2023A-11597-NPC-ROC-RHG Notice of Hearing and Packet MAILED

2023A-11597-NPC-ROC-RHG · Registrar of Contractors · 2024-04-05

REGISTRAR OF CONTRACTORS OF

Nuwaves Shotcrete Solutions LLC, Case No. 2023-11597

COMPLAINANT, Docket No. 2023A-11597-NPC-ROC- RHG v. NOTICE OF HEARING ON Bill's Pool Service Inc CONTESTED CASE DBA: Money's Worth Pool Construction License No. ROC 127739,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

May 23, 2024 1:00 PM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person. If you have requested to appear in-person at the hearing, the hearing will

be held at 1740 W Adams Street, Phoenix, AZ 85007.

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on November 7, 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/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 April 4, 2024.

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

Copy mailed via USPS First Class mail April 4, 2024 to: Respondent(s) Bill's Pool Service Inc DBA: Money's Worth Pool Construction, 515 E Carefree HWY PMB 356 Phoenix, AZ 85085

Complainant(s) Nuwaves Shotcrete Solutions LLC 21725 North 20th Ave PHOENIX, AZ 85027

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. 2023-11597 /

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 19, 2023

Via U.S. Mail and Email

Complainant Nuwaves Shotcrete Solutions LLC 21725 North 20th Ave PHOENIX, AZ 85027

Respondent Bill's Pool Service Inc. DBA: Money's Worth Pool Construction 703 E Carefree hwy Phoenix, AZ 85085

Re: Complaint No. 2023-11597

Dear Complainant and Respondent:

The Registrar received a complaint filed against Bill's Pool Service Inc., DBA: Money's Worth Pool Construction, 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 26, 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 26, 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/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Registrar of Contractors

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

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

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Jonas Riggins Street Address City State Zip Code 7611 E Ninth Way PHOENIX Arizona 85042 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Bill's Pool Service Inc ROC 22754 Street Address City State Zip Code

Phone Number Email Address

Name of Person(s) Representing License William Griffin;Carol Ann Griffin Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $34,495.94 June 29, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. Invoice - 6/29/23 Christy Longstreet 43715 N 65st Cave Creek, AZ 85331 TOTAL INVOICE DUE $20,246.38; Invoice - 6/29/2023 Loberg Builder/Avery 6347 E Carriage Tr Cave Creek, AZ 85331 TOTAL INVOIVE DUE $10,724.56 ; Invoice - 7/6/2023 Loberg Builder/Rosen 42234 N Old Mine RD. & Saguaro Rd Maricopa City AZ TOTAL INVOICE DUE $3,525.00

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 Jonas Riggins 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 Jonas Riggins INVOICE NuWaves Shotcrete (ROC 340756) 2815 S. Alma School Rd. Unit 114 Mesa, Arizona 85210 United States

Phone: [number redacted] Mobile: [number redacted]

BILL TO Invoice Number: Christy Longstreet Money's Worth Pools William Griffin P.O./S.O. Number: 43715 N 65st Cave 703 East Carefree Highway Creek, AZ 85331 Phoenix, Arizona 85085 United States Invoice Date: June 29, 2023

602-695-7665 Payment Due: June 29, 2023 [email redacted] Amount Due (USD): $20,246.38

Items Quantity Price Amount

Shotcrete 40 $340.00 $13,600.00 Pool - Yards

Shotcrete Additions 1 $2,350.00 $2,350.00 Negative Edge

Shotcrete additions 1 $1,200.00 $1,200.00 Prewire

Shotcrete Additions 76 $20.00 $1,520.00 Strip and Finish Whole Pool 76'

Shotcrete Additions 5 $65.00 $325.00 Stools

Shotcrete Additions 1 $35.00 $35.00 Travel

Shotcrete Additions 1 $25.00 $25.00 Washout

Shotcrete Additions 1 $1,296.38 $1,296.38 Short Load Fee For Calportland

Page 1 of 2 for Invoice #Christy Longstreet INVOICE NuWaves Shotcrete (ROC 340756) 2815 S. Alma School Rd. Unit 114 Mesa, Arizona 85210 United States

Phone: [number redacted] Mobile: [number redacted]

Subtotal: $20,351.38 Sonotubes Bill Paid For. Thanks Buddy (5) $21 a piece: ($105.00)

