2023A-13217-NPC-ROC Notice of Hearing and Packet MAILED
2023A-13217-NPC-ROC · Registrar of Contractors · 2024-01-24
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Butierez Painting LLC, Case No. 2023-13217 COMPLAINANT, Docket No. 2023A-13217-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE MAC3 LLC License No. ROC 310295,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: March 6, 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 27, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(10)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing.
Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.
A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented
by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of
any change of address within five (5) days of the change. A.R.S. § 41-1092.04. HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via
video conference or telephone unless requested by a party to appear in-person. Requests for
the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit
additional evidence, they must do so during the hearing after completing a disclosure
statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a
subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.
The party seeking a subpoena must serve notice on all the parties to the hearing, and on the
Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a
disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the
party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE
The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced
or delayed, and the position of all other parties regarding the advancement or delay.
A party may also file a motion asserting a right to an expedited hearing upon a showing of
extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.”
Dated January 23, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail January 23, 2024 to: Respondent(s) MAC3 LLC 125 W Alturas St Tucson, AZ 85705
Andrew J. Wenker, Esq. 6730 N. Scottsdale Road, Suite 101 Scottsdale, AZ 85253 Complainant(s) Butierez Painting LLC 11885 N Musket Rd Marana, AZ 85653
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. 2023-13217 /
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 30, 2023
Via U.S. Mail and Email
Complainant Butierez Painting LLC DBA: Express Painting 11885 N Musket Rd Marana, AZ 85653
Respondent MAC3 LLC 125 W Alturas St Tucson, AZ 85705
Re: Complaint No. 2023-13217
Dear Complainant and Respondent:
The Registrar received a complaint filed against MAC3 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 December 7, 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 December 7, 2023 and will review Respondent’s response, if one is submitted.
Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.
Sincerely,
/s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received 12/06/2023 ROC Legal
Marc Canales – Managing Member ROC #310295 520-664-7467 [email redacted]
Reference: 2023-13217
To Whom It May Concern:
I am responding to the above listed complaint. I have read the complaint, and do not agree that it has depicted an accurate account of what has transpired.
The complaint states that MAC3 LLC has not paid the bill issued by Butierez Paint, and this is accurate. But, MAC3 LLC is not withholding owed monies from Butierez Paint, it is quite the opposite. Payment for services rendered have not been paid to MAC3 to, in turn, pay Butierez Paint. These companies, Sol and Aspire, have not paid their invoices to MAC3 because of discrepancies they claim from Butierez Paint. In Attachment 1 and 2, both Sol and Aspire, describe and example discrepancies in their billing from Butierez Paint and have therefore not paid until they are cleared. They do not feel Butierez Paint billed them correctly. MAC3 has been working with Butierez Paint, Sol and Aspire in attempt to get this rectified amicably.
In addition, the submitted invoicing/accounting does not show a $30,000 loan MAC3 paid to Butierrez Paint to cover their payroll and expenses during the process. Without this credit, accounting is not accurate or valid. Submitted numbers are not accurate. See attached images ? (I can provide cashiers check receipt if necessary).
As a reference, since the Sol and Aspire jobs, MAC3 has provided Butierez Paint with numerous jobs and has paid out more than $38,000 to them. Outstanding balances, other than the Sol and Aspire jobs, are at Received 12/06/2023 ROC Legal
$0. MAC3 withholds no monies, pays for and has paid for all services rendered by Butierez Paint or other subcontractors.
In summary, the above referenced complaint is neither described in its entirety nor is it correct in its accounting. Per the attachments shown, both Aspire and Sol have shown and are arguing discrepancies in their billing. Once billing is reworked, you can see in the attachment, neither Aspire nor Sol has a problem paying their invoices. I am working with both parties to resolve/negotiate. If this does not happen, I have already contacted attorneys to help settle the matter. This matter cannot be judged on the amount stated for the reasons of billing discrepancies and also accounting does not reflect the loan provided from MAC3 to Butierez Paint during this process. It is not a matter of MAC3 not willing to pay Butierez Paint, it is a matter of clearing any discrepancies, having Aspire and Sol clear invoices, and clearing balances.
Respectfully,
Marc Canales MAC3 LLC Received 12/06/2023 ROC Legal Received 12/06/2023 ROC Legal Received 12/06/2023 ROC Legal Received 12/06/2023 ROC Legal Received 12/06/2023 ROC Legal Received 12/06/2023 ROC Legal Received 12/06/2023 ROC Legal eceived 06/2023 C Legal eceived 06/2023 C Legal Received 12/8/23, 8:39 AM State of Arizona Mail - Ref. 2023-13217 12/06/2023 ROC Legal
Legal New Mail - AZROC <[email redacted]>
Ref. 2023-13217 message
marc canales <[email redacted]> Wed, Dec 6, 2023 at 11:28 PM To: [email redacted], Marc Canales <[email redacted]>
Please find attached. Thank you for your attention in this matter
Marc Canales
Document 1 (Aspire)
Document 2 (Aspire)
Document 3 (Sol)
Document 4 (MAC3 to Butierez Paint regarding a $30k Loan during process)
Document 5 (MAC3 to Butierez Paint regarding $30k Loan during process)
https://mail.google.com/mail/b/AEoRXRRzdvHfALjP61BLJdPP2gZ35XifUTFGVoYqzb1C_INj2zaU/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 1/3 Received 12/8/23, 8:39 AM State of Arizona Mail - Ref. 2023-13217 12/06/2023 ROC Legal
attachments
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https://mail.google.com/mail/b/AEoRXRRzdvHfALjP61BLJdPP2gZ35XifUTFGVoYqzb1C_INj2zaU/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 2/3 Received 12/8/23, 8:39 AM State of Arizona Mail - Ref. 2023-13217 12/06/2023 ROC Legal
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ROC Response Letter.docx 137K
https://mail.google.com/mail/b/AEoRXRRzdvHfALjP61BLJdPP2gZ35XifUTFGVoYqzb1C_INj2zaU/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 3/3 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Case No. 2023-13217 Butierez Painting LLC,
COMPLAINANT, v. CITATION MAC3 LLC, License No. ROC 310295,
RESPONDENT.
