2023A-09267-NPC-ROC Notice of Hearing and Packet MAILED

2023A-09267-NPC-ROC · Registrar of Contractors · 2023-10-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Sunstate Equipment Company, LLC, Case No. 2023-09267 COMPLAINANT, Docket No. 2023A-09267-NPC-ROC v. NOTICE OF HEARING ON KYBA Building Group LLC CONTESTED CASE License No. ROC 298917,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: November 7, 2023 9:00 AM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

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

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

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

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

complaint and citation, which were served on the Respondent on September 5, 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 September 28, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 28, 2023 to: Respondent(s) KYBA Building Group LLC 2915 N 47th Place Phoenix, AZ 85018 Complainant(s) Sunstate Equipment Company, LLC 5552 E Washington St Phoenix, AZ 85034 Edward J. Marko, Esq. 14820 N Cave Creek Rd Ste 6 Phoenix, AZ 85032

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. 2023-09267 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 August 17, 2023

Via U.S. Mail and Email

Complainant Sunstate Equipment Company, LLC 5552 E Washington St Phoenix, AZ 85034

Complainant Attorney Edward J. Marko, Esq. Marko Law PLLC 14820 N Cave Creek Rd., Ste. 6 Phoenix, AZ 85032

Respondent KYBA Building Group LLC 2915 N 47th Place Phoenix, AZ 85018

Re: Complaint No. 2023-09267

Dear Complainant and Respondent:

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

Please note, after review of the supporting documentation, it was noted that there appear to be three invoices which are no longer in the Registrar’s two year jurisdiction and will not be considered as part of the Registrar’s review process, which will reduce the principal amount due. The invoices are listed below:

Invoice # 8932806-001, $2,465.57 - 8/6/2021 Invoice # 8938700-001, $599.78 - 8/9/2021 Invoice # 8939632-001, $722.79 - 8/9/2021

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by August 24, 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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Email: [email redacted]

The Registrar will not issue a citation before August 24, 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/ 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 by Investigations 08/11/2023 2023-09267

Instructions • Complete the entire complaint form. Incomplete or unsigned forms may be returned to you, which will delay the complaint process. • Attach copies of documents and information as listed in the checklist below with your complaint form. Include copies of permits, invoices, advertisements, business cards and receipts. Do not send originals as they will not be returned to you. • Do not attach the following information or documentation with your complaint:  Photos (this includes photos stored on a disk or flash drive)  Sets of plans, specifications, drawings, sketches, etc.  Samples (such as flooring, brick, paint, roofing, landscape rock, etc.)

Checklist 1) Contract a) For written contracts, provide a copy of the original construction contract signed (by both parties) including all addenda and change orders. If the only written documents describing the contract are a proposal, bid, or invoice, please follow the instructions in b) for “if no written contract.” b) If no written contract, provide a written statement describing the agreement that includes the following information: i) The reason a written contract is not being provided (e.g. the contractor did not provide a written contract, the contract is lost, the contract was destroyed); ii) A description of any written documents used to describe the contract, e.g. bids, proposals, invoices, receipts. (If you have copies of any of these documents, please provide them with the Complaint Form.); iii) A description of the work to be performed under the contract (including any addenda or change orders); iv) The names of the people who negotiated the contract; v) The agreed upon payment schedule; vi) An explanation of who was to receive payment; and vii) The date the work was to be completed. c) For complaints of non-payment between contractors, vendors, or material suppliers, provide a copy of: i) The credit applications. Redact all SSN and/or EIN information. ii) Invoices for services rendered and/or materials delivered. 2) Proof of Debt(s); Acceptable forms of proof of debt are copies of: a) Invoices. b) Contracts. c) Promissory notes. d) Other negotiable instruments. Received by Investigations 08/11/2023 2023-09267

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) Sunstate Equipment Street Address City State Zip Code 5552 W Washington Phoenix AZ 85034 Phone Number Email Address 602-683-2307 [email redacted] I consent to receive communications electronically in connection with this case. Yes ☐ No ☐

Name of Attorney (if any) Edward J Marko Attorney’s Street Address City State Zip Code 14820 N Cave Creek Rd #6 Phoenix AZ 85308 Attorney’s Phone Number Attorney’s Email Address 602-866-8187 c/o [email redacted] Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) KYBA Building Group LLC 298917 Street Address City State Zip Code 727 E Portland #22 Phoenix AZ 85006 Phone Number Email Address 623-237-1844 Name of Person(s) Representing License Oscar Hugo Galindo Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $17,867.17 open Have you filed a civil complaint? Yes ☐ (If yes, provide a copy of the civil judgment) No ☐ yes List all specific invoices which have not been paid. Attach additional pages if necessary. 1. Copy of the Contract 2. Statement of Account 3. Copy of Judgment 4.