Total: $20,246.38

Amount Due (USD): $20,246.38

Page 2 of 2 for Invoice #Christy Longstreet INVOICE NuWaves Shotcrete (ROC 340756) 2815 S. Alma School Rd. Unit 114 Mesa, Arizona 85210 United States

Phone: [number redacted] Mobile: [number redacted]

BILL TO Invoice Number: Loberg Money's Worth Pools Builder/Rosen William Griffin 703 East Carefree Highway P.O./S.O. Number: 42234 N Old Mine Phoenix, Arizona 85085 RD. & Saguaro Rd United States Maricopa City AZ

602-695-7665 Invoice Date: July 6, 2023 [email redacted] Payment Due: July 6, 2023 Amount Due (USD): $3,525.00

Items Quantity Price Amount

Shotcrete 6 $340.00 $2,040.00 Pool - Yards

Shotcrete Additions 1 $1,400.00 $1,400.00 Flash

Shotcrete Additions 1 $50.00 $50.00 Travel

Shotcrete Additions 1 $35.00 $35.00 Washout

Subtotal: $3,525.00

Total: $3,525.00

Amount Due (USD): $3,525.00 INVOICE NuWaves Shotcrete (ROC 340756) 2815 S. Alma School Rd. Unit 114 Mesa, Arizona 85210 United States

Phone: [number redacted] Mobile: [number redacted]

BILL TO Invoice Number: Loberg Builder/Avery Money's Worth Pools William Griffin P.O./S.O. Number: 6347 E Carriage Tr 703 East Carefree Highway Cave Creek, AZ Phoenix, Arizona 85085 85331 United States Invoice Date: June 29, 2023 602-695-7665 [email redacted] Payment Due: June 29, 2023 Amount Due (USD): $10,724.56

Items Quantity Price Amount

Shotcrete 26 $340.00 $8,840.00 Pool - Yards

Shotcrete Additions 1 $924.56 $924.56 Short Load Fee

Shotcrete Additions 1 $500.00 $500.00 Wires

Shotcrete Additions 1 $400.00 $400.00 40' of Strip and Finish

Shotcrete Additions 1 $35.00 $35.00 Travel

Shotcrete Additions 1 $25.00 $25.00 Washout

Subtotal: $10,724.56

Total: $10,724.56

Amount Due (USD): $10,724.56 10/27/23, 8:36 AM State of Arizona Mail - complaint 2023-11597

Legal New Mail - AZROC <[email redacted]>

complaint 2023-11597 message

Moneys Worth Pool Griffin <[email redacted]> Thu, Oct 26, 2023 at 1:27 PM To: Legal New Mail - AZROC <[email redacted]>

Good afternoon, I have spoke to the complainant and we have an agreement to settle this complaint. I agree with the Loberg Avery invoice with the exceptions of there were no wires on this job. The pool was built in a

concrete box. No wires needed. They did not pull from the house so the pool baja step required so we had to be floated out it was 6” off in 5 ft. I will back charge them 400.00 for this mistake. There was no strip and finish at all on this job. Nothing to strip and finish!

Loberg / Avery job

Bill total $10724.56

Wires not used -500.00

Strip and finish, there was none - 400.00

Washout I have never been -25.00

charged for washout on their pump

short load fees are not right as

the mixers were backing up the

hill so the short loads didn’t happen -924.56

baja back charge -400.00

total payout $8475.00

Loberg Rosen flash job

Bill total $ 3525.00

Total payout $ 0.00

I disagree with this bill completely. It took four trips to get this pool shot. Two pull offs The crew leader Victor was combative the four times they came out and he actually went toe to toe with me before backing down. Nuwaves had to pull a young man on the crew off the job after several heated discussions. I still don’t know why he wanted to fight. We finally started shooting the pool on the third try, I was there all day. I left at the end of the job and shot the pool and spa but not the basin. They came back after a couple of days to do the basin. I discussed with the crew leader Victor about doing a strip and finish the back of the basin wall to straighten it up as the forms were bad and it needed to be done. I even brought a ladder for him so it would be easier to pull the forms. After the flash the wall was and still not verticle and wavy after they tried to correct with a flash . The general contractor is still not happy with basin wall. He hasn’t back charged me yet and hopefully he doesn’tThis strip and finish should have been done the second day they were shooting the neg edge basin. It would have been easy at that point. Washout is 35.00 on this bill not 25.00 like on the others

