2023A-12734-CHC-ROC Notice of Hearing and Packet MAILED
2023A-12734-CHC-ROC · Registrar of Contractors · 2024-01-05
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Don Vedeen , Case No. 2023-12734 COMPLAINANT, Docket No. 2023A-12734-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Structures Cabinet & Design LLC License No. ROC 323443,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: February 15, 2024 1:00 PM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative
law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be
prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised
Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.
PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the
complaint and citation, which were served on the Respondent on November 30, 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)
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/content/prehearing-disclosure- statement.
CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The
assigned Administrative Law Judge may be found on the Office of Administrative Hearings’
web portal at www.azoah.com
If a party would like to move the date of the hearing without agreement of all parties,
the party must file a written motion with the Office of Administrative Hearings, directed to the
assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.”
Dated January 3, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail January 3, 2024 to: Respondent(s) Structures Cabinet & Design LLC 2090 E University Dr Ste 106 Tempe, AZ 85281-4684
Complainant(s) Don Vedeen 6801 E Acoma Dr Scottsdale, AZ 85254
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. 2023-12734 /
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
[number redacted]ÿ06732ÿ89 ÿÿ8 ÿ9 ÿÿ ÿ ÿ2623023ÿÿ9 ÿ
/012ÿ456789ÿ:6012;<56789=>8?;2@;A8BC
D5E559ÿ 0ÿ F215ÿ GHGIJ KGLIMÿ Jÿ 40110 9Aÿ N9O P89ÿD5E559ÿQ+ 2R !" S T 4ÿU+ÿ0.4ÿ2623ÿ ÿ027.ÿV9 W7ÿX! R"!! +XÿQ! R"!! +S "7ÿY " ÿZ#ÿQ" #R !" S "ÿ[ 7ÿ21-12623 #7ÿ\0'46)!)6 #ÿV 7ÿ\024-..!)3 [ ÿT%ÿ 7ÿU + 87ÿ-'60ÿ]ÿ8" ÿ[+4ÿ" 4ÿ8^ÿ'.2. _, ÿU 7ÿY " ÿ̀Z#aÿ _, ÿV ÿU# ( 7ÿ'60.' _, ÿ] 7ÿ" #R !"
711 ! !" 1 1#161$%&'30 ()(*+,& * " & * & 70'2--02-))6')-'.06* & 70'2--02-))6')-'.06 010 [number redacted]ÿ06730ÿ89 ÿÿ8 ÿ9 ÿÿ ÿ ÿ2623023
./01ÿ345678ÿ95/01:;45678<=7>:1?:@7AB
C4 D4 48ÿ 2ÿ E104ÿ FGFHI JFKHL M78ÿC4D448ÿN* 2O ! P Q 4ÿR*ÿ0S4ÿ2623ÿ ÿ027SÿT9 U7ÿV O! *VÿN O! *P !7ÿW ! ÿX"ÿN! "O ! P Y Z4ÿ[ÿ ÿÿ \ÿ+ÿW ! ÿ]X"^ÿ 4ÿ ÿ "!"ÿ!' \ÿ_024,SS (3ÿÿ ÿ!" ÿ!' \ +$ÿÿ"ÿ ÿ!ÿÿ$! ÿ ÿ,&60ÿ̀ÿ8! ÿ[4ÿ! 4ÿ8aÿ&S2S ÿÿU ÿW ÿ *ÿ ÿ\ +$ U $ÿ\"4 [ÿ W ! ÿ]X"^ÿ ./01ÿ345678ÿN O! *P U "4ÿR*ÿ0,4ÿ2623ÿ ÿS766ÿT9 U7ÿ[ÿ ÿN* 2O ! P bcdÿfghggij kglgmnghoÿpqrisÿtuvdÿÿwvcÿxgyrxÿhgzrcp{gipÿ|mxxÿcgrlqÿuvpÿpuÿtuvÿcgyrchmiyÿpqgÿzculg}}ÿ~cu{ÿqgcgd " ÿ ÿ ÿ ing}pmyrpucÿÿrhygÿ ui}pcvlpmuiÿing}pmyrpmui} ÿg}pÿr}qmiypuiÿpdoÿpgÿÿÿ qugimoÿÿ quigjÿ¡¢ £{rmxjÿ O! *ÿ ¤R¥Z[`RUZ8YZU¦ÿR¤UZ`7ÿÿU ÿ ÿ 4ÿ!" ÿ\ÿ ! 4ÿÿÿ ÿÿ"ÿÿ ÿ ! ]^ÿÿ \ÿ! ÿ! ÿÿ * ÿ ÿÿ8\ÿ" " ÿ*+4ÿ"4ÿ!"ÿ '"ÿÿ ' ÿÿZÿ\"ÿÿÿ ÿ ÿ! 4ÿ ÿ! !ÿ ÿ ÿ'\ÿ \ÿ ÿÿ \ÿ ! ÿÿ ÿ ÿ §¨©©ÿ«¬ÿ®¯ÿ°±²³́ÿ́¬µ¶·¸ÿ«ÿ©·ÿ¬´ÿ¹º«»ÿ¼«»ÿ»·³µ·ÿ½«º̈¾ÿ¿º½ÿ¼«»ÿ»·ÿÀ¿ºÿÁ··µÿ́·µ¶·ÿ̧«¬Â
