2023A-12104-CHC-ROC Notice of Hearing and Packet MAILED
2023A-12104-CHC-ROC · Registrar of Contractors · 2024-02-28
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Joanne Cacciatore , Case No. 2023-12104 COMPLAINANT, Docket No. 2023A-12104-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE AP Fiberglass Pools & Consulting LLC License No. ROC 323411,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
April 11, 2024 1:00 PM Velva Moses-Thompson 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 21, 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)(1)
Charge: 2 A.R.S. § 32-1154(A)(2)(a)
Charge: 3 A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Charge: 4 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158
Charge: 5 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.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of
any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092
to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and
processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses
certain documents to the parties and the Office of Administrative Hearings. These documents
are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit
additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their
case. If a party wants to obtain testimony from a witness or documents not in the party’s
possession, the party must prepare and file a written subpoena for the Administrative Law
Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a
subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a
disclosure statement on all other parties, and file it with the Office of Administrative Hearings.
A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the
party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The
written agreement must be filed with the Office of Administrative Hearings, directed to the
assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The
assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.
The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated February 28, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail February 28, 2024 to: Respondent(s) AP Fiberglass Pools & Consulting LLC PO Box 12157 Scottsdale, AZ 85267
Complainant(s) Joanne Cacciatore 12400 E St Francis Way Cornville, AZ 86325
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. 2023-12104 /
Katie Hobbs, Governor Martin Quezada, Director
Hearing Packet FAQ What is the Hearing Packet?
The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.
Who gets the Hearing Packet?
The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.
What types of cases does the Registrar prepare a Hearing Packet for?
The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.
What is in the Hearing Packet?
The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:
● Original complaint;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
● Citation; and ● Answer.
The Hearing Packet will also contain the following documents (if applicable):
● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.
What if there are documents missing from the Hearing Packet?
If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.
If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:
● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
How do I disclose evidence I intend to use at a Hearing?
You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.
A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.
How do I obtain documents I previously submitted to the Registrar?
If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Complainant: Joanne Cacciatore 12400 E St Francis Way Cornville, AZ 86325
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: AP Fiberglass Pools & Consulting LLC DBA: PO Box 12157 Scottsdale, AZ 85267
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 20, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-12104
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for November 6, 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, Brandon Smith Brandon Smith, Investigator 520 6285021 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Jobsite Inspection Notes
Case No.: 2023-12104 Investigator: Brandon Smith Inspection Date: November 6, 2023 Inspection Time: 10:30 AM
Complainant: Joanne Cacciatore Respondent: AP Fiberglass Pools Not Present: & Consulting LLC Not Present:
Jobsite General Notes:
I took photos using my agency issued digital camera. The complainant/Respondent and I went through each item of the complaint. I recorded the inspection with my agency issued voice recorder.
Complaint Item: 1 - Construction Started without a permit in place Investigator’s Observation: Verified: Contacted Yavapai County and no permit was in place at the time of the inspection. Directive #1 comply with Yavapai County Building, acquire required permits for the project. Governing Rule: A.R.S. § 32-1154(A)(2)(b)
Complaint Item: 2 - Excavation in backyard left unsafe. no construction/safety fencing around excavation Investigator’s Observation: VERIFIED: Jobsite left with open excavation. Industry Standard would dictate the use of a safety barrier around the excavated area for safety.
Respondent agreed to install safety fencing around pool site. Governing Rule: Departure from or disregard of: (b) A building
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
code of this state or any political subdivision of this state in any material respect that is prejudicial to another.
Complaint Item: 3 - Job is not being completed on the agreed upon time line. Abandonment Investigator’s Observation: Abandonment: UNVERIFIED
Lack of Diligence and Prudence- VERIFIED
R4-9-108 (B): a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Respondent to provide the complainant with a timeline for the project Governing Rule: Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.
Complaint Item: 4 - Fiberglass pool was supposed to be delivered weeks ago. Investigator’s Observation: VERIFIED: Pool has not been delivered. Respondent advised parties at the JSI that his intention was to deliver the pool on 11/8/23.
Pool delivery and acquisition of permits are the next two stages needed to complete the project. Governing Rule: Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.
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: Joanne Cacciatore 12400 E St Francis Way Cornville, AZ 86325
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: AP Fiberglass Pools & Consulting LLC DBA: PO Box 12157 Scottsdale, AZ 85267
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 6, 2023
License No. ROC 323411
Re:Complaint No. 2023-12104
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 November 21, 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:
Compliance Item: 1 - Construction Started without a permit in place Investigator’s Observation: Verified: Contacted Yavapai County and no permit was in place at the time of the inspection. Directive #1 comply with Yavapai County Building, acquire required permits for the project. Governing Rule: A.R.S. § 32-1154(A)(2)(b)
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 Compliance Item: 2 - Excavation in backyard left unsafe. no construction/safety fencing around excavation Investigator’s Observation: VERIFIED: Jobsite left with open excavation. Industry Standard would dictate the use of a safety barrier around the excavated area for safety.
