mater, and should be dealt with- in arbitra�on. I have an appointment with our atorney on Friday to discuss further ac�ons.

Invoiced Actual Invoice # JOB Name Amount Amount Invoice # 103805 see page 1 paid with CC on W597 N 94th St $1,899.39 file, per invoice notes

Invoice # 104475 see page 1 paid with CC on W597 N 94th St $10,699.68 ($664.36) file, per invoice notes. Overcharged $664.36

110634 P341 Pima & Westland $1,065.08 $1,065.08

Invoice # 110635 See note marked Page 4, P341 Pima & Westland $13,121.02 $7,779.50 SWB fraudulently charged for days no one was on site, and because of their handling of the Traffic Control Permit, which they let expire, on 1/14/22- but charged us for days thereafter, even though we could not work on site, which is acknowledged by Israel Ruiz of SWB- see page 4- until new plan was approve. This resulted in having crews show up and no work could be completed as SWB let the permit expire. Invoice # 106938 – See note marked Page 5 P341 Pima & Westland $347.73 $00.00 No Work performed by SWB on 2/28- and our Crew could not work due to SWB not having a Safety officer on site as planned. But still added a fraudulent charge. 107610 P341 Pima & Westland $3,383.59 $3,383.47

$30,516.49 $11,563.69 RECEIVED LEGAL 8/22/2023 6:49 AM SOUTHWEST BARRICADES 08/04/22 A/R Aging QuickZoom As of August 4, 2022

Type Date Num P. O. # Due Date Aging Open Balance Access One Consulting 090818-12989 N 94th St Invoice 11/30/2021 00103805 Paid with credit car 12/30/2021 247 1,899.39 Invoice 12/30/2021 00104475 Paid with credit car 01/29/2022 217 10,699.68 $664.36 credit Total 090818-12989 N 94th St 12,599.07 needed

091701-Pima Rd & Westland Rd Invoice 12/31/2021 00110634 P341 01/30/2022 216 1,065.08 Invoice 01/31/2022 00110635 P341 03/02/2022 185 13,121.02 $7,779.50

Total 091701-Pima Rd & Westland Rd 14,186.10 I $8,844.58

093729-PIMA & WESTLAND $0.00 Invoice 02/28/2022 00106938 P341 03/30/2022 157 347.73 Invoice 03/31/2022 00111375 P341 04/30/2022 126 3,383.59 $3,383.47 00107610 Total 093729-PIMA & WESTLAND 3,731.32 $3,383.47

Total Access One Consulting 30,516.49

TOTAL 30,516.49 $11,563.69 Actual Amount Due

Page 1 RECEIVED LEGAL 8/22/2023

From: Felicia Arnold To: Billing Department Cc: Michele copley Subject: RE: P341 Southwest Barricades Date: Thursday, July 7, 2022 9:31:00 AM Attachments:

Re PRC14-Plan Review - Approved.msg Invoice_00110635.pdf Invoice_00107610.pdf

Invoice #00110635 has still not been corrected.

TCP was expired. Crew was not on site during dates of 1/18 – 1/21

Invoice #00107610 has still not been corrected. Officer rates are not the quoted rates.

Thanks, Felicia Arnold Project Manager

Phone: 859-274-7377 Fax : 208-493-3018 Email : [email redacted] 1610 N. Rosemont, Ste 109, Mesa AZ 85205 www.AccessOneConsulting.net

Confidentiality Notice: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by email and delete all copies of the original message. Please consider the environment before printing this email.

From: Billing Department <[email redacted]> Sent: Tuesday, July 5, 2022 8:49 AM To: Felicia Arnold <[email redacted]> Subject: RE: P341 Southwest Barricades

Here are all of the currently active invoices on you’re account according to our system.

Thank you Aaron Smith Billing Specialist Office Phone# 480-795-3526

From: Felicia Arnold <[email redacted]> Sent: Tuesday, June 21, 2022 2:49 PM To: Billing Department <[email redacted]> Cc: Michele copley <[email redacted]> RECEIVED LEGAL 8/22/2023

Subject: RE: P341 Southwest Barricades

Are these the only remaining invoices? Can you send all invoices pending payment?

Felicia Arnold Project Manager

Phone: 859-274-7377 Fax : 208-493-3018 Email : [email redacted] 1610 N. Rosemont, Ste 109, Mesa AZ 85205

www.AccessOneConsulting.net

From: Billing Department <[email redacted]> Sent: Friday, June 17, 2022 1:54 PM To: Felicia Arnold <[email redacted]> Subject: RE: P341 Southwest Barricades

Here are the revised invoices.