711 ! 1 1"161#$%&30 '(')*+% ) ! % ) % 70&2,,06,0,3&3,0&6) % 70&2,,06,0,3&3,0- 010 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Don Vedeen, Case No. 2023-12734 COMPLAINANT, v. Structures Cabinet & Design LLC , CITATION License No. ROC 323443, RESPONDENT.
The Registrar issues this Citation to Structures Cabinet & Design LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 15, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On November 5, 2023, Don Vedeen (“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 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 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. 2023-12734. 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 December 15, 2023. 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.
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 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- 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. 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 § 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 November 30, 2023. By: /s/ Mary Coyne Mary Coyne, CP Paralegal Manager 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, November 30, 2023 to:
Respondent Certified Mail No: [number redacted]
Structures Cabinet & Design LLC 2090 E University Dr Ste 106 Tempe, AZ 85281 Copy mailed by USPS First Class mail this same date to: Structures Cabinet & Design LLC 2090 E University Dr Ste 106 Tempe, AZ 85281
Complainant Don Vedeen 6801 E Acoma Dr Scottsdale, AZ 85254
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 Complainant’s Attorney at email address of record with Registrar
Case No. 2023-12734 / MTH
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)
Don Vedeen Mailing Address (Enter jobsite in Contract/Project section) City State Zip
6801 E Acoma Dr Scottsdale Arizona 85254 Phone Number Email
[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)
Kevin Moyer Street Address of Attorney City State Zip
Arizona Phone Number of Attorney Email of Attorney
[email redacted] Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
Structures Cabinet & Design LLC ROC 323443 Street Address City State Zip
2090 E University Dr Ste 106 Tempe AZ 85281 Phone Number Email
[email redacted] Name of Person(s) Representing License
Mike Mccurdy;Leyda Mccurdy Contract/Project Information Contract Date Contract Amount Amount Paid
Date Work Started Date Work Stopped Date Work Was Completed
Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
Name of Construction Site Owner Construction Site Name (if applicable)
Phone Number of Construction Site Owner Email of Construction Site Owner
This complaint is for Abandonment I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected?
