2023A-09553-CHC-ROC Notice of Hearing and Packet MAILED

2023A-09553-CHC-ROC · Registrar of Contractors · 2023-10-31

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Dale DuBois , Case No. 2023-09553 COMPLAINANT, Docket No. 2023A-09553-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Creative Outdoor LLC License No. ROC 183054,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 11, 2023 1:00 PM Amy Haley 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 15, 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)(2)(b)

Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

THE PARTIES TO THE ADMINISTRATIVE HEARING

Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

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

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

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION

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

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated October 31, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 31, 2023 to:

Respondent(s) Creative Outdoor LLC PO Box 10095 Prescott, AZ 86304 Travis B. Hill, Esq. 7955 S Priest Dr Tempe, AZ 85284

Complainant(s) Dale DuBois 24605 N. Feather Mountain Road Paulden, AZ 86334

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. 2023-09553 /

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

O'CONNOR & DYET A Professional Corporation Attorneys Licensed In Multiple Jurisdictions

August 31, 2023 Writer’s Contact Information [email redacted] 602.241.7011 VIA E-MAIL Arizona Registrar of Contractors Attn: Jim Dimond 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007 [email redacted]

Arizona Registrar of Contractors Attn: Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007 [email redacted]

RE: DuBois v. Creative Outdoor, LLC Complaint No. 2023-09553

Dear Registrar and Inspector Dimond:

This firm is legal counsel for Creative Outdoor, LLC (hereinafter, “Creative Outdoor”). This letter is written in response to the new complaint recently filed by Mr. and Mrs. DuBois (hereinafter “DuBois”). On behalf of Creative Outdoor, we respectfully request summary dismissal of the complaint for reasons set forth herein.

The allegation in the new complaint about a gas pipe which was placed underneath the patio pavers to the firepit was part of the landscaping project which formed the basis for the original complaint filed by DuBois with the Registrar in August 2022. See Case No. 2022A-07361- CHC-ROC. In that original complaint, DuBois listed numerous items from the project which were allegedly deficient. After investigation (which determined most of the items were unverified or did not require corrective work), and after Creative Outdoor performed additional work and subsequent site inspections, a citation was issued related to a few minor issues (e.g., removal of a dirt pile and debris). The matter went to a hearing on July 28, 2023 with the Office of

7955 South Priest Drive, Tempe, Arizona 85284 •Telephone 602.241.7000 •Facsimile 602.241.7039 Web address www.occlaw.com August 31, 2023 Page 2

Administrative Hearings. On August 17, 2023, a decision of the administrative law judge was issued (hereinafter, the “Decision”). On August 23, 2023, Creative Outdoor accepted the Decision and served notice of said acceptance in accordance with Arizona law.

Apparently unsatisfied with the Decision, DuBois filed this new complaint on August 23, 2023 -- the same day Creative Outdoor filed acceptance. If DuBois is aggrieved by the Decision, they should file an appeal pursuant to A.R.S. § 12-904. Instead, they seek to further harass Creative Outdoors and to relitigate matters which have been, or could and should have been, decided as part of the original complaint.

Under Arizona law, the doctrine of res judicata is that a final judgment rendered upon the merits is conclusive as to every point decided therein and also as to every point which could have been decided”. Hoff v. City of Mesa, 86 Ariz. 259, 261, 344 P. 2d 1013, 1014 (1959) (emphasis added). Accordingly, res judicata prevents subsequent litigation not only upon facts actually litigated but also upon those claims which “might have been litigated”. Pettit v. Pettit, 218 Ariz. 529, 532, 189 P. 3d 1102, 1104 (2008) (emphasis added); Hall v. Lalli, 191 Ariz. 104, 106, 952 P. 2d 748, 750 (App. 1997); W. Cable v. Indus. Comm’n, 144 Ariz. 514, 518, 698 P. 2d 759, 763 (App. 1985). This broadly preclusive effect aligns with the purpose of res judicata which is to promote finality in litigation, prevent harassment, and serve judicial economy. Circle K Corp. v. Indus. Comm’n of Ariz., 179 Ariz. 422, 426, 880 P. 2d 642, 646 (App. 1993). Moreover, res judicata fully applies to administrative decisions, including matters before the Registrar. Cambell v. Superior Court, 18 Ariz. App. 287 (1972); Yavapai County v. Wilkinson, 111 Ariz. 530 (1975); Better Homes Construction v. Goldwater, 203 Ariz. 295, (App. 2002).

