2023A-09765-NPC-ROC Notice of Hearing and Packet MAILED

2023A-09765-NPC-ROC · Registrar of Contractors · 2023-11-08

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Lonestar Drywall LLC, Case No. 2023-09765 COMPLAINANT, Docket No. 2023A-09765-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Mark Benz Custom Building and Remodeling LLC License No. ROC 296616,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 28, 2023 9:00 AM 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 28, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(10)

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

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

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

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

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

1156(B).

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

any change of address within five (5) days of the change. A.R.S. § 41-1092.04. HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via

video conference or telephone unless requested by a party to appear in-person. Requests for

the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure

statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.

The party seeking a subpoena must serve notice on all the parties to the hearing, and on the

Registrar. A.R.S. § 41-1092.04.

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

disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

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

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’

web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties,

the party must file a written motion with the Office of Administrative Hearings, directed to the

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

The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.”

Dated November 8, 2023.

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

Copy mailed via USPS First Class mail November 8, 2023 to: Respondent(s) Mark Benz Custom Building and Remodeling LLC 14231 N 7th St Ste 2A Phoenix, AZ 85022

Logan Elia, Esq. 7144 E Stetson Dr Ste 300 Scottsdale, AZ 85251 Complainant(s) Lonestar Drywall LLC Po Box 1048 Litchfield Park, AZ 85340

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. 2023-09765 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

August 31, 2023

Via U.S. Mail and Email

Complainant Lonestar Drywall LLC Po Box 1048 Litchfield Park, AZ 85340

Via U.S. Mail and Email

Respondent Mark Benz Custom Building and Remodeling LLC 14231 N. 7th St. Ste. 2A Phoenix, AZ 85022

Re: Complaint No. 2023-09765

Dear Complainant and Respondent:

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

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by September 7, 2023. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

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

The Registrar will not issue a citation before September 7, 2023 and will review Respondent’s response, if one is submitted.

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

Sincerely,

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

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

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

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

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) ALDO RAMOS Street Address City State Zip Code 5528 N Laguna Dr Litchfield Park Arizona 85340 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Mark Benz Custom Building and Remodeling LLC ROC 296616 Street Address City State Zip Code 14231 N 7th St Ste 2A Phoenix AZ 85022 Phone Number Email Address

Name of Person(s) Representing License Mark C Benz Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $62,670.00 November 28, 2022 Have you filed a civil complaint?

List all specific invoices which have not been paid. Attach additional pages if necessary. INV0114; INV0092; INV0086

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 ALDO RAMOS 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 ALDO RAMOS CHANGE ORDER

Date: 6/8/2023 Owner: Contractor: MARK BENZ Project name: LANGER RESIDENCE Change order number 4 Original contract date: You are directed to make the following changes in this contract: PATCHES FROM ELECTRICAL REWORK AND AV ADJUSTMENTS

(AROUND 60 PATCHES)

The original contract sum was: $69,182.00 Net amount of previous change orders: $9,480.00 Total original contract amount plus or minus net change orders: $78,682.00 Total amount of this change order: $6,000.00 The new contract amount including this change order will be: $84,582.00 The contract time will be changed by the following number of days: ( 7 ) Days The date of completion as of the date of this change order is: 6/14/2023

SUBContractor CONTRACTOR LONESTAR DRYWALL ,LLC MARK BENZ Company Name Name

591 E PLAZA CIR, PO BOX 1048 925 W BECK LN Adress Adress

LITCHFIELD PARK ,AZ 85340 PHOENIX ,AZ 85023 City, state, zip City, state, zip

6/8/2023 6/8/2023 Date Date

aldo ramos Signature Signature LONEST ONESTAR AR DRYW DRYWALL ALL LL LLC C INV INVOICE OICE INV0086 Business Number ROC CR-10#328838 CR-7#337697 DATE 591 PLAZA CIRCLE,PO BOX 1688 Jan 30, 2023 LITCHFIELD PARK DUE 85340 On Receipt [number redacted] [email redacted] BAL BALANCE ANCE DUE USD $33,240.50

