2023A-13342-CHC-ROC Notice of Hearing & Packet MAILED 2023-13342.pdf

2023A-13342-CHC-ROC · Registrar of Contractors · 2024-05-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Melissa Tohlakai , Case No. 2023-13342

COMPLAINANT, Docket No. 2023A-13342-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Copper State Materials LLC DBA: Copper State Site Services License No. ROC 339659, 349778

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).

HEARING INFORMATION The hearing is set for:

June 24, 2024 9:00 AM Jenna Clark 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 February 28, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

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

be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET

In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated May 20, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail May 20, 2024 to:

Respondent(s) Copper State Materials LLC DBA: Copper State Site Services 871 Quarter Horse Rd Williams, AZ 86046 Complainant(s) Melissa Tohlakai 12688 Mesa View Road Williams, AZ 86046

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. 2023-13342 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Complainant: Melissa Tohlakai 12688 Mesa View Road WIlliams, AZ 86046

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Copper State Materials LLC DBA: Copper State Site Services 971 Quarter Horse Rd Williams, AZ 86046

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 November 30, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-13342

Dear Complainant and Respondent:

A formal complaint has been filed with the Arizona Registrar of Contractors.

A jobsite inspection is scheduled for December 15, 2023 at 2:00 PM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Melissa Tohlakai 12688 Mesa View Road WIlliams, AZ 86046

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Copper State Materials LLC DBA: Copper State Site Services 971 Quarter Horse Rd Williams, AZ 86046

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 December 7, 2023

Re: Complaint Number 2023-13342

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for December 15, 2023 at 2:00 PM has been rescheduled for December 18, 2023 at 2:00 PM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 12/13/23, 8:34 AM State of Arizona Mail - ROC Complaint 2023-13342 Inspection Rescheduled

Christopher Allison <[email redacted]>

ROC Complaint 2023-13342 Inspection Rescheduled [email redacted] <[email redacted]> Sat, Dec 9, 2023 at 10:47 AM To: Christopher Allison <[email redacted]>

Good Morning Chris,

I have a some utility hot taps and road closure in Flagstaff scheduled for the 18th-20th. I will not be available until the 21st.

Thank you,

Stephen L Fuller

928.900.3690

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=9a388841cf&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 Complainant: Melissa Tohlakai 12688 Mesa View Road WIlliams, AZ 86046

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Copper State Materials LLC DBA: Copper State Site Services 971 Quarter Horse Rd Williams, AZ 86046

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 December 13, 2023

Re: Complaint Number 2023-13342

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for December 18, 2023 at 2:00 PM has been rescheduled for December 27, 2023 at 2:30 PM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Complainant: Melissa Tohlakai 12688 Mesa View Road WIlliams, AZ 86046

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Copper State Materials LLC DBA: Copper State Site Services 871 Quarter Horse Rd Williams, AZ 86046

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 January 9, 2024

License No. ROC 339659

Re:Complaint No. 2023-13342

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on January 24, 2024.

RESTRICTIONS  You may not perform or hire other contractors to perform work that is outside the scope of your license.  If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Compliance Item: 1 - Contracted completion date set by Contractor was September 15, 2023 for installation of a concrete slab and septic system. We are now over two months past this date and neither is complete.; A different septic system was installed to that designed and specified by the engineer, neither I nor the engineer were made aware of this until it failed the County inspection. Leach fields were put in 20 inches apart instead of 5 feet apart as per the plans.

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: At the time of the inspection, all items were completed with the exception of the septic system.

Respondent shall complete the installs and obtain final approval from the building department. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

CC: Choose an item. Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Jobsite Inspection Notes

Case No.: 2023-13342 Investigator: Chris Allison Inspection Date: December 27, 2023 Inspection Time: 2:30 PM

Complainant: Melissa Tohlakai Respondent: Copper State Not Present: Materials LLC Not Present:

Jobsite General Notes:

Date Filed: 11/20/2023 Jobsite Address: 12688 Mesa View Road, Williams, AZ 86046 Contractor ROC#: 339659 Contract Date: 6/29/2023 Contract Amount: $56,252.00 Close of Escrow or Date Work Completed: Not Completed

I arrived at the complainant’s residence at the scheduled time. We proceeded to inspect the items on the complaint list and I found the following:

