2023A-10020-NPC-ROC 20231205 Notice of Hearing and Packet MAILED
2023A-10020-NPC-ROC · Registrar of Contractors · 2023-12-13
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Vezina Industries Inc., Case No. 2023-10020 COMPLAINANT, Docket No. 2023A-10020-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Vianngel's Window & Glass LLC License No. ROC 344612,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
January 17, 2024 9:00 AM Tammy Eigenheer 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 November 6, 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 December 5, 2023.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail December 5, 2023 to: Respondent(s) Vianngel's Window & Glass LLC 16508 S 202 Dr Buckeye, AZ 85326
Complainant(s) Vezina Industries Inc. 33543 Avenue 9 Madera, CA 93636
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. 2023-10020 /
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
October 5, 2023
Via U.S. Mail and Email
Complainant Vezina Industries Inc. 33543 Avenue 9 Madera, CA 93636
Via U.S. Mail and Email
Respondent Vianngel's Window & Glass LLC 16508 S 202 Dr. Buckeye, AZ 85326
Re: Complaint No. 2023-10020
Dear Complainant:
The Registrar received your complaint filed against Vianngel's Window & Glass LLC for non-payment of materials or services rendered. This complaint is incomplete and will not be substantively reviewed by the Registrar until the following documentation is provided.
1. This complaint includes some invoices that are duplicative to the filed complaint in case 2023-10133. Please separate the invoices that are associated with case 2023-10133 and provide only those that pertain to this case 2023-10020.
2. Provide the negotiated agreed contract (signed) by both parties to support each invoice. If no written contract, provide a written statement describing the agreement that included the following information: • Reason written contract is not being provided (e.g. contractor did not provide a written contract, the contract is lost, the contract was destroyed). • A description of the work being performed under the econtract. • The date of the contract. • The names of the people who negotiated the contract. • The agreed upon amount of the contract.
You must provide the Registrar with the above-listed information within ten (10) days of this letters’ mailing date. The Registrar will close this complaint if the requested
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 information is not provided by October 15, 2023. You may provide the information 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]
Although, the complaint is incomplete at this time, Respondent is free to raise any issue or affirmative defense to this complaint and file a response with the Registrar. If the required information is provided and this complaint becomes complete, Respondent will be provided an additional opportunity to respond to the complaint.
Sincerely,
/s/ Tedi Quezada _________________ Tedi Quezada Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 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) Michael Richard Vezina Street Address City State Zip Code 33543 Avenue 9 Madera Arizona 93636 Phone Number Email Address (559) 479-8287 [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) Vianngel's Window & Glass LLC ROC 344612 Street Address City State Zip Code 16508 S 202 Dr Buckeye AZ 85326 Phone Number Email Address
Name of Person(s) Representing License Erick Murrieta Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $167,000.00 February 22, 2023 Have you filed a civil complaint?
List all specific invoices which have not been paid. Attach additional pages if necessary. PLEASE SEE ATTCHED
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 Michael Richard Vezina 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 Michael Richard Vezina October 17, 2023
Via U.S. Mail and Email
Complainant Vezina Industries Inc. 33543 Avenue 9 Madera, CA 93636
Via U.S. Mail and Email
Respondent Vianngel's Window & Glass LLC 16508 S 202 Dr. Buckeye, AZ 85326
Re: Complaint No. 2023-10020
Dear Complainant and Respondent:
The Registrar received a complaint filed against Vianngel's Window & Glass 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 October 24, 2023. Please reference the complaint number listed above if you file a response. Respondent may file a response by:
Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]
The Registrar will not issue a citation before October 24, 2023 and will review Respondent’s response, if one is submitted.
Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.
Sincerely,
/s/ Tedi Quezada ________________ 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Tedi Quezada Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 10/16/23, 9:11 AM Received Legal State of Arizona Mail - Complaint# 2023-10020
10/14/2023 Tedi Quezada <[email redacted]>
Complaint# 2023-10020 message
Mike Vezina <[email redacted]> Sat, Oct 14, 2023 at 2:08 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]>
Hello Tedi,
Please see dates on all orders in PDF below. Please let me know if you have any other questions. I also have a copy of all payments and the bounced checks that they gave me as well. Thanks.
