2023A-09261-NPC-ROC Notice of Hearing and Packet MAILED.pdf

2023A-09261-NPC-ROC · Registrar of Contractors · 2023-11-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Jandy Electric LLC, Case No. 2023-09261 COMPLAINANT, Docket No. 2023A-09261-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE North Star Pools LLC License No. ROC 302626,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

January 9, 2024 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 October 23, 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 November 30, 2023.

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

Copy mailed via USPS First Class mail November 30, 2023 to: Respondent(s) North Star Pools LLC PO Box 7273 Mesa, AZ 85216

Complainant(s) Jandy Electric LLC 1221 East Almeria Road PHOENIX, AZ 85006

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. 2023-09261 /

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

September 8, 2023

Via U.S. Mail and Email

Complainant Jandy Electric LLC 1221 East Almeria Road Phoenix, AZ 85006

Via U.S. Mail and Email

Respondent North Star Pools LLC PO Box 7273 Mesa, AZ 85208

Re: Complaint No. 2023-09261

Dear Complainant and Respondent:

The Registrar received a complaint filed against North Star Pools 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 September 15, 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 September 15, 2023 and will review Respondent’s response, if one is submitted.

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

Sincerely,

/s/ Erin Johnson Erin Johnson 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Legal Assistant II Legal Department Arizona Registrar of Contractors

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

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

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Alejandra Chavero Street Address City State Zip Code 1221 E Almeria Rd Phoenix Arizona 85006 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) North Star Pools LLC ROC 302626 Street Address City State Zip Code

Phone Number Email Address

Name of Person(s) Representing License Robert Allen Kempton Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $29,285.00 Have you filed a civil complaint?

List all specific invoices which have not been paid. Attach additional pages if necessary. Invoice 1002 $5,770.00 Barkan Residence: 4520 N Arcadia Dr, Phoenix, AZ 85018, USA; Invoice 1008 $11,180.00 Hale Residence: 4244 E Caroline Ln, Gilbert, AZ 85296, USA; Invoice 1011 $3,295.00 Caroll Residence: 2477 E Mountain Drive, Gilbert, AZ 85297 ROUGH-IN ONLY - JOB FINISHED BY OTHER; Invoice 1012 $7,940.00 Hernandez Residence 1627 N Fraser Dr, Mesa, AZ 85203, USA Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Alejandra Chavero Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date Alejandra Chavero CHECKLIST

1) Contract a) No Contract. See Part “B”. b) Non-Payment Compliant Contract Information: Part B I.) North Star LLC did not provide a contract. Standard practice in the pool industry, the Pool Contract sent out an email, text or call for job to get started. II.) There are no tangible documents used to describe the contract. All contracts were verbal in person and by cellular phone calls. Attached invoices and text messages corroborate the agreement/contract was made. III.) The work included two phases of the electrical for a pool project (rough-in electrical and final electrical. See invoices for itemized details of work performed. IV.) The names of the people that negotiated the contract were Juan Aldo Nunez and Robert Kempton. V.) The agreed upon payment schedule was payment due upon invoice receival. VI.) Payment was finally determined to be Received by Jandy Electric LLC. VII.) The dates work was to be completed: Work was to be completed once summoned for final electrical as we complied with. Jandy Electric LLC ROC 345178 530 E McDowell Rd # 107-508 Phoenix, AZ 85004 US +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 1003 Robert Kempton DATE 06/27/2023 North Star Pools DUE DATE 06/27/2023 TERMS Due on receipt

DESCRIPTION QTY RATE AMOUNT

2764 E Dennisport Ave, Gilbert, AZ 85295, USA EMT Run 5 15.00 75.00 Wire Up Pump 1 100.00 100.00 Light Jbox Supply, Install and Wire up 1 100.00 100.00 Microbrite Eyeballs Supply and Install 2 40.00 80.00 Transformer Wire Up 1 100.00 100.00 Pull in Light 2 120.00 240.00 GFCI Breaker Supply and Install 1 280.00 280.00 Wire Up Pump Relay to Turn on and Off Lights (2 1 50.00 50.00 #14 Wire Run) From GFCI to Pump GFCI Outlet Tamper and Weather Resitent (other 1 120.00 120.00 left on site) Extra Trip 1 0.00 0.00

PAYMENT 1,145.00 BALANCE DUE $0.00 Jandy Electric LLC ROC 345178 530 E McDowell Rd # 107-508 Phoenix, AZ 85004 US +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 1004 Robert Kempton DATE 06/27/2023 North Star Pools DUE DATE 06/27/2023 TERMS Due on receipt

DESCRIPTION QTY RATE AMOUNT

4562 E Calle Ventura Phoenix, AZ EasyTouch Wire Up 1 450.00 450.00 Subpanel Supply, Mount and Install 1 350.00 350.00 GFCI Breaker 1 280.00 280.00 GFCI Outlet 1 120.00 120.00 Transformer Wire Up 1 100.00 100.00 Light Jbox 2 100.00 200.00 Pump Wire Up 1 100.00 100.00 Equipment Bonded 1 60.00 60.00 Pull In Light 4 120.00 480.00 Fitting for Microbrite 2 30.00 60.00 EMT Electrical Run for Main Electrica 8 15.00 120.00 Low Voltage 1 80.00 80.00

PAYMENT 2,400.00 BALANCE DUE $0.00 Jandy Electric LLC ROC 345178 530 E McDowell Rd # 107-508 Phoenix, AZ 85004 US +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 1009 Robert Kempton DATE 06/27/2023 North Star Pools DUE DATE 06/27/2023 TERMS Due on receipt

