2023A-11665-CHC-ROC Notice of Hearing and Packet MAILED
2023A-11665-CHC-ROC · Registrar of Contractors · 2024-01-11
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Lindsay Mazzola , Case No. 2023-11665 COMPLAINANT, Docket No. 2023A-11665-CHC-ROC
v. NOTICE OF HEARING ON CONTESTED CASE Rite Now Construction LLC License No. ROC 328684,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
February 26, 2024 9:00 AM Amy Haley Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors
to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.
All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on December 22, 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)(3) - R4-9-108(a)
Charge: 2 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING
Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing.
Respondent and Complainant, as the parties to the hearing, will present evidence and
argument to the administrative law judge.
The Registrar’s assigned investigator will appear as a witness at the hearing.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses
certain documents to the parties and the Office of Administrative Hearings. These documents
are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit
additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their
case. If a party wants to obtain testimony from a witness or documents not in the party’s
possession, the party must prepare and file a written subpoena for the Administrative Law
Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a
subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a
disclosure statement on all other parties, and file it with the Office of Administrative Hearings.
A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the
party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The
written agreement must be filed with the Office of Administrative Hearings, directed to the
assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The
assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.
The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated January 11, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail January 11, 2024 to:
Respondent(s) Rite Now Construction LLC 10645 N Tatum Blvd Ste C200-460 Phoenix, AZ 85028
Complainant(s) Lindsay Mazzola 4701 N 68th St Unite 109 Scottsdale, AZ 85251
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. 2023-11665 /
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
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722 2 2!282"#$%&8'%&88()*+$) $ ) ,$ ,70'6%6('(6&83&3%%113-'70'6%6('(6&83&3%%113. 020 Complainant: Lindsay Mazzola 4701 N 68th St. #109 Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: RITE NOW CONSTRUCTION LLC 10645 N Tatum Blvd Ste C200-460 Phoenix, AZ 85028
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 October 16, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-11665
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for November 30, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT:
1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT:
1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Lindsay Mazzola 4701 N 68th St. #109 Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: RITE NOW CONSTRUCTION LLC 10645 N Tatum Blvd Ste C200-460 Phoenix, AZ 85028
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 October 24, 2023
Re: Complaint Number 2023-11665
Dear Complainant and Respondent:
Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for November 30, 2023 at 10:00 am has been rescheduled for November 30, 2023 at 2:30 PM.
If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.
Complainant: Safe access is required to any area to be inspected.
Should you have any questions regarding the above, please contact me.
Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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Case No.: 2023-11665 Investigator: Steve Klein Inspection Date: November 30, 2023 Inspection Time: 2:30 PM
Complainant: Lindsay Mazzola Respondent: RITE NOW CONSTRUCTION LLC Steve Craig
Jobsite General Notes:
Complaint Item 1: Unable to adhere to timefrane ; Investigator’s Observation: This is not a Title 32 violation to which I can report on Governing Rule: N/A
Complaint Item 2: Not paying workers; Investigator’s Observation: This is not a Title 32 violation to which I can report on Governing Rule: N/A
Complaint Item 3: Demanding full payment before work is completed Investigator’s Observation: This is not a Title 32 violation to which I can report on Governing Rule: N/A
Complaint Item 4: Incompetence, bad communication Investigator’s Observation: This is not a Title 32 violation to which I can report on Governing Rule: N/A
Complaint Item 5: dishonest, no integrity, unprofessional ; Unethical Investigator’s Observation: This is not a Title 32 violation to which I can report on Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
11/3/2023 Received addendum to the complaint