Complaint Item: 1 - Contracted completion date set by Contractor was September 15, 2023 for installation of a concrete slab and septic system. We are now over two months past this date and neither is complete. A different septic system was installed to that designed and specified by the engineer, neither I nor the engineer were made aware of this until it failed the County inspection. Leach fields were put in 20 inches apart instead of 5 feet apart as per the plans. Investigator’s Observation: At the time of the inspection, all items were completed with the exception of the septic system.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complainant: Melissa Tohlakai 12688 Mesa View Road WIlliams, AZ 86046

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: Copper State Materials LLC DBA: Copper State Site Services 871 Quarter Horse Rd Williams, AZ 86046

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 February 2, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-13342

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for February 12, 2024 at 2:00 PM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email.

CC: Choose an item. Choose an item. Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complainant: Melissa Tohlakai 12688 Mesa View Road WIlliams, AZ 86046

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Copper State Materials LLC DBA: Copper State Site Services 871 Quarter Horse Rd Williams, AZ 86046

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-13342 Investigator: Chris Allison Inspection Date: Monday, February 12, 2024 Inspection Time: 2:00 PM

Compliance Jobsite General Notes:

Respondent was not present for the inspection.

Compliance Findings:

Respondend did extend the leach lines. Respondent did not provide an aproved final inspection. Respondent did not backfill. Respondent

Respondent did not comply with the “Written Directive From the Regiatrar” issud on 1/9/2024

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244.

Sincerely,

Chris Allison Chris Allison, Investigator #193 Desk: (928) 637-0481 Cell: (928) 210-1587 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

Note: I will not respond to/accept any text messages. Any/all documents, photos, Etc. Will need to be emailed. Please reference complaint number in email. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Melissa Tohlakai, Case No. 2023-13342 COMPLAINANT, v. Copper State Materials LLC CITATION DBA: Copper State Site Services License No. ROC 339659,

RESPONDENT.

The Registrar issues this Citation to Copper State Materials LLC DBA: Copper State Site Services (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by March 13, 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 20, 2023, Melissa Tohlakai (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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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 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-13342. 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]

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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 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 March 13, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an

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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 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). 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.

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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 Dated February 27, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, February 27, 2024 to:

Respondent Certified Mail No: [number redacted]

Copper State Materials LLC DBA: Copper State Site Services 971 Quarter Horse Rd Williams, AZ 86046

Copy mailed by USPS First Class mail this same date to: Respondent Copper State Materials LLC DBA: Copper State Site Services 971 Quarter Horse Rd Williams, AZ 86046

Complainant Melissa Tohlakai 12688 Mesa View Road WIlliams, AZ 86046 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. 2023-13342

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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 12/20/23, 4:00 PM State of Arizona Mail - Rescheduled inspection

Christopher Allison <[email redacted]>

Rescheduled inspection Melissa Tohlakai <[email redacted]> Thu, Dec 14, 2023 at 4:04 PM To: Christopher Allison <[email redacted]>

Complaint Number 2023-13342

Thanks for your time on the phone yesterday, Chris.

Just to update on the developments as there was a lot of it today...

I received a call from my husband while I was out, stating the concreting contractor was on site and wanted to speak to me as they were very upset.

Upon getting back he told me that Stephen had not paid him for the labour and materials for the forms (almost $9,000) and that he was ready to remove all the forms and rebar due to non-payment and the weather damaging the forms.

He also told me that Stephen had not been returning his messages regarding whether the forms had passed inspection so that he could've poured the concrete quickly to ensure the best quality work. He was very frustrated with Stephen and his lack of communication and not having paid his bill. He is not willing to pour concrete until it is paid. He also has to do extra work and has lost money due to the form being unprotected for so long, including approximately 4 inches of snow the other week..

In addition to this we found the PEX codes for the pipes are 5106 and 3306, giving 30- and 90-days UV resistance. The pipes were installed on the 26/27th September, so we are on the cusp of the 90 days and well over 30 for the 5106. My plumber spoke with suppliers for a second opinion on the exposure of the PEX piping for that period of time and they said that it should never be left exposed to outside elements unprotected, regardless of the UV rating. I'm told the risk of them being compromised and brittle is extremely high and that it could result in the pipes failing and leaving us having to rip up the concrete foundations to repair later. Which would essentially mean extensive damage and rebuilding of the house.