DESCRIPTION QTY RATE AMOUNT

Glimcher Residence: 4908 E Virginia Avenue, Phoenix, Arizona Perimeter Equipotential Grounding (Base: Bonding 1 180.00 180.00 To Equipment Up to 80') Extra Perimeter (Over 80' extra to Equipment) 75.00 50 2.50 125.00 Discount Low Volt Light Sleeves For MicroBrite Lights 3 120.00 360.00 Low Voltage Light Stub Up for Bubbler (Stub Ups 40 3 0.00 0.00 each) 120.00 Discount Additional Light Run (Includes Bubbler Light Runs) 260 6.00 1,560.00 hole Light Jbox 2 100.00 200.00 Pump Wire Up (New Price 100.00) 40.00 Discount 2 80.00 160.00 Automation System Installation & Wire Up (New 1 400.00 400.00 Price 450.00) 50.00 Discount Antenna Installation Only - No Programming 1 80.00 80.00 Pull In Lights Includes Microbrites, AND Glowbrite 6 120.00 720.00 for Bubblers Basic Equipment Bonding 1 60.00 60.00 Equipment Jboxes 1 50.00 50.00 GFI Outlet to Protect Lights 1 120.00 120.00 GFCI Breaker to Protect Pump (New Price 280.00) 2 240.00 480.00 80.00 Discount Extra Trip 1 120.00 120.00 Transformer Wire Up 1 100.00 100.00 Low Volt Wire Up, Actuator Valve, Data cable, etc 1 80.00 80.00 Blower Wire Up (New Price 100.00) 20.00 Discount 1 80.00 80.00 3/4" EMT Electrical Run from Main Panel to 5 20.00 100.00 Automation Panel DESCRIPTION QTY RATE AMOUNT

Heater Wire Up (New price 100.00) 20.00 Discount 1 80.00 80.00 EMT Conduit Run at Equipment for Heater 10 10.00 100.00 EMT Run from IntelliCenter to Transformer 3 0.00 0.00 Payment - 4,900.00

PAYMENT 255.00 BALANCE DUE $0.00 Jandy Electric LLC ROC 345178 530 E McDowell Rd # 107-508 Phoenix, AZ 85004 US +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 1002 Robert Kempton DATE 06/27/2023 North Star Pools DUE DATE 06/27/2023 TERMS Due on receipt

DESCRIPTION QTY RATE AMOUNT

Barkan Residence: 4520 N Arcadia Dr, Phoenix, AZ 85018, USA Perimeter Grounding (Base Equipotential Bonding 1 180.00 180.00 To Equipment Up to 80') Extra Perimeter (Over 100' extra) Discount 75 2.00 150.00 Low Volt Light Sleeves For MicroBrite Lights 4 120.00 480.00 Additional Light Run 440 6.00 2,640.00 Light Jbox 1 100.00 100.00 Pump Wire Up (Discount 40.00) 2 80.00 160.00 Main Electrical Hook Up 0 50.00 0.00 Automation System Installation & Wire Up (Discount 1 400.00 400.00 50.00) Pull In Lights Includes Microbrites, 4 120.00 480.00 Basic Equipment Bonding 1 60.00 60.00 GFCI Outlet to Protect Lights 1 120.00 120.00 GFCI Breaker to Protect Pump (new price 280.00 / 2 220.00 440.00 discount 120.00 total) Extra Trip 1 120.00 120.00 Transformer Wire Up 1 100.00 100.00 Heater Wire Up (price 100.00) 1 80.00 80.00 Low Volt Wire Up, Actuator Valve, Data cable, etc 1 80.00 80.00 Blower Wire Up (Price 100.00) 1 80.00 80.00 EMT Run from Automation to Heater 10 10.00 100.00

BALANCE DUE $5,770.00 Jandy Electric LLC ROC 345178 530 E McDowell Rd # 107-508 Phoenix, AZ 85004 US +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 1008 Robert Kempton DATE 06/27/2023 North Star Pools DUE DATE 06/27/2023 TERMS Due on receipt

DESCRIPTION QTY RATE AMOUNT

Hale Residence: 4244 E Caroline Ln, Gilbert, AZ 85296, USA -Perimeter Equipotential Grounding (Base: Bonding 1 220.00 220.00 To Equipment Up to 80') -Extra Perimeter (Over 80' extra to Equipment) 160 2.50 400.00 -Low Volt Light Sleeves For MicroBrite Lights 11 120.00 1,320.00 -Additional Light Run 830 6.00 4,980.00 Antenna Installation Only - No Programming 1 80.00 80.00 Pull In Lights Includes Microbrites 11 120.00 1,320.00 Basic Equipment Bonding (No charge for extra 1 60.00 60.00 equipment) Equipment Jboxes 2 50.00 100.00 Extra Trip 5 120.00 600.00 05/03/22 06/13/22 06/27/22 07/07/22 08/01/22 10/25/22 04/21/23 04/24/23 04/25/23 04/27/23 04/28/23 05/01/23 05/03/23 Low Volt Wire Up, Actuator Valve, Data cable, etc 1 80.00 80.00 (No charge for extra equipment) PENDING: Line 16-21 (Electrical Run Approved by Homeowner and Bob) AMPS Electrical Run (Attic Run) DESCRIPTION QTY RATE AMOUNT

Attic Run Fee Extra Day and Labor Demolition on Concrete 6' x 8" Subpanel for Main Run -Main Electrical Run (Upgrade to #4 Wire) WIRE 200 15.00 3,000.00 ONLY -Base 1" Conduit Run Electrical Run (in addition to 1 1,800.00 1,800.00 wire run/total 260' -Extra Run (Upgrade to IMC) 10 22.00 220.00 -Tunnels for main run 1 150.00 150.00 -Subpanel Supply, Install and Wire Up (to 1 350.00 350.00 accommodate extra equipment) -Transformer Wire Up 2 100.00 200.00 -Automation System Installation & Wire Up (No 1 450.00 450.00 Charge for Extra Equipment) -Intermatic Light Jbox Supply and Install 4 100.00 400.00 -Pump Wire Up 4 100.00 400.00 -Heater Wire Up 1 100.00 100.00 -Blower Wire Up 1 100.00 100.00 -GFCI Breaker to Protect Pump 4 280.00 1,120.00 -GFI Outlet to Protect Lights 1 120.00 120.00 -VS3 Low Voltage Cable Supply and Wire Up 4 80.00 320.00 -EMT Conduit Run from IntelliCenter to Transformer 20 15.00 300.00 -PVC Electrical Run from Transformer to Light Jbox 10 15.00 150.00 -EMT Electrical Run from IntelliCenter to Subpanel 8 15.00 120.00 -EMT Electrical Run from Subpanel to Equipment 10 15.00 150.00 Jbox -PVC Electrical Run for River Pump /Continue with 50 13.00 650.00 upgraded conduit. total 120' -Upgraded To IMC Conduit for Electrical Run for 70 15.00 1,050.00 River Pump -Extra Large Box 8' x 8' x 4 1 200.00 200.00 -Tunnels 3 150.00 450.00 -Disconnect For River Motor 1 250.00 250.00 -Low Voltage Wire Run for River Pump 160 7.00 1,120.00 -Bond Wire Run from River Pump Location to 140 2.50 350.00 Equipment Payment Zelle 1 -1,000.00 - 1,000.00 Payment 1 -3,500.00 - 3,500.00 Online Payment to Casther Electric 1 -7,000.00 - 7,000.00