Complaint Item 6: . Finish washer/dryer closet and run proper electrical vents/connections NOT GAS as mentioned multiple times and install clean-out access for ease of maintenance. Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 7: There is no ability to use my shower or tub. Finish master bath. Secure tub and install glass partition between tub and toilet as discussed (I have specific wants) Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 8: Complete all electrical (lighting, fans, cover plates). Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 10: . Delete cabinets to left of sink. Replace with floating shelves that can hold at least 20 lbs. Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint Item 11: Some island cabinets are warped and unlevel. Require replacement of bad cabinetry and repainting on island and other marred cabinets. Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 12: ALL cabinets need hardware. Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 13: Fix stairs (gaps and paint/gunk stains). There is also a missing riser that was replaced with the wrong material. Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 4: Missing wood blinds. (Thrown out for no reason) Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 15: . Missing patio furniture (Thrown out for no reason) Investigator’s Observation: This is not a Title 32 violation to which I can report on Governing Rule: N/A
Complaint Item 16: Install backsplash as requested multiple times. Investigator’s Observation: The job has not been completed.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 17: Air vents need grates/return installed and a thorough cleaning since they have been sitting open for MONTHS. A chiller/boiler system expert is required at this point. Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 18: The master bedroom is not cooling off comparatively to the other rooms. Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 19: Install transition strips and fix baseboard gaps throughout home. Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 20: Remove any paint stains on flooring Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 21: Wall mounts for TVs (Thrown out for no reason) 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 22: Patch and/or paint barn door holes and ceiling marks Investigator’s Observation: This is not a Title 32 violation to which I can report on Governing Rule: N/A Complaint Item 23: Install closet doors Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 24: Install outdoor light fixtures Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 25: Install missing towel and toilet paper racks Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 26: CLEAN and haul away all construction materials Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint Item 27: Hang mirror in half bath Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 28: Plumbing issues with laundry and bathrooms Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Addendum to the complaint. Received 11-9-23 Complaint Item 29: My oven/cook top are not working, there seems to be no power to them Investigator’s Observation: Completed prior to the jobsite inspection. Governing Rule:
Complaint Item 30: the hood vent isn't connected properly. Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint Item 31: The outdoor patio lights are not installed and there are live, uncapped wires exposed. Investigator’s Observation: The job has not been completed. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
..
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complainant: Lindsay Mazzola 4701 N 68th St. #109 Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: RITE NOW CONSTRUCTION LLC 10645 N Tatum Blvd Ste C200-460 Phoenix, AZ 85028
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 November 30, 2023
License No. ROC 328684
Re:Complaint No. 2023-11665
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on December 20, 2023.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Investigator’s Observation: This Job has not been completed.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturer’s installation instructions.
Complaint Item 6: Finish washer/dryer closet and run proper electrical vents/connections NOT GAS as mentioned multiple times and install clean-out access for ease of maintenance.
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 7: There is no ability to use my shower or tub. Finish master bath. Secure tub and install glass partition between tub and toilet as discussed (I have specific wants)
Complaint Item 8: Complete all electrical (lighting, fans, cover plates).
Complaint Item 10: Delete cabinets to left of sink. Replace with floating shelves that can hold at least 20 lbs.
Complaint Item 11: Some island cabinets are warped and unlevel. Require replacement of bad cabinetry and repainting on island and other marred cabinets.
Complaint Item 12: ALL cabinets need hardware.
Complaint Item 13: Fix stairs (gaps and paint/gunk stains). There is also a missing riser that was replaced with the wrong material.
Complaint Item 14: Missing wood blinds. (Thrown out for no reason)
Complaint Item 16: Install backsplash as requested multiple times.
Complaint Item 17: Air vents need grates/return installed and a thorough cleaning since they have been sitting open for MONTHS. A chiller/boiler system expert is required at this point.
Complaint Item 18: The master bedroom is not cooling off comparatively to the other rooms.
Complaint Item 19: Install transition strips and fix baseboard gaps throughout home.
Complaint Item 20: Remove any paint stains on flooring
Complaint Item 21: Wall mounts for TVs (Thrown out for no reason)
Complaint Item 22: Patch and/or paint barn door holes and ceiling marks
Complaint Item 23: Install closet doors
Complaint Item 24: Install outdoor light fixtures
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 25: Install missing towel and toilet paper racks
Complaint Item 26: CLEAN and haul away all construction materials
Complaint Item 27: Hang mirror in half bath
Complaint Item 28: Plumbing issues with laundry and bathrooms Investigator’s Observation: The job has not been completed.