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
The contract was All change orders were This project was This project involved Remodel
A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
Work was never started; The contractor never intended to start the work.; The contractor intended to commit fraud; The contractor never communicated with us (the client)
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
Don Vedeen \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: 8A45F217-1BFD-4B5B-AAED-27747755FB54
STRUCTURES CABINET & DESIGN, LLC 2090 East University Drive, Suite 105 Tempe, Arizona 85281 ROC#323443 structurescabinet.com 480-794-1966
Contract for Design, Supply and Installation of Cabinets 2/6/2023 Date: ___________________
This contract made as of the date of written acceptance by Structures Cabinet & Design, LLC, an Arizona Limited Liability Company hereinafter referenced as “Structures” or “Contractor” and the party named below hereinafter referenced as “Customer”. Rachel Vedeen Name: _____________________________________________________________________________ 6801 E Acoma Drive Scottsdale 85254 Project Address: ______________________________ City: ____________ Zip: ____________
Mailing Address: __________________________________ City: ____________ Zip: ____________
Home Phone:________________ Office________________ Cell_______________ Fax_____________
RESIDENTIAL____, COMMERCIAL____
The Contract Documents consist of this Contract for □X Design, □X Supply, □ X Delivery and □ X Installation of Cabinets and related hardware and accessories, Structures Estimate #__ 000122 dated 1__ / 22 __ /_____, the final cabinet drawings prepared by Structures dated ________ and approved by Customer signature, and any other plans or drawings 2/6/23
identified herein, approved by Customer signature, any fully executed Addenda and Change Orders, and the General Terms and Conditions, and Warranties and Disclaimers set forth below. Execution of a Written Change Order or of an Addenda by the Customer constitutes a representation relied upon by the Contractor that the Customer has carefully read the Change Order and/or the Addenda and approves any changes in the scope of the Work reflected in said Change Order or Addenda. 18079.90 The Customer shall pay the Contractor the total sum of $ to perform the following Work set forth in Structures Estimate # 000122 Dated _1 _ / _22_ /______.
DISCLOSURE: ALTERNATIVE DISPUTE RESOLUTION PROCEDURES ARE LOCATED IN PARAGRAPH OF THIS CONTRACT
If the subject property qualifies as an Owner Occupied Dwelling pursuant to A.R.S. §33-1002, then all payments shall paid as set forth below: 0.00 ___ % of Contract Price as a Design Deposit to be paid at time of the initial consultation between the parties in the amount of: $_______ 0.00
___ % of Contract Price to be paid upon Customer approval of the cabinet drawings as a condition precedent before Structures can order production of the materials in the amount of: $_____ 12655.93
___ % of Contract Prices to be paid upon delivery of the cabinets in the amount of : $_______ 4519.97
___ % of Contract Price to be paid upon installation of the cabinets in the amount of: $_______ 903.99
If Structures is not installing the cabinets, then the balance of 25 ___ % is due on delivery or pickup and inspection of the cabinets. A 3% charge is applicable for all credit card purchases.
The Terms and Conditions set forth below are incorporated herein by this reference.
2/7/2023 __________________________________________ ____________________________________ Structures Cabinet & Design, LLC Customer Date Rob O'Malley 2/6/2023 By:__________________ Date_________ ____________________________________ Printed Customer Date
TERMS AND CONDITIONS DocuSign Envelope ID: 8A45F217-1BFD-4B5B-AAED-27747755FB54
1. The date of commencement of the Work shall be the date of this Agreement set forth above, unless a different date is stated herein.
2. The Contractor shall use commercially reasonable efforts to complete the installation of the cabinets within Ninety ( 90 __ ) calendar days after the cabinet drawings are approved by the Customer and cabinets are ordered, however it is agreed and understood by the parties that delivery and installation dates are an estimate only and are not guaranteed and that manufacturer lead times, supply chain delays, shipping issues, including missing or damaged items, are all beyond the Contractor's control and may impact the timing of delivery and installation through no fault of the Contractor. Customer acknowledges that the Customer’s timely approval of the cabinet drawings is a condition precedent before the manufacture of the cabinets can be ordered. To the extent that the Contractor encounters any of the foregoing unanticipated delays the Contractor will regularly communicate with the Customer regarding the status of such delay and its anticipated impact on delivery and installation.
3. The term "Work" means the construction and services required by the Contract Documents, including all labor, materials, equipment and services, including design, provided or to be provided by the Contractor pursuant to the terms herein.
4. Unless otherwise agreed by the parties, the Work will be performed during normal business hours Monday to Friday. The term “day” as used in this Agreement shall mean calendar day unless otherwise specifically defined.
5. The cabinet drawings referenced herein form part of this Contract and take precedence over any and all other plans, specifications or other documents relating in any way to Customer’s project.
6. The Customer shall pay the Contractor the Contract Sum set forth above in current funds for the Contractor's performance of the Contract. The Contract Sum shall be subject to additions and deletions as provided in the Contract Documents.