Respondent agreed to install safety fencing around pool site. Governing Rule:
Compliance Item: 3 - Job is not being completed on the agreed upon time line. Abandonment Investigator’s Observation: Abandonment: UNVERIFIED
Lack of Diligence and Prudence- VERIFIED
R4-9-108 (B): a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a Similarly licensed contractor possessing ordinary skill and capacity.
Respondent to provide the complainant with a timeline for the project Governing Rule:
Compliance Item: 4 - Fiberglass pool was supposed to be delivered weeks ago. Investigator’s Observation: VERIFIED: Pool has not been delivered. Respondent advised parties at the JSI that his intention was to deliver the pool on 11/8/23.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Pool delivery and acquisition of permits are the next two stages needed to complete the project. Governing Rule:
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Brandon Smith Brandon Smith, Investigator 520 6285021 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint # 2023-12104 P 1 JSI PHOTOS REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Joanne Cacciatore, Case No. 2023-12104 COMPLAINANT, v. AP Fiberglass Pools & Consulting LLC CITATION License No. ROC 323411,
RESPONDENT.
The Registrar issues this Citation to AP Fiberglass Pools & Consulting LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by January 5, 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 16, 2023, Joanne Cacciatore (“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)(1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. of 6
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)(2)(a) Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code. Charge :3 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.
Charge :4 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32- 1158. Charge :5 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 of 6
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Respondent’s 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. 2023-12104. 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 January 5, 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 of 6
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). of 6
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated December 21, 2023. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 21, 2023 to:
Respondent Certified Mail No: [number redacted]
AP Fiberglass Pools & Consulting LLC PO Box 12157 Scottsdale, AZ 85267
of 6
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy mailed by USPS First Class mail this same date to: Respondent AP Fiberglass Pools & Consulting LLC PO Box 12157 Scottsdale, AZ 85267 AP Fiberglass Pools & Consulting LLC 6407 E Clinton St. Scottsdale, AZ 85254
Complainant Joanne Cacciatore 12400 E St Francis Way Cornville, AZ 86325
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. 2023-12104
of 6
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 12/15/23, 1:43 PM State of Arizona Mail - Per the county
Brandon Smith <[email redacted]>
Per the county Dr. Joanne Cacciatore <[email redacted]> To: Brandon Smith <brandon smi h@roc az.gov>
Hello Brandon, I have a call in to Steve. Thank you.
See the attached letter.
Spoke to Sarah at he county today and the permit remains unpaid. “They were unable to reconcile” payment. They cannot issue the permit until it’s paid.
Would we receive a copy of your warning letter? Do we need to file some hing official?
https://mail.google.com/mail/u/0/? k=2964dd124b&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted]&mb=1 1/6 12/15/23, 1:43 PM State of Arizona Mail - Per the county
https://mail.google.com/mail/u/0/? k=2964dd124b&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted]&mb=1 2/6 12/15/23, 1:43 PM State of Arizona Mail - Per the county
https://mail.google.com/mail/u/0/? k=2964dd124b&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted]&mb=1 3/6 12/15/23, 1:43 PM State of Arizona Mail - Per the county
https://mail.google.com/mail/u/0/? k=2964dd124b&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted]&mb=1 4/6 12/15/23, 1:44 PM State of Arizona Mail - Per the county
Gassho がっしょう Ahimsa paramo dharma अहिंसा परमॊ धर्म
Dr. Joanne CacciatoreⓋ Professor, SSW Senior Global Futures Scientist Julie Ann Wrigley Global Futures Laboratory Arizona State University Graduate Certificate in Trauma and Bereavement
Watch our work on Oprah and Prince Harry’s docuseries, episode 4
Learn more about our novel work with carefarming and grief
“Bearing the Unbearable: Love, loss, and the hear breaking path of grief”
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Watch the brea htaking story of the famous rescue horse, Chemakoh
I acknowledge that ASU sits on the ancestral homelands of First Nations tribes who have inhabited this land for centuries, including he Akimel O’odham (Pima) and Pee Posh (Maricopa).
https://mail.google.com/mail/u/0/? k=2964dd124b&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted]&mb=1 5/6 12/15/23, 1:44 PM State of Arizona Mail - Per the county CONFIDENTIALITY NOTICE: The information transmitted with this e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, may contain privileged or confidential information protected by law, and is than the intended recipient(s) may cause irreparable harm and is stric ly prohibited. Any wrongful interception of this message is punishable under federal law. If you believe you may have received this message in error, please immediately no ify the sen
https://mail.google.com/mail/u/0/? k=2964dd124b&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted]&mb=1 6/6 Yavapai County Development Services Prescott Office Cottonwood Office 1120 Commerce Dr., Prescott, AZ 86305 10 S. 6th Street, Cottonwood, AZ 86326 (928) 771-3214 Fax: (928) 771-3144 (928) 639-8151 Fax: (928) 639-8153
Addressing – Building Safety – Customer Service & Permitting – Environmental –Land Use – Planning
Date: 11/30/2023 APN: 407-29-026Z Permit #: RES23-003098 Permit Description: 16' X 29' FIBERGLASS INGROUND POOL
To: Jenna Pawlak Re: 1ST Review – Corrections Required
Before approval of your submitted plans for Building Code Compliance can be completed, the following and/or corrections as indicated below must be made to the original plans.