Complaint Item 30: The hood vent isn't connected properly.
Complaint Item 31: The outdoor patio lights are not installed and there are live, uncapped wires exposed.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Complaint Item 1: Unable to adhere to timeframe; Investigator’s Observation: This is not a Title 32 violation to which I can report on
Complaint Item 2: Not paying workers; Investigator’s Observation: This is not a Title 32 violation to which I can report on
Complaint Item 3: Demanding full payment before work is completed Investigator’s Observation: This is not a Title 32 violation to which I can report on
Complaint Item 4: Incompetence, bad communication Investigator’s Observation: This is not a Title 32 violation to which I can report on
Complaint Item 5: dishonest, no integrity, unprofessional; Unethical Investigator’s Observation: This is not a Title 32 violation to which I can report on
Complaint Item 15: Missing patio furniture (Thrown out for no reason) Investigator’s Observation: This is not a Title 32 violation to which I can report on
Complaint Item 29: My oven/cook top are not working, there seems to be no power to them Investigator’s Observation: Completed prior to the jobsite inspection.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Lindsay Mazzola 4701 N 68th St. #109 Scottsdale, AZ 85251
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: RITE NOW CONSTRUCTION LLC 10645 N Tatum Blvd Ste C200-460 Phoenix, AZ 85028
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Directive Compliance Inspection 12-21-23
Case No.: 2023-11665 Investigator: Steve Klein
No Compliance inspection was performed. I received an email from the Complainant stating the contractor did not complete the Directive
Compliance Findings:
Investigator’s Observation: This Job has not been completed.
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturer’s installation instructions.
Complaint Item 6: Finish washer/dryer closet and run proper electrical vents/connections NOT GAS as mentioned multiple times and install clean-out access for ease of maintenance.
Complaint Item 7: There is no ability to use my shower or tub. Finish master bath. Secure tub and install glass partition between tub and toilet as discussed (I have specific wants)
Complaint Item 8: Complete all electrical (lighting, fans, cover plates).
Complaint Item 10: Delete cabinets to left of sink. Replace with floating shelves that can hold at least 20 lbs.
Complaint Item 11: Some island cabinets are warped and unlevel. Require replacement of bad cabinetry and repainting on island and other marred cabinets.
Complaint Item 12: ALL cabinets need hardware.
Complaint Item 13: Fix stairs (gaps and paint/gunk stains). There is also a missing riser that was replaced with the wrong material.
Complaint Item 14: Missing wood blinds. (Thrown out for no reason)
Complaint Item 16: Install backsplash as requested multiple times.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complaint Item 17: Air vents need grates/return installed and a thorough cleaning since they have been sitting open for MONTHS. A chiller/boiler system expert is required at this point.
Complaint Item 18: The master bedroom is not cooling off comparatively to the other rooms.
Complaint Item 19: Install transition strips and fix baseboard gaps throughout home.
Complaint Item 20: Remove any paint stains on flooring
Complaint Item 21: Wall mounts for TVs (Thrown out for no reason)
Complaint Item 22: Patch and/or paint barn door holes and ceiling marks
Complaint Item 23: Install closet doors
Complaint Item 24: Install outdoor light fixtures
Complaint Item 25: Install missing towel and toilet paper racks
Complaint Item 26: CLEAN and haul away all construction materials
Complaint Item 27: Hang mirror in half bath
Complaint Item 28: Plumbing issues with laundry and bathrooms Investigator’s Observation: The job has not been completed.
Complaint Item 30: The hood vent isn't connected properly.
Complaint Item 31: The outdoor patio lights are not installed and there are live, uncapped wires exposed.
Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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822 2 229!"#"""$3 3 %&'()(!*)149+,-%"$. (/01$222023)45105456$46 4 6 7 020 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Lindsay Mazzola, Case No. 2023-11665 COMPLAINANT, v.
RITE NOW CONSTRUCTION LLC, CITATION License No. ROC 328684,
RESPONDENT.
