2023A-09922-CHC-ROC Notice of Hearing and Packet MAILED
2023A-09922-CHC-ROC · Registrar of Contractors · 2024-02-23
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
James Christensen , Case No. 2023-09922 COMPLAINANT, Docket No. 2023A-09922-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Plum Custom Landscapes and Design LLC License No. ROC 278150,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
April 9, 2024 1:00 PM Jenna Clark 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 January 24, 2024.
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)(3) - R4-9-108(a)
Charge: 2 A.R.S. § 32-1154(A)(22)
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/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
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 February 23, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail February 23, 2024 to: Respondent(s) Plum Custom Landscapes and Design LLC 3296 E Milky Way Gilbert, AZ 85295
Complainant(s) James Christensen 4749 S Venus Mesa, AZ 85212
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. 2023-09922 /
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
Complainant: James Christensen 4749 S Venus Mesa, AZ 85212
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Plum Custom Landscapes and Design LLC DBA: 3296 E Milky Way Gilbert, AZ 85295
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 August 28, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-09922
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for September 20, 2023 at 9:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Respondent Complainant
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Jobsite Inspection Notes
Case No.: 2023-09922 Investigator: Albert Bernal Inspection Date: September 20, 2023 Inspection Time: 9:30 AM
Complainant: James Christensen Respondent: Plum Custom Not Present: Landscapes and Design LLC Joey Galea Not Present:
Jobsite General Notes: This investigation was regarding a hardscape job that included lighting and artificial turf installation at the Complainant’s residence
Complaint Item: 1 - Did not install lighting system we paid for and is specified in our contract. Installed much cheaper lighting system Investigator’s Observation: 1) Verified. I was shown the lighting system and it was verified that some of the light fixtures were a different brand from what the contract stipulated. *Respondent is to identified the light fixtures that are no the correct brand and replace as per contract. 2) The transformer is a different brand- Not verified. I noted the transformer was a different brand (Hampton Bay) however the contract stipulates "low voltage Transformer and wire included “ But, it does not describes the items brand, therefore I was unable to determine what brand the transformer supposed to be. *No action required by the contractor Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint Item: 2 - Synthetic grass settled in area where trench was at Investigator’s Observation: Verified. I noted an artificial turf area that was sunken /settle, this area was readily visible. Respondent is to Determine the cause and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work
Complaint Item: 3 - Did not grade area to drain Investigator’s Observation: Verified. I noted that the graded area near the fountain was high. This high section does not allow the area (side yard) to drain as intended. Correct grade on area to allow it to drain properly. Respondent is aware of the issue and agree to correct it. Respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work
Complaint Item: 4 - Area with very minimal decomposed granite Investigator’s Observation: Verified. I noted that the gravel installed on areas by the fountain (high graded area described on complaint item #3) was not completely covering the ground. Respondent is aware of the issue and agree to correct it. Contractor should correct so that proper ground coverage is achieved. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work
Complaint Item: 5 - Refused to provide warranty information for lighting. Told us we could get it online. Investigator’s Observation: This is a warranty issue, not a workmanship issue. The ROC has no jurisdiction over materials and /or manufacturer’s warranties. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complainant: James Christensen 4749 S Venus Mesa, AZ 85212
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Plum Custom Landscapes and Design LLC DBA: 3296 E Milky Way Gilbert, AZ 85295
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 September 26, 2023
License No. ROC 278150
Re:Complaint No. 2023-09922
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on October 20th 2023.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Complaint Item: 1 - Did not install lighting system we paid for and is specified in our contract. Installed much cheaper lighting system Investigator’s Observation: 1) Verified. I was shown the lighting system and it was verified that some of the light fixtures were a different brand from what the contract stipulated. *Respondent is to identified the light fixtures that are no the correct brand and replace as per contract.