Thank you Aaron Smith Billing Specialist Office Phone# 480-795-3526

From: Felicia Arnold <[email redacted]> Sent: Friday, June 17, 2022 10:30 AM To: Michele copley <[email redacted]>; Accounts Receivables <[email redacted]> Cc: Billing Department <[email redacted]> Subject: RE: P341 Southwest Barricades

Hi Aaron,

I was also reviewing these invoices again as the officer quote seemed more than what I originally paid on the first site we completed. I went back to review and see that the quote provided to me for officer (see attached) was quoted at $74.75/hr. On invoice – the office price is anywhere from $79.20 - $124.20. Can you advise on the price discrepancy and advice on why this was not relayed to my team as well?

Thanks,

Felicia Arnold Project Manager RECEIVED LEGAL 8/22/2023

Phone: 859-274-7377 Fax : 208-493-3018 Email : [email redacted] 1610 N. Rosemont, Ste 109, Mesa AZ 85205

www.AccessOneConsulting.net

From: Felicia Arnold Sent: Thursday, June 16, 2022 10:58 AM To: Michele copley <[email redacted]>; Accounts Receivables <[email redacted]> Cc: Billing Department <[email redacted]> Subject: RE: P341 Southwest Barricades

Hi Aaron,

Per the attached email, I told dispatch to be on site Mon-Wed of the following week.

Thanks,

Felicia Arnold Project Manager

Phone: 859-274-7377 Fax : 208-493-3018 Email : [email redacted] 1610 N. Rosemont, Ste 109, Mesa AZ 85205 www.AccessOneConsulting.net

From: Michele copley <[email redacted]> Sent: Wednesday, June 15, 2022 5:36 PM To: Felicia Arnold <[email redacted]> Subject: FW: P341 Southwest Barricades

From: Billing Department <[email redacted]> Sent: Wednesday, June 15, 2022 8:39 AM To: Michele copley <[email redacted]> Cc: Accounts Receivables <[email redacted]> Subject: FW: P341 Southwest Barricades

Do you have any update on the below.

Thank you Aaron Smith Billing Specialist Office Phone# 480-795-3526

From: Billing Department Sent: Tuesday, June 14, 2022 4:07 PM To: Michele copley <[email redacted]> Cc: Accounts Receivables <[email redacted]> Subject: FW: P341 Southwest Barricades RECEIVED LEGAL 8/22/2023

Any update on this.

Thank you Aaron Smith Billing Specialist Office Phone# 480-795-3526

From: Billing Department Sent: Monday, June 13, 2022 1:47 PM To: Michele copley <[email redacted]> Cc: Accounts Receivables <[email redacted]> Subject: RE: P341 Southwest Barricades

Attached is the email where Felicia requested the closure/officer and told dispatch they would be out there that week. Do you have an email where you canceled this order?

Thank you Aaron Smith Billing Specialist Office Phone# 480-795-3526

From: Desirae Pandolfo <[email redacted]> Sent: Monday, June 13, 2022 7:42 AM To: Billing Department <[email redacted]> Subject: FW: P341 Southwest Barricades

Aaron,

Read below and revise the invoices.

Thank you,

Desirae Pandolfo Billing Manager SW Barricades 480-795-3518

From: Kris Smith <[email redacted]> Sent: Monday, June 6, 2022 7:36 AM To: Desirae Pandolfo <[email redacted]> Subject: FW: P341 Southwest Barricades

From: Accounts Receivables <[email redacted]> RECEIVED LEGAL 8/22/2023

Sent: Wednesday, June 1, 2022 1:08 PM To: Kris Smith <[email redacted]> Subject: FW: P341 Southwest Barricades

From: Michele copley <[email redacted]> Sent: Wednesday, June 1, 2022 12:47 PM To: Accounts Receivables <[email redacted]>; Felicia Arnold <[email redacted]> Subject: P341 Southwest Barricades

Rania,

See below, per our PM & team, it looks like the invoices are incorrect, we have added notes as to why, please review and adjust invoices accordingly.

Site P341 – Invoice needs to corrected $9669.32

1. Invoice 00104476. -113.75 – Owe $804.32 -Should not be charged for highlighted trip on 12/29. Area was called out on TCP and SW team did not properly set up first time. See attached email labeled RE: PRC14- PLAN REVIEW – APPROVED

2. Invoice 00105517. Owed $8865 TCP was expired. was working with Sonny to get extended/renewed. Crew was not on site during the dates of 1/18-1/21. See attached (2) email RE: PRC14-PLAN REVIEW – APPROVED. Also crew was not on site for full month – rental cost is stated for 1/1-1/31.