The Registrar issues this Citation to RITE NOW CONSTRUCTION LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by January 6, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On October 7, 2023, Lindsay Mazzola (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
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 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-11665. 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, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted]
The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than January 6, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE 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-
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 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated December 22, 2023 By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors
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 of the foregoing mailed by Certified Mail, Return Receipt Requested, December 22, 2023 to:
Respondent Certified Mail No: [number redacted]
RITE NOW CONSTRUCTION LLC 10645 N Tatum Blvd Ste C200-460 Phoenix, AZ 85028 Copy mailed by USPS First Class Mail this same date to: Respondent RITE NOW CONSTRUCTION LLC 10645 N Tatum Blvd Ste C200-460 Phoenix, AZ 85028 Complainant Lindsay Mazzola 4701 N 68th St Unite 109 Scottsdale, AZ 85251
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. 2023-11665
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 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Lindsay Mazzola Mailing Address (Enter jobsite in Contract/Project section) City State Zip
4701 N 68th St. #109 Scottsdale Arizona 85251 Phone Number Email
[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)
Street Address of Attorney City State Zip
Phone Number of Attorney Email of Attorney
Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
RITE NOW CONSTRUCTION LLC ROC 328684 Street Address City State Zip
10645 N Tatum Blvd Ste C200-460 Phoenix AZ 85028 Phone Number Email
[number redacted] [email redacted] Name of Person(s) Representing License
Steve Craig Contract/Project Information Contract Date Contract Amount Amount Paid
April 6, 2023 $82,000.00 $82,000.00 Date Work Started Date Work Stopped Date Work Was Completed
April 6, 2023 July 15, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
4701 N 68th St. Scottsdale AZ 85251 Name of Construction Site Owner Construction Site Name (if applicable)
Lindsay Mazzola Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] [email redacted] This complaint is for Abandonment;Poor Work;Other I have contacted the contractor by Phone/Text Have you filed a complaint in court? No
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Has any work been corrected? No
The contract was Both All change orders were Both This project was Residential This project involved Remodel
A building permit was obtained by Property Owner 295203 Scottsdale List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
Unable to adhere to timefrane ; Not paying workers; Demanding full payment before work is completed ; Incompetence, bad communication, dishonest, no integrity, unprofessional ; Unethical
Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date
Lindsay Mazzola \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 ® Wells Fargo Way2Save Savings June 30, 2023 Page 1 of 4
Questions? LINDSAY R MAZZOLA Available by phone 24 hours a day, 7 days a week: We accept all relay calls, including 711 777 W CHANDLER BLVD APT 1396 CHANDLER AZ 85225-2519 1-800-TO-WELLS (1-800-869-3557)
En español: 1-877-727-2932
Online: wellsfargo.com
Write: Wells Fargo Bank, N.A. (038) P.O. Box 6995 Portland, OR 97228-6995
You and Wells Fargo Thank you for being a loyal Wells Fargo customer. We value your trust in our company and look forward to continuing to serve you with your financial needs.
Statement period activity summary Account number:
Beginning balance on 6/1 $30,219.20 LINDSAY R MAZZOLA Deposits/Additions 25.75 Arizona account terms and conditions apply Withdrawals/Subtractions - 29,380.98 For Direct Deposit use Ending balance on 6/30 $863.97 Routing Number (RTN):
Interest summary Interest paid this statement $0.75 Average collected balance $6,139.41 Annual percentage yield earned 0.15% Interest earned this statement period $0.75 Interest paid this year $17.84
(38) Sheet Seq = 0159949 Sheet 00001 of 00002 June 30, 2023 Page 2 of 4
Transaction history
Deposits/ Withdrawals/ Ending daily Date Description Additions Subtractions balance 6/1 Recurring Transfer From Mazzola L Way2Save Checking Ref #Op0Jprfjqw 25.00 30,244.20 xxxxxx 6/5 WT Seq178425 P&B Develop, LLC /Bnf=Rite NOW Construction Srf# 25,000.00 5,244.20 Ow00003295838570 Trn#[number redacted] Rfb# Ow00003295838570 6/7 Ally Ally Paymt 230607 [number redacted] Lindsay Mazzola 380.98 4,863.22 6/15 Online Transfer to Mazzola L Way2Save Checking xxxxxx Ref #Ib0Jtthbzv 4,000.00 863.22 on 06/15/23 6/30 Interest Payment 0.75 863.97
Ending balance on 6/30 863.97
Totals $25.75 $29,380.98
The Ending Daily Balance does not reflect any pending withdrawals or holds on deposited funds that may have been outstanding on your account when your transactions posted. If you had insufficient available funds when a transaction posted, fees may have been assessed.