The new complaint filed by DuBois should be summarily dismissed. The alleged issue could and should have been addressed as part of the original complaint. It cannot be adjudicated now regardless of the reason for the untimely nature of its presentation. Certainly, DuBois’ grievance with the Decision is no justifiable reason even were motive relevant. Res judicata fully applies and the Decision cannot be collaterally attacked by the DuBois’ effort to try and find a supposedly new grievance arising out of the same project. If such were allowed, Creative Outdoor and other licensed contractors could be harassed in perpetuity. Moreover, the Registrar’s and the parties’ resources would be wasted on matters which could and should have been addressed the first time around. This is precisely what res judicata prevents and, again, it applies fully to administrative law and decisions. Id.

To the extent the allegation of DuBois’ new complaint needs to be addressed on the merits, the gas line runs to the firepit (which sits atop the patio pavers) and was stubbed out to the house for future connection, if desired, by a contractor licensed to do so. DuBois knew Creative Outdoor would not connect the gas supply because it is not licensed to do such work. The line obviously needed to be installed before the patio pavers were laid and the fire pit was constructed. Otherwise, future work to install the line would be difficult, if not impossible, and August 31, 2023 Page 3

expensive. The work performed by Creative Outdoor was not outside the scope of its license and no permit or inspection was required. The allegations of the new Complaint are without merit even assuming res judicata did not bar the claim.

For the foregoing reasons, Creative Outdoor respectfully asks the Registrar to summarily dismiss the new complaint filed by DuBois.

Kindest regards,

O’CONNOR & DYET

Travis Hill TH/tlg

cc: Dale DuBois [email redacted] Creative Outdoor, LLC [email redacted] (Page 135 of 150) LEGAL RECEIVED 09/05/2023

CONTRACT BETWEEN OWNERS AND CONTRACTOR 1. This Contract is between Dale & Theresa Dubois ("Owners") and Creative Outdoors, LLC, an Arizona limited liability company ("Contractor") for the performance of work at Owner's real property located at 24605 N. Feather Mountain Road Paulden, AZ 86334.

2. Scope of the Work: Contractor will furnish all labor, equipment and materials described on Exhibit A attached hereto and incorporated by reference. Any fees and approval by an HOA, Permits, or blue stake, for completion of contracted work are the responsibility of the homeowner. The labor, equipment and materials described on Exhibit A shall hereinafter be referred to as the Project. Exhibit A is Estimate #4255.

3. Contract Documents: This Contract and any written amendments signed by the Owner and Contractor shall constitute the entirety of the contract documents (collectively, the "Contract Documents.).

4. Contract Price and Payment: For alI services performed by Contractor, Owner will pay Contractor all verbal and written change orders including the original contract price of $52,242.02 ("Contract Price"). Owner will pay Contractor fifty percent (50%) of the Contract Price ("Down Payment") which shall be deducted from the final payment of the Contract Price. Contractor will not place an order to purchase any materials or supplies described on Exhibit A until the Down Payment is received and has cleared Owner's financial institution so that funds are available to Contractor. Upon half- completion of the Project, Contractor shall submit an invoice for twenty five percent (25%) of the Contract Price ("Progress Payment"). Upon completion of the Project, the contractor shall submit an invoice for the balance of the unpaid Contract Price plus any additional charges (i.e., change orders or extras) for work performed beyond originals scope of work contracted that being ("Final Invoice"). Upon completion the Owner shall pay Contractor the amount of the Final Invoice, and if not timely paid, the balance shown on the Final Invoice shall bear interest at the rate of twenty-three percent (23%) per annum, which shall begin to accrue five (5) days after the date of the Final Invoice. If Owner does not timely pay the Down Payment, this Contract may be terminated at the option of the Contractor and Owner shall have no claim for compensation or damages against Contractor. In the event that Contractor encounters adverse concealed conditions that could not reasonably have been anticipated, the Contract

Initial;r7)\ (Page 136 of 150) LEGAL RECEIVED 09/05/2023

Price will be equitably adjusted, and the cost of dealing with such unanticipated conditions will become a part of the Contract Price. We do not accept credit cards.