3. Invoice 00106164. -$285 We did not request SW barricades on site, we were not on site. We did not have an approved TCP.

Michele Copley Accounts Services Email:[email redacted] 1610 N. Rosemont, Ste 109, Mesa AZ 85205

Phone: 859-585-3867 | www.accessoneconsulting.net

RECEIVED LEGAL 8/22/2023 RECEIVED LEGAL 8/22/2023 RECEIVED LEGAL 8/22/2023 City of Scottsdale Approval www.invarion.com EQUIPMENT LEGEND Plan Check# 1401-22 Field Engineering

Sign Symbol By sschreiner at 5:26 am, Feb 23, 2022 "A" Lights _________________________ Vertical Panel "B" Lights "C" Lights Type 1 Arrow Panel Traffic Engineering

Type 3 High Level _________________________

By BGibbons at 10:20 am, Feb 24, 2022

Match Line A SPEED SPEED SPEED SPEED ROAD LIMIT LIMIT LIMIT REDUCED WORK 35 45 AHEAD AHEAD

500' 500' 500' 500' 500'

SIDEWALK CLOSED

CROSSWALK CLOSED KEEP KEEP

LEFT LEFT

Match Line A CROSSALK CLOSED

CROSS HERE

Approved Start Date is 2/28/2022 per assigned inspector. BG/TE

OFFDUTY OFFICER IS REQUIRED IF WORKZONE IS WITHIN 300' OF SIGNALIZED INTERSECTION T.C.P. NAME: COS Permit # COMPASS POSTED 214031 12/03/2021 269963 SPEED

LOCATION: Notes: Pima Rd and Westland SPEED DRAWN BY Roberto Aguilar START DATE: END DATE: LIMIT Phone:6027882222 Email:[email redacted] 2/21/2022 3/04/2022 50 WORK HOURS:

Job# 8:30am3:30pm MonFri 24 HR 8:30 AM 4:00 PM 10:00pm5:00am SunThur X Other:_________________________ P.O # P341 CONTRACTOR: Contact person: Access One Consulting Jeremiah Worley Contact Phone: Contact Email: 575 6375801 [email redacted] RECEIVED LEGAL 8/22/2023 City of Scottsdale Approval www.invarion.com EQUIPMENT LEGEND Field Engineering

Sign Symbol "A" Lights _________________________ 12/13/2021 Vertical Panel "B" Lights "C" Lights Type 1 Arrow Panel Traffic Engineering

Type 3 High Level _________________________

By BGibbons at 6:48 am, Dec 13, 2021

Match Line A SPEED SPEED SPEED SPEED ROAD LIMIT LIMIT LIMIT REDUCED WORK 35 45 AHEAD AHEAD

500' 500' 500' 500' 500'

SIDEWALK CLOSED

CROSSWALK CLOSED KEEP KEEP

LEFT LEFT

Match Line A CROSSALK CLOSED

CROSS HERE

OFFDUTY OFFICER IS REQUIRED IF WORKZONE IS WITHIN 300' OF SIGNALIZED INTERSECTION T.C.P. NAME: COS Permit # COMPASS POSTED 214031 12/03/2021 269963 SPEED

LOCATION: Notes: Pima Rd and Westland SPEED

12/23/2021 1/14/2022 DRAWN BY Roberto Aguilar START DATE: END DATE: LIMIT Phone:6027882222 Email:[email redacted] 12/13/2021 12/23/2021 50 WORK HOURS:

Job# 8:30am3:30pm MonFri 24 HR 8:30 AM 4:00 PM 10:00pm5:00am SunThur X Other:_________________________ P.O # P341 CONTRACTOR: Contact person: Access One Consulting Jeremiah Worley Contact Phone: Contact Email: 575 6375801 [email redacted] RECEIVED LEGAL 8/22/2023 Southwest Barricades 2115 W. Melinda Lane E-INVOICE Phoenix, AZ 85027 Invoice Date Invoice No. 602-788-2222 1/31/2022 00110635 Fax 602-867-1155 ROC # 241648 Terms: Net 30 Days

Access One Consulting Michele Copley Job ID: 091701 1610 N Rosemont, STE 109 Pima Rd & Westland Rd Mesa, AZ 85205 Pima and Stage Coach Pass Scottsdale, AZ