As Stephen is not willing to replace the pipe in I am having to get my plumber to remove it, which means taking out the rebar and a great deal of labour plus relaying of the rebar and new pipes. I do not have the budget for this remedial work, are you able to order Stephen to compensate for the costs of this given it is entirely due to his negligence of the site and failing to answer the concreters messages regarding being ready to pour?

The pipe is scheduled to be removed by my plumber this coming Monday the 18th and the concreters cannot pour until this is done and they are paid. They tell me if the ambient temperatore is below 45 degrees it will not produce a good cure and it looks like we are going to experience many more months of delays due to Stephen's failure to do his work in a timely manner.

Kind regards,

Melissa Tohlakai 602-632-9435 https://mail.google.com/mail/u/0/?ik=9a388841cf&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/2 12/20/23, 4:00 PM State of Arizona Mail - Rescheduled inspection

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From: Christopher Allison <[email redacted]> Sent: Wednesday, December 13, 2023 8:43 AM To: Melissa Tohlakai <[email redacted]> Subject: Rescheduled inspection

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=9a388841cf&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 2/2 Timeline for Slab and Septic Contract – M Tohlakai

June 29, 2023 - Contract signed with start date of July 15 2023 and to be completed on or before September 15th 2023. Deposit for 50% made totaling $28,126

August 1st – excavating equipment delivered and was told by Stephen Fuller that he would return the following day to begin after first doing work at the Buddhist Temple in Williams.

August 2nd – nobody shows up and no communication received from contractor.

August 3rd - Message received from Stephen asking if the rain hit hard (this was the first of only two heavy rains during the entire period to date). I informed him the ground had dried and asked if he would be out to begin. NO RESPONSE

August 4th – I sent a follow up message to ask when he expected to begin. NO RESPONSE

August 7th – I asked for an update, received response on August 8th that he was trying to co-ordinate with concreters so as not to leave the groundwork open once commenced.

August 16th – I asked for an update. NO RESPONSE

August 17th – One month after start date work begins for two days then machinery taken away.

August 31st – Ask for update on when work will resume. Stephen responds he is going to do the underslab plumbing the following week, steel that weekend, and pour concrete the following week.

September 8th – Asked if Stephen is still set for plumbing and steel that weekend. Responds that that he will be doing the steel in footings this weekend and then pour concrete as soon as it is inspected. Nobody shows up to do so.

September 15th – contracted completion date, only two days’ work performed in the contract period.

September 18th –Bobcat delivered to property, no work done

September 21st – Asked for definite finish date as we are past contract date. NO RESPONSE

September 26-27 – Two days’ work installing under slab plumbing and septic. Machinery removed again. Still no slab.

October 18th – Over one month since contracted completion date. Asked what progress there is on getting the slab completed. Stephen responded he would be there the following day for fill. Nobody showed due to truck issues. Was told he was waiting on a truck part and would have it fixed over the weekend and be there Monday. Nobody showed on the Monday.

October 23rd – Asked if truck was coming with fill. Now six weeks past contracted completion date. NO RESPONSE

October 24th – I email Copper State Site Services over the lack of progress and ask for some resolution rather than having to take action, and a definite completion date (copy attached). November 1st – asked when concreters are coming, responded early next week.

November 7th – Septic system fails County inspection on multiple counts – the septic system specified on the engineers’ plans has been substituted with another system without my knowledge nor that of the engineer (Singulair Green) which the inspector informs me does not have the disinfection rate of the TNT that was meant to be installed. Leach fields have been placed 20 inches apart instead of 5 feet, chlorinator not installed and as-builts. Fall in pipes not met.

The estimate from Copper State Site Services did not specify that a different system was going to be installed, and the contract states that the materials specified in the engineers plans will be used and the plans adhered to.

November 8th – Engineer calls me to ask who has installed the septic and why the system was changed. Tells me the change could have been disastrous and he will recalculate to see what changes need to be made. Engineer coordinates with County inspector and he comes up with a solution which I ask him to pass on directly to Stephen so that I don’t miscommunicate any details.

November 10th – Concreters on site to install rebar and under slab insulation, 1 day work

November 13th – I make $10,000 progress payment as invoiced by Copper State Site Services

November 14th – Under slab insulation and rebar passes County inspection, I inform Stephen.