Victor the crew leader is a miserable person. I have never said a cross word to him and it is very difficult to get him follow directions. Which he usually doesn’t.

https://mail.google.com/mail/b/AEoRXRR1g-GK_DxvlOhbQ9_cM8XQEPnSJV0RW0P62XR2WxUu3DNg/u/0/?ik=d3afebeda9&view=pt&search=all&p… 1/2 10/27/23, 8:36 AM State of Arizona Mail - complaint 2023-11597 Longstreet job

Bill total $20,246.38

Again the short loads don’t apply

as they were backing up the hill again -$1296.38

bill total $18, 950.

I truly regret that I am in in this position I cant do but so much in this current business climate as everything new has been stopped for a long time

I will pay Nuwaves 3000.00 per month if not more with no prepayment penalty. Hopefully things pick up !!

On this the total would be $18950.00 + $8,475.00 = $27425.00

Bill Griffin

Moneys Worth Pool

623-582-2455

Sent from Mail for Windows

https://mail.google.com/mail/b/AEoRXRR1g-GK_DxvlOhbQ9_cM8XQEPnSJV0RW0P62XR2WxUu3DNg/u/0/?ik=d3afebeda9&view=pt&search=all&p… 2/2 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Nuwaves Shotcrete Solutions LLC, Case No. 2023-11597 COMPLAINANT, v. CITATION Bill's Pool Service Inc., DBA: Money's Worth Pool Construction, License No. ROC 227545, RESPONDENT.

The Registrar issues this Citation to Bill's Pool Service Inc., DBA: Money's Worth Pool Construction (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 22, 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 October 5, 2023, Nuwaves Shotcrete Solutions LLC (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for 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 materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-11597. 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 22, 2023. 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 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). 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 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 written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated November 7, 2023. By: /s/ Chance Peterson Chance Peterson General Counsel Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, November 7, 2023 to:

Respondent Certified Mail No: [number redacted] // // 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 Bill's Pool Service Inc. DBA: Money's Worth Pool Construction 515 E Carefree Hwy PMB 356 Phoenix, AZ 85085

Copy mailed by USPS First Class mail this same date to: Respondent Bill's Pool Service Inc. DBA: Money's Worth Pool Construction 515 E Carefree Hwy PMB 356 Phoenix, AZ 85085

Complainant Nuwaves Shotcrete Solutions LLC 21725 North 20th Ave Phoenix, AZ 85027 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. 2023-11597/ GM

of 5

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

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

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Bill's Pool Service Inc ROC 22754 Street Address City State Zip Code

Phone Number Email Address

Phone: [number redacted] Mobile: [number redacted]

602-695-7665 Payment Due: June 29, 2023 [email redacted] Amount Due (USD): $20,246.38

Items Quantity Price Amount

Shotcrete 40 $340.00 $13,600.00 Pool - Yards

Shotcrete Additions 1 $2,350.00 $2,350.00 Negative Edge

Shotcrete additions 1 $1,200.00 $1,200.00 Prewire

Shotcrete Additions 76 $20.00 $1,520.00 Strip and Finish Whole Pool 76'

Shotcrete Additions 5 $65.00 $325.00 Stools

Shotcrete Additions 1 $35.00 $35.00 Travel

Shotcrete Additions 1 $25.00 $25.00 Washout

Shotcrete Additions 1 $1,296.38 $1,296.38 Short Load Fee For Calportland

Page 1 of 2 for Invoice #Christy Longstreet INVOICE NuWaves Shotcrete (ROC 340756) 2815 S. Alma School Rd. Unit 114 Mesa, Arizona 85210 United States

Phone: [number redacted] Mobile: [number redacted]

Subtotal: $20,351.38 Sonotubes Bill Paid For. Thanks Buddy (5) $21 a piece: ($105.00)

Total: $20,246.38

Amount Due (USD): $20,246.38

Page 2 of 2 for Invoice #Christy Longstreet INVOICE NuWaves Shotcrete (ROC 340756) 2815 S. Alma School Rd. Unit 114 Mesa, Arizona 85210 United States

Phone: [number redacted] Mobile: [number redacted]

602-695-7665 Invoice Date: July 6, 2023 [email redacted] Payment Due: July 6, 2023 Amount Due (USD): $3,525.00