Monthly service fee summary
For a complete list of fees and detailed account information, see the disclosures applicable to your account or talk to a banker. Go to wellsfargo.com/feefaq for a link to these documents, and answers to common monthly service fee questions.
Fee period 06/01/2023 - 06/30/2023 Standard monthly service fee $5.00 You paid $0.00
The fee is waived this fee period because the account is linked to your eligible checking account.
How to avoid the monthly service fee Minimum required This fee period Have any ONE of the following account requirements · Minimum daily balance $300.00 $863.22 ✓ · A daily automatic transfer from a Wells Fargo checking account $1.00 $0.00 ® · Save As You Go transfer from a Wells Fargo checking account $1.00 $0.00 · A monthly automatic transfer from a Wells Fargo checking account $25.00 $25.00 ✓ · Age of primary account owner 0 - 24 · AM/AM
IMPORTANT ACCOUNT INFORMATION
This notice re-establishes that Wells Fargo has the right to conduct setoff for overdrawn deposit account balances, where applicable, and in accordance with your governing Deposit Account Agreement. When we exercise this right, we may reduce funds in any account you hold with us for purposes of paying the amount of the debt, either due or past due, that is owed to us as allowed by the laws governing your account. Our right of setoff won't apply if it would invalidate the tax-deferred status of any tax-deferred retirement account (e.g., a SEP or an IRA) you keep with us. To review a copy of your Deposit Account Agreement, including the provisions related to the right of setoff, please visit wellsfargo.com/online-banking/consumer-account-fees/.
Effective July 25, 2023, the paragraph in the "Standard Overdraft Coverage" subsection of the "Available Balance, Posting Transactions, and Overdraft" section of the Deposit Account Agreement that reads: ® Wells Fargo Way2Save Savings August 31, 2023 Page 1 of 4
Questions? LINDSAY R MAZZOLA Available by phone 24 hours a day, 7 days a week: We accept all relay calls, including 711 777 W CHANDLER BLVD APT 1396 CHANDLER AZ 85225-2519 1-800-TO-WELLS (1-800-869-3557)
En español: 1-877-727-2932
Online: wellsfargo.com
Write: Wells Fargo Bank, N.A. (038) P.O. Box 6995 Portland, OR 97228-6995
You and Wells Fargo Thank you for being a loyal Wells Fargo customer. We value your trust in our company and look forward to continuing to serve you with your financial needs.