BALANCE DUE Wall Sheetrock cuts Need Repair by Other(s) -Bedroom $11,180.00 -Bathroom Need Foam Insulation for New Subpanel Outside Home by Other(s) All Sheetrock cuts Need to be Fixed by Other(s) -Insulation Needs to be Fixed by Other(s) - Lazy River Motor Wire Up Pending Jandy Electric LLC ROC 345178 530 E McDowell Rd # 107-508 Phoenix, AZ 85004 US +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 1011 Robert Kempton DATE 06/29/2023 North Star Pools DUE DATE 06/29/2023 TERMS Due on receipt

DESCRIPTION QTY RATE AMOUNT

Caroll Residence: 2477 E Mountain Drive, Gilbert, AZ 85297

ROUGH-IN ONLY - JOB FINISHED BY OTHER Perimeter Grounding (Base Equipotential Bonding 1 220.00 220.00 To Equipment Up to 80') Extra Perimeter (Over 100' extra) Discount 70 2.50 175.00 Low Volt Light Sleeves For MicroBrite Lights 6 120.00 720.00 Light Run for all Microbrites 320 6.00 1,920.00 BASE Electrical for One Inch Main Electrical Conduit (ONLY) Run 1 720.00 720.00 (Discount/Base Price 900.00) Additional Main Electrical Conduit Only (Discount: 10.00/Ft 80 8.00 640.00

BALANCE DUE $4,395.00 Jandy Electric LLC ROC 345178 530 E McDowell Rd # 107-508 Phoenix, AZ 85004 US +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 1012 Robert Kempton DATE 06/29/2023 North Star Pools DUE DATE 06/29/2023 TERMS Due on receipt

DESCRIPTION QTY RATE AMOUNT

Hernandez Residence 1627 N Fraser Dr, Mesa, AZ 85203, USA Perimeter Grounding / Equipotential Bonding Up to 80' Up to 1 220.00 220.00 Equipment Extra Perimeter Bonding Per Foot 60 2.50 150.00 Low Volt Light Sleeves During Rough-in Electric 6 120.00 720.00 Additional Light Conduit per Foot 210 6.00 1,260.00 Pump Wire Up 2 100.00 200.00 Base for Elec Main Run Up to 50' / Upgrade to 50 AMPS 1 1,800.00 1,800.00 Additional Conduit and Wire Run 10 20.00 200.00 No Extra Conduit (Additional Conduit Done by Other) 0 0.00 0.00 Additional Wire Run for Main Electrical In Existing (Wire Only) 50 12.00 600.00 Automation System Mount and Wire Up 1 450.00 450.00 GFI Two Pole Breaker to Protect Pump 2 280.00 560.00 Light J-Box 2 100.00 200.00 Automation Antenna Installation Only 1 80.00 80.00 Basic Equipment Bonding (extra for extra equipment) 1 60.00 60.00 GFCI Outlet to Protect Lights 1 120.00 120.00 J-Box 2 50.00 100.00 Low Volt Wire Up, Actuator Valve, Data cable, etc (extra for extra 1 80.00 80.00 equipment) Extra Trip 1 120.00 120.00 Pull In Lights 6 120.00 720.00 Demolition for Microbrites (no ring left) 6 30.00 180.00 Transformer Mount and Wire Up 1 120.00 120.00 PENDING: Heater Wire Up Blower Wire Up DESCRIPTION QTY RATE AMOUNT

Extra Trip

BALANCE DUE $7,940.00 Received 9/15/23, 11:29 AM State of Arizona Mail - Complaint No. 2023-09261 09/13/2023 ROC Legal

Legal New Mail - AZROC <[email redacted]>

Complaint No. 2023-09261 message

North Star Pools L.L.C. <[email redacted]> Wed, Sep 13, 2023 at 4:51 PM To: [email redacted]

Dear Arizona Registrar of Contractors (AZ ROC),

Re: Complaint No. 2023-09261

I am writing to address the matter pertaining to Complaint No. 2023-09261 filed against North Star Pools. Please consider this response as our official statement regarding this complaint.

North Star Pools engaged Casther Electric ROC #311594 for a specific scope of work. Enclosed within this correspondence, you will find copies of emails, correspondences, and invoices that unequivocally document our agreements with Casther Electric. These documents substantiate the nature and extent of our association with them. This documentation clearly demonstrates that our contractual agreements are exclusively with Casther Electric and not with Jandy Electric.

We would like to bring to your attention that a significant misunderstanding arose due to the departure of Alejandro Chavero from Casther Electric. A series of events directed by Alejandro Chavero resulted in several miscommunications and misunderstandings concerning these matters.

Furthermore, we want to inform you that we have an ongoing and positive working relationship with Casther Electric (Paul Hernandez), who is aware of the invoices and work detailed in these documents.

Given these facts, we strongly contest the legitimacy of Jandy Electric's authority to file a complaint against North Star Pools. We appreciate your attention to this issue and kindly request that you consider the provided documentation as clear evidence of our established contractual agreements with Casther Electric and not with Jandy Electric.

Sincerely,

Robert Kempton North Star Pools, Owner [email redacted] Office: 480-633-7035 Cell: 480.215.8889

attachments Casther Arcadia Work Request Finish Electric for Barkan_Arcadia @ 4520 N. Arcadia Dr.pdf 167K Casther Calle Ventura Work Request New Pool Finish Electric for Elliot Barkan_ 4562 E Calle Ventura, Phoenix, AZ 85018.pdf 138K Casther Don Carroll Work Request .pdf 186K Casther Glimcher Finish Electric for Glimcher @ 4908 E Virginia Ave, Phoenix 85008.pdf 205K Casther Hale Work Request New Pool Electric for Jeff Hale @ 4244 E Caroline Lane, Gilbert AZ 85296.pdf 144K Casther Hernandez Work Request New Pool Rough Electric @ 1627 N. Fraser Dr.pdf 174K