Items Quantity Price Amount

Shotcrete 6 $340.00 $2,040.00 Pool - Yards

Shotcrete Additions 1 $1,400.00 $1,400.00 Flash

Shotcrete Additions 1 $50.00 $50.00 Travel

Shotcrete Additions 1 $35.00 $35.00 Washout

Subtotal: $3,525.00

Total: $3,525.00

Amount Due (USD): $3,525.00 INVOICE NuWaves Shotcrete (ROC 340756) 2815 S. Alma School Rd. Unit 114 Mesa, Arizona 85210 United States

Phone: [number redacted] Mobile: [number redacted]

Items Quantity Price Amount

Shotcrete 26 $340.00 $8,840.00 Pool - Yards

Shotcrete Additions 1 $924.56 $924.56 Short Load Fee

Shotcrete Additions 1 $500.00 $500.00 Wires

Shotcrete Additions 1 $400.00 $400.00 40' of Strip and Finish

Shotcrete Additions 1 $35.00 $35.00 Travel

Shotcrete Additions 1 $25.00 $25.00 Washout

Subtotal: $10,724.56

Total: $10,724.56

Amount Due (USD): $10,724.56 11/16/23, 1:18 PM State of Arizona Mail - complaint 2023-11597

Legal New Mail - AZROC <[email redacted]>

complaint 2023-11597 messages

Moneys Worth Pool Griffin <[email redacted]> Thu, Oct 26, 2023 at 1:27 PM To: Legal New Mail - AZROC <[email redacted]>

Loberg / Avery job

Bill total $10724.56

Wires not used -500.00

Strip and finish, there was none - 400.00

Washout I have never been -25.00

charged for washout on their pump

short load fees are not right as

the mixers were backing up the

hill so the short loads didn’t happen -924.56

baja back charge -400.00

total payout $8475.00

Loberg Rosen flash job

Bill total $ 3525.00

Total payout $ 0.00

Victor the crew leader is a miserable person. I have never said a cross word to him and it is very difficult to get him follow directions. Which he usually doesn’t.

https://mail.google.com/mail/b/AEoRXRTI-m_ugf8K-FfdOLYscnjprWAlYr2byZPcf4j2OijaaFnY/u/0/?ik=d3afebeda9&view=pt&search=all&permthid=thre… 1/2 11/16/23, 1:18 PM State of Arizona Mail - complaint 2023-11597 Longstreet job

Bill total $20,246.38

Again the short loads don’t apply

as they were backing up the hill again -$1296.38

bill total $18, 950.

I truly regret that I am in in this position I cant do but so much in this current business climate as everything new has been stopped for a long time

I will pay Nuwaves 3000.00 per month if not more with no prepayment penalty. Hopefully things pick up !!

On this the total would be $18950.00 + $8,475.00 = $27425.00

Bill Griffin

Moneys Worth Pool

623-582-2455

Sent from Mail for Windows

Moneys Worth Pool Griffin <[email redacted]> Thu, Nov 16, 2023 at 7:55 AM To: Legal New Mail - AZROC <[email redacted]>

Good morning. I would like to appeal this complaint. The billings are inaccurate and I would like to be heard about these charges

Respectively

Bill Griffin

Sent from Mail for Windows

[Quoted text hidden]

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IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Nuwaves Shotcrete Solutions, LLC, No. 2023A-11597-NPC-ROC

COMPLAINANT, MINUTE ENTRY - GRANTING CONTINUANCE v. AND Bill's Pool Service, Inc. DBA: Money's Worth Pool Construction SETTING HEARING VIA License No. ROC 227545, GOOGLE MEET RESPONDENT.

At the request of Complainant and good cause appearing, the hearing in the above- entitled matter is continued to February 5, 2024, at 9:00 a.m. The hearing in this matter will be conducted either by video conferencing or telephone participation through Google Meet as follows:

Meeting ID meet.google.com/qbv-bztj-fum Phone Numbers (US)+1 862-243-7609 PIN: 447 313 187#

Click on the Google Meet video conference link if you wish to join by video conference. To join by telephone, please dial the ten digit telephone number. You will then be immediately prompted to enter the PIN followed by the # sign.

Done this day, January 12, 2024.