November 20th – I ask for date for concrete to be poured. NO RESPONSE

November 28th – I ask for update. NO RESPONSE.

December 1st – email from Jessica Fuller with incorrect statements (copy attached along with my responses to each statement). Stated concreter had informed them that they would be there following week (did not occur).

December 1st – email from Stephen Fuller, copy attached. His assertion that he took on the work as a “charity case” is clearly intended to insult and aggravate. I had a quote for the concrete work and plumbing from another construction company for $24,242 which is approximately $6,000 less than what I paid Copper State Site Services, but I took out a loan to pay the higher amount as I believed they were more experienced with off-grid construction and the local conditions.

December 7th – received email from Jessica Fuller updating concreters date to December 19th and that corrections to leach field will not be made until this time. This project is going into its six month and was contracted to be done in two. This leaves the site open to further weather damage now that we are receiving snowfalls, and the insulation boards are already starting to slump. Re: Completion of work Jessica Fuller <[email redacted]> Wed 10/25/2023 6:39 PM To:Melissa Tohlakai <[email redacted]>

Smooth sailing is all that we can ask for! Have a wonderful evening.

On Wed, Oct 25, 2023 at 6:31 PM Melissa Tohlakai <[email redacted]> wrote: Thanks for getting back to me Jessica, I very much appreciate it! Fingers crossed for some "smooth sailing" from here for both of us. Take care, Melissa

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From: Jessica Fuller <[email redacted]> Sent: Wednesday, October 25, 2023 11:02:16 AM To: Melissa Tohlakai <[email redacted]> Subject: Re: Completion of work

Hello Melissa,

I sincerely apologize for the delay in getting your project completed. As you know, we were pushed back for the initial start date and all of our projects came together at once. The inability to get another company to haul material put a damper on the project as well considering that our trucks have not been cooperating. We had a machine dropped off today and tomorrow it is all hands on deck at your place. I understand your frustration and I hope that us being out there tomorrow will ease the unfortunate situation.

Thank you, Jessica

On Tue, Oct 24, 2023 at 11:39 AM Melissa Tohlakai <[email redacted]> wrote: Hi Steve,

We're now almost 6 weeks past the contracted completion date and again, another no-show yesterday. I understand things happen beyond your control at times however were getting close to double the estimated time frame and no new completion date has been given.

My building permit expires at the end next month which will incur additional costs on top of the others such as storage of building materials and the time I've taken away from my business thinking I would be working on the building. I now have little chance of getting this build completed before the snow begins.

I'd like to get this resolved as quickly as possible and am regrettably looking at courses of action available if you aren't able to complete the work quickly. I don't want to go down that path and hope that this can be worked out between us.

Sincerely,

Melissa Tohlakai

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-- Thank you,

- RE: ROC Complaint [email redacted] <[email redacted]> Fri 12/1/2023 8:51 PM To:Melissa Tohlakai <[email redacted]> Good Evening Melissa,

As far as not installing equipment that was not in the engineered design, I do it all the time and I always make decisions in the best interest of the customer. This was a like for like exchange and It was in the best interest to change to a plastic ATU. As a mater of fact, your entire system is plastic, and it will be in place far longer and if you go to sell the place, you will not have issues with your tank in a real estate transaction. Like all things, concrete tanks have run their course and are inferior to plastic. There is something called value engineering and it promotes the substitution of material and method with less expensive alternatives. In my industry, we consistently practice value engineering, and it is beneficial to the customer and is a good practice. Changing a 500GPD ATU for 500 GPD ATU is not a deviation for the engineered design. Lastly, the chambers will be corrected, my layout guy used scaling to lay out the system, but the drawing was not to scale and it was not disclosed the drawing was “not to scale”. This is a non-issue and not a deviation from the contract, as we will correct that at no cost to you to meet the design criteria. The 5 foot spacing is and action item that needs to be corrected prior to the issue of a discharge authorizations. I also anticipate that other items throughout your project will need be corrected post inspection, as with most projects. As far as the fall, that was shot in with a laser and I assure you it has fall, and you cannot see that with the naked eye and all we need to do is field verify.