Mike Vezina 559.994.6475 Cell 559.479.8287 Office 559.673.7642 Fax www.VEZINAINDUSTRIES.com [email redacted]
CONTINUOUS EFFORT – NOT STRENGTH OR INTELLIGENCE – IS THE KEY TO UNLOCKING OUR POTENTIAL. -Winston Churchill
https://mail.google.com/mail/u/0/?ik=b3c9c6c218&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/5 10/16/23, 9:11 AM State of Arizona Mail - Complaint# 2023-10020 Received Legal 10/14/2023
The information contained within this message as well as any attachments are confidential and may be legally privileged. If this message is not intended for you it must not be read, copied, or used by you or disclosed to anyone else without the prior written consent of Vezina Industries. Please notify the sender immediately if you have received this message in error.
From: Tony Hernandez <[email redacted]> Sent: Friday, October 13, 2023 3:54 PM To: Mike Vezina <[email redacted]> Subject: Re: Complaint# 2023-10020
Mike,
See attached link dates on all orders in email. CCF_000608.pdf
Tony Hernandez 602-499-8947 [email redacted] 7310 W Roosevelt St Ste A12 Phoenix, AZ 85043-2219
From: Mike Vezina <[email redacted]> Sent: Friday, October 13, 2023 2:46 PM
https://mail.google.com/mail/u/0/?ik=b3c9c6c218&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/5 10/16/23, 9:11 AM Received Legal State of Arizona Mail - Complaint# 2023-10020 To: [email redacted] <[email redacted]>; [email redacted] <[email redacted]> Cc: Tony Hernandez <[email redacted]> 10/14/2023 Subject: Complaint# 2023-10020
Good afternoon Tedi,
Please see the responses to the letter of complaint 2023-10020;
In response to question #1 below, accidently filed two complaints as the first one was not showing on the web site. Complaint 2023- 10133 is now closed.
Response to question # 2; Vezina Industries Inc. ( Tony Hernandez ) provided materials only to Vianngels Glass ( Jose Loya ). These material purchases were initiated by Vianngel’s glass by giving us a purchase order per order. This was our contract per order. These materials were priced out and agreed upon in office as Viannngels shared office space with us. Materials were paid for at pick up until Vianngels got behind in payments and checks started to bounce. We gave credit to Vianngel’s glass ( Jose Loya ) as he was telling us he was refinancing his house and would pay us off. He also sent us emails from mortgage companies to support this. There are not dates on his purchase orders but we have dates of all orders placed by him with the manufacturer ( Alpine Windows ). All money amounts are included on purchase orders on complaint.
Tony Hernandez and Jose Loya negotiated out all money amounts on purchase orders and invoices.
Please let me know if you need any other information. I will send over order dates for all purchase orders.
https://mail.google.com/mail/u/0/?ik=b3c9c6c218&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 3/5 10/16/23, 9:11 AM Received Legal State of Arizona Mail - Complaint# 2023-10020
10/14/2023
https://mail.google.com/mail/u/0/?ik=b3c9c6c218&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 4/5 10/16/23, 9:11 AM State of Arizona Mail - Complaint# 2023-10020 Received Legal 10/14/2023
Mike Vezina 559.994.6475 Cell 559.479.8287 Office 559.673.7642 Fax www.VEZINAINDUSTRIES.com [email redacted]
CONTINUOUS EFFORT – NOT STRENGTH OR INTELLIGENCE – IS THE KEY TO UNLOCKING OUR POTENTIAL. -Winston Churchill
The information contained within this message as well as any attachments are confidential and may be legally privileged. If this message is not intended for you it must not be read, copied, or used by you or disclosed to anyone else without the prior written consent of Vezina Industries. Please notify the sender immediately if you have received this message in error.
https://mail.google.com/mail/u/0/?ik=b3c9c6c218&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 5/5 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 Received Legal 10/14/2023 October 5, 2023
Via U.S. Mail and Email
Complainant Vezina Industries Inc. 33543 Avenue 9 Madera, CA 93636
Via U.S. Mail and Email
Respondent Vianngel's Window & Glass LLC 16508 S 202 Dr. Buckeye, AZ 85326
Re: Complaint No. 2023-10020
Dear Complainant:
The Registrar received your complaint filed against Vianngel's Window & Glass LLC for non-payment of materials or services rendered. This complaint is incomplete and will not be substantively reviewed by the Registrar until the following documentation is provided.
1. This complaint includes some invoices that are duplicative to the filed complaint in case 2023-10133. Please separate the invoices that are associated with case 2023-10133 and provide only those that pertain to this case 2023-10020.