Statement period activity summary Account number:
Beginning balance on 8/1 $8,758.82 LINDSAY R MAZZOLA Deposits/Additions 6,775.37 Arizona account terms and conditions apply Withdrawals/Subtractions - 15,505.98 For Direct Deposit use Ending balance on 8/31 $28.21 Routing Number (RTN):
Interest summary Interest paid this statement $0.37 Average collected balance $2,926.77 Annual percentage yield earned 0.15% Interest earned this statement period $0.37 Interest paid this year $19.04
(38) Sheet Seq = 0099233 Sheet 00001 of 00002 August 31, 2023 Page 2 of 4
Transaction history
Deposits/ Withdrawals/ Ending daily Date Description Additions Subtractions balance 8/1 Recurring Transfer From Mazzola L Way2Save Checking Ref #Op0K9N36Pt 25.00 8,783.82 xxxxxx 8/8 Online Transfer From Mazzola L Way2Save Checking xxxxxx Ref 2,500.00 #Ib0Kcw6Qx2 on 08/08/23 8/8 Wire Trans Svc Charge - Sequence: [number redacted] Srf# Ow00003503445846 25.00 Trn#[number redacted] Rfb# Ow00003503445846 8/8 WT Seq122658 P&B Develop, LLC /Bnf=Rite NOW Construction Srf# 10,000.00 Ow00003503445846 Trn#[number redacted] Rfb# Ow00003503445846 8/8 Ally Ally Paymt 230808 [number redacted] Lindsay Mazzola 380.98 877.84 8/9 Online Transfer From Mazzola L Way2Save Checking xxxxxx Ref 1,000.00 1,877.84 #Ib0Kd5R2Lt on 08/09/23 8/10 Online Transfer From Mazzola L Way2Save Checking xxxxxx Ref 3,200.00 5,077.84 #Ib0Kdcnhn2 on 08/10/23 8/15 Wire Trans Svc Charge - Sequence: [number redacted] Srf# Ow00003526072559 25.00 Trn#[number redacted] Rfb# Ow00003526072559 8/15 WT Seq176664 P&B Develop, LLC /Bnf=Rite NOW Construction Srf# 5,000.00 52.84 Ow00003526072559 Trn#[number redacted] Rfb# Ow00003526072559 8/16 Wire Transaction Svc Charge Reversal 25.00 77.84 8/21 Online Transfer to Mazzola L Way2Save Checking xxxxxx Ref #Ib0Khgkpjb 75.00 2.84 on 08/21/23 8/23 Wire Transaction Svc Charge Reversal 25.00 27.84 8/31 Interest Payment 0.37 28.21
Ending balance on 8/31 28.21
Totals $6,775.37 $15,505.98
The Ending Daily Balance does not reflect any pending withdrawals or holds on deposited funds that may have been outstanding on your account when your transactions posted. If you had insufficient available funds when a transaction posted, fees may have been assessed.
Monthly service fee summary
For a complete list of fees and detailed account information, see the disclosures applicable to your account or talk to a banker. Go to wellsfargo.com/feefaq for a link to these documents, and answers to common monthly service fee questions.
Fee period 08/01/2023 - 08/31/2023 Standard monthly service fee $5.00 You paid $0.00
The fee is waived this fee period because the account is linked to your eligible checking account.
How to avoid the monthly service fee Minimum required This fee period Have any ONE of the following each fee period · Minimum daily balance $300.00 $27.84 · A daily automatic transfer from a Wells Fargo checking account $1.00 $0.00 ® · Save As You Go transfer from a Wells Fargo checking account $1.00 $0.00 · A monthly automatic transfer from a Wells Fargo checking account $25.00 $25.00 ✓ · Age of primary account owner 0 - 24 · AM/AM ® Wells Fargo Way2Save Checking August 23, 2023 Page 1 of 6
Questions? LINDSAY R MAZZOLA Available by phone 24 hours a day, 7 days a week: We accept all relay calls, including 711 777 W CHANDLER BLVD APT 1396 CHANDLER AZ 85225-2519 1-800-TO-WELLS (1-800-869-3557)
En español: 1-877-727-2932
Online: wellsfargo.com
Write: Wells Fargo Bank, N.A. (038) P.O. Box 6995 Portland, OR 97228-6995
You and Wells Fargo Account options Thank you for being a loyal Wells Fargo customer. We value your trust in our A check mark in the box indicates you have these company and look forward to continuing to serve you with your financial needs. convenient services with your account(s). Go to wellsfargo.com or call the number above if you have questions or if you would like to add new services.
Online Banking ✓ Direct Deposit ✓ Online Bill Pay ✓ Auto Transfer/Payment ✓ Online Statements ✓ Overdraft Protection Mobile Banking ✓ Debit Card My Spending Report ✓ Overdraft Service
Statement period activity summary Account number:
Beginning balance on 7/27 $2,892.59 LINDSAY R MAZZOLA Deposits/Additions 14,376.62 Arizona account terms and conditions apply Withdrawals/Subtractions - 17,256.13 For Direct Deposit use Ending balance on 8/23 $13.08 Routing Number (RTN):
Overdraft Protection This account is not currently covered by Overdraft Protection. If you would like more information regarding Overdraft Protection and eligibility requirements please call the number listed on your statement or visit your Wells Fargo branch.
