2023A-13149-NPC-ROC Notice of Hearing and Packet MAILED

2023A-13149-NPC-ROC · Registrar of Contractors · 2024-01-02

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Phoenix Cabinets II LLC, Case No. 2023-13149 COMPLAINANT, Docket No. 2023A-13149-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Cadiente Construction LLC License No. ROC 264008,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: February 13, 2024 9:00 AM 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 1, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(10)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing.

Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing. [IF NO

PAY COMPLAINT DELETE THIS SENTENCE.]

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) Cadiente Construction LLC 5135 E Ingram St #2 Mesa, AZ 85205 Shane D. Buntrock Esq 2158 N Gilbert Rd Ste 119 Mesa, AZ 85203

Complainant(s) Phoenix Cabinets II LLC 896 W Del Rio St CHANDLER, AZ 85225

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-13149 /

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

November 16, 2023

Via U.S. Mail and Email

Complainant Phoenix Cabinets II LLC 896 W Del Rio St Chandler, AZ 85225

Via U.S. Mail and Email

Respondent Cadiente Construction LLC 5135 E Ingram St #2 Mesa, AZ 85205

Re: Complaint No. 2023-13149

Dear Complainant and Respondent:

The Registrar received a complaint filed against Cadiente Construction LLC for non-payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by November 24, 2023. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before November 24, 2023 and will review Respondent’s response, if one is submitted.

Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Sincerely,

/s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department and Recovery Fund AZ Registrar of Contractors 602-542-1525

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Printed Name Signature Date Josefina Perez INVOICE Phoenix Cabinets LLC 896 W Del Rio St Chandler, Arizona 85225 United States

Phone: [number redacted] Mobile:

BILL TO Invoice Number: 550 Service Master Restoration By Cadiente Invoice Date: March 31, 2023 5135 EIngram St Suite # 2 Payment Due: July 30, 2023 Mesa, Arizona 85205 Amount Due (USD): $18,312.50 United States Pay Securely Online

Items Quantity Price Amount

4611 E Solano Dr 1 $18,745.00 $18,745.00 Kitchen Cabinets; Color: white shaker Black hardware

Oven 338424 1-w3312GD 2-24DB 2-w2430 2-3012GD 2-9FD 1-B18T 2-w2130 2-w2112GD 1-w3330 1-w3312GD 2-30DB 1-w3030 1-w3012GD 1-w361224 1-w3612GD 1-w1536 1-w1542

Price includes installation,fillers,panels, toe kick,scribe

*Please note change was made to the Refrigerator wall. Box in to a w1530 and B15 coffee bar.

*Island has been changed to a standard island with additional cabinet added in shaker blue

Page 1 of 3 for Invoice #550 INVOICE Phoenix Cabinets LLC 896 W Del Rio St Chandler, Arizona 85225 United States

Phone: [number redacted] Mobile:

Items Quantity Price Amount

4611 E Solano Dr 1 $5,210.00 $5,210.00 Kitchen island Color: Blue Gold Hardware

4611 E Solano Dr 1 $2,900.00 $2,900.00 Fireplace cabinets; Color; Blue

4611 E Solano Dr 1 $2,020.00 $2,020.00 Master Bathroom: Vanity Color;Blue 2-28.6 DB White shaker based on final frame *Please note that Master bath vanities were changed to 2-VS shaker blue & 18(3) DB shaker blue

4611 E Solano Dr 1 $7,720.00 $7,720.00 Laundry Room Gray shaker W301224 W242412 P248424

4611 E Solano Dr 1 $2,650.00 $2,650.00 Guest Bathroom Grey shaker 2-30VS *Please note there was a change to 2-24VS and 1-18(3)DB

Page 2 of 3 for Invoice #550 Received 11/22/2023 ROC Legal

SENT VIA U.S. MAIL AND EMAIL

November 22, 2023

Arizona Registrar of Contractors C/o: Shaquira Adebule Legal Department and Recovery Fund 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Re: Complaint Number 2023-13149