2. Provide the negotiated agreed contract (signed) by both parties to support each invoice. If no written contract, provide a written statement describing the agreement that included the following information: • Reason written contract is not being provided (e.g. contractor did not provide a written contract, the contract is lost, the contract was destroyed). • A description of the work being performed under the econtract. • The date of the contract. • The names of the people who negotiated the contract. • The agreed upon amount of the contract.
You must provide the Registrar with the above-listed information within ten (10) days of this letters’ mailing date. The Registrar will close this complaint if the requested
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 information is not provided by October 15, 2023. You may provide the information 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]
Although, the complaint is incomplete at this time, Respondent is free to raise any issue or affirmative defense to this complaint and file a response with the Registrar. If the required information is provided and this complaint becomes complete, Respondent will be provided an additional opportunity to respond to the complaint.
Sincerely,
/s/ Tedi Quezada _________________ Tedi Quezada Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 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) Michael Richard Vezina Street Address City State Zip Code 33543 Avenue 9 Madera Arizona 93636 Phone Number Email Address (559) 479-8287 [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) Vianngel's Window & Glass LLC ROC 344612 Street Address City State Zip Code 16508 S 202 Dr Buckeye AZ 85326 Phone Number Email Address
Name of Person(s) Representing License Erick Murrieta Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $167,000.00 February 22, 2023 Have you filed a civil complaint?
List all specific invoices which have not been paid. Attach additional pages if necessary. PLEASE SEE ATTCHED
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 Michael Richard Vezina 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 Michael Richard Vezina Received 10/20/23, 10:18 AM State of Arizona Mail - Complaint Vianngel's... Responce (Case2023-10020) 10/19/2023 ROC Legal
Legal New Mail - AZROC <[email redacted]>
Complaint Vianngel's... Responce (Case2023-10020) message
Tony Murrieta <[email redacted]> Thu, Oct 19, 2023 at 11:38 AM To: [email redacted], [email redacted], Vianney Loya Sanchez <[email redacted]>
Hello, This issue has been resolved with DCI,Inc. 2200 Lucien way. Ste 195 Maitland, FL. Claim# 2023-23593 Debt Collectors International; With Manuel Rosario-Administrative. We have come to an agreement and have already 2 payments that have been successfully processed. We will continue until the correct amount owed upon is completed. The original agreement was always Credit Payments, but things took a drastic change when they became interested in our customers. Vianngels Windows & Glass provided Install work provided by Vezina and we also have Non-Payment issues with the company for the Labor during installations, that we will work out together. No actual contracts per order were ever provided/given, agreed only upon office verbally. Please see attachments which show the agreement and payments already processed. Thank You!
Thank you, Tony Murrieta (602) 820-6085 [email redacted] www.Vianngelswindows.com
attachments
Payment Receipt2.jpg 540K
Claim 2023-23593 RE Vezina Industries, Inc (2).pdf 265K Payment Receipt.pdf 93K
https://mail.google.com/mail/b/AEoRXRRx7to0JBVmJLVwaqBJDUbypAz1DrSdtTJPj2dCa7Y0_ASu/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 1/1 Received 10/19/2023 ROC Legal
September 8, 2023
Jose Loya Vianngel's Window & Glass, LLC 16508 S 202 Dr Buckeye AZ 85326
RE: Vezina Industries, Inc. Claim #: 2023-23593
Hardship Payment Plan Jose Loya,
Confirming our conversation, our client Vezina Industries, Inc. has agreed to accept, on an accord and satisfaction basis, payment arrangements regarding the current outstanding balance of $147,458.66.
This arrangement is contingent upon our office receiving your first payment in the amount of $10,000.00 on or before September 15, 2023.
The remaining payments in the amount of $10,000.00 are due on or before the 15 th of each month for the next 6 months. The payment dates are listed below:
$10,000.00 on 10/15/2023
$10,000.00 on 11/15/2023
$10,000.00 on 12/15/2023
$10,000.00 on 01/15/2024
$10,000.00 on 02/15/2024
$10,000.00 on 03/15/2024
We will reevaluate the payment structure on April 15, 2024.