Please indicate the sheet number, detail and/or specific location where corrections were made to the right of each item.
IMPORTANT Resubmit a complete set of revised plans on the online portal addressing the redlines/comments. Revised plans must be submitted all at one time on the portal.
DO NOT DELETE PREVIOUSLY UPLOADED DOCUMENTS. DOING SO MAY RESULT IN ADDITIONAL PLAN REVIEWS. EFFECTIVE CODE: Yavapai County Administrative Building Code, Ordinance 2014, 2018 International Building Code (IBC), 2018 International Residential Code (IRC), 2018 International Plumbing Code (IPC), 2018 International Mechanical Code (IMC), 2018 International Fuel Gas Code (IFGC), 2017 National Electric Code (NEC), 2018 International Property Maintenance Code (IPMC), Yavapai County Grading Ordinance, 2014, 2018 International Existing Building Code (IEBC), 2018 International Swimming Pool and Spa Code (ISPSC), Amendments to 2006 International Energy Conservation Code (IECC), 2008 as amended, and Yavapai County Development Services Policy & Procedures.
Every effort has been made to provide a complete plan review. However, response to the above listed corrections may cause additional corrections/questions to be raised.
PLEASE NOTE: The first and second review of your building plans are included in the Plan Review Fees. PLANS returned for third or further times will be charged at an additional Plan Review fee by an hourly rate.
Feel free to contact me if you have any questions.
Leslie Wager Plans Examiner II (928) 639-8151 Yavapai County Development Services Prescott Office Cottonwood Office 1120 Commerce Dr., Prescott, AZ 86305 10 S. 6th Street, Cottonwood, AZ 86326 (928) 771-3214 Fax: (928) 771-3144 (928) 639-8151 Fax: (928) 639-8153
Addressing – Building Safety – Customer Service & Permitting – Environmental –Land Use – Planning
Markup Summary 11-30-2023 Cloud+ (1) Measurement: 1 Count Subject: Cloud+ Page Label: 1 Clarify the pool is provided with a back Clarify the pool is Page Index: 1 flow prevention device. provided with a back flow prevention device. Lock: Unlocked Checkmark: Unchecked Author: Leslie Wager Date: 11/30/2023 8:06:11 AM Creation Date: 11/30/2023 7:58:23 AM Color: X: 1.7393 in Y: 3.2215 in X Center: 2.5185 in Y Center: 3.9390 in Document Width: 1.5585 in Document Height: 1.4350 in Length: 0 Width: 0 Height: 0 Rise/Drop: 0 Unit: Count Area: 0 Wall Area: 0 Volume: 0 Count: 0 Measurement: 1 Count Capture: No File Name: CORR #1 PLOT PLAN.pdf Yavapai County Development Services Prescott Office Cottonwood Office 1120 Commerce Dr., Prescott, AZ 86305 10 S. 6th Street, Cottonwood, AZ 86326 (928) 771-3214 Fax: (928) 771-3144 (928) 639-8151 Fax: (928) 639-8153
Addressing – Building Safety – Customer Service & Permitting – Environmental –Land Use – Planning
Highlight (4) Measurement: 4 Count ) • 2021, 2018 and 2015 International Swimming Pool and Spa Code® (ISPSC) 2. Subject: Highlight 3. Page Label: 1 installed in accordance with this 2.0 LIMITATIONS 3. Page Index: 1 report and the manufacturer’s installation Use of the Fiberglass Reinforced Plastic Swimming Pool re shells recognized in this report is subject to the following limitations: us sw Lock: Unlocked instructions. 2.1 The Fiberglass Reinforced Plastic Swimming Pool shells shall be constructed and installed in accordance with this IR in Checkmark: Unchecked report and the manufacturer’s installation instructions. In the Ia event of a conflict, the more restrictive shall take precedence. 8 Author: Leslie Wager 2.2 Clearances of the swimming pool shells from slopes set 3. Date: 11/30/2023 8:10:13 AM forth in the 2021, 2018, 2015, and 2012 IBC Section 1808.7.3 in or 2009 and 2006 IBC Section 1805.3.3, and IRC Section R403.1.7, as applicable, shall be observed. m pl Creation Date: 11/30/2023 8:10:13 AM 2.3 Barriers shall comply with IBC Section 3109, ISPSC co Color: Section 305, or 2012, 2009 and 2006 IRC Section AG105, as Su applicable. Pr X: Y: X Center: Y Center: Document Width: Document Height: Length: 0 Width: 0 Height: 0 Rise/Drop: 0 Unit: Count Area: 0 Wall Area: 0 Volume: 0 Count: 0 Measurement: 1 Count Capture: No File Name: CORR #1 EVAL REPORT.pdf