Customer Customer Job No. Customer P.O. No. Period Covered Foreman Name / Phone# ACCESSONE P341 1/1/2022 - 1/31/2022 Jermiah 575-637-5801

Date Description From - To Qty Days Units Price Total --------------------- RENTALS ---------------------- 01/4 - 01/13 10 $35.00 01/01/22 Vertical Panel * Date on site was 1/4/22, 01/01 01/21 10 21 210 170 $0.35 $73.50 as Jan1-3 was a holiday $19.20 01/01/22 Type I Barricade * weekend no work 01/01 01/21 4 21 68 $0.48 $40.32 $11.70 01/01/22 Small Sign * 01/01 01/21 2 21 42 $0.55 $23.10 $34.000 01/01/22 Medium Sign * 01/01 01/21 5 21 105 $0.68 $71.40 $36.40 01/01/22 Sign Stand * 01/01 01/21 7 21 147 119 $0.52 $76.44 $17.00 01/01/22 Hi-Level Flagtree * 01/01 01/21 1 21 10 $1.00 $21.00 $143.30 ------------------------ LABOR ----------------------- 01/05/22 Off Duty Officer * 9.5 9.5 $74.75 $710.13 01/06/22 Off Duty Officer * 9.5 9.5 $74.75 $710.13 01/07/22 Off Duty Officer * 9 9 $74.75 $672.75 01/10/22 Off Duty Officer * 9.5 9.5 $74.75 $710.13 01/11/22 Off Duty Officer * 9.5 9.5 $74.75 $710.13 01/12/22 Off Duty Officer * 9.5 9.5 $74.75 $710.13 01/13/22 Off Duty Officer * 13 13 $74.75 $971.75 Traffic Control Permit Expire 1/14/22 01/17/22 Off Duty Officer * 9 9 $124.20 $1,117.80 01/18/22 Off Duty Officer * 4 4 $74.75 $299.00 01/19/22 Off Duty Officer * 9.5 9.5 $74.75 $710.13 01/20/22 Off Duty Officer * 9.5 9.5 $74.75 $710.13 01/21/22 Off Duty Officer * 4 4 $74.75 $299.00

$5,195.15

Page 1 RECEIVED LEGAL Customer : Access One Consulting - Job ID: 091701 - Invoice# 00110635 (cont.) 8/22/2023 Date Description From - To Qty Days Units Price Total ------------------------ LABOR ----------------------- 01/03/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/03/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/04/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/04/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/05/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/05/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/06/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/06/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/07/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/07/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/10/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/10/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/11/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/11/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/12/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/12/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/13/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/13/22 1 Man 1 Truck On Site Time * Traffic Control Permit Expire 1/14/22 1.75 1.75 $65.00 $113.75 01/17/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/17/22 1 Man 1 Truck On Site Time * 1.75 1.75 $65.00 $113.75 01/18/22 1 Man 1 Truck On Site Time * 2.25 2.25 $65.00 $146.25 01/18/22 1 Man 1 Truck On Site Time * 2.25 2.25 $65.00 $146.25 01/19/22 1 Man 1 Truck On Site Time * 2.25 2.25 $65.00 $146.25 01/19/22 1 Man 1 Truck On Site Time * 2.25 2.25 $65.00 $146.25 01/20/22 1 Man 1 Truck On Site Time * 2.25 2.25 $65.00 $146.25 01/20/22 1 Man 1 Truck On Site Time * 2.25 2.25 $65.00 $146.25 01/21/22 1 Man 1 Truck On Site Time * 2.25 2.25 $65.00 $146.25 01/21/22 1 Man 1 Truck On Site Time * 2.25 2.25 $65.00 $146.25 $1820.00 Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $148.50 $305.76 SALES/ONE-TIME CHARGES $0.00 LABOR TOTAL $7,015.15 $11,776.21 Please note; a 2% late payment fee per month will SUBTOTAL $7,163.45 $12,081.97 automatically be applied to all amounts not paid on SALES TAX (8.6%) $616.05 $1,039.05 time. All invoice disputes must be brought to Southwest Barricades attention within 30 days of date TOTAL CHARGES $13,121.02 of invoice for credits to be given. PLEASE PAY THIS AMOUNT $13,121.02 $7,779.50 Maybe subject to collection and or legal fees. *** Job Not Complete ***

Southwest Barricades Page 2 is now SBE Certified RECEIVED LEGAL 8/22/2023

From: Dispatch SWBarricades To: Felicia Arnold Cc: Jeremiah Worley; Michele copley Subject: RE: PRC14-Plan Review - Approved Date: Monday, February 28, 2022 9:22:36 AM Attachments: image001.png

Job scheduled for 3/1-3/4 D1280831.