Ms. Adebule,

I am writing in response to the complaint filed by Phoenix Cabinets, LLC., dated November 16, 2023, complaint number referenced above. After the initial complaint filed by Complainant, Respondent inspected all invoicing and communication related to Respondent’s interactions with the Complainant. Respondent is currently working through a related ROC Complaint (Complaint #2023-05679) of which Complainant’s workmanship is a majority of the root of the complaint by the homeowner. Respondent has been in communication with Complainant regarding the poor workmanship, for which Complainant has failed to rectify. As a result, Respondent’s only recourse is to back charge Complainant for monies owed as Complainant has already been paid for the faulty workmanship claim.

Additionally, as demonstrated by the records provided by Complainant (see Complaint documents pages 8-11) Complainant consistently fails to respond to inquiries, emails, voicemails and text messages.

Immediately after receipt of this complaint, attempts were made to contact Complainant to resolve any outstanding invoices via email and voicemail. To date, no reply has been received by Respondent.

I will immediately address this matter with Complainant as soon as contact is established.

Best Regards,

Chris Campbell ServiceMaster Restoration by Cadiente Vice-President Office: (480)-988-3657 Mobile: 480-212-3148 Email: [email redacted] Received 11/22/23, 2:11 PM State of Arizona Mail - Complaint No. 2023-13149 11/22/2023 ROC Legal

Legal New Mail - AZROC <[email redacted]>

Complaint No. 2023-13149 messages

Chris Campbell <[email redacted]> Wed, Nov 22, 2023 at 12:15 PM To: "[email redacted]" <[email redacted]> Cc: Garron Cadiente <[email redacted]>

Ms. Adebule,

Please see the attached documents and response related to the above referenced Complain Number. Please let me know if any additional information is required. Thank you for help with this matter.

Regards,

Chris Campbell ServiceMaster Restoration by Cadiente Vice President O: (480) 988-3657 www.cadienteaz.com

attachments phx cabs ROC reply_11.21.23_Complaint 2023-13149.pdf 114K ROC Complaint Notice of Non Pay_2023-13149.pdf 2970K

Chris Campbell <[email redacted]> Wed, Nov 22, 2023 at 12:23 PM To: "[email redacted]" <[email redacted]> Cc: Garron Cadiente <[email redacted]>

https://mail.google.com/mail/b/AEoRXRT5zNB4ZGoYvAyULZuY8ReBQ0Zab9fUmUnE31eGvSlt0XdO/u/0/?ik=d3afebeda9&view=pt&search=all&per… 1/2 Received 11/22/23, 2:11 PM State of Arizona Mail - Complaint No. 2023-13149 11/22/2023 ROC Legal

I am resending this email response as I did not receive a Confirmation of Receipt for the first email sent.

Regards,

Chris Campbell ServiceMaster Restoration by Cadiente Vice President O: (480) 988-3657 www.cadienteaz.com

[Quoted text hidden]

attachments phx cabs ROC reply_11.21.23_Complaint 2023-13149.pdf 114K ROC Complaint Notice of Non Pay_2023-13149.pdf 2970K

https://mail.google.com/mail/b/AEoRXRT5zNB4ZGoYvAyULZuY8ReBQ0Zab9fUmUnE31eGvSlt0XdO/u/0/?ik=d3afebeda9&view=pt&search=all&per… 2/2 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2023-13149 Phoenix Cabinets II LLC,

COMPLAINANT, CITATION v. Cadiente Construction LLC License No. ROC 264008, RESPONDENT.