https://mail.google.com/mail/b/AEoRXRSoCHNX96Q67rAkfN2qDoaPwHtxTUk5Iqpc-uyAY2lMNf8m/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 1/2 Received 9/15/23, 11:29 AM State of Arizona Mail - Complaint No. 2023-09261 09/13/2023 ROC Legal Casther 1,145.00 Hardhat_Dennisport Finish Electric PDF.pdf 123K Casther 2,400.00 Barkan_Calle Ventura Finish Electric 5_18_2023 Invoice 2381.pdf 21K Casther 5,155.00 Glimcher Finish Electric Invoice 2324.pdf 24K Casther 5,770.00 Barkan_Arcadia Electric Invoice 2217.pdf 23K Casther 11,180.00 Hale Electric PDF.pdf 362K Complaint # 2023-09261 Respose Worksheet 9_14_2023.xlsx 11K

https://mail.google.com/mail/b/AEoRXRSoCHNX96Q67rAkfN2qDoaPwHtxTUk5Iqpc-uyAY2lMNf8m/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 2/2 Received 09/13/2023 ROC Legal Received 09/13/2023 ROC Legal Casther Electric, LLC ROC# 311594 530 E McDowell Rd 107-508 PHOENIX, AZ 85004 +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 2381 North Star DATE 05/18/2023 DUE DATE 05/18/2023 TERMS Due on receipt

ACTIVITY DESCRIPTION QTY RATE AMOUNT

4562 E Calle Ventura Phoenix, AZ Sales EasyTouch Wire Up 1 450.00 450.00 Sales Subpanel Supply, Mount and Install 1 350.00 350.00 Sales GFCI Breaker 1 280.00 280.00 Sales GFCI Outlet 1 120.00 120.00 Sales Transformer Wire Up 1 100.00 100.00 Sales Light Jbox 2 100.00 200.00 Sales Pump Wire Up 1 100.00 100.00 Sales Equipment Bonded 1 60.00 60.00 Sales Pull In Light 4 120.00 480.00 Sales Fitting for Microbrite 2 30.00 60.00 Sales EMT Electrical Run for Main Electrical 8 15.00 120.00 Sales Low Voltage 1 80.00 80.00

BALANCE DUE $2,400.00 Received 09/13/2023 ROC Legal Casther Electric, LLC ROC# 311594 530 E McDowell Rd 107-508 PHOENIX, AZ 85004 +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 2324 North Star DATE 03/22/2023 DUE DATE 03/22/2023 TERMS Due on receipt

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT

Glimcher Residence: 4908 E Virginia Avenue, Phoenix, Arizona Sales Perimeter Equipotential 1 180.00 180.00 Grounding (Base: Bonding To Equipment Up to 80') Sales Extra Perimeter (Over 80' extra 50 2.50 125.00 to Equipment) 75.00 Discount Sales Low Volt Light Sleeves For 3 120.00 360.00 MicroBrite Lights Sales Low Voltage Light Stub Up for 3 0.00 0.00 Bubbler (Stub Ups 40 each) 120.00 Discount Sales Additional Light Run (Includes 260 6.00 1,560.00 Bubbler Light Runs) Sales 5 hole Light Jbox 2 100.00 200.00 Sales Pump Wire Up (New Price 2 80.00 160.00 100.00) 40.00 Discount Sales Automation System Installation 1 400.00 400.00 & Wire Up (New Price 450.00) 50.00 Discount Sales Antenna Installation Only - No 1 80.00 80.00 Programming Sales Pull In Lights Includes 6 120.00 720.00 Microbrites, AND Glowbrite for Bubblers Sales Basic Equipment Bonding 1 60.00 60.00 Sales Equipment Jboxes 1 50.00 50.00 Sales GFI Outlet to Protect Lights 1 120.00 120.00 Sales GFCI Breaker to Protect Pump 2 240.00 480.00 (New Price 280.00) 80.00 Discount Sales Extra Trip 1 120.00 120.00 Received 09/13/2023 ROC Legal DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT

Sales Transformer Wire Up 1 100.00 100.00 Sales Low Volt Wire Up, Actuator 1 80.00 80.00 Valve, Data cable, etc Sales blower Wire Up (New Price 1 80.00 80.00 100.00) 20.00 Discount Sales 3/4" EMT Electrical Run from 5 20.00 100.00 Main Panel to Automation Panel Sales Heater Wire Up (New price 1 80.00 80.00 100.00) 20.00 Discount Sales EMT Conduit Run at Equipment 10 10.00 100.00 for Heater Sales EMT Run from IntelliCenter to 3 0.00 0.00 Transformer

BALANCE DUE $5,155.00 Received 09/13/2023 ROC Legal Casther Electric, LLC ROC# 311594 530 E McDowell Rd 107-508 PHOENIX, AZ 85004 +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 2217 North Star DATE 10/19/2022 DUE DATE 10/19/2022 TERMS Due on receipt

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT

Barkan Residence: 4520 N Arcadia Dr, Phoenix, AZ 85018, USA Sales Perimeter Grounding (Base 1 180.00 180.00 Equipotential Bonding To Equipment Up to 80') Sales Extra Perimeter (Over 100' 75 2.00 150.00 extra) Discount Sales Low Volt Light Sleeves For 4 120.00 480.00 MicroBrite Lights Sales Additional Light Run 440 6.00 2,640.00 Sales Light Jbox 1 100.00 100.00 Sales Pump Wire Up (Discount 40.00) 2 80.00 160.00 Sales Main Electrical Hook Up 0 50.00 0.00 Sales Automation System Installation 1 400.00 400.00 & Wire Up (Discount 50.00) Sales Pull In Lights Includes 4 120.00 480.00 Microbrites, Sales Basic Equipment Bonding 1 60.00 60.00 Sales GFCI Outlet to Protect Lights 1 120.00 120.00 Sales GFCI Breaker to Protect Pump 2 220.00 440.00 (new price 280.00 / discount 120.00 total) Sales Extra Trip 1 120.00 120.00 Sales Transformer Wire Up 1 100.00 100.00 Sales Heater Wire Up (price 100.00) 1 80.00 80.00 Sales Low Volt Wire Up, Actuator 1 80.00 80.00 Valve, Data cable, etc Sales Blower Wire Up (Price 100.00) 1 80.00 80.00 Sales EMT Run from Automation to 10 10.00 100.00 Heater Received 09/13/2023 ROC Legal

BALANCE DUE $5,770.00 Received 09/13/2023 ROC Legal Received 09/13/2023 ROC Legal Received 09/13/2023 ROC Legal Gmail - Finish Electric for Barkan_Arcadia @ 4520 N. Arcadia Dr., Pho... https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal

North Star Pools <[email redacted]>

Finish Electric for Barkan_Arcadia @ 4520 N. Arcadia Dr., Phoenix, AZ 85018 messages

North Star Pools L.L.C. <[email redacted]> Thu, Oct 6, 2022 at 2:18 PM To: paul castañeda hernandez <[email redacted]>

of 3 9/12/2023, 3:23 PM Gmail - Finish Electric for Barkan_Arcadia @ 4520 N. Arcadia Dr., Pho... https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal

Dear Paul & Aldo,

Would you please schedule to install the finish electric for the following property?