The Registrar issues this Citation to MAC3 LLC, (“Respondent”) under A.R.S. § 32- 1155(A). If Respondent fails to answer this Citation by January 11, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On November 15, 2023, Butierez Painting LLC (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-13217. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]
The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.
If Respondent submits a written answer by mail, it is not filed with the Registrar until the
Registrar actually receives it.
Deadline for Filing a Written Answer: Respondent must file a written answer with the
Registrar no later than January 11, 2024. of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE
Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated December 27, 2023. By: /s/ Chance Peterson Chance Peterson General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 27, 2023 to:
Respondent Certified Mail No: [number redacted]
MAC3 LLC 125 W Alturas St Tucson, AZ 85705 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 mailed by USPS First Class mail this same date to: Respondent MAC3 LLC 125 W Alturas St Tucson, AZ 85705-8605 Complainant Butierez Painting LLC 11885 N Musket Rd Marana, AZ 85653 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. 2023-13217 / GM
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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 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received by Investigations 11/15/2023 2023-13217 Received 1/11/2024 ROC Legal
LANG THAL KING & HANSON PC 6730 N. SCOTTSDALE RD., SUITE 101 SCOTTSDALE, ARIZONA 85253 TELEPHONE (480) 534-4900 Please e-serve filings on: [email redacted] Please note new firm name and email addresses JAMES N. HANSON, #029091 [email redacted] (not for e-service) ANDREW J. WENKER, #034719 [email redacted] (not for e-service)
Attorneys for Respondent MAC3, LLC ARIZONA REGISTRAR OF CONTRACTORS Butierez Painting LLC, Case No.: 2023-13217 Complainant, ANSWER TO CITATION v. MAC3 LLC, License No. ROC 310295, Respondent. Respondent disputes the allegations enumerated in the Citation issued in this matter. Respondent denies that it has violated the charges listed therein by the Registrar, and respectfully requests that this matter be referred to a hearing before the Office of Administrative Hearing. In addition, Respondent raises the following defenses: There is no enforceable contract between Complainant and Respondent; Respondent was not paid for any of Complainant’s work; Complainant overbilled for its work according to the owner; Respondent lacks the capacity to pay; and Even if there was an enforceable contract between the parties, Respondent would not have met the definition of a “contractor,” pursuant to A.R.S. § 32-1101, because it did not seek compensation for Complainant’s alleged work on at least one project at issue. Received 1/11/2024 ROC Legal
Finally, given that this is a six-figure payment dispute, Respondent hereby puts Complainants and the Registrar on notice that it may seek a stay of this action so that this large contract dispute can be litigated in Superior Court. DATED this 11th day of January, 2024. LANG THAL KING & HANSON PC By: /s/ Andrew J. Wenker James N. Hanson Andrew J. Wenker Attorneys for Respondent ORIGINAL sent via e-mail this 11th day of January, 2024, to: Arizona Registrar of Contractors 1700 W. Washington Street, Ste. 105 Phoenix, AZ 85007 [email redacted] [email redacted] COPY emailed this same day to: Butierez Painting LLC 11885 N. Musket Rd. Marana, AZ 85653 [email redacted] Complainant By: /s/ Amanda Smith
Received 1/12/24, 8:23 AM State of Arizona Mail - MAC3, LLC adv. Butierez Painting LLC (ROC Case No. 2023-13217) 1/11/2024 ROC Legal
Answers - AZROC <[email redacted]>
MAC3, LLC adv. Butierez Painting LLC (ROC Case No. 2023-13217) message
Amanda Smith <[email redacted]> Thu, Jan 11, 2024 at 1:06 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: "[email redacted]" <[email redacted]>, James Hanson <[email redacted]>, Andrew Wenker <[email redacted]>
Good Afternoon,
Attached for filing please find a Notice of Appearance and Answer to Citation regarding the above-referenced matter. Please let me know if you have any questions.
Thank you,
Amanda
Amanda Smith Legal Assistant Direct: 480-534-4894 | Website | vCard 6730 N. Scottsdale Rd., Suite 101 | Scottsdale, AZ 85253 480-534-4900 NOTICE: This message and its attachments are confidential and may be attorney-client privileged. They are protected by law. If you are not the intended recipient, please destroy the message in both electronic and paper form and notify Lang Thal King & Hanson at 480-534-4900 or by email to the sender. Thank you. Lang & Klain, PC is now Lang Thal King & Hanson PC
attachments Answer to Citation.pdf 138K Notice of Appearance.pdf 116K
https://mail.google.com/mail/b/AEoRXRSMXjw81ppQ79th8paaK8p7r0LbfnUl5Ld94r2cbmdTdlEH/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=… 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