/s/ Sondra J. Vanella Administrative Law Judge

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 LEGAL RECEIVED 01/12/2024

Transmitted by e-mail to: Tom Cole, Director Registrar of Contractors c/o Legal Department [email redacted]

Bill's Pool Service, Inc. DBA: Money's Worth Pool Construction [email redacted] Nuwaves Shotcrete Solutions, LLC [email redacted]

By: OAH Staff

1/12/24, 4:49 PM State of Arizona Mail - 2023A-11597-NPC-ROC Nuwaves Shotcrete Solutions LLC v. LEGAL Bill's Pool 01/12/2024 RECEIVED Service Inc

OAH Electronic Documents - AZROC <[email redacted]>

2023A-11597-NPC-ROC Nuwaves Shotcrete Solutions LLC v. Bill's Pool Service Inc message

OAH <[email redacted]> Fri, Jan 12, 2024 at To: [email redacted], [email redacted] Cc: OAH Electronic Documents - AZROC <[email redacted]>

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

1133403.PDF 7K

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Legal New Mail - AZROC <[email redacted]>

2023A-11597 -npc-roc messages

Moneys Worth Pool Griffin <[email redacted]> Fri, Jan 26, 2024 at 4:06 PM To: Legal New Mail - AZROC <[email redacted]>

Good afternoon I am in recept of the hearing schueduled for Febuary 05 2024 at 9.00am telephonic and Google Meet. I will need to reschedule as I have conflict with that date. I will be out of town and out of range of communication. Respectfully Bill Griffin Moneys Worth Pool Legal New Mail - AZROC <[email redacted]> Mon, Jan 29, 2024 at 2:36 PM To: Moneys Worth Pool Griffin <[email redacted]>

Good afternoon. You will need to file a request to continue with the Office of Administrative Hearings.

Thank you,

Arizona Registrar of Contractors Legal Department

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

[Quoted text hidden]

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IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Nuwaves Shotcrete Solutions, LLC, No. 2023A-11597-NPC-ROC

COMPLAINANT, ADMINISTRATIVE LAW JUDGE DECISION v.

Bill's Pool Service, Inc. DBA: Money's Worth Pool Construction License No. ROC 227545, RESPONDENT.

HEARING: February 5, 2024 APPEARANCES: Lisa Riggins appeared on behalf of Complainant Nuwaves Shotcrete Solutions, LLC. Respondent Bill’s Pool Service, Inc., doing business as Money’s Worth Pool Construction, failed to appear. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella EXHIBITS ADMITTED INTO EVIDENCE: Complainant’s Exhibits admitted; Administrative Notice taken of Agency Record FINDINGS OF FACT 1. Bill’s Pool Service, Inc., doing business as Money’s Worth Pool Construction (“Respondent”), is the holder of License Number 227545 issued by the Arizona Registrar of Contractors (“Registrar”). 2. In October 2023, Nuwaves Shotcrete Solutions, LLC (“Complainant”) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $34,495.94 for the provision and installation of shotcrete at three of Respondent’s jobsite locations. 3. The parties were unable to resolve their differences. The Registrar issued a Citation against Respondent for its alleged violation of A.R.S. § 32-1154(A)(10). 4. The matter was set for administrative hearing before the Office of Administrative Hearings on January 11, 2024, at 9:00 a.m., pursuant to the Notice of Hearing issued to the parties by the Registrar. On the date set for hearing, Complainant’s

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 Received 2/8/2024 ROC Legal