Anthony Alvarado Traffic Control Dispatcher Southwest Barricades 602-788-2222

From: Felicia Arnold <[email redacted]> Sent: Monday, February 28, 2022 9:15 AM To: Dispatch SWBarricades <[email redacted]> Cc: Jeremiah Worley <[email redacted]>; Michele copley <[email redacted]> Subject: Re: PRC14-Plan Review - Approved

Tony, per our conversation please schedule for tomorrow and provide confirmation when they have confirmed. This is the second time this has happened. I loose money paying crews to show up and then not be able to work to is a waste of my funds and time.

Felicia Arnold (859) 274-7377

On Feb 28, 2022, at 9:06 AM, Dispatch SWBarricades <[email redacted]> wrote:

I apologize for the scheduling mishap, I can try to schedule one for today. However I do not know what time they would get there. I can definitely schedule one for the rest of the week. Let Me know. Thanks.

Anthony Alvarado Traffic Control Dispatcher Southwest Barricades 602-788-2222 <image001.png>

From: Felicia Arnold <[email redacted]> Sent: Monday, February 28, 2022 9:00 AM To: Dispatch SWBarricades <[email redacted]> Cc: Jeremiah Worley <[email redacted]>; Michele copley <[email redacted]> Subject: Re: PRC14-Plan Review - Approved RECEIVED LEGAL 8/22/2023

Dispatch, there is not a Cop on site as required in the TCP- please advise ASAP!

Felicia Arnold (859) 274-7377

On Feb 25, 2022, at 11:05 AM, Dispatch SWBarricades <[email redacted]> wrote:

D1280641

Thank You!

Mario Munoz Traffic Control Dispatcher Southwest Barricades 602-788-2222 [email redacted]

<image001.png> <image002.png>

From: Felicia Arnold <[email redacted]> Sent: Friday, February 25, 2022 10:57 AM To: Dispatch SWBarricades <[email redacted]> Cc: Jeremiah Worley <[email redacted]>; Michele copley <[email redacted]> Subject: Re: PRC14-Plan Review - Approved

week

Felicia Arnold (859) 274-7377

On Feb 25, 2022, at 10:48 AM, Dispatch SWBarricades <[email redacted]> wrote:

Is this a one day job or the whole week?

Thank You!

Mario Munoz Traffic Control Dispatcher Southwest Barricades 602-788-2222 [email redacted] RECEIVED LEGAL 8/22/2023

<image004.png> <image005.png>

From: Felicia Arnold <[email redacted]> Sent: Friday, February 25, 2022 10:41 AM To: Dispatch SWBarricades <[email redacted]> Cc: Jeremiah Worley <[email redacted]>; Michele copley <[email redacted]> Subject: FW: PRC14-Plan Review - Approved

Can we have your team set up on this site this next week starting Monday 2/28?

Thanks,

<image006.jpg> Felicia Arnold Project Manager

Phone: 859-274-7377 Fax : 208-493-3018 Email : [email redacted] 1610 N. Rosemont, Ste 109, Mesa AZ 85205 www.AccessOneConsulting.net

<image007.jpg>

<image008.png>

From: Israel Ruiz <[email redacted]> Sent: Thursday, February 24, 2022 10:39 AM To: Felicia Arnold <[email redacted]> Subject: Fwd: PRC14-Plan Review - Approved

Just got it

Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android

From: TCP SWBarricades <[email redacted]> Sent: Thursday, February 24, 2022 10:32:37 AM To: [email redacted] <[email redacted]> Cc: Israel Ruiz <[email redacted]> Subject: FW: PRC14-Plan Review - Approved

Approved tcp

From: NoReply <[email redacted]> Sent: Thursday, February 24, 2022 10:29 AM To: TCP SWBarricades <[email redacted]> Subject: PRC14-Plan Review - Approved RECEIVED LEGAL 8/22/2023

<~WRD0000.jpg>

** DO NOT REPLY TO THIS EMAIL **

This email was sent to you from the City of Scottsdale One Stop Shop as notification that your plan review has been completed.