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 2) The transformer is a different brand- Not verified. I noted the transformer was a different brand (Hampton Bay) however the contract stipulates "low voltage Transformer and wire included “ But, it does not describes the items brand, therefore I was unable to determine what brand the transformer supposed to be. *No action required by the contractor Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work
Complaint Item: 2 - Synthetic grass settled in area where trench was at Investigator’s Observation: Verified. I noted an artificial turf area that was sunken /settle, this area was readily visible. Respondent is to Determine the cause and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work
Complaint Item: 3 - Did not grade area to drain Investigator’s Observation: Verified. I noted that the graded area near the fountain was high. This high section does not allow the area (side yard) to drain as intended. Correct grade on area to allow it to drain properly. Respondent is aware of the issue and agree to correct it. Respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work
Complaint Item: 4 - Area with very minimal decomposed granite Investigator’s Observation: Verified. I noted that the gravel installed on areas by the fountain (high graded area described on complaint item #3) was not completely covering the ground. Respondent is aware of the issue and agree to correct it.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Contractor should correct so that proper ground coverage is achieved. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Complaint Item: 5 - Refused to provide warranty information for lighting. Told us we could get it online. Investigator’s Observation: This is a warranty issue, not a workmanship issue. The ROC has no jurisdiction over materials and /or manufacturer’s warranties. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Respondent Complainant
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 10/10/23, 12:22 PM State of Arizona Mail - Re: Albert Bernal has shared a file "20230926 Written Directive 2023-09922.pdf" with you
Lazaro Bernal <[email redacted]>
Re: Albert Bernal has shared a file "20230926 Written Directive 2023-09922.pdf" with you message
Joey Galea <[email redacted]> Fri, Oct 6, 2023 at 5:32 PM To: Albert Bernal <[email redacted]>
Hi Albert, I’m forwarding you Copy of my new bond and proof of payment and express mail to the surety company. They should’ve received payment for the bond in the amount of $4160 today, I followed up, but had to leave a voicemail. Once they receive payment they’re going to help me expedite getting word over to the R.O.C. office. I haven’t contacted the client yet but first wanted to chat with you at least by Monday and find out how I can go about getting the repairs done without getting in trouble. Also, I wanted to let you know I also had a case for a Turf repair which I fixed well before an October 26 inspection date. Word over to the R.O.C. office. I haven’t contacted the client yet but first wanted to chat with you at least by Monday and find out how I can go about getting the repairs done without getting in trouble. Also, I wanted to let you know I also had a case for Turf repair which I fixed well before an October 26 inspection date And it was confirmed dismissed today. I am handling all my affairs so that I can move forward with my business. I appreciate all your help and consideration.
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/4 10/10/23, 12:22 PM State of Arizona Mail - Re: Albert Bernal has shared a file "20230926 Written Directive 2023-09922.pdf" with you
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/4 10/10/23, 12:22 PM State of Arizona Mail - Re: Albert Bernal has shared a file "20230926 Written Directive 2023-09922.pdf" with you
Joey Galea Plum Custom Landscapes and Design, LLC e. [email redacted] w. plumcustom.com fb. facebook.com/paverprofessionals ig. plumcustom o. 480-241-8611 m. 480-215-6464 ROC 278150
On Tue, Sep 26, 2023 at 11:42 AM Albert Bernal <[email redacted]> wrote:
Albert has shared the following file with you: Dear Respondent and Complainant Please see the link to Written Directive.
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 3/4 10/10/23, 12:22 PM State of Arizona Mail - Re: Albert Bernal has shared a file "20230926 Written Directive 2023-09922.pdf" with you 20230926 Written Directive 2023-09922.pdf
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https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 4/4 10/11/23, 5:02 PM State of Arizona Mail - Fwd: New bond - roc#278150
Lazaro Bernal <[email redacted]>
Fwd: New bond - roc#278150 message
Joey Galea <[email redacted]> Wed, Oct 11, 2023 at 1:33 PM To: Albert Bernal <[email redacted]>, "Christensen, Jim" <[email redacted]>, JAMIE CHRISTENSEN <[email redacted]>
Our license is active so we may start repairs, thank you! Jim and Jamie I will let you know when we plan to come start. Let me know if there’s any conflicts with days and times.
Regards,
Joey Galea Plum Custom Landscapes and Design, LLC e. [email redacted] w. plumcustom.com m. 480-241-8611 ROC 278150
---------- Forwarded message --------- From: Licensing - AZROC <[email redacted]> Date: Wed, Oct 11, 2023 at 1:06 PM Subject: Re: New bond - roc#278150 To: Joey Galea <[email redacted]>
This bond has been added to your license, and your license is now active.
Additionally, if you need to submit an application or make updates to your license please visit our online portal at roc.az.gov and select My Account to create a login.