BILL T TO O

MARK BENZ CUST CUSTOM OM BUILDING & REMODELING LL LLC C 925 W BECK LINE PHOENIX ,AZ 85023 480-261-4442 [email redacted]

DESCRIPTION RA RATE TE QTY AMOUNT

DRYW DRYWALL ALL $33,350.00 1 $33,350.00 1.- hang 5\8'" type x gypsum board . 2.- hang 5\8" xp mold resistant gypsum board on wet areas. 3.- hang 5\8" densshield boar on tile areas. 4.- 3 coats of joint compound 4.- skim coat with red line texture. Level 5 Mud in recessed light, registers and door frames 5.- sanding with light 6.- caulking on angles. 7.- clean up. 8.- 1 time blue tape touch up. After primer (items or blue tape by General Contractor)

INSET BA BASEBO SEBOARD ARD INST INSTALL ALLAATION $6,340.00 1 $6,340.00 ABOUT 1268 LINEAR FEET

MATERIALS $15,000.00 1 $15,000.00

OVERHEAD 10% $5,469.00 1 $5,469.00

MARKUP $9,023.00 1 $9,023.00

BA BACK CK CHARGE $45.00 5 $225.00 DOOR #105 CONVERTION TO FINISHED OPENING

DESCRIPTION RA RATE TE QTY AMOUNT

BA BACK CK CHARGE $45.00 64 $2,880.00 MULTIPLE AREAS INSET BASEBORD CANCELED AND REPLACED FOR FINISH DRYWALL

BA BACK CK CHARGE $45.00 24 $1,080.00 DAMAGED ON WALLS FOR OTHER TRADES

BA BACK CK CHARGE $45.00 40 $1,800.00 EXISTING DRYWALL REPAIRS AND FINISHED ON BEDROOM #1 AND #2( NOT IN THE CONTRACT)

PROPOSAL EXCLUSION SAID NOT EXISTING DRYWALL INCLUDED

BA BACK CK CHARGE $45.00 32 $1,440.00 MUD IN AC GRILLS VENTS INSTALLATION AND FINISHED( NOT IN THE CONTRACT)

CHANGE ORDER #4 $6,000.00 1 $6,000.00 INVOICE EST0155

BA BACK CK CHARGE $45.00 24 $1,080.00 PATCHES AND REPAIRS DOING THEM MULTIPLE TIMES

BA BACK CK CHARGE $45.00 32 $1,440.00 BATROOMS AC GRILLS INSTALLED THEM AND FINISHED DRYWALL

SUBT SUBTO OTAL $85,127.00 TAX ((0 0%) $0.00

TOTAL $85,127.00 PAID -$51,886.50 Apr 13, 2023

BAL BALANCE ANCE DUE USD $33 $33,2 ,240.50 40.50

JOB ADDRESS;7181 E CAMELBACK RD, SCOTTSDALE , AZ 85251 UNIT 804\805

JOB NAME; LANGER RESIDENCE WATERFRONT

PROJECT; We propose to furnish all required materials and labor to perform work in accordance with this contract in a satisfactory and workmanlike manner, on the above project.

1. no work included on existing drywall . T&M if needed

2. work to be done during normal daytime hours. no weekend work if its not necessary. 3.No insulation included, to be done by others. 4.No jambs\doors\hardware. 5.all debris to be placed in dumpster provided by builder. 6. Material tax included. 7.one time touch up 8.- any change, damaged by other trades or T&M will be cost at $45.00 by hour plus materials

PLEASE NOTIFY IF ANY OF THESE ITEMS ARE NEEDED.

EXCLUSIONS; 1.No labor or material included for doors\frames\hardware. 2.evening or weekend work. 3.insulation 4.backing for others trades 5.- floor protection. 6.- cold rolled metal u-channel 7.- fire caulking. 8.- sound or acoustical caulking.