7. Customer understands and acknowledges that Contractor may send Customer a Preliminary Twenty Day Notice also known as a Pre-Lien Notice. A Preliminary Twenty Day Notice is not a lien or an encumbrance against the real property and should not be construed as such, rather it is merely a statutory requirement that Contractor must comply with in order to protect its future rights.
8. Customer shall provide Contractor with adequate access and a site free of debris or obstacles prior to the start of work and Customer shall be responsible if any additional costs are incurred as a result of Customer’s failure to so provide. It is the responsibility of the Customer to ensure that pets and children are kept away from all work areas while work is being performed.
9. It is understood by the parties that the job site areas are not perfectly square, flat, plumb or level. Contractor will install to existing conditions. Contractor is not responsible for the cost of any additional work required to correct these existing conditions or conform to these existing conditions. The cost of any necessary additional work involving finish carpentry shall be borne by the Customer and reflected in a Change Order.
10. Customer will ensure an orderly job site by not scheduling adjacent work at the same time cabinets are installed.
11. It shall be the responsibility of the Customer to furnish any required power or other utility necessary at said location for the use of the Contractor and to pay all for any required building permits and fees.
12. Any materials subject to this Contract delivered to the job site are the Customer’s property and if removed or stolen must be replaced at the Customer’s expense.
13. It is understood and agreed that once Contractor is ready to deliver the materials to the job site, it is the Customer’s responsibility to store said materials until the job site is ready for installation. If the Customer is unable to accept delivery, Contractor will hold the materials temporarily, however after a thirty- day hold storage fees will apply. An estimate will be provided for storage if needed.
14. Delivery of materials to Customer’s job site shall be considered substantially complete and subject to payment above if they are sufficient to be installed and useable for their intended purpose even if minor or ancillary items are missing from the delivery. In the event Customer is unable to accept delivery and Contractor holds the materials for two weeks for purposes of the payment schedule above, the materials are considered delivered and payment for delivery is due.
15. Customer shall disclose the presence of mold, asbestos, lead or other hazardous substances at the existing structure. To the extent the presence of mold, asbestos, lead or other hazardous substances at the existing structure necessitates remedial work the Customer shall be responsible for the cost of all such remedial work. In addition, DocuSign Envelope ID: 8A45F217-1BFD-4B5B-AAED-27747755FB54
Customer covenants and agrees to indemnify and save harmless Contractor from any suit, action or claim of Customer or any third person, firm or corporation relating in any way to the presence of mold, asbestos, lead or other hazardous substances at the existing structure.
16. Execution of the Contract by the Contractor constitutes a representation that the Contractor has visited the site and become generally familiar with the conditions under which the Work is to be performed, when applicable.
17. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention, and is solely responsible for the construction means and methods, and for coordinating all portions of the Work.
18. The Contractor shall be responsible to the Customer for the acts and omissions of the Contractor's employees, Subcontractors and their agents and employees performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors.
19. The Contractor shall enforce strict discipline among the Contractor's employees and other persons carrying out the Contract and shall not permit employment of unfit persons or persons not skilled in the tasks assigned to them.
20. The Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions.
21. Customer understands that natural wood products can be affected by environmental conditions such as temperature and humidity. The materials sold by Structures are characterized by variations in color, shade, figure, grain, species and will vary from provided samples. Such variations in the natural wood do not constitute a material defect nor does such variation constitute non-conformance with the Contract Documents.
22. It is the Customer’s responsibility to assure that the environment is climate controlled for stability in temperature and humidity. In addition, new builds should have doors and windows installed and working heat and air conditioning at the time of delivery and installation of the cabinets.
23. The Contractor may make substitutions only with the Customer’s written consent.
24. Customer provided material, like pulls, must be on site the day of installation. Client provided materials that have changed or have not been agreed upon in advance (such as farmhouse sinks or appliances) are the responsibility of the Customer to correct. 250 25. If the job site is not ready for delivery on the agreed upon date, rescheduling and a trip charge of $___ will be assessed. 250 26. If the job site is not ready for installation on the agreed upon date, rescheduling and a trip charge of $___ will be assessed.