Our bank details are listed below to effectuate payment. You can also make your payment with a credit/debit card by calling 678-214-3650 (Payments over $5000.00 must be made via ACH or bank Wire). Received 10/19/2023 ROC Legal Beneficiary Name: Debt Collectors International, Inc. Beneficiary Bank Name: JP Morgan Chase Bank NA Beneficiary Bank Address: 270 Park Ave New York, NY 10017 Swift Code: CHASUS33 Wire [account number redacted] ACH [account number redacted] [account number redacted]
Should you choose not to settle this matter in accordance with the terms above, we will attempt to seek not only the full balance owed, but we will also seek damages incurred by my client, all court costs involved in prosecuting this, the maximum amount of interest allowed by law as well as any and all attorney’s fees that my client spends attempting to resolve this matter.
Be governed accordingly, Received 10/19/2023 ROC Legal Tony Murrieta <[email redacted]>
Fwd: Your Same Day wire transfer was successfully sent message
Jose Loya <[email redacted]> Tue, Sep 19, 2023 at 5:50 PM To: "[email redacted]" <[email redacted]>
---------- Mensaje reenviado --------- De: Online Transfers from Bank of America <[email redacted]> Fecha: El lun, sep. 18, 2023 a la(s) 1:07 a.m. Asunto: Your Same Day wire transfer was successfully sent Para: <[email redacted]>
We have successfully sent the following transfer:
********************************************* Item #: [number redacted] Amount: $10,000.00 To: Vezina Industries Fee: 30.00 Send on Date: 09/15/2023 Service: Same Day *********************************************
If there is a problem with executing your request, we will notify you both by email and on the Manage Accounts tab. You can always check your transfer status on the Review Transfer screen at www.bankofamerica.com.
Sincerely,
Member Service
www.bankofamerica.com
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This email was sent to: [email redacted] Received 10/19/2023 ROC Legal REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Case No. 2023-10020 Vezina Industries Inc.,
COMPLAINANT, v. CITATION Vianngel's Window & Glass LLC License No. ROC 344612,
RESPONDENT.
The Registrar issues this Citation to Vianngel's Window & Glass LLC (“Respondent”)
under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 18, 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 September 20, 2023, Vezina Industries Inc. (“Complainant”) filed a written
complaint with the Registrar. A copy of that Complaint is attached to this Citation.
A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT
The Registrar investigated this matter and finds cause to charge Respondent with
violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged
with violating:
Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.
If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-10020. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than November 18, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated November 3, 2023. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, November 3, 2023 to:
Respondent Certified Mail No: [number redacted]
Vianngel's Window & Glass LLC 16508 S 202nd Dr. Buckeye, AZ 85326 of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy mailed by USPS First Class mail this same date to: Respondent Vianngel's Window & Glass LLC 16508 S 202nd Dr. Buckeye, AZ 85326 Complainant Vezina Industries Inc. 33543 Avenue 9 Madera, CA 93636 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. 2023-10020/tq
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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Via U.S. Mail and Email
Complainant Vezina Industries Inc. 33543 Avenue 9 Madera, CA 93636
Via U.S. Mail and Email
Respondent Vianngel's Window & Glass LLC 16508 S 202 Dr. Buckeye, AZ 85326
Re: Complaint No. 2023-10020
Dear Complainant and Respondent:
The Registrar received a complaint filed against Vianngel's Window & Glass 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 October 24, 2023. Please reference the complaint number listed above if you file a response. Respondent may file a response by:
Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]
The Registrar will not issue a citation before October 24, 2023 and will review Respondent’s response, if one is submitted.
Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.
Sincerely,
/s/ Tedi Quezada ________________ 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Tedi Quezada Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 10/16/23, 9:11 AM Received Legal State of Arizona Mail - Complaint# 2023-10020
10/14/2023 Tedi Quezada <[email redacted]>
Complaint# 2023-10020 message
Mike Vezina <[email redacted]> Sat, Oct 14, 2023 at 2:08 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]>
Hello Tedi,
Please see dates on all orders in PDF below. Please let me know if you have any other questions. I also have a copy of all payments and the bounced checks that they gave me as well. Thanks.
Mike Vezina 559.994.6475 Cell 559.479.8287 Office 559.673.7642 Fax www.VEZINAINDUSTRIES.com [email redacted]
CONTINUOUS EFFORT – NOT STRENGTH OR INTELLIGENCE – IS THE KEY TO UNLOCKING OUR POTENTIAL. -Winston Churchill
https://mail.google.com/mail/u/0/?ik=b3c9c6c218&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/5 10/16/23, 9:11 AM State of Arizona Mail - Complaint# 2023-10020 Received Legal 10/14/2023
The information contained within this message as well as any attachments are confidential and may be legally privileged. If this message is not intended for you it must not be read, copied, or used by you or disclosed to anyone else without the prior written consent of Vezina Industries. Please notify the sender immediately if you have received this message in error.