PAYMENTS ; DRAWN PAYMENT OF 50% FINAL PAYMENT 50% ON 2ND FRIDAY AFTER TERMINATION NO RETENTIONS NO ONLINE PAYMENTS OR CHECKS BY MAIL

NOTE; TOUCH UP WILL BE ONLY IF THE PROJECT ITS PAID AT LEAST 100%

PLANS DATED ON 09/01/2022

SIGN HERE ; ___________________________________________ DATE :______________________

LONEST ONESTAR AR DRYW DRYWALL ALL LL LLC C INV INVOICE OICE INV0092 Business Number ROC CR-10#328838 CR-7#337697 DATE 591 PLAZA CIRCLE,PO BOX 1688 Feb 10, 2023 LITCHFIELD PARK DUE 85340 On Receipt [number redacted] [email redacted] BAL BALANCE ANCE DUE USD $23,320.00

BILL T TO O

MARK BENZ CUST CUSTOM OM BUILDING & REMODELING LL LLC C 925 W BECK LINE PHOENIX ,AZ 85023 480-261-4442 [email redacted]

DESCRIPTION RA RATE TE QTY AMOUNT

DRYW DRYWALLALL LLABOR ABOR $22,800.00 1 $22,800.00 INCLUDED; Hang; 1.- 5\8" type x gypsum board on walls and ceilings ( no garage included) 2.- 5\8" xp mold resistant gypsum board on shower walls and wet areas. 3.- 5\8 " exterior gypsum soffit board .

Preparation; 1.- gypsum board waste removal. 2.- tape on 90 degrees square corner bead installation. 3.- tear away trim installation on edge of the windows drywall wrap. 4.- masking paper installation on windows and doors.

Finish; LEVEL 5 1.- 2" joint tape installation. 2.- 2 coats of compound mud on joints and metal. 3.- 3 coats of compound mud on nails and screws. 4.- 1 coat of red line texture for smooth finish. 5.- sanding with light. 6.- running caulking on verticals and horizontal angles angles .

Final; 1.- clean up. 2.- 1 time blue tape touch up.

MATERIALS $14,009.00 1 $14,009.00

DESCRIPTION RA RATE TE QTY AMOUNT

OVERHEAD 10% $3,680.90 1 $3,680.90

COMPANY MARKUP $4,510.10 1 $4,510.10

BA BACK CK CHARGE FOR O OTHER THER TRADES D DAMA AMAGED GED $45.00 20 $900.00 HRS WORK ,DAMAGED BY CARPENTERS ON THE WALLS

SUBT SUBTO OTAL $45,900.00 TAX ((0 0%) $0.00

TOTAL $45,900.00 PAID -$22,580.00 Feb 10, 2023

BAL BALANCE ANCE DUE USD $23 $23,,320. 320.00

PROJECT ADDRESS; Capri Estates, 1 E Northview Ave, Phoenix, AZ 85020 JOB NAME; NORTHVIEW RESIDENCE

PROJECT; We propose to furnish all required materials and labor to perform work in accordance with this contract in a satisfactory and workmanlike manner, on the above project.

1. T&M if needed $45.00 BY HOUR or change order prior work. 2. work to be done during normal daytime hours. no weekend work if its not necessary. 3.No insulation included, to be done by others. 4.No jambs\doors\hardware. 5.all debris to be placed in dumpster provided by builder. 6. Material tax included. 7.one time touch up blue tape. 8.- any change, damaged by other trades or T&M will be cost at $45.00 by hour plus materials

PLEASE NOTIFY IF ANY OF THESE ITEMS ARE NEEDED.

9.- RC1 on lids and interior walls. 10.- exterior drywall on walls .