27. Due to manufacturer’s lead times, cabinets are ordered once the Customer approves the cabinet drawings. At the time of installation, if the job site conditions are different from the plans it is the Customer’s responsibility to modify the space as needed, including moving walls, plumbing, or electrical, or otherwise ordering additional materials. In this event, rescheduling and a trip charge of $___250 will be assessed.
28. Lead times quoted begin upon receipt of factory confirmation of the order. Lead times are estimates only. Structures is not liable or responsible for delays and/or non-delivery of materials by estimated due dates as a result of factory, shipping or customs delays. We recommend that installation is not scheduled until orders are received by Structures or delivered to Customer.
29. Contractor shall keep the premises free from accumulation of trash and debris caused by performance of the Work. At completion of the Work, the Contractor shall remove from the Project all waste materials, rubbish, tools, equipment, and surplus material unless surplus material is requested by Customer in advance.
30. The Contractor shall pay all sales, consumer, use and other similar taxes, if any are legally applicable to the Work.
31. Contractor's Commercial General Liability Insurance and Automobile Liability Insurance as required by this contract shall be written for the following limits of liability: Commercial General Liability - Personal Injury, $1,000,000 each occurrence and $2,000,000 aggregate; Property Damage, $1,000,000 each occurrence and $2,000,000 aggregate; Automobile Liability - Bodily Injury $1,000,000 each person and $1,000,000 each occurrence; and Property Damage $1,000,000 each occurrence. In the event the Customer requests the Contractor to procure additional insurance coverage or increased limits of liability then the costs of the premiums for such additional coverage or increased limits of liability shall be paid by the Customer. DocuSign Envelope ID: 8A45F217-1BFD-4B5B-AAED-27747755FB54
32. Requests for any material changes, deletions or additions to this contract desired by the Customer shall be made in writing by Change Order at a mutually agreed upon price, signed by both parties and shall become part of this contract, and the contract sum and/or contract time shall be adjusted accordingly. Execution of a written Change Order and payment for said Change Order shall be an express condition precedent for the commencement of any such changed Work and Change Orders must be paid in full at the time of execution. Payment of Change Orders is an express condition precedent for the commencement of any such changed Work and such payments are independent of the original Contract Payment Schedule. The parties understand and agree that no verbal requests to proceed with any change in the scope of Work will be honored absent the execution of a written Change Order.
33. Contractor assumes no responsibility or liability for work performed by the Customer, or on behalf of the Customer by other contractors, sub-contractors or third parties.
34. Contractor agrees to perform the work diligently, but Contractor shall not be responsible for delay or damages caused by failure to perform work or furnish materials or equipment due to acts of God, labor disputes, fire, epidemic, pandemic, labor shortages or supply disruptions caused by the foregoing, conditions created by the threat of or inclement weather, war, riot, or other civil disturbance, strike, government prohibition, delays caused by the Customer, unavailability of materials, or other reasons beyond its control.
35. After execution of the contract and prior to commencement of actual work, Customer agrees to pay a stipulated sum for damages in the amount of $1,000.00, or the amount of costs incurred, whichever is greater, in the event of cancellation by the Customer. Customer also agrees that in the event of breach or cancellation by the Customer after the Work commences, Customer shall be responsible for all unpaid job costs incurred by Contractor and all lost profits on the balance of the terminated contract.
36. In the event that any legal action or arbitration proceeding shall be brought by either party arising out of or relating to this agreement, the prevailing party shall be entitled to recover their taxable costs, reasonable attorneys’ fees and expert fees incurred in such action or proceeding.
37. All claims or disputes shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. Unless the parties mutually agree otherwise, all mediation proceedings shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. All claims, disputes, or other matters arising out of or relating to this Contract between the Customer and the Contractor where the value of said claim or dispute is less than $100,000, that are not resolved by mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. Claim or disputes equal to or in excess of $100,000 shall be litigated in Maricopa County Superior Court. Venue and personal jurisdiction for all proceedings arising out of or relating to this Contract shall be in Maricopa County, Arizona.
38. Final payment, in accordance with the payment schedule above, constituting the remaining unpaid balance of the Contract Sum, shall be made by the Customer to the Contractor after the Contractor has substantially completed installation of the Work. Conditioned upon the receipt of all required payments from Customer, Contractor warrants that it will pay all material suppliers and subcontractors, if applicable, and will deliver to the Customer Conditional waivers and releases on final payment covering all labor, materials and equipment for which a lien could be filed from Contractor, and its subcontractors and material suppliers, or a bond satisfactory to the Customer to indemnify the Customer against such lien.