Licensing Department
Arizona Registrar of Contractors 1700 W Washington St Suite 105 Phoenix, AZ 85007 main: 602-542-1525 fax: 602-542-7852
Fill out AZ ROC’s survey to let us know how we’re
doing and how we can better serve you!
The ROC is now on social media! Make sure to follow us on:
On Wed, Oct 11, 2023 at 11:16 AM Joey Galea <[email redacted]> wrote:
Joey Galea Plum Custom Landscapes and Design, LLC e. [email redacted] w. plumcustom.com https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/6 10/11/23, 5:02 PM State of Arizona Mail - Fwd: New bond - roc#278150 fb. facebook.com/paverprofessionals ig. plumcustom o. 480-241-8611 m. 480-215-6464
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/6 10/11/23, 5:02 PM State of Arizona Mail - Fwd: New bond - roc#278150
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 3/6 10/11/23, 5:02 PM State of Arizona Mail - Fwd: New bond - roc#278150
ROC 278150
---------- Forwarded message --------- From: Joey Galea <[email redacted]> Date: Tue, Oct 10, 2023 at 9:33 AM
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 4/6 10/11/23, 5:02 PM State of Arizona Mail - Fwd: New bond - roc#278150 Subject: New bond - roc#278150 To: [email redacted] <[email redacted]>
Joey Galea Plum Custom Landscapes and Design, LLC e. [email redacted]
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 5/6 10/11/23, 5:02 PM State of Arizona Mail - Fwd: New bond - roc#278150 w. plumcustom.com fb. facebook.com/paverprofessionals ig. plumcustom o. 480-241-8611 m. 480-215-6464 ROC 278150
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 6/6 11/3/23, 3:00 PM State of Arizona Mail - Re: New bond - roc#278150
Lazaro Bernal <[email redacted]>
Re: New bond - roc#278150 message
Christensen, Jim <[email redacted]> Fri, Oct 20, 2023 at 4:52 PM To: Joey Galea <[email redacted]>, Albert Bernal <[email redacted]>, JAMIE CHRISTENSEN <[email redacted]>
Joey
Haven't heard of any proposed dates to do the work. We are open and don't have conflicts.
Thanks Jim
Sent via the Samsung Galaxy S21 5G, an AT&T 5G smartphone Get Outlook for Android
From: Joey Galea <[email redacted]> Sent: Wednesday, October 11, 2023 1:33:09 PM To: Albert Bernal <[email redacted]>; Christensen, Jim <[email redacted]>; JAMIE CHRISTENSEN <[email redacted]> Subject: Fwd: New bond - roc#278150
CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Our license is active so we may start repairs, thank you! Jim and Jamie I will let you know when we plan to come start. Let me know if there’s any conflicts with days and times.
Regards,
Joey Galea Plum Custom Landscapes and Design, LLC e. [email redacted] w. plumcustom.com m. 480-241-8611 ROC 278150
---------- Forwarded message --------- From: Licensing - AZROC <[email redacted]> Date: Wed, Oct 11, 2023 at 1:06 PM Subject: Re: New bond - roc#278150 To: Joey Galea <[email redacted]>
This bond has been added to your license, and your license is now active.
Additionally, if you need to submit an application or make updates to your license please visit our online portal at roc.az.gov and select My Account to create a login.
Licensing Department
Arizona Registrar of Contractors 1700 W Washington St
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 1/7 11/3/23, 3:00 PM State of Arizona Mail - Re: New bond - roc#278150 Suite 105 Phoenix, AZ 85007 main: 602-542-1525 fax: 602-542-7852
Fill out AZ ROC’s survey to let us know how we’re
doing and how we can better serve you!