The Registrar issues this Citation to Cadiente Construction LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 16, 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 14, 2023, Phoenix Cabinets II LLC (“Complainant”) filed a written complaint with the Registrar against Respondent. 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:

of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-13149. 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. 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 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 16, 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. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the 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 authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated December 1, 2023. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 1, 2023 to: 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 Respondent Certified Mail No: [number redacted] Cadiente Construction LLC 5135 E Ingram St #2 Mesa, AZ 85205

Copy mailed by USPS First Class mail this same date to: Respondent Cadiente Construction LLC 5135 E Ingram St #2 Mesa, AZ 85205 Complainant Phoenix Cabinets II LLC 896 W Del Rio St Chandler, AZ 85225 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. 2023-13149 / SA

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 1740 W Adams St., Lower Level, 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 November 16, 2023

Via U.S. Mail and Email

Complainant Phoenix Cabinets II LLC 896 W Del Rio St Chandler, AZ 85225

Via U.S. Mail and Email

Respondent Cadiente Construction LLC 5135 E Ingram St #2 Mesa, AZ 85205

Re: Complaint No. 2023-13149

Dear Complainant and Respondent:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before November 24, 2023 and will review Respondent’s response, if one is submitted.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Sincerely,

/s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department and Recovery Fund AZ Registrar of Contractors 602-542-1525

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Printed Name Signature Date Josefina Perez Gma B ng 11/14/23 3 23 PM

Phoenix Cabinets LLC <[email redacted]>

Billing messages

Lauren Payne <[email redacted]> Wed, Nov 1, 2023 at 9:13 AM To: Phoenix Cabinets LLC <[email redacted]>

I have a couple of questions regarding the billing.

1. Is the hood vent apart of the original estimate? I think the first line item that says “Oven” is it but I am not 100% certain and want to confirm. 2. The remaining $18K balance is the full balance for the project in entirety. 3. Garron is meeting with Kemp and ROC next week, I am sure it will move quickly. Can we schedule for the installation of the items that were re-ordered?

Respectfully,

Phoenix Cabinets LLC <[email redacted]> Wed, Nov 1, 2023 at 11:25 AM To: Lauren Payne <[email redacted]>

Hi Lauren, On the invoice oven338424 is the oven cabinet. The hood was never on our invoice as we were never supposed to provide it as we were told several times from the home owner and John that Garron was making a custom hood for the hood. It was not until June that we started talking about possibly providing one then nothing was brought up again until August then again in September.

https //ma goog e com/ma /u/0/? 16dd4167de&v ew pt&search a… msg a r [number redacted]&s mp msg a s [number redacted] Page 1 of 2 Gma B ng 11/14/23 3 23 PM

Yes the remaining balance for this invoice is $18312.50. I also have 3 other invoices we have not been paid for. I have attached the additional invoice to this email. As for Kemp we have the 4 w2442 cabinets, 1- 2412 cabinet, panels and hood. In which the doors were to be taken to use on the existing cabinets it was never supposed to be a full reinstall. The hood was to be removed and given back to us in exchange for this new one. My understanding was that Cadiete would be replacing the doors with us providing the doors, panels and hood. The existing hood being given back to us for the exchange of the new one. Thank you, Josie [Quoted text hidden]

attachments Invoice_477_2023-03-22-3.pdf 88K Invoice_478_2023-03-10-3.pdf 88K Invoice_537_2023-06-21-5.pdf 87K

Phoenix Cabinets LLC <[email redacted]> Mon, Nov 13, 2023 at 12:06 PM To: Lauren Payne <[email redacted]>

Hi Lauren, I am following up on the hood exchange and cabinets for Kemp. Thanks, Josie [Quoted text hidden]

https //ma goog e com/ma /u/0/? 16dd4167de&v ew pt&search a… msg a r [number redacted]&s mp msg a s [number redacted] Page 2 of 2 Gma Hood for coo top 11/14/23 3 27 PM

Phoenix Cabinets LLC <[email redacted]>

Hood for cooktop messages

Kate Behrens <[email redacted]> Tue, Sep 12, 2023 at 5:10 PM To: Josie / Josh <[email redacted]>, Lauren <[email redacted]>

I had a meeting with Nate we discussed the hood top. Josie is going to handle getting it ordered and getting it to he one I wanted. This was in he change order with Garron . All our change orders have been paid in full.

Please make sure Josie gets the deposit money to place the order as not to hold up installation. We are close, but cannot have delays.