Elliot Barkan 4520 N. Arcadia Dr., Phoenix, AZ 85018

I will let you know when the materials are on site and ready for you. Maybe by the end of next week? Will that work for you?

Please let me know

Thank you!

Marcy Snyder

-- North Star Pools [email redacted] Office: 480-633-7035

attachments

Barkan Arcadia 1 9_28_2022 1 .jpg 48K

Barkan_Arcadia Eq Fran 9_28_2022 3.jpg 127K

BARKAN_Arcadia Construction Plan 11X17_2022_03_10 H (1).pdf 268K

paul castañeda hernandez <[email redacted]> Fri, Oct 7, 2022 at 4:53 AM To: "North Star Pools L.L.C." <[email redacted]>

Hi Marcy, I'm booked all next week, but I can place it for Monday the 17th. There's a possibility I can get to it next week Friday the 14th, so if you can plan to have materials on site by Thursday the 13th that would be great. Thank you, Aldo [Quoted text hidden] --

of 3 9/12/2023, 3:23 PM Gmail - Finish Electric for Barkan_Arcadia @ 4520 N. Arcadia Dr., Pho... https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal CASTHER ELECTRIC LLC ROC# 311594 Residential and Commercial Insured, Licensed and Bonded Office Phone: 480-565-0947 Cel: 480 593 6936

North Star Pools L.L.C. <[email redacted]> Fri, Oct 7, 2022 at 6:55 AM To: paul castañeda hernandez <[email redacted]>

Sounds good Thank you Aldo! [Quoted text hidden]

of 3 9/12/2023, 3:23 PM Gmail - New Pool Finish Electric for Elliot Barkan: 4562 E Calle Ventur... https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal

North Star Pools <[email redacted]>

New Pool Finish Electric for Elliot Barkan: 4562 E Calle Ventura, Phoenix, AZ 85018 messages

North Star Pools L.L.C. <[email redacted]> Wed, May 10, 2023 at 2:56 PM To: "Aaron @ Huling Enterprise" <[email redacted]>

Dear Aaron,

Would you please schedule the finish electric for the following new pool project?

Elliot Barkan 4562 E Calle Ventura Phoenix, AZ 85018 Lock Code 3517

Please see attached Plans (1) Intelliflow VS Pump (1) Filter EasyTouch PL4 Automation System w/Screen Logic (2) Glow Brite Bubblers (2) Microbrites for Pool (1) Transformer

Please schedule at your earliest convenience.

I will have Russell drop off the automation and lights or get them to you.

Thank you Aaron!!

Marcy Snyder North Star Pools [email redacted] Office: 480-633-7035

attachments

Scene 19.jpg 1901K

of 3 9/12/2023, 3:33 PM Gmail - New Pool Finish Electric for Elliot Barkan: 4562 E Calle Ventur... https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal

Calle Ventura Equipment Installed 4_11_2023 -2.jpg 121K

BARKAN CALLE VENTURA 11x17_2022_09_21 CONSTRUCTION.pdf 601K

North Star Pools L.L.C. <[email redacted]> Tue, May 16, 2023 at 2:46 PM To: paul castañeda hernandez <[email redacted]>

Dear Aldo,

Would you please schedule the finish electric for the following new pool project?

Elliot Barkan 4562 E Calle Ventura Phoenix, AZ 85018 Lock Code 3517

Please see attached Plans (1) Intelliflow VS Pump (1) Filter EasyTouch PL4 Automation System w/Screen Logic (2) Glow Brite Bubblers (2) Microbrites for Pool (1) Transformer

Can you schedule this job for tomorrow (Wednesday May 17)

Russell dropped off the materials today (Tuesday May 16)

Thank you Aldo!! [Quoted text hidden]

attachments

Scene 19.jpg 1901K

of 3 9/12/2023, 3:33 PM Gmail - New Pool Finish Electric for Elliot Barkan: 4562 E Calle Ventur... https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal

Calle Ventura Equipment Installed 4_11_2023 -2.jpg 121K

BARKAN CALLE VENTURA 11x17_2022_09_21 CONSTRUCTION.pdf 601K

Casther Electric LLC <[email redacted]> Tue, May 16, 2023 at 2:47 PM To: "North Star Pools L.L.C." <[email redacted]>

Hello, It's scheduled for tomorrow morning. Thanks, Aldo [Quoted text hidden]

of 3 9/12/2023, 3:33 PM Gmail - New Pool/Spa Electric for Don Carroll @ Don Carroll 2477 E... https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal

North Star Pools <[email redacted]>

New Pool/Spa Electric for Don Carroll @ Don Carroll 2477 E Mountain Dr. Gilbert 85255 messages

North Star Pools L.L.C. <[email redacted]> Mon, Mar 21, 2022 at 8:37 AM To: paul castañeda hernandez <[email redacted]>

Dear Paul & Aldo,

Would you please schedule to install new pool rough electric at the following address?

Don Carroll 2477 E Mountain Dr. Gilbert, AZ 85255

Please see attached Plans. This pool will have a Mater Temp NG Heater EasyTouch I5 Automation System (6) MicroBrite Lights (2) Pumps (1) 300W Transformer

Rebar is complete and this pool is ready for rough-in at your earliest convenience.

Thank you Aldo!