The ROC is now on social media! Make sure to follow us on:
On Wed, Oct 11, 2023 at 11:16 AM Joey Galea <[email redacted]> wrote:
Joey Galea Plum Custom Landscapes and Design, LLC e. [email redacted] w. plumcustom.com fb. facebook.com/paverprofessionals ig. plumcustom o. 480-241-8611 m. 480-215-6464
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 2/7 11/3/23, 3:00 PM State of Arizona Mail - Re: New bond - roc#278150
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 3/7 11/3/23, 3:00 PM State of Arizona Mail - Re: New bond - roc#278150
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 4/7 11/3/23, 3:00 PM State of Arizona Mail - Re: New bond - roc#278150
ROC 278150
---------- Forwarded message --------- From: Joey Galea <[email redacted]> Date: Tue, Oct 10, 2023 at 9:33 AM
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 5/7 11/3/23, 3:00 PM State of Arizona Mail - Re: New bond - roc#278150 Subject: New bond - roc#278150 To: [email redacted] <[email redacted]>
Joey Galea Plum Custom Landscapes and Design, LLC e. [email redacted]
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 6/7 11/3/23, 3:00 PM State of Arizona Mail - Re: New bond - roc#278150 w. plumcustom.com fb. facebook.com/paverprofessionals ig. plumcustom o. 480-241-8611 m. 480-215-6464 ROC 278150
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 7/7 10/23/23, 8:46 AM State of Arizona Mail - Re: New bond - roc#278150
Lazaro Bernal <[email redacted]>
Re: New bond - roc#278150 message
Christensen, Jim <[email redacted]> Fri, Oct 20, 2023 at 4:52 PM To: Joey Galea <[email redacted]>, Albert Bernal <[email redacted]>, JAMIE CHRISTENSEN <[email redacted]>
Joey
Haven't heard of any proposed dates to do the work. We are open and don't have conflicts.
Thanks Jim
Sent via the Samsung Galaxy S21 5G, an AT&T 5G smartphone Get Outlook for Android
From: Joey Galea <[email redacted]> Sent: Wednesday, October 11, 2023 1:33:09 PM To: Albert Bernal <[email redacted]>; Christensen, Jim <[email redacted]>; JAMIE CHRISTENSEN <[email redacted]> Subject: Fwd: New bond - roc#278150
CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Our license is active so we may start repairs, thank you! Jim and Jamie I will let you know when we plan to come start. Let me know if there’s any conflicts with days and times.
Regards,
Joey Galea Plum Custom Landscapes and Design, LLC e. [email redacted] w. plumcustom.com m. 480-241-8611 ROC 278150
---------- Forwarded message --------- From: Licensing - AZROC <[email redacted]> Date: Wed, Oct 11, 2023 at 1:06 PM Subject: Re: New bond - roc#278150 To: Joey Galea <[email redacted]>
This bond has been added to your license, and your license is now active.
Additionally, if you need to submit an application or make updates to your license please visit our online portal at roc.az.gov and select My Account to create a login.
Licensing Department
Arizona Registrar of Contractors 1700 W Washington St
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 1/7 10/23/23, 8:46 AM State of Arizona Mail - Re: New bond - roc#278150 Suite 105 Phoenix, AZ 85007 main: 602-542-1525 fax: 602-542-7852
Fill out AZ ROC’s survey to let us know how we’re
doing and how we can better serve you!
The ROC is now on social media! Make sure to follow us on:
On Wed, Oct 11, 2023 at 11:16 AM Joey Galea <[email redacted]> wrote:
Joey Galea Plum Custom Landscapes and Design, LLC e. [email redacted] w. plumcustom.com fb. facebook.com/paverprofessionals ig. plumcustom o. 480-241-8611 m. 480-215-6464
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 2/7 10/23/23, 8:46 AM State of Arizona Mail - Re: New bond - roc#278150
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 3/7 10/23/23, 8:46 AM State of Arizona Mail - Re: New bond - roc#278150
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 4/7 10/23/23, 8:46 AM State of Arizona Mail - Re: New bond - roc#278150
ROC 278150
---------- Forwarded message --------- From: Joey Galea <[email redacted]> Date: Tue, Oct 10, 2023 at 9:33 AM
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 5/7 10/23/23, 8:46 AM State of Arizona Mail - Re: New bond - roc#278150 Subject: New bond - roc#278150 To: [email redacted] <[email redacted]>
Joey Galea Plum Custom Landscapes and Design, LLC e. [email redacted]
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 6/7 10/23/23, 8:46 AM State of Arizona Mail - Re: New bond - roc#278150 w. plumcustom.com fb. facebook.com/paverprofessionals ig. plumcustom o. 480-241-8611 m. 480-215-6464 ROC 278150
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 7/7 11/6/23, 10:25 AM State of Arizona Mail - Re: Complaint # 2023-09922
Lazaro Bernal <[email redacted]>
Re: Complaint # 2023-09922 message
Joey Galea <[email redacted]> Fri, Nov 3, 2023 at 3:37 PM To: Lazaro Bernal <[email redacted]>
Hi Albert. We did the grading and the grass, they want us to come back and fix the grass seam. I just have to add some sand. The only thing left is the lights and Belgard is giving me a discount on the lights they just have to get it approved. I’ve been in communication with Jim. We are scheduled to go back Monday and Tuesday to complete touchups on the grass. I’m hoping to have the lights secured next week as well.