39. Once the installation process commences, Contractor shall install the cabinets in a timely, professional and workmanlike manner.
40. Installation of the cabinets to Customer’s job site shall be considered substantially complete and subject to payment in accordance with the above payment schedule if the cabinets are installed and after installation are useable for their intended purpose and the cabinets as installed do not interfere with the next step in the construction process, for example templating or fabricating countertops, notwithstanding the existence of warranty items after installation.
41. Installation of countertops, flooring or other material on or adjacent to the cabinets constitutes acceptance of the cabinet installation. Structures will not be responsible for the labor or material costs of subsequent trade contractors who are dependent on cabinet placement for installation of their product.
42. Installation constitutes acceptance. Regardless of whether the contract includes cabinet installation by Structures or its subcontractors, the cabinets must be opened and inspected within 24 hours of delivery and Structures must be notified immediately of any damage to cabinets, doors and trim. Any damage to cabinets, doors, and trim will not be warrantied after this period. Any additional costs for labor, transportation, fabrication, modification, or materials are the Customer’s responsibility. Structures is not responsible for any material damage once the product is delivered and inspected, or the time for inspection has passed. DocuSign Envelope ID: 8A45F217-1BFD-4B5B-AAED-27747755FB54
43. Modifications of cabinets by other trades voids any warranties from Structures and Structures is not responsible for any such repair. Any such repair, if possible, will be performed only by Change Order at an additional cost to Customer.
44. Structures is not responsible for damage to cabinets caused by other trades. Customer shall be available for inspection of the work performed on the final day of installation or immediately thereafter and all warranty items, if any, shall be noted.
45. The making of final payment shall constitute a waiver of all claims by the Customer except those arising from: (1) Unsettled mechanics’ liens, security interests or other encumbrances arising out of the Contract; (2) Failure of the Work to comply with the requirements of the Contract Documents; (3) Terms of special warranties required by the Contract Documents; or (4) Claims relating to improper workmanship, latent defects, or defective materials which are unknown to, or undiscovered by the Owner as of the date of final payment.
46. Acceptance of final payment by the Contractor constitutes a waiver of claims except for those previously made in writing and identified as unsettled at the time of final Application for Payment. The acceptance of final payment by the Contractor shall constitute a waiver of all claims by the Contractor except those: (1) Previously made in writing and unsettled at the time of final payment; and (2) Claims for indemnification that arise after final payment.
47. Under Arizona Revised Statutes §32-1155, Customer has the right to file a written complaint against the Contractor with the Arizona Registrar of Contractors within two years after substantial completion for the commission of an act in violation of Arizona Revised States §32-1154(A).
The Arizona Registrar of Contractors can be contacted at 602-542-1525 or at its website www.azroc.gov
Customers’ Initials: __________ __________
48. The Contractor warrants to the Owner that all materials will be new, unless otherwise specified. Contractor also agrees to perform the work in substantial conformance with the Contract Documents. Contractor warrants the good workmanship of its cabinet installation. The Contractor will collect any written manufacturer’s warranties and equipment manuals and deliver those to the Customer. Contractor, unless specified herein, shall not be responsible to Owner for any warranties that any subcontractor, supplier or manufacturer furnishes, even if said documents are provided to Customer by Contractor. Customer agrees to contact any subcontractor, supplier, or manufacturer directly regarding any issues with said warranties on the cabinets or related equipment. Upon request by Customer, Contractor may contact any subcontractor, supplier or manufacturer for assistance with Customer’s request.
49. No warranty extends to any part of the work which is damaged by any of the following conditions or events: normal wear and tear during normal usage, damages by the elements or acts of God, use for which the cabinets were not intended, abuse, neglect, incorrect operation or lack of care, improper or insufficient maintenance, vandalism, terrorism, civil disturbance, war, modifications performed by Customer or others retained by Customer, and addition or substitution of equipment or material not expressly authorized which affects the operation or designed use of the cabinets.