Thank you Kathryn Behrens

Sent from my iPhone

Lauren Payne <[email redacted]> Wed, Sep 13, 2023 at 2:01 PM To: Josie / Josh <[email redacted]>, Nate Peters <[email redacted]> Cc: Kate Behrens <[email redacted]>

Hi Josie, I have not received any numbers for this, can you please send over ASAP?

Respectfully, [Quoted text hidden]

Lauren Payne <[email redacted]> Tue, Sep 19, 2023 at 1:49 PM To: Josie / Josh <[email redacted]>, Nate Peters <[email redacted]>

Hi Josie, Any update?

Respectfully, [Quoted text hidden]

Phoenix Cabinets LLC <[email redacted]> Tue, Sep 19, 2023 at 3:30 PM To: Lauren Payne <[email redacted]>

Have not heard back yet. I will send him a message [Quoted text hidden]

Lauren Payne <[email redacted]> Tue, Sep 19, 2023 at 3:34 PM To: Phoenix Cabinets LLC <[email redacted]>

Thank you. I appreciate it.

Respectfully,

[Quoted text hidden]

Lauren Payne <[email redacted]> Wed, Sep 20, 2023 at 8:28 AM To: Phoenix Cabinets LLC <[email redacted]> Cc: Nate Peters <[email redacted]>

If he is this busy, maybe we should just order from hoodsy?

https //ma goog e com/ma /u/0/? 16dd4167de&v ew pt&search a… mp msg a r6155516535416326283&s mp msg f [number redacted] Page 1 of 4 Gma Hood for coo top 11/14/23 3 27 PM

Nate, do you have an opinion? Hoodsy is 4-6 weeks out for it coming painted Josie can get in 1-2 weeks unfinished and have a painter paint them but he has not responded to her question regarding pricing since last week What are your thoughts?

Respectfully,

From: Phoenix Cabinets LLC <[email redacted]> Sent: Tuesday, September 19, 2023 3:31 PM To: Lauren Payne <[email redacted]> Subject: Re: Hood for cooktop

Have not heard back yet. I will send him a message

[Quoted text hidden]

Lauren Payne <[email redacted]> Tue, Oct 17, 2023 at 11:33 AM To: Phoenix Cabinets LLC <[email redacted]> Cc: Nate Peters <[email redacted]>

Hello,

What is the status on the hood?

Respectfully,

[Quoted text hidden]

Lauren Payne <[email redacted]> Wed, Oct 25, 2023 at 10:13 AM To: Phoenix Cabinets LLC <[email redacted]> Cc: Nate Peters <[email redacted]>

Hi Josie,

I haven’t heard anything in a while, please let me know an update within 24 hours or I will have to look into other options

[Quoted text hidden]

https //ma goog e com/ma /u/0/? 16dd4167de&v ew pt&search a… mp msg a r6155516535416326283&s mp msg f [number redacted] Page 2 of 4 Gma Hood for coo top 11/14/23 3 27 PM

Phoenix Cabinets LLC <[email redacted]> Wed, Oct 25, 2023 at 10:52 AM To: Lauren Payne <[email redacted]> Cc: Nate Peters <[email redacted]>

Hi Lauren, I have outstanding balances on invoices that are past due hat I have been emailing on with no response. I can not provide an additional product wi hout getting paid. Please let me know how we can move forward.

Thank you, Josefina Perez

[Quoted text hidden]

Lauren Payne <[email redacted]> Wed, Oct 25, 2023 at 10:57 AM To: Phoenix Cabinets LLC <[email redacted]> Cc: Nate Peters <[email redacted]>

I have been sending emails asking for updates I need to know if it is even in or if it is at the painters

[Quoted text hidden]

Phoenix Cabinets LLC <[email redacted]> Wed, Oct 25, 2023 at 11:15 AM To: Lauren Payne <[email redacted]> Cc: Nate Peters <[email redacted]>