IMPORTANT NOTE; THERE IS NOT GUARANTE ON THE SOUNDPROOF SYSTEM , THIS SYSTEM IS BASED ON EXPERTS AND MATERIALS SUPPLIERS RECOMENDATION .OWNER HAS THE RIGHT TO FIND OR DECIDE A DIFFERENT SOUNDPROOF SYSTEM .

PAYMENTS ; DRAWN PAYMENT 50% PROGREES PAYMENTS NO RETENTIONS NO ONLINE PAYMENTS OR CHECKS BY MAIL

NOTE; LONESTAR DRYWALL LLC ITS NOT RESPOSIBLE FOR BAD FINISHES ON AREAS THAT FRAMING ITS DEFECTIVE OR IMPERFECT.

SIGN HERE ; ___________________________________________ DATE :______________________

LONEST ONESTAR AR DRYW DRYWALL ALL LL LLC C INV INVOICE OICE INV0114 ALDO RAMOS Business Number #337697\#328838 DATE

591 E PLAZA CIR,PO BOX 1048 Jun 23, 2023 Litchfield Park DUE 85340 On Receipt [number redacted] BAL BALANCE ANCE DUE [email redacted] USD $6,000.00

BILL T TO O

MARK BENZ CUST CUSTOM OM BUILDING & REMODELING LL LLC C 925 W BECK LINE PHOENIX ,AZ 85023 480-261-4442 [email redacted]

DESCRIPTION RA RATE TE QTY AMOUNT

CHANGE ORDER #4 $100.00 60 $6,000.00 patches from electrical rework and AV adjustments.

SUBT SUBTO OTAL $6,000.00 TAX ((0 0%) $0.00

TOTAL $6,000.00

BAL BALANCE ANCE DUE USD $6 $6,,000. 000.00

JOB NAME; LANGERS RESIDENCE REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2023-09765 Lonestar Drywall LLC,

COMPLAINANT, v. CITATION Mark Benz Custom Building and Remodeling LLC License No. ROC 296616, RESPONDENT.

The Registrar issues this Citation to Mark Benz Custom Building and Remodeling LLC

(“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by

October 13, 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 22, 2023, Lonestar Drywall LLC (“Complainant”) filed a written complaint

with the Registrar against Respondent. A copy of that Complaint is attached to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

The Registrar investigated this matter and finds cause to charge Respondent with

violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

Charge :1 A.R.S. § 32-1154(A)(10)

Failure by a licensee or agent or official of a licensee to pay monies in excess of $750

when due for materials or services rendered in connection with the licensee's operations 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 as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-09765. 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 October 13, 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 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 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 inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S 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 28, 2023. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, on September 28, 2023 to: Respondent Certified Mail No: [number redacted]

Mark Benz Custom Building and Remodeling LLC 14231 N. 7th St. Ste. 2A Phoenix, AZ 85022 Copy mailed by USPS First Class mail this same date to: of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Mark Benz Custom Building and Remodeling LLC 14231 N. 7th St. Ste. 2A Phoenix, AZ 85022

Complainant Lonestar Drywall LLC Po Box 1048 Litchfield Park, AZ 85340 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. 2023-09765 / EJ

of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

List all specific invoices which have not been paid. Attach additional pages if necessary. INV0114; INV0092; INV0086

(AROUND 60 PATCHES)

SUBContractor CONTRACTOR LONESTAR DRYWALL ,LLC MARK BENZ Company Name Name

591 E PLAZA CIR, PO BOX 1048 925 W BECK LN Adress Adress

LITCHFIELD PARK ,AZ 85340 PHOENIX ,AZ 85023 City, state, zip City, state, zip

6/8/2023 6/8/2023 Date Date

BILL T TO O

MARK BENZ CUST CUSTOM OM BUILDING & REMODELING LL LLC C 925 W BECK LINE PHOENIX ,AZ 85023 480-261-4442 [email redacted]