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 Melissa Huysentruyt 8-4-2023 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 Melissa Huysentruyt 8-4-2023 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 8/25/23, 11:15 AM State of Arizona Mail - Complaint No. 2023-09267

Legal New Mail - AZROC <[email redacted]>

Complaint No. 2023-09267 message

oscar galindo <[email redacted]> Thu, Aug 24, 2023 at 3:30 PM To: Legal New Mail - AZROC <[email redacted]>

All orders that were placed on my account should have been authorized by myself only as I am the only person authorized to charge an account.

Oscar Galindo | President | Kyba Building Group LLC

2915 N 47th Place Phoenix, AZ 85018

[email redacted] | P .623.237.1844

https://mail.google.com/mail/b/AEoRXRSYuclOwdT4WLA4OPDz_t-zwOh1Vt2cyKuKIoc8UWA-S-MT/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2023-09267 Sunstate Equipment Company, LLC,

COMPLAINANT, v. CITATION KYBA Building Group LLC License No. ROC 298917,

RESPONDENT.

The Registrar issues this Citation to KYBA Building Group LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 20, 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 11, 2023, Sunstate Equipment Company, 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. 2023-09267. 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 20, 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 5, 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 5, 2023 to:

Respondent Certified Mail No: [number redacted]

KYBA Building Group LLC 2915 N 47th Place Phoenix, AZ 85018 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 KYBA Building Group LLC 2915 N 47th Place Phoenix, AZ 85018 Complainant Sunstate Equipment Company, LLC 5552 E Washington St Phoenix, AZ 85034 Complainant Attorney Edward J. Marko, Esq. Marko Law PLLC 14820 N Cave Creek Rd., Ste. 6 Phoenix, AZ 85032 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. 2023-09267/tq

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 17, 2023

Via U.S. Mail and Email

Complainant Sunstate Equipment Company, LLC 5552 E Washington St Phoenix, AZ 85034

Complainant Attorney Edward J. Marko, Esq. Marko Law PLLC 14820 N Cave Creek Rd., Ste. 6 Phoenix, AZ 85032

Respondent KYBA Building Group LLC 2915 N 47th Place Phoenix, AZ 85018

Re: Complaint No. 2023-09267

Dear Complainant and Respondent:

Invoice # 8932806-001, $2,465.57 - 8/6/2021 Invoice # 8938700-001, $599.78 - 8/9/2021 Invoice # 8939632-001, $722.79 - 8/9/2021

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Email: [email redacted]

The Registrar will not issue a citation before August 24, 2023 and will review Respondent’s response, if one is submitted.

Sincerely,

/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 by Investigations 08/11/2023 2023-09267

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 Melissa Huysentruyt 8-4-2023 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 Melissa Huysentruyt 8-4-2023 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 Received by Investigations 08/11/2023 2023-09267 9/21/23, 8:19 AM State of Arizona Mail - RE: 2022A-08961-NPC-ROC Sunstate Equipment Co., LLC v. KYBA Building Group LLC& Case#2023-09267

Answers - AZROC <[email redacted]>

RE: 2022A-08961-NPC-ROC Sunstate Equipment Co., LLC v. KYBA Building Group LLC& Case#2023-09267 message

Oscar Galindo <[email redacted]> Wed, Sep 20, 2023 at 4:34 PM To: OAH <[email redacted]>, "[email redacted]" <[email redacted]>

I was under the assumption that this complaint was dropped, and the judge vacated the hearing if this case is brought up a second time then I would like to Request an informal settlement conference but I am unaware if this complaint is Linked or connected to case number 2022A-0896 1