Marcy Snyder

-- North Star Pools [email redacted] Office: 480-633-7035

CAROLL Construction Plan 11x17_2022_02_25.pdf 330K

North Star Pools L.L.C. <[email redacted]> Wed, Mar 30, 2022 at 10:40 AM To: paul castañeda hernandez <[email redacted]>

Hi Aldo - did you see this request for the Don Carroll new pool electric? (Have we already discussed the rough-in date on this?) [Quoted text hidden]

CAROLL Construction Plan 11x17_2022_02_25.pdf 330K

paul castañeda hernandez <[email redacted]> Wed, Mar 30, 2022 at 11:06 AM To: "North Star Pools L.L.C." <[email redacted]>

Hello,

I have it scheduled for Friday. I also moved Campbell to Friday, and Barken (Fresno) to tomorrow due to work and

of 2 9/12/2023, 11:25 AM Gmail - New Pool/Spa Electric for Don Carroll @ Don Carroll 2477 E... https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal rain delays. Sorry for the inconvenience. Thanks, [Quoted text hidden] -- CASTHER ELECTRIC LLC ROC# 311594 Residential and Commercial Insured, Licensed and Bonded Office Phone: 480-565-0947 Cel: 480 593 6936

North Star Pools L.L.C. <[email redacted]> Wed, Mar 30, 2022 at 11:10 AM To: paul castañeda hernandez <[email redacted]>

OK - Thank you for the update - I will let customers know.

[Quoted text hidden]

of 2 9/12/2023, 11:25 AM Gmail - Finish Electric for Don Carroll @ 2477 E Mountain Dr. Gilbert,... https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal

North Star Pools <[email redacted]>

Finish Electric for Don Carroll @ 2477 E Mountain Dr. Gilbert, AZ 85297 messages

North Star Pools L.L.C. <[email redacted]> Mon, Nov 7, 2022 at 12:38 PM To: paul castañeda hernandez <[email redacted]>

Dear Paul & Aldo,

Would you please schedule the Finish Electric for the following residence?

Don Carroll 2477 E Mountain Dr. Gilbert, AZ 85297

We will be installing the equipment tomorrow (Tuesday Nov 8, 2022) This pool will be ready for you later this week.

This pool DOES have a Digital Heat Pump. We will install a gas heater later.

Other Equipment (2) Pumps (1) Filter (6) Lights EasyTouch 8 pool/spa 300W transformer

Can you fit this into your schedule later this week? Please let me know.

Thank you very much,

Marcy Snyder North Star Pools [email redacted] Office: 480-633-7035

attachments

Don Carroll Progress 8_24_2022 -2.jpg 77K

of 2 9/12/2023, 11:21 AM Gmail - Finish Electric for Don Carroll @ 2477 E Mountain Dr. Gilbert,... https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal

D Carroll Plumbing Equip 2 -1.jpg 53K

CAROLL Construction Plan 11x17_2022_02_25.pdf 330K

paul castañeda hernandez <[email redacted]> Mon, Nov 7, 2022 at 12:39 PM To: "North Star Pools L.L.C." <[email redacted]>

Will do. Thanks [Quoted text hidden] -- Casther Electric LLC. License, bonded and insured. ROC# 311594 (480)5936936 / (928)5501942

of 2 9/12/2023, 11:21 AM Gmail - Finish Electric for Glimcher @ 4908 E Virginia Ave, Phoenix 85008 https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal

North Star Pools <[email redacted]>

Finish Electric for Glimcher @ 4908 E Virginia Ave, Phoenix 85008 messages

North Star Pools L.L.C. <[email redacted]> Thu, Mar 16, 2023 at 10:20 AM To: paul castañeda hernandez <[email redacted]>

Dear Paul & Aldo,

Would you please schedule to install finish electric for the following property?

Jason Glimcher 4908 E Virginia Ave Phoenix, AZ 85008

This property will be ready to finish electric on Monday March 20 - Can this work for your schedule?

Materials (2) IntelliFlo Pumps Master Temp Heater NG GlowBrites (ColorVision Bubblers in Baja Step) MicroBrites (1) Spa (2) Pool I5 Intellicenter P/S Control System

Please see Pool Plans and Progress Pics.

Please let me know if early next week will work for your schedule.

Thank you!! Marcy Snyder North Star Pools [email redacted] Office: 480-633-7035

PS - I am sending this request as Robert said he is sending you payment today. ◣ ◨ ◧ ◦ ◥ ◤

attachments

Glimcher Shotcrete -3.jpg 107K

of 2 9/13/2023, 4:06 PM Gmail - Finish Electric for Glimcher @ 4908 E Virginia Ave, Phoenix 85008 https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal

Glimcher Coping 1 -1.jpg 147K

GLIMCHER Construction Plan_11x17_2022_09_28.pdf 754K

Casther Electric LLC <[email redacted]> Thu, Mar 16, 2023 at 2:03 PM To: "North Star Pools L.L.C." <[email redacted]>

Hello, It’s scheduled Igor Tuesday the 21st. Thanks! [Quoted text hidden] -- Casther Electric LLC. License, bonded and insured. ROC# 311594 (480)5936936 / (928)5501942

North Star Pools L.L.C. <[email redacted]> Thu, Mar 16, 2023 at 2:04 PM To: Casther Electric LLC <[email redacted]>

Thank you so much!!! [Quoted text hidden] -- [Quoted text hidden]

of 2 9/13/2023, 4:06 PM Gmail - New Pool Electric for Jeff Hale @ 4244 E Caroline Lane, Gilbe... https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal

North Star Pools <[email redacted]>

New Pool Electric for Jeff Hale @ 4244 E Caroline Lane, Gilbert AZ 85296 messages

North Star Pools L.L.C. <[email redacted]> Tue, Apr 19, 2022 at 8:09 AM To: paul castañeda hernandez <[email redacted]>

Dear Paul & Aldo,

Would you please schedule new pool electric for the following residence?

Jeff Hale 4244 E Caroline Lane Gilbert, AZ 85296

Please see attached plans.

Note: This is a large custom pool that will have a RiverFlow Pump System

Would you please pre-site this job? Russell says there is no room in the main panel, but there is a sub panel on the "grandmother's cottage" that we might be able to use.

This property will have (4) Pumps (2) Filters MasterTemp 400 BTU Heater (11) MicroBrite Lights Intellicenter Control System w/ Screen Logic (4) Transformers River Flow Pump System *Spa is located in an island

Please let me know if you can pre-site this job and if you'd like to have Robert meet you.

Thank you Aldo!