DESCRIPTION RA RATE TE QTY AMOUNT

INSET BA BASEBO SEBOARD ARD INST INSTALL ALLAATION $6,340.00 1 $6,340.00 ABOUT 1268 LINEAR FEET

MATERIALS $15,000.00 1 $15,000.00

OVERHEAD 10% $5,469.00 1 $5,469.00

MARKUP $9,023.00 1 $9,023.00

BA BACK CK CHARGE $45.00 5 $225.00 DOOR #105 CONVERTION TO FINISHED OPENING

DESCRIPTION RA RATE TE QTY AMOUNT

BA BACK CK CHARGE $45.00 64 $2,880.00 MULTIPLE AREAS INSET BASEBORD CANCELED AND REPLACED FOR FINISH DRYWALL

BA BACK CK CHARGE $45.00 24 $1,080.00 DAMAGED ON WALLS FOR OTHER TRADES

BA BACK CK CHARGE $45.00 40 $1,800.00 EXISTING DRYWALL REPAIRS AND FINISHED ON BEDROOM #1 AND #2( NOT IN THE CONTRACT)

PROPOSAL EXCLUSION SAID NOT EXISTING DRYWALL INCLUDED

BA BACK CK CHARGE $45.00 32 $1,440.00 MUD IN AC GRILLS VENTS INSTALLATION AND FINISHED( NOT IN THE CONTRACT)

CHANGE ORDER #4 $6,000.00 1 $6,000.00 INVOICE EST0155

BA BACK CK CHARGE $45.00 24 $1,080.00 PATCHES AND REPAIRS DOING THEM MULTIPLE TIMES

BA BACK CK CHARGE $45.00 32 $1,440.00 BATROOMS AC GRILLS INSTALLED THEM AND FINISHED DRYWALL

SUBT SUBTO OTAL $85,127.00 TAX ((0 0%) $0.00

TOTAL $85,127.00 PAID -$51,886.50 Apr 13, 2023

BAL BALANCE ANCE DUE USD $33 $33,2 ,240.50 40.50

JOB ADDRESS;7181 E CAMELBACK RD, SCOTTSDALE , AZ 85251 UNIT 804\805

JOB NAME; LANGER RESIDENCE WATERFRONT

PROJECT; We propose to furnish all required materials and labor to perform work in accordance with this contract in a satisfactory and workmanlike manner, on the above project.

1. no work included on existing drywall . T&M if needed

PLEASE NOTIFY IF ANY OF THESE ITEMS ARE NEEDED.

PAYMENTS ; DRAWN PAYMENT OF 50% FINAL PAYMENT 50% ON 2ND FRIDAY AFTER TERMINATION NO RETENTIONS NO ONLINE PAYMENTS OR CHECKS BY MAIL

NOTE; TOUCH UP WILL BE ONLY IF THE PROJECT ITS PAID AT LEAST 100%

PLANS DATED ON 09/01/2022

SIGN HERE ; ___________________________________________ DATE :______________________

BILL T TO O

MARK BENZ CUST CUSTOM OM BUILDING & REMODELING LL LLC C 925 W BECK LINE PHOENIX ,AZ 85023 480-261-4442 [email redacted]

DESCRIPTION RA RATE TE QTY AMOUNT

Final; 1.- clean up. 2.- 1 time blue tape touch up.

MATERIALS $14,009.00 1 $14,009.00

DESCRIPTION RA RATE TE QTY AMOUNT

OVERHEAD 10% $3,680.90 1 $3,680.90

COMPANY MARKUP $4,510.10 1 $4,510.10

BA BACK CK CHARGE FOR O OTHER THER TRADES D DAMA AMAGED GED $45.00 20 $900.00 HRS WORK ,DAMAGED BY CARPENTERS ON THE WALLS

SUBT SUBTO OTAL $45,900.00 TAX ((0 0%) $0.00

TOTAL $45,900.00 PAID -$22,580.00 Feb 10, 2023

BAL BALANCE ANCE DUE USD $23 $23,,320. 320.00

PROJECT ADDRESS; Capri Estates, 1 E Northview Ave, Phoenix, AZ 85020 JOB NAME; NORTHVIEW RESIDENCE

PROJECT; We propose to furnish all required materials and labor to perform work in accordance with this contract in a satisfactory and workmanlike manner, on the above project.