I get it, we are running behind, we have been hit hard in the 3rd and 4th quarters of this year and we are still treading water. I was very busy when we took on this project and I was trying to do you a favor and cut costs, and I did. So if you want to escalate this further, go for it. If we are sitting in a hearing I will show them all of the Norweco septic system invoices I have done this year for over 30k but I made a concession on your system pricing and made some value engineering changes to drastically reduce the cost. I will also show them your other estimate for the concrete and let them know that I was able to get that down 10k and I am making nothing on it. I kind of took on this project as a charity project, knowing that you were wronged by another contractor, shame on me.

Stephen L Fuller

928.900.3690 From: Melissa Tohlakai <[email redacted]> Sent: Friday, December 1, 2023 6:42 PM To: Jessica Fuller <[email redacted]> Subject: Re: ROC Complaint

Hi Jessica,

Thanks for your email, responses in blue below.

Melissa Tohlakai

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From: Jessica Fuller <[email redacted]> Sent: Friday, December 1, 2023 3:19 PM To: Melissa Tohlakai <[email redacted]> Subject: ROC Complaint

Hello Melissa,

Stephen was expecting a phone call from you today around 7:30 in the morning, but we have not heard from you. I was on the road at 7.30am as I mentioned to Steve in my text, there are black spots in cell reception here so I didn't want to call while I was driving.

I understand that you are frustrated with the delays, but as we discussed on October 25 VIA email, our initial start date was pushed back and we ran into various issues along the way. Yes, I understand delays happen but a contract was prepared by you and I expect it to be kept to. If delays happen then communication goes a long way to preventing frustration, but the communication was poor. Time and again my requests for updates went unanswered and promises of the steelwork and concrete pouring being completed "next week" went unfulfilled when no one showed up and no communication was received to inform of what the delays were or why no one was there.

The contract was signed by you on 6/29, voided on 7/24 and then signed by both parties on 7/24. After the contract was executed, Stephen was informed that some changes were made to the Septic Design which resulted in a delay due to the design needing to be approved. The design was not approved until 8/11. According to your email on the 24th July, the voiding was a mistake when you were cleaning the Digisign folders and thought it was a duplicate. You informed me that nothing had changed. (Screenshot attached) I told Steve when we first discussed the project that the septic had to be moved as the previous contractor put the house in the wrong place on the plans. The plans I sent through at the beginning were the amended plans that were with the County waiting for approval. The delay in the septic relocation had no impact on the house/foundation plans which were approved. Stephen delivered the machinery on August 1st and assured me he would be there the following day on the 2nd August to begin work in the afternoon after doing some work at the Buddhist Temple (he didn't show up and never contacted me) which does not correlate with what you state above.

Our original start date was 7/15/2023 and unfortunately for our liabilities sake, I did not amend our original contract to reflect the delayed dates. In the future, I'll be sure to amend contracts for our clients to avoid any distrust/misunderstandings. Monsoon season also created a delay and a financial loss on our end as the footings that we had dug were ruined by the rains and we then had to re-dig them. We performed the re-digging with no additional cost to you. Firstly, contracts cannot be legally amended without the consent of both parties. The footings were dug on August 17/18 and left open for a month in the middle of monsoon season. By the time the contract end date came to pass only two days' work had been performed. No client should be expected to bear the cost of re-digging work that had been left for weeks in a time where heavy rains are to be expected.

Due to all of the delays, the original contractor that we had scheduled to pour your concrete was not able to meet our timelines. This resulted in us needing to secure another contractor. We are at the mercy of another contractor's schedule for the pouring of your concrete. I have lost a general contractor who was due to fly out at the time the work was contracted to be finished to help me with setting up interior framing and plumbing. I have just lost a second person to do the plumbing from the delays. The weather now means I will be unable to get deliveries of materials to do the interior until March/April as drivers won't come out here in Winter. I have framing and siding materials sitting in the snow and face an extra 6 months storage fees minimum for house fittings and my belongings due to the contract not being honoured and will likely not have a home until late Spring instead of being close to completion now. This is creating intense strain.

The concrete contractor informed us that he is scheduling your job for next week. Once this is done, we will be out there to backfill. At this time, we will be correcting the Leach Field. The weather will impact the dates that the concrete can be poured and the dates that we can backfill.