I as shown in Table 1 Subject: Highlight Page Label: 1 3.2 Installation of the 2021, 2018, a Page Index: 1 Lock: Unlocked Checkmark: Unchecked 3.2 Installation: San Author: Leslie Wager installed in accor Date: 11/30/2023 8:10:20 AM manufacturer’s inst Creation Color: Date: 11/30/2023 8:10:20 AM
plumbing and electri X: Y: X Center: Y Center: Document Width: Document Height: Length: 0 Width: 0 Height: 0 Rise/Drop: 0 Unit: Count Area: 0 Wall Area: 0 Volume: 0 Count: 0 Measurement: 1 Count Capture: No File Name: CORR #1 EVAL REPORT.pdf Yavapai County Development Services Prescott Office Cottonwood Office 1120 Commerce Dr., Prescott, AZ 86305 10 S. 6th Street, Cottonwood, AZ 86326 (928) 771-3214 Fax: (928) 771-3144 (928) 639-8151 Fax: (928) 639-8153
Addressing – Building Safety – Customer Service & Permitting – Environmental –Land Use – Planning
Subject: Text Box Page Label: 1 Per the evaluation report, provide the Page Index: 1 manufacturer's installation instructions Lock: Unlocked and provide installation detail to include Per the evaluation report, provide the Checkmark: Unchecked the requirements specified in section 3.2 manufacturer's installation instructions and provide installation detail to include the requirements specified in section 3.2 of the report for pool Author: Leslie Wager of the report for pool excavation. excavation. Date: 11/30/2023 8:08:38 AM Creation Date: 11/30/2023 8:03:47 AM Color: X: 0.8568 in Y: 6.7815 in X Center: 2.6390 in Y Center: 7.2787 in Document Width: 3.5645 in Document Height: 0.9944 in Length: 0 Width: 0 Height: 0 Rise/Drop: 0 Unit: Count Area: 0 Wall Area: 0 Volume: 0 Count: 0 Measurement: 1 Count Capture: No File Name: CORR #1 PLOT PLAN.pdf
Subject: Text Box Page Label: 1 Per the evaluation report section 3.2 Page Index: 1 provide a Geotechnical Soils report Lock: Unlocked Per the evaluation report section 3.2 Checkmark: Unchecked provide a Geotechnical Soils report Author: Leslie Wager Date: 11/30/2023 8:08:15 AM Creation Date: 11/30/2023 8:07:22 AM Color: X: 4.1006 in Y: 5.3688 in X Center: 5.3972 in Y Center: 5.6025 in Document Width: 2.5931 in Document Height: 0.4674 in Length: 0 Width: 0 Height: 0 Rise/Drop: 0 Unit: Count Area: 0 Wall Area: 0 Volume: 0 Count: 0 Measurement: 1 Count Capture: No File Name: CORR #1 PLOT PLAN.pdf Yavapai County Development Services Prescott Office Cottonwood Office 1120 Commerce Dr., Prescott, AZ 86305 10 S. 6th Street, Cottonwood, AZ 86326 (928) 771-3214 Fax: (928) 771-3144 (928) 639-8151 Fax: (928) 639-8153
Addressing – Building Safety – Customer Service & Permitting – Environmental –Land Use – Planning
Subject: Text Box Page Label: 1 Verify the site plan /details reflect all ssued 10/24/2013 Revised 10/23/2023 Page Index: 1 requirements of the evaluation report. Lock: Unlocked See highlighted areas. DUCTS 2.6 Diving n Avenue Verify the site plan /details and shall co Checkmark: Unchecked 131 reflect all requirements of accordance ls.com the evaluation report. See ANSI/NSPI Author: Leslie Wager ools.com highlighted areas. 2.7 Pools th Date: 11/30/2023 8:11:51 AM EINFORCED PLASTIC accordance Creation Date: 11/30/2023 8:10:50 AM OLS ISPSC Sect AG101 2 an Color:
mming Pools and Spas 2.8 Suction X: 2.5875 in Y: 1.2808 in X Center: 3.5529 in Y Center: 1.6902 in Document Width: 1.9308 in Document Height: 0.8188 in Length: 0 Width: 0 Height: 0 Rise/Drop: 0 Unit: Count Area: 0 Wall Area: 0 Volume: 0 Count: 0 Measurement: 1 Count Capture: No File Name: CORR #1 EVAL REPORT.pdf Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 Received by Investigations 10/16/2023 2023-12104 0121345ÿ2730ÿ89 ÿÿ8 ÿ9 ÿÿ8ÿ ÿÿÿ ÿ ! ÿ !ÿ" 8 ! ÿÿ" ÿ#ÿ3Legal Received $3%030$4 01/05/2024 <=>?@A>ÿCÿ<DEFGÿHI=>?@A>JAKLMINMOKPQ
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Jenna Pawlak E-mail: [email redacted] AP FIBERGLASS POOLS & CONSULTING, LLC PO Box 12157 Scottsdale, AZ 85267 Telephone: 602-368-6223 Respondents, pro se REGISTRAR OF CONTRACTORS OF STATE OF ARIZONA Joanne Cacciatore, Case No.: 2023-12104 Complainant, RESPONDENTS WRITTEN ANSWER TO CITATION AND COMPLAINT vs. AP Fiberglass Pools & Consulting, LLC, License No.: ROC 323411, Respondent(s). Respondent AP Fiberglass Pools & Consulting LLC (“AP Fiberglass”), submits its Answer
to the Citation issued by the Registrar of Contractors (“ROC”) on December 21st, 2023.