5. Scheduling: Scheduling dates are tentative and only serve as an approximation of the start date, which is subject to change especially due to rain and other weather conditions. Contractor reserves the right to push back start date due to unforeseen complications. Owner acknowledges that scheduling is affected by many factors that are not under control of Contractor. Contractor is not responsible for any start date or project delays due to interruptions, equipment failures, or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, tire, acts of government, or other events outside of the reasonable control of the parties.

6. Paver Style and Color: Belgard Cambridge Cobble. Color to be determined

7. Demolition of Concrete: N/A

8. Cleanup: Contractor will attempt to keep the Project in a neat & clean condition.

9. Mediation: Any dispute arising out of or related to the performance of the work or the interpretation of the Contract Documents, shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. The mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. unless the parties agree otherwise. Request for mediation shall be filed in writing with the other party. If any party refuses or neglects to appear at or participate in such mediation proceedings, the mediator is empowered to decide the controversy in accordance with the evidence present by the party who participates. The mediator is authorized to award any party such sums as the mediator may consider proper for the time and expense of mediation, including mediator fees and attorneys' fees. Mediation shall be held in Yavapai County, Arizona. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Please feel free to contact us via email anytime during your project at: [email redacted].

10. Successors and Assigns: This Contract is binding upon and inures to the benefit of the parties, their heirs, successors, beneficiaries, and assigns, This Contract may not be assigned by either party without the written consent of the other party.

Initials -T:6 / 2 (Page 137 of 150) LEGAL RECEIVED 09/05/2023

11. Warranty: Contractor warrants that all materials shall be free of defects for a period of one (1) year after the substantial completion of the Project and that all workmanship shall be free of defects for a period of two (2) years after the substantial completion of the Project. Creative Outdoors, LLC is not liable for any of the following issues pertaining to our products such as walls, block, bricks, wall caps, edgers, pavers, etc. that may arise: animal destruction such as those caused by gophers, or any other critter; oil stains; marks or stains of any sort that come from a foreign substance, this includes but it is not limited to issues such as pool chemicals, barbeque and grill spills or grease or residues, lawn chemicals and any other substance that could cause staining, marks, etching or discolorations; scratches of any sort; tire marks such as black tire marks caused by drivers who use the paver surface to turn around; damages incurred to the paver by a vehicle driving off the edge of any pavers or their border; damages or marks, or stains, or scratches, or any marring of the surface caused by individuals working at the job site such as contractors, sub-contractors, tradesmen, guests, delivery services, neighbors, heavy equipment of all kinds and the like. This warranty is void as to plants, but a plant warranty is offered at addition cost. The plant warranty will cover the replacement of each tree and or plant one time only. This warranty is void as to materials if the materials installed by Contractor have physical damage. a. Plant warranty:

elect to purchase the one-year plant warranty at an additional cost of: N/A (Initial here) elect NOT to purchase the plant warranty. N/A (Initial here)

12. Termination: If, through no act or fault of the Contractor, repeated suspensions, delays or interruptions of the entire Project by the Owner constitutes in the aggregate more than twenty- one (21) days, the Contractor may terminate the Contract, Contractor shall retain the Down Payment and the Owner shall pay, upon receipt of written notice by Contractor of the amount due, the remaining balance of the Contract Price. limited to the amount of the supplies and material purchased for the Project but not yet installed at the Project, and Owner shall have no claim for compensation or damages against Contractor.

13. No Other Agreement: This Contract, with the Contract Documents incorporated herein, is the entire agreement between the parties. No oral or written communications or negotiations that

Initials f 3 2023 9/5/23, 2:18 PM State of Arizona Mail - Complaint 2023-09553LEGAL RECEIVED 09/05/2023

OAH Electronic Documents - AZROC <[email redacted]>

Complaint 2023-09553 messages

Travis Hill <[email redacted]> Tue, Sep 5, 2023 at 1:30 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Denise Zborower <[email redacted]>, Tiffany Gill <[email redacted]>, Dale DuBois <[email redacted]>

Dear Registrar and Inspector Dimond,

In addition to the response letter sent last week, please see attached Contract, i.e., same contract entered as exhibit at hearing on July 28, 2023. Section 2 excludes permits. Moreover, Mr. and Mrs. DuBois were referred to SPE Systems, Inc., a licensed gas/plumbing contractor, by Creative Outdoors from the outset.

NOTICE: This electronic mail message (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be a legally privileged documet. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited by law. Please reply to the sender that you have received the message in error, or please call the sender at (602) 241-7000 and then delete this email from your system. Thank you.