PLEASE NOTIFY IF ANY OF THESE ITEMS ARE NEEDED.

9.- RC1 on lids and interior walls. 10.- exterior drywall on walls .

PAYMENTS ; DRAWN PAYMENT 50% PROGREES PAYMENTS NO RETENTIONS NO ONLINE PAYMENTS OR CHECKS BY MAIL

NOTE; LONESTAR DRYWALL LLC ITS NOT RESPOSIBLE FOR BAD FINISHES ON AREAS THAT FRAMING ITS DEFECTIVE OR IMPERFECT.

SIGN HERE ; ___________________________________________ DATE :______________________

LONEST ONESTAR AR DRYW DRYWALL ALL LL LLC C INV INVOICE OICE INV0114 ALDO RAMOS Business Number #337697\#328838 DATE

591 E PLAZA CIR,PO BOX 1048 Jun 23, 2023 Litchfield Park DUE 85340 On Receipt [number redacted] BAL BALANCE ANCE DUE [email redacted] USD $6,000.00

BILL T TO O

MARK BENZ CUST CUSTOM OM BUILDING & REMODELING LL LLC C 925 W BECK LINE PHOENIX ,AZ 85023 480-261-4442 [email redacted]

DESCRIPTION RA RATE TE QTY AMOUNT

CHANGE ORDER #4 $100.00 60 $6,000.00 patches from electrical rework and AV adjustments.

SUBT SUBTO OTAL $6,000.00 TAX ((0 0%) $0.00

TOTAL $6,000.00

BAL BALANCE ANCE DUE USD $6 $6,,000. 000.00

JOB NAME; LANGERS RESIDENCE Received 10/13/2023 ROC Legal

Logan Elia, SBN. 025009 ROSE LAW GROUP PC 7144 E. Stetson Drive, Suite 300 Scottsdale, Arizona 85251 Phone: 480.505.3936 Fax: 480.505.3925 [email redacted] [email redacted] Attorneys for Defendants REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Lonestar Drywall LLC, No.: 2023-09765 COMPLAINANT, 7144 E. Stetson Drive, Suite 300 Rose Law Group pc

WRITTEN ANWER TO Scottsdale, AZ 85251

v. CITATION AND COMPLAINT Mark Benz Custom Building and Remodeling LLC, License No. ROC 296616,

RESPONDENT. Respondent hereby provides its written answer to the Citation and Complaint. Respondent denies violation of A.R.S. § 32-1154(A)(10) because (a) Complainant is not entitled to payment for defective work and (b) the owner has withheld payment for Complainant’s defective work. Respondent’s denial is supported more fully by the following Memorandum of Points and Authorities.

MEMORANDUM OF POINTS AND AUTHORITIES I. Background On or about January 31, 2023, Mark Benz Custom Building and Remodeling, LLC (hereinafter referred to as “MB”), as Contractor, and Lonestar Drywall (“Lonestar), as

(2023-09765, Page 1) Received 10/13/2023 ROC Legal

Subcontractor, entered into the Master Subcontractor Agreement attached to the Citation (the “Subcontract”). In accordance with the Subcontract, Lonestar was hired to perform certain drywall work, which is the subject of this complaint. Upon review and inspection, MB found numerous defective conditions with Lonestar’s performance, including without limitation: (a) Edge megal at baseboards and doors installed incorrectly; (b) Inconsistent reveals at edge and door jambs; (c) Mud in light trims installed incorrectly; (d) Cracks in drywall tape; (e) Inconsistent drywall texture; 7144 E. Stetson Drive, Suite 300 Rose Law Group pc

(f) Not completing appropriate jobsite preparations; Scottsdale, AZ 85251

(g) Failure to clean work space; (h) Voids and gaps around outlets and switches; (i) Drywall mud ground into grout and tile; (j) Drywall mud on cabinets and flooring; (k) Rounded corners at corner beads in inconsistent texture; (l) Inconsistent texture of drywall; (m) Cracks in drywall tape; (n) Incomplete sanding; (o) Drywall mud hanging past edge metal; and (p) Inconsistent texture of mud in HVAC grills.