Sincerely,
Joey Galea Plum Custom Landscapes and Design, LLC e. [email redacted] w. plumcustom.com fb. facebook.com/paverprofessionals ig. plumcustom o. 480-241-8611 m. 480-215-6464 ROC 278150
On Fri, Nov 3, 2023 at 3:05 PM Lazaro Bernal <[email redacted]> wrote: Good afternoon, I am reaching out to you to find out if the corrections listed on the written directive were completed. If you can respond to me at your earliest convenience it would be greatly appreciated. Written Directive due date was 10/20/23 Best Regards,
--
Albert Bernal Investigator #214 AZ Registrar of Contractors 1700 W Washington St. Ste 105 Phoenix, AZ 85007 Office: (602) 771-6752 Cell Phone (480) 493-7742
Email: [email redacted] Hours: Mon.- Fri. 0800-1700
The ROC is now on social media! Make sure to follow us on:
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-a:r-[number redacted]%7Cmsg-f:[number redacted]… 1/2 11/6/23, 10:25 AM State of Arizona Mail - Re: Complaint # 2023-09922
Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-a:r-[number redacted]%7Cmsg-f:[number redacted]… 2/2 Complainant: James Christensen 4749 S Venus Mesa, AZ 85212
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Respondent: Plum Custom Landscapes and Design LLC DBA: 3296 E Milky Way Gilbert, AZ 85295
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 January 3, 2024
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-09922
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for January 11, 2024 at 11:00 AM to determine the current status of the items listed on the issued Directive.
The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.
Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.
Sincerely,
Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Respondent Complainant
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Compliance Jobsite inspections Photos 1 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 1/11/2024 Inspection Time: 11:00AM Address: 4749 S Venus Mesa, AZ 85212
Front of residence Compliance Jobsite inspections Photos 2 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 1/11/2024 Inspection Time: 11:00AM Address: 4749 S Venus Mesa, AZ 85212
Decorative gravel was restore Compliance Jobsite inspections Photos 3 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 1/11/2024 Inspection Time: 11:00AM Address: 4749 S Venus Mesa, AZ 85212
Decorative gravel was restore Compliance Jobsite inspections Photos 4 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 1/11/2024 Inspection Time: 11:00AM Address: 4749 S Venus Mesa, AZ 85212
Sunken areas were corrected however, there is a readily visible seam on the artificial turf. Compliance Jobsite inspections Photos 5 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 1/11/2024 Inspection Time: 11:00AM Address: 4749 S Venus Mesa, AZ 85212
Outdoor lights were never replace with the correct brand as per contract. Complainant: James Christensen 4749 S Venus Mesa, AZ 85212
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Plum Custom Landscapes and Design LLC DBA: 3296 E Milky Way Gilbert, AZ 85295
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-09922 Investigator: Albert Bernal Inspection Date: January 11, 2024 Inspection Time: 11:00 AM
Compliance Jobsite General Notes: This investigation was regarding a hardscape job that included lighting and artificial turf installation at the Complainant’s residence.
*The Respondent was not present at this CJSI
Compliance Findings:
Complaint Item: 1 - Did not install lighting system we paid for and is specified in our contract. Installed much cheaper lighting system Investigator’s Observation: 1) Verified. I was shown the lighting system and it was verified that some of the light fixtures were a different brand from what the contract stipulated. *Respondent is to identified the light fixtures that are no the correct brand and replace as per contract. 2) The transformer is a different brand .Not verified. I noted the transformer was a different brand (Hampton Bay) however the contract stipulates "low voltage Transformer and wire included “ But, it does not describes the items brand, therefore I was unable to determine what brand the transformer supposed to be. *No action required by the contractor Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work Not complete.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complaint Item: 2 - Synthetic grass settled in area where trench was at Investigator’s Observation: Verified. I noted an artificial turf area that was sunken /settle, this area was readily visible. Respondent is to determine the cause and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work Sunken turf area was corrected however, a readily visible seam on the turf was noted in the corrected area. Not complete.