1. Contract.pdf 392K

James Dimond <[email redacted]> Tue, Sep 5, 2023 at 1:34 PM To: Travis Hill <[email redacted]> Cc: "[email redacted]" <[email redacted]>, Denise Zborower <[email redacted]>, Tiffany Gill <[email redacted]>, Dale DuBois <[email redacted]>

Received, thank you.

Jim Dimond #170, Investigator 1700 W. Washington St., Suite 105/Yavapai County Phoenix, Arizona, 85007 Agency Phone: (602)542-1525 https://mail.google.com/mail/b/AEoRXRTVr7gQE0ko3dNssI_1Z7296JVuFbK1TESEAR8LyItf0ZHO/u/0/?ik=1a356ffe08&view=pt&search=all&permthid… 1/2 9/5/23, 2:18 PM State of Arizona Mail - Complaint 2023-09553LEGAL RECEIVED 09/05/2023

Office: (928)637-1463 Cell: (623)680-9585 Fax: (602)542-3919 Email: [email redacted] Hours: Mon. – Fri 0800-1700 The ROC is now on social media! Make sure to follow us on

Image result for arizona registrar of contractors seal ROC Logo/ To ROC Home Page ROC Investigator Badge/ Link to Investigations menu cid:[email protected] cid:[email protected]

It is too late, when told to evacuate! BE FIREWISE!!! : www.regionalinfo-alert.org

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

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3. Contract Documents: This Contract and any written amendments signed by the Owner and Contractor shall constitute the entirety of the contract documents (collectively, the "Contract Documents.).

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Price will be equitably adjusted, and the cost of dealing with such unanticipated conditions will become a part of the Contract Price. We do not accept credit cards.

6. Paver Style and Color: Belgard Cambridge Cobble. Color to be determined

7. Demolition of Concrete: N/A

8. Cleanup: Contractor will attempt to keep the Project in a neat & clean condition.

Initials -T:6 / 2 (Page 137 of 150)

elect to purchase the one-year plant warranty at an additional cost of: N/A (Initial here) elect NOT to purchase the plant warranty. N/A (Initial here)

13. No Other Agreement: This Contract, with the Contract Documents incorporated herein, is the entire agreement between the parties. No oral or written communications or negotiations that

Initials f 3 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Dale DuBois Case No. 2023-09553 COMPLAINANT, v. Creative Outdoor LLC CITATION License No. ROC 183054,

RESPONDENT.

The Registrar issues this Citation to Creative Outdoor LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 30, 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 17, 2023, Dale DuBois (“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:

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 Lg101 8/21 Charge 1: A.R.S. § 32-1154(A)(2)(b) Departure from or disregard of: (b)A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Charge 2: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. 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. 2023-09553. 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 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 Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 30, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(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). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. 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 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 Lg101 8/21 writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(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 15, 2023. By: /s/ Dylan Warwick Dylan Warwick 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 Lg101 8/21 Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 15, 2023 to: Respondent Certified Mail No: [number redacted] Creative Outdoor LLC PO Box 10095 Prescott, AZ 86304

Copy mailed by USPS First Class mail this same date to:

Creative Outdoor LLC PO Box 10095 Prescott, AZ 86304 Travis B. Hill, Esq. 7955 S Priest Dr Tempe, AZ 85284

Complainant Dale DuBois 24605 N. Feather Mountain Road Paulden, AZ 86334

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-09553 / <<CreatedBy_DW>

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 Lg101 8/21 Received 09/21/2023 ROC Legal

Shane P. Dyet, Bar No. 024627 Travis B. Hill, Bar No. 021133 O’CONNOR & DYET, P.C. 7955 South Priest Drive Tempe, Arizona 85284 Tel: (602) 241-7000 [email redacted] [email redacted] Attorneys for Respondent

REGISTRAR OF CONTRATORS OF THE STATE OF ARIZONA Dale DuBois, Case No.: 2023-09553

Complainant, RESPONDENT’S ANSWER TO vs. CITATION AND MOTION TO DISMISS Creative Outdoor, LLC License No. ROC 183054,

Respondent.