Plan Check: 1401-22 Plan Name: ACCESS ONE CONSULTING PIMA RD AND WESTLAND Review Cycle: 1 Review Status: APPROVED Keycode: 6L601

To pay for your permit(s) and fees online, email your request to [email redacted] Please include your Plan Number in the subject line. Allow 2-3 business days to process. To pay at the One Stop Shop, come in from 8AM-4PM M,T,Th,F. or Wednesday 9AM-4PM. 7447 E Indian School Rd To request a complete calculation of fees before you pay, go to https://www.scottsdaleaz.gov/planning-development/fees If permit or additional plan review fees are due, you cannot download your plans until all fees have been paid. Download your approved plans. Click on link below and select File Exchange https://eservices.scottsdaleaz.gov/bldgresources/plans/login/1401-22?keycode=6L601

<image004.jpg>

Legal New Mail - AZROC <[email redacted]>

Access One Consulting_ Case 2023-08894 - Notice of No-Pay Complaint - message

Michele copley <[email redacted]> Tue, Aug 22, 2023 at 6:39 PM To: "[email redacted]" <[email redacted]>

Thank you for the notice.

See attached response.

Michele Copley

Accounts Services

Email:[email redacted]

1610 N. Rosemont, Ste 109, Mesa AZ 85205

Phone: 859-585-3867 | www.accessoneconsulting.net

From: Tedi Quezada <[email redacted]> Sent: Wednesday, August 16, 2023 9:24 AM Subject: Case 2023-08894 - Notice of No-Pay Complaint - DO NOT REPLY

Good morning, RECEIVED LEGAL 8/22/2023 Please see the attached electronic courtesy copy of the Notice of No Pay Complaint issued in Case 2023-08894. This document was also sent to your attention via US Mail.

PLEASE DO NOT REPLY DIRECTLY TO THIS EMAIL. Any reply or response should be addressed to [email redacted]

Thank you

Tedi Quezada Legal Assistant II Legal Department Arizona Registrar of Contractors Main: 602.542-1525

Email: [email redacted]

The ROC is now on social media! Make sure to follow us on:

Fill out AZ ROC's survey to let us know how we're doing and how we can better serve you!

Reply by Access One Consulting_Case 2023-08894 - Notice of No-Pay Complaint .pdf 3977K REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2023-08894 Southwest Barricades LLC,

COMPLAINANT, v. CITATION Access One Consulting LLC License No. ROC 332676,

RESPONDENT.

The Registrar issues this Citation to Access One Consulting LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 23, 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 August 3, 2023, Southwest Barricades 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 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 licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-08894. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 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 September 23, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a 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 deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are 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 inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated September 8, 2023. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 8, 2023 to:

Respondent Certified Mail No: [number redacted]

Access One Consulting LLC 1610 N Rosemont Suite 109 Mesa, AZ 85205 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 Copy mailed by USPS First Class mail this same date to: Respondent Access One Consulting LLC 1610 N Rosemont Suite 109 Mesa, AZ 85205 Complainant Southwest Barricades LLC 2115 W Melinda Ln Phoenix, AZ 85027-260 Complainant’s Attorney Mark A Kirkorsky Esq. The Law Offices of Mark Kirkorsky PO Box 25287 Tempe, AZ 85285 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. 2023-08894

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 August 16, 2023

Via U.S. Mail and Email

Complainant Southwest Barricades LLC 2115 W Melinda Ln Phoenix, AZ 85027-260

Complainant’s Attorney Mark A. Kirkorsky, Esq. 1119 W. Southern Ave., Ste. 200 Mesa, AZ 85210

Respondent Access One Consulting LLC 1610 N Rosemont Suite 109 Mesa, AZ 85205

Re: Complaint No. 2023-08894

Dear Complainant and Respondent:

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

The Registrar will not issue a citation before August 23, 2023 and will review Respondent’s response, if one is submitted.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 /s/ Tedi Quezada _________________ Tedi Quezada Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received 08/10/2023 ROC Legal Received 8/10/23, 9:56 AM State of Arizona Mail - ROC Complaint 2023-08894 08/10/2023 ROC Legal

Donna Lewandowski <[email redacted]>

ROC Complaint 2023-08894 Danielle Gillen <[email redacted]> Thu, Aug 10, 2023 at 9:36 AM To: Donna Lewandowski <[email redacted]>

Good morning,

Please see the attached.

Thank you,

Danielle

Danielle Gillen Executive Account Coordinator [email redacted]

The Law Offices of Mark A. Kirkorsky • Smith Center • KS • 66967 Phone: 480-750-7261 | Fax: www.MAKPC.com

Please do not hesitate to contact me if you have any questions.