Marcy Snyder -- North Star Pools [email redacted] Office: 480-633-7035

attachments HALE CONST_2022_04_18.pdf 294K HALE Site Plan PERMIT_2022_04_18.pdf 364K

paul castañeda hernandez <[email redacted]> Tue, Apr 26, 2022 at 1:40 PM To: "North Star Pools L.L.C." <[email redacted]>

Hello, I have this Rough-in for next Tuesday. If I can get to it sooner, I will. Thanks,

of 2 9/12/2023, 3:27 PM Gmail - New Pool Electric for Jeff Hale @ 4244 E Caroline Lane, Gilbe... https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal P.S. I have Schilling's final electric for tomorrow. Please make sure equipment is on site. Also, I have Barkan/Arcadia Rough-in for Thursday. [Quoted text hidden] -- CASTHER ELECTRIC LLC ROC# 311594 Residential and Commercial Insured, Licensed and Bonded Office Phone: 480-565-0947 Cel: 480 593 6936

North Star Pools L.L.C. <[email redacted]> Tue, Apr 26, 2022 at 1:43 PM To: paul castañeda hernandez <[email redacted]>

Sounds good, thank you! [Quoted text hidden]

of 2 9/12/2023, 3:27 PM Gmail - New Pool Rough Electric for Hector Hernandez @ 1627 N. Fras... https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal

North Star Pools <[email redacted]>

New Pool Rough Electric for Hector Hernandez @ 1627 N. Fraser Dr. Mesa, AZ 85203 messages

North Star Pools L.L.C. <[email redacted]> Mon, Mar 20, 2023 at 3:39 PM To: paul castañeda hernandez <[email redacted]>

Dear Paul & Aldo,

Would you please schedule New Pool/Spa Rough Electric for the following residence?

Hector Hernandez 1627 N. Fraser Dr. Mesa, AZ 85203

Please see attached new pool plans and progress pics.

Pool has (4) MicroBrites (2) Intelliflo Pumps (1) Air Blower Master Temp propane Heater

This pool has Rebar and is ready at your earliest convenience.

Thank you Aldo!!

Marcy Snyder North Star Pools [email redacted] Office: 480-633-7035

attachments

Hernandez 3_20_2023 Plumbing under Pressure by Francisco -2.jpg 110K

NORTHSTAR HECTOR redraw 22d_001.pdf 539K HERNANDEZ Construction Plan 11x17_2023_02_14.pdf 799K

Casther Electric LLC <[email redacted]> Mon, Mar 20, 2023 at 4:56 PM To: "North Star Pools L.L.C." <[email redacted]>

of 2 9/12/2023, 11:36 AM Gmail - New Pool Rough Electric for Hector Hernandez @ 1627 N. Fras... https://mail.google.com/mail/u/0/?ik=ed50f51995&view=pt&search=al... Received 09/13/2023 ROC Legal

Hello, If all goes well tomorrow morning, we may be able to get to it tomorrow afternoon. If not possible, we will do it Wednesday for sure. Thanks, Aldo [Quoted text hidden] -- CASTHER ELECTRIC LLC ROC# 311594 Residential and Commercial Insured, Licensed and Bonded Office Phone: 480-565-0947

North Star Pools L.L.C. <[email redacted]> Mon, Mar 20, 2023 at 5:17 PM To: Casther Electric LLC <[email redacted]>

Thank you Aldo!! [Quoted text hidden] -- [Quoted text hidden]

of 2 9/12/2023, 11:36 AM Received 09/13/2023 ROC Legal

Date Work Date Work Work Job Requested Completed Completed

Barkan_Arcadia 6-Oct-22 14-Oct-22 Rough & Finish Hale April 18 2023 25-Apr-23 Rough & Finish

Don Carroll March 21 2022 1-Apr-22 Rough Only Hernandez 20-Mar-23 June 28 2023 Rough & Finish

Dennisport (Steve Miller) 9-May-23 16-May-23 Finish Only Barkan_Calle Ventura 16-May-23 17-May-23 Finish Only Glimcher 31-Oct-22 21-Mar-23 Rough & Finish Received 09/13/2023 ROC Legal

Casther Jandy Invoice NSP Job Notes Invoice or Re-Invoice

Work Order to Casther, Paid Casther $ 5,770.00 $ 5,770.00 WO to Cashter, Pd Casther 11,500.00 (Remaining Balance 11,180.00) $ 22,680.00 $ 11,180.00

WO to Casther, Invoiced by Jandy March 21, 2023 $ 4,395.00 WO to Casther, Invoiced by Jandy June 29, 2023 $ 7,940.00

WO to Casther~Invoiced by Cashter, NSP Paid Jandy $ 1,145.00 $ 1,145.00 WO to Casther ~Invoiced by Casther , NSP Paid Jandy $ 2,400.00 $ 2,400.00 WO to Casther ~ Invoiced by Casther, NSP Paid Jandy $ 5,155.00 $ 5,155.00 Received 09/13/2023 ROC Legal

Paid Casther Paid Jandy

$ 5,000.00 $ 11,500.00

Finished by Aaron Lee

$ 1,145.00 Rough-in by Aaron Lee $ 2,400.00 Rough In by Russell $ 5,155.00 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2023-09261 Jandy Electric LLC,

COMPLAINANT, v. CITATION North Star Pools LLC License No. ROC 302626,

RESPONDENT.

The Registrar issues this Citation to North Star Pools LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 7, 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 31, 2023, Jandy Electric LLC (“Complainant”) filed a written complaint with the Registrar against Respondent. 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 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 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 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. 2023-09261. 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 November 7, 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 October 23, 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, October 23, 2023 to:

Respondent Certified Mail No: [number redacted]

North Star Pools LLC PO Box 7273 Mesa, AZ 85208 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: North Star Pools LLC PO Box 7273 Mesa, AZ 85208

Complainant Jandy Electric LLC 1221 East Almeria Road Phoenix, AZ 85006

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. 2023-09261 / EJ

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

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) North Star Pools LLC ROC 302626 Street Address City State Zip Code

Phone Number Email Address

INVOICE BILL TO INVOICE # 1003 Robert Kempton DATE 06/27/2023 North Star Pools DUE DATE 06/27/2023 TERMS Due on receipt

DESCRIPTION QTY RATE AMOUNT

PAYMENT 1,145.00 BALANCE DUE $0.00 Jandy Electric LLC ROC 345178 530 E McDowell Rd # 107-508 Phoenix, AZ 85004 US +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 1004 Robert Kempton DATE 06/27/2023 North Star Pools DUE DATE 06/27/2023 TERMS Due on receipt

DESCRIPTION QTY RATE AMOUNT

PAYMENT 2,400.00 BALANCE DUE $0.00 Jandy Electric LLC ROC 345178 530 E McDowell Rd # 107-508 Phoenix, AZ 85004 US +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 1009 Robert Kempton DATE 06/27/2023 North Star Pools DUE DATE 06/27/2023 TERMS Due on receipt