Respondent Creative Outdoors, LLC (hereinafter, “Respondent”), by and through undersigned counsel, hereby submits its Answer to the above-referenced Citation and hereby moves for summary dismissal of the Citation. ANSWER The Complaint is based upon an allegation “no permit was obtained” in reference to a gas line to an outdoor firepit. See Complaint. The “Scope of the Work” under Section 2 of the parties’ Contract expressly states “[a]ny fees and approval by an HOA, Permits , or blue stake, for completion of contracted work are the responsibility of the homeowner.” See Contract attached to Citation, Section 2 (emphasis added). Accordingly, permits were specifically excluded from the scope of Respondent’s work on this project. Moreover, not only was it Received 09/21/2023 ROC Legal

excluded, Complainant expressly acknowledged responsibility for obtaining any necessary permits. Charge 1 of the Citation is based upon “departure from or disregard of a building code.” The specific building code at issue is not cited. However, inasmuch as the Complaint is based on Respondent’s alleged failure to obtain a permit, the applicable building code presumably relates to circumstances for which a permit is required. Here, Respondent had no obligation to obtain any permit as expressly agreed by the parties in the Contract. As such, Charge 1 of the Citation is without merit. Charge 2 of the Citation is based upon failure to “perform work in a professional and workmanlike manner.” The “work” is not specified and there is no description of what was “unworkmanlike” about it. Nor was an investigation conducted by the Registrar (i.e., site inspection) to Respondent’s knowledge. Again, because the Complaint is limited to the issue about the permit, Respondent presumes the “work” at issue is the alleged obligation to obtain a permit. Charge 2 is without merit because Respondent had no such obligation. Finally, the firepit was constructed as a wood-burning fire pit. Respondent did not contract with Complainant to build them a gas-burning fire pit. Without any charge to Complainant, Respondent installed a sleeve under the patio pavers for a gas line to the fire pit (and stubbed out to the house) so that it might be possible to convert the firepit to gas if that is something Complainant desired in the future. This work was gratuitous and, again, not part of the Contract. 1 The implicit allegation by Complainant is that he did not receive a gas- burning fire pit. Ignored, however, is that Complainant received what he contracted for, i.e., a wood-burning fire pit. Respondent had no obligation, contractual or otherwise, to gratuitously install the sleeve and to the extent permits are required to convert to gas, such obligation is and has always been Complainant’s – not Respondent’s.

It should be further noted that Complainant failed or refused to pay over $20,000 owed to Respondent and said amount represents nearly 40% of the subject project. Received 09/21/2023 ROC Legal

MOTION TO DISMISS Respondent respectfully requests summary dismissal of the Citation for reasons set forth below. I. Res Judicata Bars this Action This is the second time Complainant has filed a Registrar complaint against Respondent concerning this same project. In fact, this Complaint was filed immediately after the Decision by the Administrative Law Judge was issued in the original case on August 17, 2023, and the Decision was accepted by Respondent on August 23, 2023. See Case No. 2022A- 07361-CHC-ROC. In the original complaint, Complainant set forth a veritable “laundry-list” containing approximately 30 items alleged to be defective (the vast majority of which were determined to be without merit). After inspections, site visits, and corrective work, the matter went to an Evidentiary Hearing on July 28, 2023 concerning an extremely minor issue (e.g., removal of a pile of dirt/debris). The Decision was issued, Respondent was ordered to pay $100 and serve a one (1) day suspension, and Respondent accepted the Decision to bring finality to the matter. Filing another Registrar complaint against the same contractor arising out of the same completed project after the initial Registrar action is fully adjudicated is not permitted under well settled Arizona law. Complainants are not permitted a “second bite” at the “same apple.” The doctrine of res judicata is that a final decision rendered upon the merits is conclusive as to every point decided therein and also as to every point which could have been decided ”. Hoff v. City of Mesa, 86 Ariz. 259, 261 (1959) (emphasis added). Res judicata prevents subsequent litigation not only upon facts actually litigated but also upon those claims which “might have been litigated .” Pettit v. Pettit, 218 Ariz. 529, 532 (2008) (emphasis added); Hall v. Lalli, 191 Ariz. 104, 106 (App. 1997); W. Cable v. Indus. Comm’n, 144 Ariz. 514, 518 (App. 1985). The purpose of res judicata is to promote finality in litigation, prevent harassment, and serve judicial economy . Circle K Corp. v. Indus. Comm’n of Ariz., 179 Ariz. 422, 426 (App. 1993). Received 09/21/2023 ROC Legal