With respect to allegations of listed charges the Respondent AP Fiberglass Pools &
Consulting LLC denies all allegations. The Respondent requests to dismiss this citation on
the grounds that it was erroneously submitted to the legal department by the assigned
inspector Brandon Smith.
The Respondent had already successfully met compliance with all areas of the assigned
inspectors written directive as of November 21st, 2023 which was the deadline provided by
the assigned inspector. The Respondent began to compliance with the inspector’s directive
the same day of on-site inspection. Received Legal 01/05/2024
The Respondent has tirelessly worked on the project within their legal capacity throughout
the complaint, and directive process. Therefore the Respondent affirmatively alleges there
has never been any violation to A.R.S. § 32-1154(A)(1), A.R.S. § 32-1154(A)(2)(a), A.R.S.
§ 32-1154(A)(3) - R4-9-108(a), A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158, A.R.S. § 32-
1154(A)(22). The Respondent has included additional documents to further support the
Respondent’s affirmative allegation that they have not committed any violations listed.
Please review the additional support documents in this response, indicating the
Respondent’s continual and diligent actions in regard to this project.
RESPECTFULLY SUBMITTED this 5th day of January, 2024.
AP FIBERGLASS POOLS & CONSULTING, LLC By: /s/ Jenna Pawlak Jenna Pawlak Managing Partner AP Fiberglass Pools & Consulting, LLC
PDF of the foregoing FILED this 5th day of January 2024, with: Legal Department Arizona Registrar of Contractors 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007-2812 [email redacted] [email redacted] Received Legal 01/05/2024
COPY emailed this same day to: Tedi Quezada, Leal Assistant II Legal Department Arizona Registrar of Contractors 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007-2812 [email redacted] COPY emailed/mailed to: Joanne Cacciatore 12400 East Saint Francis Way Cornville, AZ 86325 [email redacted] [email redacted] Complainant AP Fiberglass Pools & Consulting, LLC PO Box 12157 Scottsdale, AZ 85267 [email redacted] Respondent Received Legal 01/05/2024 AP Fiberglass Pools & Consulting, LLC. <[email redacted]>
Case#2023-12104 - Decker Pool Project - 12400 E St Francis Way - Cornville - Directive Response message
AP Fiberglass Pools & Consulting, LLC. <[email redacted]> Tue, Nov 21, 2023 at 3:06 PM To: Brandon Smith <[email redacted]>
Good Afternoon, Please see the attached response to your written directive. I believe all items have been addressed at this time.
-- Thank you, Jenna Pawlak
AP Fiberglass Pools & Consulting, LLC. AZ ROC# 323411
Office: (602) 368 - 6223
[email redacted]
http://www.azpools.net/
ROC Response to Directive_Cornville_Case# 2023-12104.pdf 86K Received Legal 01/05/2024
11/21/2023
Response to ROC Complaint #2023-12104 Directive
1. Yavapai County Permit#: RES23-003098 is still in their internal review process however all currently requested review fees have been paid to Yavapai County. - 11/13/2023 – followed up and spoke with the county today to verify processing and they confirmed they are in the review process.
2. Temporary barrier fencing was proved and set up on site. - 11/08/2023
3. Current project timeline is as follows:
A: Pool delivered by the manufacturer San Juan Pools – 11/13/2023
B: Shell drill out and fitting placement – Approx 11/27 - 12/01 – Will take approximately 7 days for the silicone sealant placed on all return fittings, drains, etc... to dry and fully cure to prevent gaps or inconsistencies in the future that could pose a risk to the integrity of the fittings.
C: Start pool plumbing and backfilling process. The electrical and wet testing process will take place simultaneously – 12/11 – 1/19
D: Concrete decking mark out, forming, and pour – 1/22 – 1/26 – Will take 7- days for concrete to cure enough for acrylic to be applied
E: Coating process – 02/5 – 2/9 – Will require 5 to 7 days of curing time until heavy foot traffic can occur.