Complaint Item: 3 - Did not grade area to drain Investigator’s Observation: Verified. I noted that the graded area near the fountain was high. This high section does not allow the area (side yard) to drain as intended. Correct grade on area to allow it to drain properly. Respondent is aware of the issue and agree to correct it. Respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work
Complete.
Complaint Item: 4 - Area with very minimal decomposed granite Investigator’s Observation: Verified. I noted that the gravel installed on areas by the fountain (high graded area described on complaint item #3) was not completely covering the ground. Respondent is aware of the issue and agree to correct it. Contractor should correct so that proper ground coverage is achieved. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work Complete
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Note:
Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,
Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Respondent Complainant
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
James Christensen, Case No. 2023-09922 COMPLAINANT, v. Plum Custom Landscapes and Design LLC, CITATION License No. ROC 278150, RESPONDENT.
The Registrar issues this Citation to Plum Custom Landscapes and Design LLC, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by February 8, 2024, 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 26, 2023, James Christensen, (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(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.
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. 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. 2023-09922. 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]
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 February 8, 2024. 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
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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). 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
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar. Dated January 24, 2024. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors
COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, January 24, 2024 to: Respondent Certified Mail No: [number redacted] Plum Custom Landscapes and Design LLC 3296 E Milky Way Gilbert, AZ 85295 Copy mailed by USPS First Class mail this same date to: Respondent Plum Custom Landscapes and Design LLC 3296 E Milky Way Gilbert, AZ 85295
Plum Custom Landscapes and Design LLC 637 N Dawn Cir Mesa, AZ 85203-6513 Complainant James Christensen 4749 S Venus Mesa, AZ 85212 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. 2023-09922
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
James Christensen Mailing Address (Enter jobsite in Contract/Project section) City State Zip
4749 S Venus Mesa Arizona 85212 Phone Number Email
[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)
Street Address of Attorney City State Zip
Phone Number of Attorney Email of Attorney
Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
Plum Custom Landscapes and Design LLC ROC 278150 Street Address City State Zip
3296 E Milky Way Gilbert AZ 85295 Phone Number Email
[number redacted] [email redacted] Name of Person(s) Representing License
Joey Galea Contract/Project Information Contract Date Contract Amount Amount Paid
March 10, 2022 $59,355.14 $59,355.14 Date Work Started Date Work Stopped Date Work Was Completed
April 20, 2022 September 22, 2022 September 22, 2022 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
4749 S Venus Mesa AZ 85212 Name of Construction Site Owner Construction Site Name (if applicable)
James Christensen Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] This complaint is for Poor Work;Other I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Has any work been corrected? No
The contract was Written All change orders were Written This project was Residential This project involved Other Landscaping A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
Did not install lighting system we paid for and is specified in our contract. Installed much cheaper lighting system.; Synthetic grass settled in area where trench was at.; Did not grade area to drain. ; Area with very minimal decomposed granite. ; Refused to provide warranty information for lighting. Told us we could get it online.
Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and 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
James Christensen \complainant1\ \complainantd1\
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+6,6 21,&7631626132 & 12 & 121,16(2 12 67 2 (222236(2 76312 32 ' -6 2276.1761 671232 , 12 11216.6712 6 ' /016 22 2 2/9/24, 8:20 AM State of Arizona Mail - Case No. 2023-09922 Written Answer to Citation and Complaint
Answers - AZROC <[email redacted]>
Case No. 2023-09922 Written Answer to Citation and Complaint message
Joey Galea <[email redacted]> Thu, Feb 8, 2024 at 10:11 PM To: [email redacted]
Written Answer to Citation and Complaint
Case No. 2023-09922
The complaint states poor workmanship and other. Included below is our cause and efforts completing the items in the directive. We were not only awarded for our workmanship on this project, we left the project pristine and our client happy. To the directive, we added rock in thinned area, corrected the sunken area in turf, adjusted grade on side yard for fast drainage.
Rock- We installed adequate rock. The area referred to in the complain Mr was a high traffic pathway into the backyard and the rock thinned into the soil over time.
Drainage- We had adequate drainage to the sideyards and we installed granite rock over existing grade there.
Turf- Our contract for turf states 1 year warranty on workmanship. The complaint states there was settling under the turf. We installed our base for turf with adequate compaction material and drainage. We cannot control the nature of subsoil lining this brand new development in the east valley where all fill is product of farm soil, silty clay soil, which shrinks and expands while wet with changing temperatures.