Donna Lewandowski

Paralegal Manager, Legal Department

Arizona Registrar of Contractors

1700 W. Washington St., Suite 105

Phoenix, AZ 85007

[email redacted]

602.771.6713 (Direct Line)

602.568.4477 (Cell Phone)

www.roc.az.gov

ROC is now on social media!

Make sure to follow us on:

Fill out AZ ROC's survey to let us know how we're doing and how we can better serve you!

No Pay Complaint Form.pdf 94K

Southwest Barricades LLC, Case No. 2023-08894 COMPLAINANT, v. Access One Consulting LLC, FINAL ADMINISTRATIVE License No. ROC 332676, DECISION AND ORDER (DEFAULT) RESPONDENT.

A Citation was issued in this matter based on a complaint filed with the Registrar of Contractors. Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Order are made: FINDINGS OF FACT 1. The Citation and Complaint were served on Respondent by certified mail, with postage prepaid, directed to the latest address of record for Respondent as shown in the license files of the Registrar, in accordance with A.R.S. §§ 32-1155(A) and (B).

2. Respondent did not file a timely written Answer to the Citation as required by A.R.S.

§ 32-1155(A).

3. More than ten days have elapsed since service of the Citation, and under A.R.S. § 32-

1155(C) Respondent’s failure to answer within the time prescribed is deemed an admission of

the acts charged in the Complaint.

4. Respondent’s license is active as of the date of this Order.

of 3 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/19 CONCLUSIONS OF LAW 1. Respondent violated the provisions of A.R.S. § 32-1154(A)(10) as charged in the Citation and Complaint.

2. The Registrar has authority to suspend or revoke Respondent’s license under A.R.S. §§ 32-1154 and 32-1155.

ORDER Based on the foregoing, IT IS ORDERED that Respondent’s license be suspended beginning October 5, 2023, until the Registrar receives written proof that Respondent has paid Complainant $30,516.49, This Order is not subject to judicial review except for jurisdictional issues under A.R.S. §§ 41-1092.08(H) and 12-902(B). Dated September 28, 2023.

By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors Copy mailed by USPS First Class mail September 28, 2023 to: Respondent Access One Consulting LLC 1610 N. Rosemont Suite 109 Mesa, AZ 85205

Complainant Southwest Barricades LLC 2115 W Melinda Ln Phoenix, AZ 85027-260 Complainants Attorney Mark A Kirkorsky Esq. The Law Office of Mark Kirkorsky PO Box 25287 Tempe, AZ 85285

of 3 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/19 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. 2023-08894/du

of 3 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/19 Legal New Mail - AZROC <[email redacted]>

RE: Case 2023-08894-Final Administrative Decision and Order (Default)-Do Not Reply Michele copley <[email redacted]> Fri, Sep 29, 2023 at 3:33 PM To: Legal New Mail - AZROC <[email redacted]>, "[email redacted]" <[email redacted]>

Yes it was my intent. And if someone had open the documents it would have been clear.

Michele Copley Accounts Services

Email:[email redacted] On Sep 29, 2023, at 11:32 AM, Legal New Mail - AZROC <[email redacted]> wrote:

1610 N. Rosemont, Ste 109, Mesa AZ 85205

[Quoted text hidden] Phone: 859-585-3867 | www.accessoneconsulting.net Legal New Mail - AZROC <[email redacted]>

RE: Case 2023-08894-Final Administrative Decision and Order (Default)-Do Not Reply Legal New Mail - AZROC <[email redacted]> Fri, Sep 29, 2023 at 11:31 AM To: Michele copley <[email redacted]>

Hello,

It was not clear because the August 22, 2023 Response is entitled "Notice of No-Pay Complaint." On September 8, 2023, a Citation was issued that indicated a written answer should be filed and contain the heading "Written Answer to Citation and Complaint" and should include the case number, which is Case No. 2023-08894."

If it is your intent to have the August 22, 2023 Response also be your Answer to the Citation please let me know.

Thank you,

Arizona Registrar of Contractors Legal Department

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

On Thu, Sep 28, 2023 at 8:18 PM Michele copley <[email redacted]> wrote:

I responded to this last month; therefore I am outraged on how this was conducted and handled, I will take this story to the news! Michele Copley

Accounts Services

Email:[email redacted]

1610 N. Rosemont, Ste 109, Mesa AZ 85205

Phone: 859-585-3867 | www.accessoneconsulting.net

From: Douglas Ulmer <[email redacted]> Sent: Thursday, September 28, 2023 4:45 PM To: Michele copley <[email redacted]> Cc: Douglas Ulmer <[email redacted]> Subject: Case 2023-08894-Final Administrative Decision and Order (Default)-Do Not Reply

Good Afternoon,

Attached please find an electronic courtesy copy of the Final Administrative Decision and Order (Default) issued in Case 2023-08894. This document was also sent to your attention via US Mail.