F: Pool cleanup and project site cleanup and final site details estimated to take place approximately 02/ 14 – 02/20
**This timeline is an educated estimate based on professional opinion garnered by 24 years of pool construction experience along with project planning allowances for major holidays, vendor holiday hours and closures, and under normal weather conditions**
4. Shell was delivered 11/13/2023 as manufacturer was delayed in pool delivery due to their currently understaffed number of approved delivery staff (licensed, insured and vetted CDL drivers) – This was directly communicated to the client when we were notified by the pool manufacturer Received Legal 01/05/2024 Jenna Pawlak - AP Fiberglass Pools <[email redacted]>
Yavapai - cacciatore - Fwd: Your citizenserve payment has been received message
AZ Pools Website <[email redacted]> Mon, Nov 20, 2023 at 12:41 PM To: Adam Pawlak <[email redacted]>
Begin forwarded message:
From: [email redacted] Date: November 20, 2023 at 12:40:28 PM MST To: [email redacted] Subject: Your citizenserve payment has been received Reply-To: [email redacted]
CITIZENSERVE ONLINE PAYMENT RECEIVED
RES23-003098 Payment Date: 11/20/2023 Payment Amount: $75.00 Received From: AP Fiberglass Pools & Consulting, LLC Jenna Pawlak Address: 12530 E ST FRANCIS WAY Description: 16' x 29' FIBERGLASS INGROUND POOL
CLICK HERE TO VIEW YOUR APPLICATION Received Legal 01/05/2024 Jenna Pawlak - AP Fiberglass Pools <[email redacted]>
Re: Returned eCheck RES23-003098 message
AZ Pools Website <[email redacted]> Mon, Nov 27, 2023 at 2:46 PM To: Jessica Davis <[email redacted]>
I’ll get it fixed, thanks
On Nov 27, 2023, at 2:40 PM, Jessica Davis <[email redacted]> wrote:
Usually it is because a wrong number was put in. You can try to pay again.
Jessica Davis
Senior Permit Technician Customer Service & Permitting Phone: (928) 771-3214 [email redacted]
Hours of Operation: 7:00am – 5:00pm Monday through Friday. We are available online at https://yavapaiaz.gov/devserv/
Please note that Development Services staff cannot give legal advice. You should seek legal advice from a licensed attorney in order to determine compliance with statutes, codes, ordinances or other laws. Any statements in this email about compliance with statutes, codes, ordinances, or other laws are limited to the specific circumstances discussed in the email. Any statement that something would comply with a particular statute, code, ordinance, or other law should not be construed to mean that thing complies with all statutes, codes, ordinances or other laws.
Please like our facebook page below for ongoing information about training opportunities, current events and hot topics at Development Services.
https://www.facebook.com/Yavapai-County-Development-Services-Department-[number redacted]/
Please take a moment and fill out our customer service survey. Thank you.
https://surveymonkey.com/r/devservcustsat
From: AZ Pools Website <[email redacted]> Sent: Monday, November 27, 2023 2:38 PM To: Jessica Davis <[email redacted]> Subject: Re: Returned eCheck RES23-003098
Strange. I wonder if the account number had an error because I don’t even have records of the transaction
On Nov 27, 2023, at 2:26 PM, [email redacted] wrote:
Permit Number: RES23-003098 Permit Type: Residential Structures Other Than Buildings Parcel Number: 407-29-026Y
Dear Applicant:
Your e-check, in the amount of $75.00 received as payment for the permit referenced above was returned as No Account / Unable to Locate Account on November 24, 2023. Please see attached letter for more informaiton.
Regards,
Jessica Davis Senior Permit Technician 928-442-5631 [email redacted] <RES23-003098 NSF Letter.pdf> Received Legal 01/05/2024 Jenna Pawlak - AP Fiberglass Pools <[email redacted]>
Fwd: Yavapai County, Arizona Receipt #2023-5ELGP8 message
AZ Pools Website <[email redacted]> Fri, Dec 15, 2023 at 2:21 PM To: [email redacted]
Hi Brandon, I apologize for making your day harder. I had originally used an eCheck and the system rejected the payment due to a missing digit in the account number. That was my fault for not dbl checking the account and routing number twice before submitting it.
The payment has been reconciled, please see the copy below. I will make a pdf of my previous emails with the county when they originally notified me and I will send you a copy of the original payment receipt too. I will send those attachments in an email in about ten minutes.
I have always been in compliance with the county’s instructions and terms.
Respectfully, Jenna Pawlak
Begin forwarded message:
From: "Sent on Behalf of Yavapai County, Arizona" <[email redacted]> Date: December 15, 2023 at 2:13:46 PM MST To: [email redacted] Subject: Yavapai County, Arizona Receipt #2023-5ELGP8 Reply-To: [email redacted]
Fri, Dec 15, 2023 14:13
Yavapai County, Arizona
Yavapai County, Arizona Receipt #2023- 5ELGP8 To: [email redacted] From: Webmaster <[email redacted]> Date: Fri, Dec 15, 2023 14:13 Subject: Yavapai County, Arizona Receipt #2023-5ELGP8
Thank You for Your Payment, Jenna Tracking Number Payment Date 2023-5ELGP8 Fri, Dec 15, 2023 14:13 PM Paid With Card Number VISA ************5500
Your Payment Details Item Quantity Total Permitting 1 $85.00 Service Fee $2.03 Total $87.03
The details of your transaction are below.