Lighting- We installed a top quality lighting system. We install both alliance lighting and truscapes lighting. Both have a lifetime warranty on all fixtures installed. Truscapes sold locally only through superlite block company stopping caring quantities of Truscspes lighting and we were only able to purchase the “paver light”. This was during the time many supply companies experienced shortages of material goods available. We installed the same fixtures by alliance. Sold at sprinkler world. The transformer powers the lighting system. We purchase these at Home Depot. Truscapes manufactures a Bluetooth only controlled transformer which wasn’t sold by superlite. It was explained by our truscapes rep that these were newly Launched and still have bugs. We don’t and have never offered truscapes transformers. This was discussed with the the home owners. The Home Depot warranty booklet wasn’t present after we installed it and cleaned the job site. The homeowners asked for the warranty info and I sent them a link to a digital copy for their unit.
Respectfully,
Joey Galea Plum Custom Landscapes and Design, LLC e. [email redacted] w. plumcustom.com fb. facebook.com/paverprofessionals ig. plumcustom m. 480-241-8611 ROC 278150
https://mail.google.com/mail/b/AEoRXRQm6V007G8Ktm8NN4yYor4iJByJVRYjpCGJVQwat8I0DCBB/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/1 Jobsite inspections Photos 1 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 9/20/2023 Inspection Time: 9:30 AM Address: 4749 S Venus Meas AZ 85212
Front of residence Jobsite inspections Photos 2 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 9/20/2023 Inspection Time: 9:30 AM Address: 4749 S Venus Meas AZ 85212
Sunken/ settle area of artificial turf (pool plumbing trench under) Jobsite inspections Photos 3 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 9/20/2023 Inspection Time: 9:30 AM Address: 4749 S Venus Meas AZ 85212
Light fixtures appeared to be the wrong brand Jobsite inspections Photos 4 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 9/20/2023 Inspection Time: 9:30 AM Address: 4749 S Venus Meas AZ 85212
Light fixtures appeared to be the wrong brand Jobsite inspections Photos 5 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 9/20/2023 Inspection Time: 9:30 AM Address: 4749 S Venus Meas AZ 85212
Outdoor lighting Jobsite inspections Photos 6 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 9/20/2023 Inspection Time: 9:30 AM Address: 4749 S Venus Meas AZ 85212
Light fixtures appeared to be the wrong brand Jobsite inspections Photos 7 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 9/20/2023 Inspection Time: 9:30 AM Address: 4749 S Venus Meas AZ 85212
Timer appears to be the wrong brand. Jobsite inspections Photos 8 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 9/20/2023 Inspection Time: 9:30 AM Address: 4749 S Venus Meas AZ 85212
Section of side yard had a high are towards the fountain that did not allowed to drain as intended. Jobsite inspections Photos 9 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 9/20/2023 Inspection Time: 9:30 AM Address: 4749 S Venus Meas AZ 85212
Drain installed by the Builder was covered with gravel not allowing the back yard to drain as intended Jobsite inspections Photos 10 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 9/20/2023 Inspection Time: 9:30 AM Address: 4749 S Venus Meas AZ 85212
Gravel does not provide enough ground cover in various section of the side yard (left side –gate location) Jobsite inspections Photos 11 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 9/20/2023 Inspection Time: 9:30 AM Address: 4749 S Venus Meas AZ 85212
Gravel does not provide enough ground cover in various section of the side yard (left side –gate location) Are was moist due to irrigation. Jobsite inspections Photos 12 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 9/20/2023 Inspection Time: 9:30 AM Address: 4749 S Venus Meas AZ 85212
Gravel does not provide enough ground cover in various section of the side yard (left side –gate location) Are was moist due to irrigation. Jobsite inspections Photos 13 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 9/20/2023 Inspection Time: 9:30 AM Address: 4749 S Venus Meas AZ 85212
Right side of the yard (side yard) appeared to have enough gravel cover throughout. Jobsite inspections Photos 14 Case No: 2023-09922 Investigator: Albert Bernal #214 Inspection Date: 9/20/2023 Inspection Time: 9:30 AM Address: 4749 S Venus Meas AZ 85212
Right side of the yard (side yard) appeared to have enough gravel cover throughout. 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