Please do not reply directly to this email. Any reply or response should be addressed to [email redacted].

Thanks,

Douglas Ulmer

Arizona Registrar of Contractors

1700 W. Washington St., Suite 105

Phoenix, AZ 85007

[email redacted]

(602) 542-1525

www.roc.az.gov

attachments image001.jpg 2K

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image002.jpg 1K REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Southwest Barricades LLC, Case No. 2023-08894

COMPLAINANT, ORDER SETTING ASIDE FINAL ADMINISTRAIVE DECISION AND v. ORDER (DEFAULT) Access One Consulting LLC, AND License No. ROC 332676, ORDER SETTING HEARING RESPONDENT.

After a review of the file and record, Respondent’s request to set aside the Registrar’s Final Administrative Decision and Order (Default) is granted for the following reasons: BACKGROUND On August 3, 2023, the Registrar received a complaint against Respondent. On August 16, 2023, the Registrar issued a Notice of No-Pay Complaint to Respondent. On August 22, 2023, Respondent filed a Response. On September 8, 2023, the Registrar issued a Citation to Respondent for an alleged violation of A.R.S. § 32-1154(A)(10). The Citation directed Respondent to file a written Answer by September 23, 2023. The Registrar mailed the Citation via certified mail to Respondent’s address of record. Since the Registrar did not receive an answer after issuing the Citation, on September 28, 2023, it issued a Final Administrative Decision and Order (Default). The Default Order suspended Respondent’s license beginning on October 5, 2023, and until the Registrar received written proof that Respondent has paid Complainant $30,516.49. Later that day, Respondent emailed the Registrar stating “I responded to this last month; therefore I am outraged on how this was conducted and handled…”

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg107 4/21 ANALYSIS Service of a Citation is fully effected by mailing a copy of the Citation and Complaint by registered mail to the licensee’s last address of record in the Registrar’s office. A.R.S. § 32- 1155(B). Service is complete five days after deposit in the mail. Failure of a licensee to respond to a Citation within ten days after service may result in a statutory admission of all acts charged in the complaint. The Registrar may accept a late Answer if it determines, in its sole discretion, that the failure to timely Answer is attributable to excusable neglect. A.R.S. § 32-1155(C). Here, the Citation was mailed to Respondent’s correct address of record on September 8, 2023 via certified and USPS first class mail. The due date for Respondent to file an Answer to the Citation was September 23, 2023. Because Respondent failed to timely file an Answer as required under A.R.S. § 32-1155(C), the Registrar issued a Final Administrative Decision and Order (Default) in this case. The Registrar therefore considers Respondent’s September 28, 2023, email as a late Answer and a request to set aside the Final Administrative Decision and Order (Default). The Registrar favors resolving complaints on their merits rather than procedural technicalities. The Registrar reviewed the record to determine whether there is sufficient evidence to set aside the Final Administrative Decision and Order (Default) in this case. Here, good cause exists to set this matter for a hearing before the Office of Administrative Hearings. Once Respondent was aware of the Registrar’s issuance of the Final Administrative Decision and Order (Default), it promptly sought relief. Respondent erroneously believed that the response that it filed on August 22, 2023, was the answer to the Citation. Respondent’s failure to timely Answer is attributable to excusable neglect. Therefore, the Registrar determines that good cause exists to set aside the default. /// ///

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg107 4/21 ORDER Based on the foregoing, Respondent’s request to set aside the Final Administrative Decision and Order (Default) is granted. IT IS FURTHER ORDERED that a hearing be scheduled in the normal course of docketing. A Notice of Hearing will be issued in due course. Dated October 16, 2023. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class Mail on October 16, 2023 to:

Respondent Access One Consulting LLC 1610 N Rosemont Suite 109 Mesa, AZ 85205

Complainant Southwest Barricades LLC 2115 W Melinda Ln Phoenix, AZ 85027-260 Complainant’s Attorney Mark A. Kirkorsky, Esq. Mark A. Kirkorsky PC 1119 W Southern Ave 2nd Fl 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. 2023-08894 / KR

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg107 4/21 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 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