Photographic examples of these conditions are attached hereto as Exhibit A. MB communicated with Lonestar regarding this defective performance and requested that the conditions be remedied. Examples of these communications are attached hereto as Exhibit B. (2023-09765, Page 2) Received 10/13/2023 ROC Legal

Lonestar did not remedy the defective conditions. MB filed ROC complaints against Lonestar for the defective work. Copies of the ROC complaints are attached hereto as Exhibit C.

II. Law and Argument A. Lonestar failed to perform work in accordance with professional industry standards. Lonestar failed to perform the work in a professional and workmanlike manner in violation of Ariz. Admin. Code § R 4-9-108(A) and failed to perform work in accordance with professional industry standards, in violation of Ariz. Admin. Code § R 4-9-108(B). The Subcontract specifically requires that Lonestar’s work “shall be free from defects” and 7144 E. Stetson Drive, Suite 300 Rose Law Group pc

that Lonestar shall “perform corrective work, without cost, as directed by [MB].” Scottsdale, AZ 85251

Lonestar breached the Subcontract by performing defective work and failing to perform corrective work as directed by MB. Having failed and declined to perform corrective work, Lonestar is not entitled to payment pursuant to Subcontract. Because Lonestar is not entitled to payment, no payment is due and MB has not failed to make any payment due. Arizona law expressly allows MB to withhold payment from Lonestar for its “defective construction work or materials not remedied” and for its “failure to comply with other material provisions of the construction contract,” including the obligation to perform corrective work. A.R.S. § 32-1183(C). B. No payment is due because MB has not been paid for Lonestar’s defective work. It is an express condition of the Subcontract that “Receipt by [MB] of payment from Owner with respect to [Lonestar’s] Work is a condition precedent to payment of the approved portion of [Lonestar’s] Application for Payment…” MB has not been paid for Lonestar’s defective work. Therefore, MB is not obligated to pay Lonestar. Arizona law expressly entitles MB to withhold payment from Lonestar because the Owner (2023-09765, Page 3) Received 10/13/2023 ROC Legal

has withheld payment from MB for that work. See A.R.S. § 32-1183(C).

III. Conclusion MB hereby requests that the Citation be dismissed. In the alternative, MB requests that this matter be heard together with MB’s complaints against Lonestar.

RESPECTFULLY SUBMITTED this 13th day of October, 2023. ROSE LAW GROUP pc

/s/ Logan V. Elia 7144 E. Stetson Drive, Suite 300

Logan V. Elia Rose Law Group pc

Scottsdale, AZ 85251

Sarah Sladick ROSE LAW GROUP pc 7144 E. Stetson Drive, Suite 300 Scottsdale, Arizona 85251 Attorneys for Defendants

ORIGINAL emailed this 13th day of October 2023 to [email redacted] By: /s/ Angelica Van Balen

(2023-09765, Page 4) Received 10/13/2023 ROC Legal

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From: Kiah Bertoni <[email redacted]> Subject: Langer - Drywall Photos Date: June 20, 2023 at 10:03:29 AM MST To: Mark Benz <[email redacted]>, Aldo Ramos <[email redacted]> Cc: Bri Aman <[email redacted]>

Hi Aldo,

Sorry for the delay I wanted to grab a few more pictures this morning to better explain what Mark has been seeing. Please find the pictures attached to this email.