From: OAH <[email redacted]> Sent: Wednesday, January 4, 2023 2:14 PM To: [email redacted]; [email redacted]; [email redacted] Subject: 2022A-08961-NPC-ROC Sunstate Equipment Co., LLC v. KYBA Building Group LLC

This message is confidential and intended only for the named recipient(s). This message may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that reading, disseminating, distributing or copying this message is strictly prohibited. If you have received this message in error or are not the named recipient, please notify the sender by telephone, facsimile or e-mail and delete this message from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product or other applicable privilege. Attachments area

https://mail.google.com/mail/b/AEoRXRQHijrNJLh37ufY3ZOXt4DTRXaslUAAGdJWwPBF7W0egqkR/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Sunstate Equipment Company, LLC, Case No. 2023-09267

COMPLAINANT, v. KYBA Building Group LLC , NOTICE OF INFORMAL License No. ROC 298917, SETTLEMENT CONFERENCE

RESPONDENT.

On September 20, 2023 KYBA Building Group LLC requested for an informal settlement conference with the Registrar. Pursuant to A.R.S. § 41-1092.06, the Registrar scheduled that conference for: DATE & TIME: October 5, 2023 at 9:00 AM TELECONFERENCE Meeting ID INFORMATION: meet.google.com/vuv-epsr-fwh Phone Numbers +1 321-215-4303 PIN: 849 983 801# While Complainant is not required to attend the Settlement Conference, their participation

is strongly encouraged. The Registrar will not close or settle this Complaint without both

parties’ involvement. Statements, either written or oral, made at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B).

WAIVER: The parties must waive their right to object to the participation of the

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 Registrar’s settlement-conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). A waiver is attached; each party should bring a signed copy to the settlement conference. CONDUCTING THE SETTLEMENT CONFERENCE

The Registrar's settlement conference representative will not convene a settlement conference unless all parties are represented by a person who has authority to agree upon terms and conditions of settlement without consultation with persons or entities not present. The Registrar's representative will decide how a session proceeds, when to hold joint meetings

(with consent of the participants), and when to meet separately with the parties and their counsel. The parties attending the settlement conference must be prepared to discuss settlement options. Before the settlement conference, each party should consider under what conditions it

would settle. To the extent either party desires a financial settlement, the parties should obtain estimates or other information to facilitate settlement. The Registrar's representative acts as an impartial and neutral mediator and will not render legal advice to, or represent, any of the parties. The Registrar's representative may, as deemed

appropriate, provide evaluative comments regarding issues and merits of this dispute. The

Registrar's representative will encourage disclosure of information between the parties and will assist the parties in considering the benefits, risks, and alternatives available to them.

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 SETTLEMENT Unless the parties reach a mutual agreement, the settlement conference will conclude without a settlement. Should the parties reach agreement during the settlement conference, the Registrar's representative may offer a summary of the agreement to the parties for their joint

approval, but will not assist the parties in documenting the agreement. After the settlement conference ends, the parties should document their agreement and notify the Registrar. If a Notice of Hearing has been issued, the parties must also notify the assigned Administrative Law Judge at the Office of Administrative Hearings.

Dated September 21, 2023.

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

COPY mailed via USPS First Class mail September 21, 2023 to:

Respondent KYBA Building Group LLC 2915 N 47th Place Phoenix, AZ 85018

Complainant Sunstate Equipment Company, LLC 5552 E Washington St Phoenix, AZ 85034

Edward J. Marko, Esq. 14820 N Cave Creek Rd Ste 6 Phoenix, AZ 85032 of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 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. 2023-09267 /

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Sunstate Equipment Company, LLC, Case No. 2023-09267 COMPLAINANT,

v. WAIVER KYBA Building Group LLC License No. ROC 298917,

RESPONDENT.

Under 41-1092.06(B) I waive my right to object to the participation of the Registrar’s

settlement-conference representative in the final administrative decision. Further, I acknowledge that statements, either written or oral, made at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are

inadmissible in any subsequent administrative hearing.

_______________________ ________________________ ___________________ Printed Name Signature Date On behalf of: Respondent On behalf of: Complainant

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 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