representative filed a Motion to Continue the hearing for health related reasons. The Motion was granted. 5. On January 12, 2024, the Tribunal issued to the parties at their respective email addresses of record, a Minute Entry Granting Continuance and Setting Hearing Via Google Meet. The Minute Entry advised the parties of the continued hearing date and time of February 5, 2024, at 9:00 a.m., and provided the correct Google Meet link for participation in the hearing either by video or phone. 6. On the date and at the time set for continued hearing, Complainant’s co- owner, Lisa Riggins, appeared on behalf of Complainant. Respondent failed to appear, notwithstanding proper notice. After a grace period, the matter proceeded to hearing. 7. Ms. Riggins testified that Respondent contracted with Complainant for Complainant to provide and install shotcrete for three projects. Ms. Riggins testified that Complainant performed the shotcrete installation for the Christy Longstreet project on June 28, 2023, and on June 29, 2023, invoiced Respondent in the amount of $20,246.38. Ms. Riggins testified that Respondent performed the shotcrete installation for the Loberg Builder/Avery project on June 27, 2023, and on June 29, 2023, Respondent invoiced Respondent in the amount of $10,724.56. On November 10, 2023, Respondent paid Complainant $3,000.00 toward the Loberg Builder/Avery project, leaving a remaining balance of $7,724.56. Ms. Riggins testified that Respondent performed shotcrete installation for the Loberg Builder/Rosen project on July 6, 2023, and on that same date, invoiced Respondent in the amount of $3,525.00. 8. Ms. Riggins testified that she offered Respondent the opportunity to arrange a payment plan and called, emailed, and texted Respondent approximately sixty times. Ms. Riggins further testified that Respondent is no longer open for business. 9. Respondent failed to appear for hearing and therefore, did not present any controverting evidence. CONCLUSIONS OF LAW 1. The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement and the standard of proof on all issues in this matter is by a preponderance of the evidence1. See A.A.C. R2-19-119.

Received 2/8/2024 ROC Legal

2. A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.”2 3. A.R.S. § 32-1154(A)(10) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, [f]ailure 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 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. 4. The credible evidence presented at hearing established that Respondent continues to owe Complainant a total of $31,495.94 for the shotcrete installation at the three projects referenced above, taking into account the $3,000.00 paid by Respondent. 5. Respondent failed to appear, and as such, failed to establish by a preponderance of the evidence that it lacked the ability to pay Complainant for the services/materials provided. 6. Therefore, Complainant established that Respondent violated A.R.S. § 32- 1154(A)(10) by failing to pay Complainant $31,495.94 for services or materials rendered in connection with Respondent’s contracting business. 7. Based upon Respondent’s violation of the provisions of A.R.S. § 32- 1154(A)(10), grounds exist to impose discipline against Respondent’s license. RECOMMENDED ORDER Based on the foregoing, it is recommended that the Registrar suspend Respondent’s License Number 227545 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $31,495.94 in certified funds. It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $31,495.94 in certified funds, the Registrar may close the Complaint in Case Number 2023-11597.

MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960).

Received 2/8/2024 ROC Legal

Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification. Done this day, February 8, 2024.

/s/ Sondra J. Vanella Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director Registrar of Contractors

Bill's Pool Service Inc. DBA: Money's Worth Pool Construction [email redacted] Nuwaves Shotcrete Solutions, LLC [email redacted]

By: OAH Staff

2/15/24, 9:40 AM State of Arizona Mail - Re: New ALJ Decision transmitted for ROC (2023A-11597-NPC-ROC)

Legal New Mail - AZROC <[email redacted]>

Re: New ALJ Decision transmitted for ROC (2023A-11597-NPC-ROC) message

Moneys Worth Pool Griffin <[email redacted]> Tue, Feb 13, 2024 at 2:44 PM To: Legal New Mail - AZROC <[email redacted]>

Good afternoon, I had sent an email to OAH to reschedule this hearing. I have been notified that the hearing went on without me as I was out of town. I have been trying to get the OAH to respond to me ever since I received the notice of the decision done without me. I have since sent two more emails to no avail. I have called three times and left messages nobody called back. I would like to reschedule this hearing. Let me know what I need to do asap. Thanks Bill

From: OAH Electronic Decision Transmission System <[email redacted]> Sent: Thursday, February 8, 2024 4:20 PM To: [email redacted] <[email redacted]> Subject: New ALJ Decision transmitted for ROC (2023A-11597-NPC-ROC)

This is a message from the Arizona Office of Administrative Hearings to inform you that a decision has been transmitted to Registrar of Contractors. The details are as follows:

Matter ID: 2023A-11597-NPC-ROC Filed on: 2/8/2024

https://mail.google.com/mail/b/AEoRXRSwQsz6JIzyw5AaQLtLa68NeytxPhB39O9nYJWITWZBsNH2/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/2 2/15/24, 9:40 AM State of Arizona Mail - Re: New ALJ Decision transmitted for ROC (2023A-11597-NPC-ROC) The decision is attached to this e-mail. If you have any questions, please contact the Arizona Office of Administrative Hearings.

https://mail.google.com/mail/b/AEoRXRSwQsz6JIzyw5AaQLtLa68NeytxPhB39O9nYJWITWZBsNH2/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 2/2 2/15/24, 9:41 AM State of Arizona Mail - Re: New ALJ Decision transmitted for ROC (2023A-11597-NPC-ROC)

Legal New Mail - AZROC <[email redacted]>

Re: New ALJ Decision transmitted for ROC (2023A-11597-NPC-ROC) Legal New Mail - AZROC <[email redacted]> Thu, Feb 15, 2024 at 9:41 AM To: Moneys Worth Pool Griffin <[email redacted]>

Good morning. Once the Final Administrative Decision and Order is filed, you may file a request for rehearing or review.