Submission Details
Confirmation
Thanks for paying Received Legal 01/05/2024 Received Legal 01/05/2024 AP Fiberglass Pools & Consulting, LLC. <[email redacted]>
Re: Case question message
Brandon Smith <[email redacted]> Fri, Dec 15, 2023 at 8:50 AM To: Joanne Cacciatore <[email redacted]>, Steve Philpott <[email redacted]>, [email redacted]
Dr. Cacciatore,
Your complaint is closed. That is the complaint's current status. If it were open, it would not have any bearing on the time the county takes to issue you your permits. I have no authority over them, or their processes. As required by the written directive, your contractor contacted them, and got the process going to acquire your permits. He is also cooperating with them. That is all I can require of him. That is all I will require of him when it comes to the local building and planning process. At any point in time, if the contractor fails to cooperate with the local building authority, the complaint can be reopened; they then would be subject to enforcement actions under ARS 32- 1154(A)(2) Departure from plans. At this time, there is nothing actionable for our agency because they are doing everything required by the Yavapai County Community Planning and Building Department.
I brought your question regarding the contract and ARS 32:1158.01 to our management team. You are very welcome to reach out to Chief Steve Philpott if you have any questions. [email redacted]
32-1158.01. Swimming pool; spa; construction contracts
A. In addition to the requirements of section 32-1158, a licensed contractor who enters into a contract for the construction or installation of a residential in-ground swimming pool or spa with a purchaser who resides in the residence or who intends to reside in the residence after the completion of the contract shall include at least the following provisions:
1. A provision providing the purchaser the opportunity to request standard contractor's payment and performance bonds in a form approved by the registrar, securing the completion of the work and payment for services and materials. The cost of the payment and performance bond shall be paid by the purchaser of the swimming pool or spa and the contractor shall not charge a surcharge or a service charge.
2. The following payment provisions:
(a) A down payment payable on the execution of the contract of not more than fifteen percent of the original contract price.
(b) After the completion of the excavation work on the swimming pool or spa, a payment of not more than twenty-five percent of the amount of the original contract price plus any written change orders approved by the purchaser.
(c) After the installation of steel, plumbing and pneumatically applied concrete materials or the installation of a prefabricated swimming pool or spa, a payment of not more than twenty-five percent of the amount of the original contract price plus any written change orders approved by the purchaser.
(d) After the installation of decking materials, a payment of not more than twenty-five percent of the amount of the original contract price plus any written change orders approved by the purchaser.
(e) Before the application of the finishing interior materials or completion of all work on a prefabricated pool or spa, payment of all remaining sums due on the original contract plus any written change orders approved by the purchaser.
3. A provision that gives notice to the purchaser, in a form that is approved by the registrar and that is in at least ten point type, of the purchaser's right to receive written material that advises the purchaser of the provisions of this section and of the procedures provided for by the registrar for the resolution of claims and disputes with licensed contractors.
4. A provision in a form that is approved by the registrar and that is in at least ten point type, advising the purchaser of the purchaser's rights under title 44, chapter 15.
B. If a purchaser requires the contractor to furnish a payment and performance bond securing the performance of the contract, the contract provisions required by subsection A, paragraph 2 of this section may be changed in any manner agreed to by the parties to the contract.
C. Any changes, additions or deletions to the work specified in the original contract shall be included in a written change order.
D. A contractor's failure to comply with this section is a violation of section 32-1154, subsection A.
I have found they may have been in violation of this statute. As customary with first time offences, I will be issuing them a warning letter. The warning educates the contractor and puts them on notice that future infractions have penalties up to and not limited to, fines and possible revocation of their license.
Brandon L. Smith | Investigator
Arizona Registrar of Contractors
1700 W. Washington Street Suite 105 Phoenix, AZ 85007 Phone (520) 508-9196
E-Mail: [email redacted]
On Fri, Dec 15, 2023 at 8:10 AM Joanne Cacciatore <[email redacted]> wrote:
Resending this.
On Dec 12, 2023, at 7:00 AM, Dr. Joanne Cacciatore <[email redacted]> wrote:
ello Brandon, H Thanks so much for the response. We appreciate it, and I’m sure this is hard and frustrating for you too.
A few comments below inline, bolded and underlined for ease of reading:
On Dec 11, 2023, at 9:28 PM, Brandon Smith <[email redacted]> wrote:
Dear Brandon, We received notice that the complaint has been closed.
Two questions: Our permit is still “pending payment” so it has not been issued.
†*************"**
As previously explained, the county has a process and that process requires the cooperation of the respondent. So far, the respondent has paid for the permits and has been cooperating with the county building department. I have confirmed this as of last week. As soon as the contractor doesn't cooperate with the county building department, they will have new complaints to deal with. Your and the county will file one. They fulfilled the directive. The county is holding them up at this point. Maybe you could reach out to them to get a better understanding of their process and situational awareness of where the permit is.
The registrar’s website suggests that it hasn’t yet been paid. As I recall, part of ROC’s directive is to obtain a permit. That has not yet happened.
Please clarify if we are misunderstanding? Received Legal †*†*********** 01/05/2024 And also, as we’ve asked several times in the past few weeks, does the ROC monitor if pool companies are abiding by Arizona Revised Statutes requirements for the payment schedule?