(38) Sheet Seq = 0076687 Sheet 00001 of 00003 August 23, 2023 Page 2 of 6
Transaction history
Check Deposits/ Withdrawals/ Ending daily Date Number Description Additions Subtractions balance 7/27 American Express ACH Pmt 230727 A3008 Lindsay Mazzola 133.82 2,758.77 7/28 APS Electric Pmt Payments 230726 [number redacted] Autopay 85.91 2,672.86 7/31 ATM Withdrawal authorized on 07/31 1004 W Chandler Blvd 150.00 2,522.86 Chandler AZ 0008942 ATM ID 9942N Card 8/1 Recurring Transfer to Mazzola L Way2Save Savings Ref 25.00 2,497.86 #Op0K9N36Pt xxxxxx 8/2 ATM Check Deposit on 08/02 1004 W Chandler Blvd Chandler AZ 96.00 2,593.86 0009574 ATM ID 9942N Card 8/3 Bhmanagement-202 Web Pmts 080323 Nmn2Kd Lindsaymazzola 2,131.46 462.40 8/7 Recurring Payment authorized on 08/04 Spotify 877-778-1161 NY 10.77 451.63 S383217039249838 Card 8/8 Zelle From Nick Mazzola on 08/08 Ref # Bach4L5Wlvyl 2,500.00 8/8 Online Transfer to Mazzola L Way2Save Savings xxxxxx Ref 2,500.00 451.63 #Ib0Kcw6Qx2 on 08/08/23 8/9 Pershing Brokerage 230808 5Hq-286559-1Rew Mazzolalin 822.00 8/9 Pershing Brokerage 230808 5Hq-286542-1Pcd Mazzolalin 900.00 8/9 Zelle From Berns Linda on 08/09 Ref # Pp0Rgsmhjm 500.00 8/9 Purchase authorized on 08/08 Fullscript* R88094 Httpsus.Fulls 339.80 NH S583221138287578 Card 8/9 Online Transfer to Mazzola L Way2Save Savings xxxxxx Ref 1,000.00 1,333.83 #Ib0Kd5R2Lt on 08/09/23 8/10 Zelle From Nick Mazzola on 08/10 Ref # Bacgm8Mluj0B 2,500.00 8/10 Zelle From Nicholas Mazzola on 08/10 Ref # USA4N1Gnbnik 500.00 8/10 Online Transfer to Mazzola L Way2Save Savings xxxxxx Ref 3,200.00 1,133.83 #Ib0Kdcnhn2 on 08/10/23 8/14 Venmo Payment 230814 [number redacted] Lindsay Rose 60.00 1,073.83 8/15 WT Fed#03065 Hsbc Bank USA, NA /Org=Morgan Stanley Smith 3,899.59 Barney LLC Srf# xxxxx Trn#[number redacted] Rfb# 8/15 Wire Trans Svc Charge - Sequence: [number redacted] Srf# xxxxx 15.00 4,958.42 Trn#[number redacted] Rfb# 8/16 Exp Realty, LLC EDI Pymnts 773264 Nte*Obi*Revenue Share 1202 219.03 5,177.45 - 606869\Rmr*IV*Revenu 8/17 State of MN Payment 41924040 Submission 41924040 260.00 8/17 Zelle From Suzanne Fuqua on 08/17 Ref # Jpm99A0Trufr Revenos 1,000.00 8/17 Wire Trans Svc Charge - Sequence: [number redacted] Srf# 25.00 Ow00003529627124 Trn#[number redacted] Rfb# Ow00003529627124 8/17 Recurring Payment authorized on 08/16 Disney Plus 14.00 888-9057888 CA S303229005591589 Card 8/17 WT Seq#20954 P&B Develop, LLC /Bnf=Rite NOW Construction 5,000.00 1,398.45 Srf# Ow00003529627124 Trn#[number redacted] Rfb# Ow00003529627124 8/21 Zelle From Jeffrey A Berns on 08/19 Ref # Jpm99A0Ws14E 1,000.00 8/21 Zelle From Jessica L Hall on 08/21 Ref # Jpm99A100C0I 40.00 8/21 Zelle From Saccuci Keith on 08/21 Ref # Pp0Rhn2Khv 40.00 8/21 Online Transfer From Mazzola L Way2Save Savings xxxxxx 75.00 Ref #Ib0Khgkpjb on 08/21/23 8/21 Citizens Retry Pymt 081523 [number redacted] Wells Fargo 2,512.31 41.14 8/23 Wire Transaction Svc Charge Reversal 25.00 8/23 Spot Pet Ins Pet Insur 230822 7447443 Lindsay *Mazzola 53.06 13.08
Ending balance on 8/23 13.08
Totals $14,376.62 $17,256.13