DESCRIPTION QTY RATE AMOUNT

Heater Wire Up (New price 100.00) 20.00 Discount 1 80.00 80.00 EMT Conduit Run at Equipment for Heater 10 10.00 100.00 EMT Run from IntelliCenter to Transformer 3 0.00 0.00 Payment - 4,900.00

PAYMENT 255.00 BALANCE DUE $0.00 Jandy Electric LLC ROC 345178 530 E McDowell Rd # 107-508 Phoenix, AZ 85004 US +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 1002 Robert Kempton DATE 06/27/2023 North Star Pools DUE DATE 06/27/2023 TERMS Due on receipt

DESCRIPTION QTY RATE AMOUNT

BALANCE DUE $5,770.00 Jandy Electric LLC ROC 345178 530 E McDowell Rd # 107-508 Phoenix, AZ 85004 US +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 1008 Robert Kempton DATE 06/27/2023 North Star Pools DUE DATE 06/27/2023 TERMS Due on receipt

DESCRIPTION QTY RATE AMOUNT

INVOICE BILL TO INVOICE # 1011 Robert Kempton DATE 06/29/2023 North Star Pools DUE DATE 06/29/2023 TERMS Due on receipt

DESCRIPTION QTY RATE AMOUNT

Caroll Residence: 2477 E Mountain Drive, Gilbert, AZ 85297

BALANCE DUE $4,395.00 Jandy Electric LLC ROC 345178 530 E McDowell Rd # 107-508 Phoenix, AZ 85004 US +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE # 1012 Robert Kempton DATE 06/29/2023 North Star Pools DUE DATE 06/29/2023 TERMS Due on receipt

DESCRIPTION QTY RATE AMOUNT

Extra Trip

BALANCE DUE $7,940.00 RECEIVED LEGAL 11/07/2023 Written Answer to Citation & Complaint Case No. 2023-09261

North Star Pools PO Box 7273 Mesa AZ 85216 November 7, 2023

Dear Arizona ROC, Re: Response to Citation No. 2023-09261 With Reference to the above-cited subject, North Star Pools hereby acknowledges owing the following invoices for services and materials rendered on our behalf, to our customers through Casther Electric ROC # 311594. 1. Casther Invoice #2217 $5,770.00, 2. Casther Invoice #2357 $11,180.00 3. WO to Casther, Invoiced by Jandy (Don Carroll Job) $3,295.00 4. WO to Casther, Invoiced by Jandy (Hernandez Job) $7,940.00 We contend that we owe Casther Electric the monies and not Jandy Electric based on the following criteria. 1. North Star Pools sent work request to Casther Electric 2. North Star Pools never sent a work request to Jandy Electric 3. Casther Electric paid for labor and materials used to complete North Star pools jobs. 4. Jandy Electric did not provide labor or materials for any of the jobs he invoiced us for. 5. Jandy Electric was not licensed until 2023-05-23 (after work in question was completed) We acknowledge that there was a point of confusion when Paul (Casther Electric) & Aldo (Jandy Electric) dissolved their partnership, and Aldo (Jandy Electric) informed us that he obtained our business in the settlement. He instructed us that all future work requests should be directed to Jandy Electric, and he started collecting on Casther Electric’s outstanding invoices. Aldo re- invoiced us under his new business name and logo. At that time, we operated under the belief that there had been an equitable separation between Casther and Jandy. Therefore, we paid Aldo on some of the invoices that should have been paid to Casther Electric. Invoices paid to Aldo (Jandy) under a false understanding, and misrepresentation of a new business relationship. 1. Casther Invoice #2376 $1,145.00 2. Casther Invoice # 2381 $2,400.00 3. Casther Invoice #2324 $5155.00 Subsequently, we learned that Paul (Casther Electric) did not transfer North Star Pools business relations to Aldo (Jandy Electric) as we had been led to believe. Paul (Casther) had intended to RECEIVED LEGAL 11/07/2023 Written Answer to Citation & Complaint Case No. 2023-09261

continue conducting business with North Star Pools and collect for services and materials his company provided for jobs as listed. We would also like to emphasize that the communication, particularly the text messages provided by Aldo as proof of our engagement with him, was based on our belief that he had the right to collect and engage business with us. When we discovered that this representation was not accurate, we ceased all communication with Aldo (Jandy Electric). We would like to underscore that North Star Pools has found itself entangled in the middle of Casther and Jandy’s partnership problems, which are unrelated to North Star Pools. The confusion and payment discrepancies arose from circumstances beyond our control, and our aim is to rectify the situation all the while maintaining good business relationships and good standing with the ROC. Considering the circumstances outlined above, we respectfully request the dismissal of Citation No. 2023-09261, with the understanding that the monies due will be paid to Casther Electric promptly, in line with our commitment to resolving this matter amicably.

Respectfully, Robert Kempton North Star Pools 480.215.8889 Cell 480.633.7035 Office RECEIVED LEGAL 11/07/2023

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case No. 2023-09261 message

North Star Pools L.L.C. <[email redacted]> Tue, Nov 7, 2023 at 11:34 AM To: [email redacted]

Dear AZ ROC,

Please find attached written answer to citation/case no. 2023-09261

Sincerely, Marcy Snyder North Star Pools ROC # 302626 [email redacted] Office: 480-633-7035

Written Answer to Citation Case No 2023-09261 2023-11-07 CP .docx 20K REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Jandy Electric LLC, Case No. 2023-09261 COMPLAINANT, v. North Star Pools LLC ORDER DENYING REQUEST TO License No. ROC 302626, DISMISS RESPONDENT.

BACKGROUND On October 23, 2023, the Registrar issued a citation against Respondent’s License No. ROC 302626. Respondent filed its Answer on November 7, 2023. The Answer included a request to dismiss the citation and close the complaint. In the Answer, Respondent acknowledges that it owes money on invoices, however, it argues that it owes money to Casther Electric, license number 311594, not Jandy Electric LLC. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. Respondent argues that it does not owe money to Complainant, however, Complainant disagrees and Respondent has not provided sufficient evidence to dismiss. Therefore, because there are genuine factual disputes between the parties, the issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to // // //

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated November 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 November 16, 2023 to: Respondent(s) North Star Pools LLC PO Box 7273 Mesa, AZ 85216 Complainant(s) Jandy Electric LLC 1221 East Almeria Road Phoenix, AZ 85006 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. 2023-09261/ SA

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 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