Please provide proof that you emailed the Office of Administrative Hearings prior to the hearing.

Thank you,

Arizona Registrar of Contractors Legal Department

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

[Quoted text hidden]

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Legal New Mail - AZROC <[email redacted]>

Fw: 2023A 11597 attn Gail Mathews Moneys Worth Pool Griffin <[email redacted]> Thu, Feb 15, 2024 at 4:11 PM To: Legal New Mail - AZROC <[email redacted]>

I need to request a new hearing I sent in an email asking for a reschedule on 1/26/24 at 4:06 pm as shown on the email attachment that was sent. The hearing went ahead and was done without me. The hearing was scheduled for 2/5/24. I now have a citation for this. I was told that I need to communicate with you directly to get a hearing reschedule done. Also the compliant was attached to my commercial license 227545. This job was residential. I dont know what I have to do to get a reschedule other than send an email and try to call . Calls generally dont work as you have to leave a message which is never returned. Thanks Bill Griffin Bills Pool Service inc since 1997 623-582-2455 From: Moneys Worth Pool Griffin <[email redacted]> Sent: Friday, February 9, 2024 11:08 AM To: [email redacted] <[email redacted]> Subject: 2023A 11597 https://mail.google.com/mail/b/AEoRXRSbZErmtg3x-dV7og0Y6ta-2LD7jOrB3gFHnRPzRjmdJC9W/u/0/?ik=d3afebeda9&view=pt&search=all&permms… 1/2 2/21/24, 9:30 AM State of Arizona Mail - Fw: 2023A 11597 attn Gail Mathews

I was just made to see that you did not reschedule the hearing as I requested on the 26 of january 2024. As my email states I was unable to testify at the hearing due to a scheduling conflict. Can you please reschedule this for a later date. I appreciate it. Respectively Bill Griffin

IMG_20240209_110026564.jpg 2406K

https://mail.google.com/mail/b/AEoRXRSbZErmtg3x-dV7og0Y6ta-2LD7jOrB3gFHnRPzRjmdJC9W/u/0/?ik=d3afebeda9&view=pt&search=all&permms… 2/2 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Nuwaves Shotcrete Solutions LLC, Case No. 2023-11597 COMPLAINANT, Docket No. 2023A-11597-NPC-ROC v. FINAL ADMINISTRATIVE Bill's Pool Service Inc License No. ROC 227545, DECISION AND ORDER

RESPONDENT.

Under A.R.S. § 41-1092.08(B), the Registrar may review and accept, modify, or reject

an administrative law judge’s written decision. If the Registrar modifies or rejects that decision, then the Registrar must provide written justification setting forth the reasons for the modification or rejection of each finding of fact or conclusion of law.

REGISTRAR’S ACCEPTANCE

In this case, a hearing was held, and the administrative law judge issued a written decision. See Administrative Law Judge Decision, attached. The Registrar reviewed that decision and accepts it.

CONCLUSION AND ORDER

Because the Registrar has accepted the administrative law judge’s decision, that decision is the final administrative decision in this case and becomes effective on April 9, 2024. The terms of the order, such as suspension, revocation or dismissal, etc., will take place

the next business day.

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 10/23

Dated February 29, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail February 29, 2024 to: Respondent(s) Bill's Pool Service Inc 515 E Carefree HWY PMB 356 Phoenix, AZ 85085 Complainant(s) Nuwaves Shotcrete Solutions LLC 21725 North 20th Ave PHOENIX, AZ 85027

Copy sent electronically this same date to:

Office of Administrative Hearings Sondra J. Vanella, Administrative Law Judge Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2023-11597/

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 10/23 Received 2/8/2024 ROC Legal

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Nuwaves Shotcrete Solutions, LLC, No. 2023A-11597-NPC-ROC

COMPLAINANT, ADMINISTRATIVE LAW JUDGE DECISION v.