Again Lauren nothing is happening until I get paid. I have been sending out emails Josh has been trying to contact Nate for payment and have gotten no response. How am I supposed to provide more products wi h no payment? If you need to move in a different direction on getting it, then please do so. I will be turning the invoices for non payment for collection. Thank you, Josefina [Quoted text hidden]

Lauren Payne <[email redacted]> Wed, Oct 25, To: Phoenix Cabinets LLC <[email redacted]> Cc: Nate Peters <[email redacted]>

Again Josie, I am asking you if it was ordered or if it is sitting at your “warehouse” If it wasn’t ordered, then ok I have asked about it via email multiple times with no responses I have screenshot below Kate says you ordered on 9/21

I get you will not install it without payment but I am trying to figure out if it was ordered or not

https //ma goog e com/ma /u/0/? 16dd4167de&v ew pt&search a… mp msg a r6155516535416326283&s mp msg f [number redacted] Page 3 of 4 Gma Hood for coo top 11/14/23 3 27 PM

[Quoted text hidden]

https //ma goog e com/ma /u/0/? 16dd4167de&v ew pt&search a… mp msg a r6155516535416326283&s mp msg f [number redacted] Page 4 of 4 INVOICE Phoenix Cabinets LLC 896 W Del Rio St Chandler, Arizona 85225 United States

Phone: [number redacted] Mobile:

[email redacted] Pay Securely Online

Items Quantity Price Amount

4611 E Solano Dr 1 $18,745.00 $18,745.00 Kitchen Cabinets; Color: white shaker Black hardware

Oven 338424 1-w3312GD 2-24DB 2-w2430 2-3012GD 2-9FD 1-B18T 2-w2130 2-w2112GD 1-w3330 1-w3312GD 2-30DB 1-w3030 1-w3012GD 1-w361224 1-w3612GD 1-w1536 1-w1542

Price includes installation,fillers,panels, toe kick,scribe

*Please note change was made to the Refrigerator wall. Box in to a w1530 and B15 coffee bar.

*Island has been changed to a standard island with additional cabinet added in shaker blue

Page 1 of 3 for Invoice #550 INVOICE Phoenix Cabinets LLC 896 W Del Rio St Chandler, Arizona 85225 United States

Phone: [number redacted] Mobile:

Items Quantity Price Amount

4611 E Solano Dr 1 $5,210.00 $5,210.00 Kitchen island Color: Blue Gold Hardware

4611 E Solano Dr 1 $2,900.00 $2,900.00 Fireplace cabinets; Color; Blue

4611 E Solano Dr 1 $7,720.00 $7,720.00 Laundry Room Gray shaker W301224 W242412 P248424

4611 E Solano Dr 1 $2,650.00 $2,650.00 Guest Bathroom Grey shaker 2-30VS *Please note there was a change to 2-24VS and 1-18(3)DB

Page 2 of 3 for Invoice #550 Received 12/15/2023 ROC Legal

2158 N. Gilbert Road, Suite 119 Mesa, Arizona 85203 Telephone (480) 664-7728 Facsimile (480) 668-3110 Shane D. Buntrock, Esq. (SBN 019693) Email [email redacted] Attorneys for Respondent

BEFORE THE REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Phoenix Cabinets II LLC, ROC Case No. 2023-13149 Complainant, WRITTEN ANSWER TO vs. CITATION AND COMPLAINT Cadiente Construction LLC, DBA: Service Master Restoration By Cadiente, License No. ROC 264008, Respondent. Pursuant to A.R.S. § 32-1155, Respondent Cadiente Construction LLC, DBA: Service Master Restoration By Cadiente, ("Respondent") submits this Written Answer to Citation and Complaint to the Arizona Registrar of Contractors ("ROC") as follows: I. INTRODUCTION This matter arises from a contractual dispute between the Complainant and the Respondent. The parties have a course of dealing between them and the obligation to pay was not due nor had it ripened pursuant to their course of dealing. The invoice is misleading and due to poor communication from the Complainant it is believed the invoice was not due. Prior to the invoice becoming due, the Respondent discovered workmanship deficiencies with Complainant’s work such that Respondent has a claim for back charges or offset.