Thank you, Kiah

Received 10/13/2023 ROC Legal

EXHIBIT C Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/13/2023 ROC Legal Received 10/16/23, 8:34 AM State of Arizona Mail - Lonestar Drywall LLC v Mark Benz Custom Building and Remodeling LLC; Case No. 2023-09765 10/13/2023 ROC Legal

Answers - AZROC <[email redacted]>

Lonestar Drywall LLC v Mark Benz Custom Building and Remodeling LLC; Case No. 2023-09765 message

Angelica Van Balen <[email redacted]> Fri, Oct 13, 2023 at 4:24 PM To: "[email redacted]" <[email redacted]> Cc: Logan Elia <[email redacted]>, Litigation <[email redacted]>

Good Afternoon,

Attached please find Respondent’s Written Answer to Citation and Complaint. The exhibits are too large to send vie email. Below is a Dropbox link where you can access the exhibits.

https://www.dropbox.com/scl/fo/9q291hw19qy1kg28lg8sx/h?rlkey=rls9lhnj1tkfxmrb47le2wcbk&dl=0

Please let us know if you have any questions.

Thanks,

Senior Corporate Transactional Paralegal

https://mail.google.com/mail/b/AEoRXRQXFC1IBxcAsIY6y6HN2YJ_MKlLJ0lrxxXnvZAWjl7_5A9N/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/2 Received 10/16/23, 8:34 AM State of Arizona Mail - Lonestar Drywall LLC v Mark Benz Custom Building and Remodeling LLC; Case No. 2023-09765 10/13/2023 ROC Legal 7144 E Stetson Drive, Suite 300, Scottsdale, AZ 85251

Direct 480.291.0742 Fax 480.505.3925

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2023-10-13 Answer.pdf 190K

https://mail.google.com/mail/b/AEoRXRQXFC1IBxcAsIY6y6HN2YJ_MKlLJ0lrxxXnvZAWjl7_5A9N/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 2/2 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Lonestar Drywall LLC, Case No. 2023-09765 COMPLAINANT, v. Mark Benz Custom Building and Remodeling ORDER DENYING REQUEST TO LLC DISMISS License No. ROC 296616, RESPONDENT.

BACKGROUND On September 28, 2023, the Registrar issued a citation against Respondent’s License No. 296616. Respondent filed its Answer on October 13, 2023. The Answer included a request to dismiss the citation and close the complaint. Respondent argued that Complainant is not entitled to payment because Respondent has not received payment from the owner as required by the Subcontract, and Complainant’s work was defective. ANALYSIS In its Answer, Respondent asserts that Complainant is not entitled to payment because Respondent did not receive payment from the owner. Respondent points to the requirement under the Subcontract which states that “Receipt by [MB] of payment from Owner with respect to [Lonestar’s] Work is a condition precedent to payment of the approved portion of [Lonestar’s] Application for Payment…” However, Respondent has not provided sufficient information or evidence that it has not received payment from the owner.

of 3 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 also argues that Complainant is not entitled to payment based on defective work. At this time, there has not been a determination that Complainant’s work was defective. Respondent indicated in its answer that it has filed with the Registrar complaints against Complainant. However, both of those complaints have been dismissed. 1 Therefore, because there are genuine factual disputes between the parties, these issues are best to be resolved before an Administrative Law Judge at the Office of Administrative Hearings. 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 31, 2023. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail on October 31, 2023 to: Respondent(s) Mark Benz Custom Building and Remodeling LLC 14231 N 7th St Ste 2A Phoenix, AZ 85022 Respondent’s Attorney Logan Elia, Esq. Rose Law group PC 7144 E Stetson Dr, Ste 300 Scottsdale, AZ 85251

Complaint # 2023-07312 was closed on July 25, 2023 as dismissed because of termination of contract/denial of access to the jobsite. Complaint # 2023-06963 was closed as dismissed on August 18, 2023 because of denial of access to the jobsite.

of 3 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 Complainant(s) Lonestar Drywall LLC Po Box 1048 Litchfield Park, AZ 85340 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. 2023-09765/ SA

of 3 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