Bill's Pool Service, Inc. DBA: Money's Worth Pool Construction License No. ROC 227545, RESPONDENT.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 Received 2/8/2024 ROC Legal

Received 2/8/2024 ROC Legal

MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960).

Received 2/8/2024 ROC Legal

/s/ Sondra J. Vanella Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director Registrar of Contractors

Bill's Pool Service Inc. DBA: Money's Worth Pool Construction [email redacted] Nuwaves Shotcrete Solutions, LLC [email redacted]

By: OAH Staff

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Nuwaves Shotcrete Solutions LLC, Case No. 2023-11597

COMPLAINANT, Docket No.: 2023A-11597-NPC-ROC v. Bill's Pool Service Inc. ORDER GRANTING DBA: Money's Worth Pool Construction, RESPONDENT’S REQUEST FOR License No. ROC 127739, 1 REHEARING RESPONDENT.

After a review of the file and record, Respondent’s Request for Rehearing is granted for the following reasons: BACKGROUND On November 7, 2023, the Registrar issued a citation for alleged violation of A.R.S. § 32- 1154(A)(10). The hearing was set for January 11, 2024, at 9:00 am. Complainant requested a continuance, and on January 12, 2024, the hearing was continued to February 5, 2024 at 9:00 am. Respondent contacted the Registrar on January 26, 2024, requesting a continuance because Bill Griffin, a representative of Respondent, had a “conflict with the date…[would] be out of town and out of range of communication.” On January 29, 2024, the Registrar informed Respondent that he would need to request a continuance with the Office of Administrative Hearings. The hearing was held on February 5, 2024, and on February 8, 2024, the Administrative Law Judge issued a Decision recommending that the Registrar suspend Respondent until it provided documentation to the Registrar that it paid Complainant $31,495.94. The Registrar As set forth below, the caption is amended to include Respondent’s correct license. of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg132 5/21 issued the Final Administrative Decision and Order on February 29, 2024, accepting the ALJ’s Decision. On February 15, 2024, the Registrar received Respondent’s Request for Rehearing. In the Request, Respondent stated it had requested a continuance on January 26, 2024, and that the discipline was against its commercial license, however, the work was done on residential properties. ANALYSIS Under A.R.S. § 41-1092.09(A) a party may file a motion for rehearing or review within 30 days after service of the Registrar’s final administrative decision and order. The Registrar may grant a rehearing or review of a decision for any of the reasons listed in A.A.C. R4-9-120(C). Here, Respondent’s request provides sufficient grounds to grant a rehearing. Specifically, after the initial hearing was continued at Complainant’s request, Respondent promptly contacted the Registrar for a continuance because its representative was going to be out of town during the rescheduled hearing date. However, Respondent was under the mistaken belief that it needed to contact the Registrar to request a continuance, instead of the Office of Administrative Hearings. It appears that Respondent misunderstood the Registrar’s direction regarding continuance. The Registrar finds that this is excusable neglect warranting rehearing. Further, Respondent then promptly requested a rehearing after it received the Administrative Law Judge’s Decision, reiterating the scheduling conflict with the hearing date. Additionally, Respondent is correct that this matter should have involved its License No. 127739 instead of License No. 227545, as the project involved residential properties. Therefore, the Registrar grants Respondent’s Request for Rehearing and amends the caption to include Respondent’s correct license. ORDER IT IS ORDERED that Respondent’s Request for Rehearing is granted.

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg132 5/21 IT IS FURTHER ORDERED that the caption be amended to replace Respondent’s License No. 227545 with License No. 127739. IT IS FURTHER ORDERED that the Office of Administrative Hearings will schedule a rehearing. The Registrar will contact the Office of Administrative Hearings and issue a notice of re- hearing in due course. Dated March 25, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY mailed via USPS First Class mail March 25, 2024 to: Respondent Bill's Pool Service Inc. DBA: Money's Worth Pool Construction 515 E Carefree Hwy PMB 356 Phoenix, AZ 85085 Complainant Nuwaves Shotcrete Solutions LLC 21725 North 20th Ave PHOENIX, AZ 85027 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. 2023-11597 / SA

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg132 5/21 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3