From: Tony Hernandez <[email redacted]> Sent: Friday, October 13, 2023 3:54 PM To: Mike Vezina <[email redacted]> Subject: Re: Complaint# 2023-10020
Mike,
See attached link dates on all orders in email. CCF_000608.pdf
Tony Hernandez 602-499-8947 [email redacted] 7310 W Roosevelt St Ste A12 Phoenix, AZ 85043-2219
From: Mike Vezina <[email redacted]> Sent: Friday, October 13, 2023 2:46 PM
https://mail.google.com/mail/u/0/?ik=b3c9c6c218&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/5 10/16/23, 9:11 AM Received Legal State of Arizona Mail - Complaint# 2023-10020 To: [email redacted] <[email redacted]>; [email redacted] <[email redacted]> Cc: Tony Hernandez <[email redacted]> 10/14/2023 Subject: Complaint# 2023-10020
Good afternoon Tedi,
Please see the responses to the letter of complaint 2023-10020;
In response to question #1 below, accidently filed two complaints as the first one was not showing on the web site. Complaint 2023- 10133 is now closed.
Response to question # 2; Vezina Industries Inc. ( Tony Hernandez ) provided materials only to Vianngels Glass ( Jose Loya ). These material purchases were initiated by Vianngel’s glass by giving us a purchase order per order. This was our contract per order. These materials were priced out and agreed upon in office as Viannngels shared office space with us. Materials were paid for at pick up until Vianngels got behind in payments and checks started to bounce. We gave credit to Vianngel’s glass ( Jose Loya ) as he was telling us he was refinancing his house and would pay us off. He also sent us emails from mortgage companies to support this. There are not dates on his purchase orders but we have dates of all orders placed by him with the manufacturer ( Alpine Windows ). All money amounts are included on purchase orders on complaint.
Tony Hernandez and Jose Loya negotiated out all money amounts on purchase orders and invoices.
Please let me know if you need any other information. I will send over order dates for all purchase orders.
https://mail.google.com/mail/u/0/?ik=b3c9c6c218&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 3/5 10/16/23, 9:11 AM Received Legal State of Arizona Mail - Complaint# 2023-10020
10/14/2023
https://mail.google.com/mail/u/0/?ik=b3c9c6c218&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 4/5 10/16/23, 9:11 AM State of Arizona Mail - Complaint# 2023-10020 Received Legal 10/14/2023
Mike Vezina 559.994.6475 Cell 559.479.8287 Office 559.673.7642 Fax www.VEZINAINDUSTRIES.com [email redacted]
CONTINUOUS EFFORT – NOT STRENGTH OR INTELLIGENCE – IS THE KEY TO UNLOCKING OUR POTENTIAL. -Winston Churchill
The information contained within this message as well as any attachments are confidential and may be legally privileged. If this message is not intended for you it must not be read, copied, or used by you or disclosed to anyone else without the prior written consent of Vezina Industries. Please notify the sender immediately if you have received this message in error.
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Via U.S. Mail and Email
Complainant Vezina Industries Inc. 33543 Avenue 9 Madera, CA 93636
Via U.S. Mail and Email
Respondent Vianngel's Window & Glass LLC 16508 S 202 Dr. Buckeye, AZ 85326
Re: Complaint No. 2023-10020
Dear Complainant:
The Registrar received your complaint filed against Vianngel's Window & Glass LLC for non-payment of materials or services rendered. This complaint is incomplete and will not be substantively reviewed by the Registrar until the following documentation is provided.
1. This complaint includes some invoices that are duplicative to the filed complaint in case 2023-10133. Please separate the invoices that are associated with case 2023-10133 and provide only those that pertain to this case 2023-10020.
2. Provide the negotiated agreed contract (signed) by both parties to support each invoice. If no written contract, provide a written statement describing the agreement that included the following information: • Reason written contract is not being provided (e.g. contractor did not provide a written contract, the contract is lost, the contract was destroyed). • A description of the work being performed under the econtract. • The date of the contract. • The names of the people who negotiated the contract. • The agreed upon amount of the contract.
You must provide the Registrar with the above-listed information within ten (10) days of this letters’ mailing date. The Registrar will close this complaint if the requested
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 information is not provided by October 15, 2023. You may provide the information 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]
Although, the complaint is incomplete at this time, Respondent is free to raise any issue or affirmative defense to this complaint and file a response with the Registrar. If the required information is provided and this complaint becomes complete, Respondent will be provided an additional opportunity to respond to the complaint.