Moreover, res judicata fully applies to administrative decisions , including matters before the Registrar. Cambell v. Superior Court, 18 Ariz. App. 287 (1972); Yavapai County v. Wilkinson, 111 Ariz. 530 (1975); Better Homes Construction v. Goldwater, 203 Ariz. 295 (App. 2002). When Complainant filed the original Registrar action, it was his duty and obligation as the prosecuting party to come forward and present all matters to the Registrar which he believed warranted discipline against Respondent. As a matter of law, Complainants are not permitted to file a Registrar complaint listing approximately thirty (30) alleged defects, take the case to an Evidentiary Hearing, and then, after the Decision is handed down, turn around and file another action claiming they forgot or failed to raise other issues. Res judicata fully applies to the Decision rendered by the Office of Administrative Hearings on August 17, 2023. It brought finality to this matter between Complainant, Respondent, and the Registrar, including every possible issue of dispute under this contract/project, whether raised by Complainant or not. To reject this fundamental principle of law is to invite endless complaints, to facilitate potential harassment of contractors, and to waste the Registrar and Office of Administrative Hearing’s resources. II. Dismissal is Warranted under A.R.S. § 32-1155(D) A.R.S. § 32-1155(D)(1) provides that “[t]he registrar may not issue a citation for failure to perform work in a professional and workmanlike manner or in accordance with any applicable building codes and professional industry standards” if “[t]he contractor is not provided an opportunity to inspect the work within 15 days after receiving written notice from the registrar.” In this case, notice of the filing of the Complaint was given to Respondent by the Registrar on August 23, 2023. The Citation was issued on September 15, 2023. At no time between August 23, 2023 and September 15, 2023 did the Registrar provide written notice to Respondent of an opportunity to inspect the work. If the Registrar conducted any inspection, Received 09/21/2023 ROC Legal

no notice and opportunity to attend was given to Respondent. Accordingly, as a matter of law, the Citation must be dismissed in accordance with A.R.S. § 32-1155(D)(1). III. Conclusion For the foregoing reasons, Respondent respectfully requests that the Citation be dismissed with prejudice. Dated: September 21, 2023.

O’CONNOR & DYET, P.C.

By: /s/ Travis B. Hill Shane P. Dyet Travis B. Hill Attorneys for Respondent

Emailed on September 21, 2023 to:

Dale DuBois 24605 N. Feather Mountain Road Paulden, AZ 86334 [email redacted] Complainant

Arizona Registrar of Contractors Attn: Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007 [email redacted]

Dylan Warwick Arizona Registrar of Contractors 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007 [email redacted]

By: /s/ D. Zborower Received 9/21/23, 2:42 PM State of Arizona Mail - DuBois v. Creative Outdoor, LLC - Case No. 2023-0955309/21/2023 ROC Legal

Answers - AZROC <[email redacted]>

DuBois v. Creative Outdoor, LLC - Case No. 2023-09553 message

Denise Zborower <[email redacted]> Thu, Sep 21, 2023 at 10:29 AM To: "[email redacted]" <[email redacted]> Cc: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]>, Travis Hill <[email redacted]>, Tiffany Gill <[email redacted]>

Good morning,

Please see attached for filing Respondent’s Answer to Citation and Motion to Dismiss. Thank you.

NOTICE: This electronic mail message (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be a legally privileged document. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited by law. Please reply to the sender that you have received the message in error, or please call the sender at (602) 241-7000 and then delete this email from your system. Thank you.

Answer and MTD re 2nd Complaint 23-09-21.pdf 135K

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

Dale DuBois, Case No. 2023-09553 COMPLAINANT, v. ORDER DENYING REPONDENT’S Creative Outdoor LLC MOTION TO DISMISS License No. ROC 183054,

RESPONDENT. BACKGROUND On September 15, 2023, the Registrar issued a citation against Respondent’s License No. ROC 183054. Respondent filed its Answer on September 21, 2023. The Answer included a motion for summary dismissal of the citation. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. 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 dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated October 20, 2023. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 20, 2023 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 Respondent(s) Creative Outdoor LLC PO Box 10095 Prescott, AZ 86304 Respondent’s Attorney Travis B. Hill, Esq. O’Conner & Dyet PC 7955 S Priest Dr Tempe, AZ 85284 Complainant Dale DuBois 24605 N. Feather Mountain Road Paulden, AZ 86334 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Case No. 2023-09553/ tq

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