The Ending Daily Balance does not reflect any pending withdrawals or holds on deposited funds that may have been outstanding on your account when your transactions posted. If you had insufficient available funds when a transaction posted, fees may have been assessed. August 23, 2023 Page 3 of 6
Items returned unpaid
Date Description Amount 8/18 Citizens Mtg Pmt 081523 [number redacted] Wells Fargo Reference # [number redacted] 2,512.31
Monthly service fee summary
For a complete list of fees and detailed account information, see the disclosures applicable to your account or talk to a banker. Go to wellsfargo.com/feefaq for a link to these documents, and answers to common monthly service fee questions.
Fee period 07/27/2023 - 08/23/2023 Standard monthly service fee $12.00 You paid $0.00
How to avoid the monthly service fee Minimum required This fee period Have any ONE of the following each fee period · Minimum daily balance $500.00 $13.08 · Total amount of qualifying electronic deposits $500.00 $2,201.03 ✓ JC/JC
IMPORTANT ACCOUNT INFORMATION
Important information about changes to your Way2Save Checking account.
We've been updating our checking account options to better serve our customers and no longer offer the Way2Save Checking account, so we're switching your account to a similar product.
On September 25, 2023, your Way2Save Checking account will be changed to an Everyday Checking account.
With your new Everyday Checking account, your monthly service fee will now be lower. Beginning with the fee period after August 24, 2023, you can avoid the $10 monthly service fee if you meet any ONE of the following conditions during each fee period*: -Maintain a $500 minimum daily balance -Make $500 or more in total qualifying electronic deposits** -The primary account holder is 17-24 years old*** -You link your account to a Wells Fargo Campus ATM Card or Campus Debit Card****
What remains the same: -Your account and routing numbers will not change, and your direct deposits and automatic bill payments will not be interrupted. -You can continue to use your Wells Fargo Debit Card as you do today. -You can continue to use your existing checks. ® -You can still use the Wells Fargo Mobile app with your account as you do today. -Worldwide Military Banking ATM benefits will continue to apply if you maintain a qualifying military direct deposit.
What else is changing: -Discounts on ordered checks will not be included with your account. -If applicable, ATM or Debit Card fee waivers will no longer apply unless your account is linked to a Wells Fargo Campus Card or you qualify for Worldwide Military Banking benefits. -$2.50 fee charged by Wells Fargo for all U.S. non-Wells Fargo ATM cash withdrawals, transfers and balance inquiries will apply. -$5.00 fee charged by Wells Fargo for all International non-Wells Fargo ATM cash withdrawals will apply. -$3.00 (U.S.) and 3% (international) non-Wells Fargo bank cash disbursement fees per transaction will apply. -3% international purchase transaction fee will apply. -Fees charged by non-Wells Fargo ATM operator or network may apply. -For current ATM fees go to wellsfargo.com/online-banking/service-fees.
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611 !!"1 1171#$%&78%"&77'()$( "$ ( $ 608*370*0830&%303*32+8,!608*370*0830&%303*32- 010 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