Sincerely,
/s/ Tedi Quezada _________________ Tedi Quezada Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 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) Michael Richard Vezina Street Address City State Zip Code 33543 Avenue 9 Madera Arizona 93636 Phone Number Email Address (559) 479-8287 [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) Vianngel's Window & Glass LLC ROC 344612 Street Address City State Zip Code 16508 S 202 Dr Buckeye AZ 85326 Phone Number Email Address
Name of Person(s) Representing License Erick Murrieta Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $167,000.00 February 22, 2023 Have you filed a civil complaint?
List all specific invoices which have not been paid. Attach additional pages if necessary. PLEASE SEE ATTCHED
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 Michael Richard Vezina 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 Michael Richard Vezina [number redacted]ÿ6703ÿ89 ÿÿ8 ÿ9 ÿÿ ÿÿ22302ÿ ÿ Received Legal 11/20/2023 1234ÿ6728939ÿ:;234<=728939>?@A<98<B@CD
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!711" #"1" 1$11%&'(3#)#*#206+,'!+ #' +! " ' 70-6303262*.30).*-./-"70-6303262*.30).*-.0 010 Transfer Submitted Received Legal close window
Print this Page 11/20/2023 Transfer status: Scheduled Order number:[number redacted]
Transfer Accounts
From: Vianngels Windows and Glass : Avail. Bal $11,304.30
To: Vezina Industries (Chase Bank)
Transfer Details
Send amount
Send amount: $10,000.00
Additional fee: $30.00
Transfer description
Vezina pmt
Transfer dates
Frequency: One time on...
Delivery speed: Same Day
Start on date: 11/21/2023
Estimated delivery date: 11/21/2023 Note:The receiving bank may make funds available later than this. Received Legal Tony Murrieta <[email redacted]> 11/20/2023 Claim: 2023-23593 RE: Vezina Industries, Inc. messages
Manuel Rosaro <[email redacted]> Tue, Nov 14, 2023 at 4:11 PM To: loyajose2323 <[email redacted]> Cc: TonyM <[email redacted]>
Tony Murrieta Vianngel's Window & Glass, LLC 16508 S 202 Dr Buckeye AZ 85326
RE: Vezina Industries, Inc. Claim: 2023-23593
Tony Murrieta,
Please be advised the next monthly payment on the account in the amount of $10,000.00 is due on or before November 16, 2023.
Our bank details are listed below to effectuate payment:
Beneficiary Name: Debt Collectors International, Inc. Beneficiary Bank Name: JP Morgan Chase Bank NA Beneficiary Bank Address: 270 Park Ave New York, NY 10017 Swift Code: CHASUS33 Wire [account number redacted] ACH [account number redacted] [account number redacted]
Cordially,
Manuel Rosario Senior Claims Administrator Debt Collectors International, Inc. Phone: 678-214-3650 ex 106 Fax: 678-214-3652 DebtCollectorsInternational.Com
Tony Murrieta <[email redacted]> Wed, Nov 15, 2023 at 4:07 PM To: Manuel Rosaro <[email redacted]>, Vianney Loya Sanchez <[email redacted]> Cc: loyajose2323 <[email redacted]>
Thank You Manuel, We have made the payment accordingly.
Submitted 11/15/2023 Received Legal 11/20/2023 Tony Murrieta <[email redacted]>
Fwd: Your Same Day wire transfer was successfully sent message
Jose Loya <[email redacted]> Tue, Sep 19, 2023 at 5:50 PM To: "[email redacted]" <[email redacted]>
---------- Mensaje reenviado --------- De: Online Transfers from Bank of America <[email redacted]> Fecha: El lun, sep. 18, 2023 a la(s) 1:07 a.m. Asunto: Your Same Day wire transfer was successfully sent Para: <[email redacted]>
We have successfully sent the following transfer:
********************************************* Item #: [number redacted] Amount: $10,000.00 To: Vezina Industries Fee: 30.00 Send on Date: 09/15/2023 Service: Same Day *********************************************
If there is a problem with executing your request, we will notify you both by email and on the Manage Accounts tab. You can always check your transfer status on the Review Transfer screen at www.bankofamerica.com.
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Member Service
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This email was sent to: [email redacted] Received Legal 11/20/2023 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