********** Short answer is no. I asked and that was the answer I was given. I do not have a good explanation as to why. Also, keep in mind the law you are referencing is specific to the construction of concrete pools. The one you are installing is a fiberglass pool. The steps and process for your build is different than the steps outlined in the law you are eluding to.
Actually this is incorrect: the law does not specific concrete pools only and, in fact, illuminates the code by specifying or a prefab pool throughout the law. For example, according to: ARS 32- 1158.01. Swimming pool; spa; construction contracts
Item 1, Section c: "(c) After the installation of steel, plumbing and pneumatically applied concrete materials or the installation of a prefabricated swimming pool or spa, a payment of not more than twenty-five percent of the amount of the original contract price plus any written change orders approved by the purchaser.”
The ROC does not handle this, is what I’m hearing. Who does? Who supervises this and takes action, then, when it is violated? I guess I can ask our local legislators- it just seems that ROC would handle a violation of the law. Would it be better to call directly? We aren’t trying to bother you with this; however, it seems quite an important point. The law is on the books for a reason: to protect consumers from predatory companies. I think we’ve seen that AP has not been forthcoming with us, and many others, and that there are legitimate reasons for concern. We want our pool finished- after all, we’ve paid $85K and just have a shell and hole in the ground so far. However, if they are not disciplined for violating the law, won’t they do this to others?
Thanks for your anticipated reply.
************
We would surely appreciate a timely response on this. I’m not sure why we haven’t gotten one unless you don’t know? In that case, please tell me and I’ll call the office directly.
Thank you in advance for your help.
On Mon, Dec 11, 2023, 6:48 PM Dr. Joanne Cacciatore <[email redacted]> wrote: Dear Brandon, We received notice that the complaint has been closed.
Two questions: Our permit is still “pending payment” so it has not been issued.
And also, as we’ve asked several times in the past few weeks, does the ROC monitor if pool companies are abiding by Arizona Revised Statutes requirements for the payment schedule?
We would surely appreciate a timely response on this. I’m not sure why we haven’t gotten one unless you don’t know? In that case, please tell me and I’ll call the office directly.
Thank you in advance for your help. Received Legal 01/05/2024 AP Fiberglass Pools & Consulting, LLC. <[email redacted]>
Payment on permit - RES23-003098 message
AP Fiberglass Pools & Consulting, LLC. <[email redacted]> Fri, Dec 15, 2023 at 2:39 PM To: [email redacted], Steve Fettkether <[email redacted]>
Hi Brandon, I have copied Steve up at the County so he can third party confirm.
I spoke with Steve about 20min go, the file was still in fact open and validated and I immediately proceeded to reprocess the payment this time using a CC to prevent the possibility of error.
I sent you everything I have as way of receipts, correspondence etc…
Thank you, Jenna Pawlak
AP Fiberglass Pools & Consulting, LLC ROC# 323411
Office: 602.368.6223 www.azpools.net [email redacted]
Permit was applied for on 11/13/2023 prior to the on site meeting - it takes a number of days for the county to process the application to request primary payments. original payment was supplied on 11/20/2023, approximately 7 days later I was notified by the county that the eCheck had a miss keyed number and was invalid, this was an honest mistake this was rectified prior to 3Pm on 12/15 and the permit was ALWAYS active throughout the duration of the time in question. We even personally me with the head of plan review to discuss the specific needs for a fiberglass pool as they do not see many in their region. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Joanne Cacciatore, Case No. 2023-12104 COMPLAINANT, v. AP Fiberglass Pools & Consulting LLC ORDER DENYING REQUEST TO License No. ROC 323411, DISMISS RESPONDENT.
BACKGROUND On December 21, 2023, the Registrar issued a citation against Respondent’s License No. ROC 323411. Respondent filed its Answer on January 5, 2024. The Answer included a request to dismiss the citation “on the grounds that it was erroneously submitted to the legal department by the assigned inspector Brandon Smith.” ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. This matter was properly submitted to the legal department, and the issues underlying the Citation and Complaint are suitable for presentation before the Office of Administrative Hearings. Respondent is free to raise any arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated January 29, 2024. By: /s/ Chance Peterson Chance Peterson General Counsel Arizona Registrar of Contractors
of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Copy mailed via USPS First Class mail January 29, 2024 to: Respondent AP Fiberglass Pools & Consulting LLC PO Box 12157 Scottsdale, AZ 85267 Complainant Joanne Cacciatore 12400 E St Francis Way Cornville, AZ 86325
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. 2023-12104/
of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Mediation Notice
Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.
The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,
v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.
REQUEST
The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving
intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative
proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely
to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date
_____________________________________ _______________________ Respondent (or representative) Date
of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***
ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.
PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.
FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007
EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.
CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A
PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address
John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony
John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.
Exhibit Exhibit Name
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
I am the (check one): Complainant Respondent Docket No.
Print Name Signature Date
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3