50. Contractor expressly denies any responsibility or liability for incidental or consequential damages arising out of or as a result of the use or ownership of the real property and it is agreed by the parties that in the event of a material breach of this contract by Contractor the Customer’s sole damages are limited to the cost of repair or the contract price stated, whichever is less.
51. The Contractor and Customer waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes any and all damages incurred by the Customer for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and any and all damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this agreement.
52. Structures expressly warrants the workmanship of all cabinets it installs for two (2) years. If, within two years after the date installation of the Work is substantially completed, any of the Work is found to be non- conforming, the Contractor shall promptly correct it after receipt of written notice from the Customer, unless the Customer has previously provided the Contractor with written acceptance of such condition. The Customer shall give such notice promptly after discovery of the condition. During the two-year period for correction of Work, if the Customer fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Customer waives the right to require correction by the Contractor and to make a claim for breach of warranty. In the event Contractor is requested to make such correction under this warranty, and a service representative is sent to the site and it is determined that no repair is required by this warranty, then Customer shall be responsible to pay DocuSign Envelope ID: 8A45F217-1BFD-4B5B-AAED-27747755FB54
Contractor a reasonable service fee for any such service call. If cabinet installation was not performed by Structures, a Change Order will be required to install or replace warrantied items.
53. Termination by Contractor. Upon seven (7) days written notice to Customer, Contractor may terminate this Agreement if the project is stopped for a period of 30 days under an order of any court, or any other public authority having jurisdiction, or as a result of an act of government, such as declaration of national emergency making materials unavailable, through no act or fault of the Contractor; or if the Customer fails to make timely payment to the Contractor, or commits any other material breach by the Customer, then the Contractor upon seven (7) days written notice may terminate this agreement for cause and recover from the Customer in accordance with Arizona law and the terms of this contract for payment for all work performed, and any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including the Contractor’s reasonable anticipated profit on the unperformed balance of the contract.
54. Termination by Customer. If the Contractor materially breaches the Contract Documents, then after seven days (7) written notice to the Contractor, the Customer may terminate the Contract and seek recovery from the Contractor for its cost to repair or the Contract price stated, whichever is less, in accordance with Arizona law and the terms of this Contract.
55. This Contract represents the entire and integrated agreement between the parties hereto and supersedes any and all prior negotiations, representations or agreements, either written or oral. This contract shall be binding upon and inure to the benefit of the executors, administrators, assigns, and legal successors of the parties hereto.
56. This Contract shall be construed and enforced in accordance with the laws of the State of Arizona. Further, if the parties are participating in an arbitration proceeding pursuant to Paragraph 24 above as the method of binding dispute resolution, the Revised Uniform Arbitration Act, as codified in Arizona, shall govern.
57. This agreement is not binding upon Contractor unless and until it is accepted by an authorized officer thereof.
58. Should any part of this agreement be declared invalid for any reason, such decision shall not affect the validity of any remaining portions and shall remain in full force and affect as if the invalid portion had been eliminated.
2/7/2023 ________________________________________ ____________________________________ Structures Cabinet & Design, LLC Customer Date
Rob O'Malley 2/6/2023 By:__________________ Date___________ ____________________________________ Printed Customer Date Received 12/15/2023 ROC Legal Received 12/18/23, 8:23 AM State of Arizona Mail - Case #2023-12734-Written Answer 12/15/2023 ROC Legal
Answers - AZROC <[email redacted]>
Case #2023-12734-Written Answer message
Michael McCurdy <[email redacted]> Fri, Dec 15, 2023 at 5:02 PM To: "[email redacted]" <[email redacted]>
Please see attached written answer for above named case.
Michael McCurdy
President
Structures Cabinet and Design LLC
Noblessa | Phoenix
2090 E. University Dr. Ste. 106
Tempe, AZ 85281
Office: (480) 794-1966
Direct: (602) 540-4723
Fax : (480)668-4266
ROC- Written Answer- Vedeen- 12.15.2023.pdf 251K
https://mail.google.com/mail/b/AEoRXRSdzc67boLez2DXiimUu3r_dO0QVT4TE3qR6A98YjVGT2OK/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/1 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