Received 12/15/2023 ROC Legal

II. FACTUAL BACKGROUND 1. Complaint and Respondent have a course of dealing between them with

Complainant performing work for Respondent on various jobs.

2. Complainant attached an invoice dated March 31, 2023 but not stated to be

due until July 30, 2023. Respondent cannot tell when the invoice was received and

therefore does not believe the invoice or payment was due on that date.

3. Respondent and Complainant had a course of dealing with the payment was

not due until the work was completed, the work was accepted by the homeowner and there

were no other outstanding offsets.

4. Prior to the stated due date of the invoice, Respondent became aware of

workmanship deficiencies by the Complainant that would legally result in Respondent

being able to back charge or offset against the Complainant claim.

5. However, on the job the Complainant caused workmanship deficiencies and

homeowner complaints due to the actions or inactions of the Complainant, the Complaint

had already been paid in full.

6. Thus, Respondent had an offset and that coupled with the parties’ course of

dealing did not make the payment due.

III. THE CITATION 7. On December 01, 2023, the Arizona Registrar of Contractors (“AROC”)

issued a Citation to Respondent for non-payment of materials.

8. Charge 1 of the Citation alleges that Respondent violated A.R.S. § 32-

1154(A)(10).

9. A.R.S. § 32-1154(A)(10) provides

Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as

Received 12/15/2023 ROC Legal

payment for the particular construction work project or operation for which the services or materials were rendered or purchased. 10. Respondent has not paid the Complaint as the amount invoiced was not legally due on the date of the invoice. 11. “[A]n uncured material breach of contract relieves the non-breaching party from the duty to perform and can discharge that party from the contract.” Murphy Farrell Dev., LLP v. Sourant, 229 Ariz. 124, 133, ¶ 33, 272 P.3d 355 (App. 2012). 12. Respondent has a valid right of setoff and therefore pursuant to their course of dealing the invoice amount was not due.

IV. CONCLUSION

Respondent requests that an evidentiary hearing be set to determine whether the

amount of the invoice was in fact due and if the Complaint had valid setoffs that excused

payment pending the reconciliation of the workmanship deficiencies.

DATED this 15th day of December 2023.

BUNTROCK HARRISON & GARDNER LAW, PLLC

Shane D. Buntrock, Esq. Attorneys for Respondent FILED via EMAIL this 15th day of December 2023, to: Arizona Registrar of Contractors [email redacted] /s/ Kari Williams Kari Williams Paralegal

Received 12/18/23, 8:03 AM State of Arizona Mail - Answer for Complaint 2023-13149 12/15/2023 ROC Legal

Answers - AZROC <[email redacted]>

Answer for Complaint 2023-13149 message

Kari Williams <[email redacted]> Fri, Dec 15, 2023 at 4:13 PM To: "[email redacted]" <[email redacted]>

Good afternoon:

Please see the attached Answer for Complaint No. 2023-13149.

Have a good weekend,

Kari

Kari Williams | Paralegal

BUNTROCK HARRISON & GARDNER LAW, PLLC

2158 North Gilbert Road, Suite 119, Mesa, Arizona 85203

480-664-7728 office

480-659-6994 direct/text

480-668-3110 fax

[email redacted]

___________________________________________________________________________________________

This communication may contain CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and is

intended only for the use of the intended recipients identified above. If you are not the intended recipient of this

communication, you are notified that any unauthorized review, use, dissemination, distribution, downloading or

copying of this communication is strictly prohibited. If you are not the intended recipient and have received this

communication in error, please immediately notify us, delete the communication and destroy all copies.

www.BHGLaw.com

2023-12-15 Answer to Citation & Complaint 2023-13149.pdf 236K

https://mail.google.com/mail/b/AEoRXRSdzc67boLez2DXiimUu3r_dO0QVT4TE3qR6A98YjVGT2OK/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/1 Mediation Notice

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

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