As far as the Septic System, your plan called for a Concrete Norweco tank, but we quoted you with a plastic Norweco tank. The substitution from a Concrete tank to a Plastic tank saved you a total of $3,000, which we knew was in your best interest as you had lost money from previous contractors. The substitution was inevitably approved by CD&E Engineering- see attachment. With Stephen's extensive knowledge of Septic designs, he knew that the tank substitution would be approved, but if you would like, we can remove the Plastic tank and install the Concrete tank with a $3,000 cost to you- this cost does not include the labor charge. Please let me know and I can send an estimate for the change and place an order for the concrete tank.

Estimate 1026 for the plumbing did not state that the septic was different from the one specified on the plans, nor did it state it was plastic. In good faith I believed I was being quoted for the system that was specified by the engineer. I was not advised of the change or given the opportunity to approve the substitution, and the engineer was not consulted on the change either. I feel deceived on this matter and will not be paying extra for a system that I believed I was quoted on in accordance with the plans. In the contract it states:

"SCOPE OF WORK The Contractor agrees to perform the construction described below: 1. Installation of Alternative Septic System as designed by CD&E Engineering. (Estimate 1026) 2. Installation of a Home foundation and pad as approved by Coconino County. (Estimate 1032) 3. Installation of plumbing under the slab. (Estimate 1039) 4. In addition to the aforementioned, the Contractor agrees to abide by and perform all the work that is shown on the construction plan available on the property’s site with materials specified in the construction plan."

Both items 1 and 4 above have not been adhered to - in relation to part 1 it was not installed as designed; the leach fields were installed 20 inches apart instead of 5 feet and the fall was not met. In relation to part 4 the materials specified by the engineer on the County approved plans were not used. The substitution should have been discussed with both myself and the engineer rather than installing it without our consent and the engineer's prior approval. To get approval in retrospect after installing a different system without consent nor approval is hardly good practice. I paid $4,000 for his design plus the permit fees and expected it to be installed as per the specifications.

I can assure you that the leach field will be corrected and your septic system will pass inspection- at which point our work will be completed, the remainder of the funds will be due and this complaint will be resolved.

The contract has been breached on three counts including contracted finish date, work not being done according to the plans and specified materials in the plans not used. This has caused considerable expense and delay in me having a home which also serves as my workplace. I have paid each invoice as it was received in good faith. I expect some consideration and credit adjustment to be given to the final amount given the additional expenses already incurred as well as the hardship and further expenses we will endure over the winter due to the contract not being honoured or will take further action.

Melissa Tohlakai -- Thank you,

Jessica Fuller Lady of the Office Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees 2023-13342

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Melissa Tohlakai Mailing Address (Enter jobsite in Contract/Project section) City State Zip

12688 Mesa View Road WIlliams Arizona 86046 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Copper State Materials LLC ROC 339659 Street Address City State Zip

871 Quarter Horse Road Williams Arizona 86046 Phone Number Email

[number redacted] [email redacted] Name of Person(s) Representing License

Stephen Fuller;Jessica Fuller Contract/Project Information Contract Date Contract Amount Amount Paid

June 29, 2023 $56,252.00 $38,126.00 Date Work Started Date Work Stopped Date Work Was Completed

August 17, 2023 November 9, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

12688 Mesa View Road Williams AZ 86046 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Other I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No Has any work been corrected? No

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

The contract was Written All change orders were N/A This project was Residential This project involved New Home

A building permit was obtained by Property Owner BD-22-2012 Coconino List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Contracted completion date set by Contractor was September 15, 2023 for installation of a concrete slab and septic system. We are now over two months past this date and neither is complete.; A different septic system was installed to that designed and specified by the engineer, neither I nor the engineer were made aware of this until it failed the County inspection. Leach fields were put in 20 inches apart instead of 5 feet apart as per the plans.

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Melissa Tohlakai \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: 4209A5C0-3DB2-4AED-9B71-560C06E74DC7

Copper State Materials LLC. dba. Copper State Site Services 871 Quarter Horse Rd Williams, AZ 86046 | 928.900.3690 | [email redacted] ROC# 339659 | TPT# 21467360

PARTIES

This Construction Contract Agreement (hereinafter referred to as the “Agreement”) is entered into on 06/29/2023 (the “Effective Date”), by and between Copper State Site Services, with an address of 871 Quarter Horse Rd. (hereinafter referred to as the “Contractor”), and Melissa Tohlakai with an address of 12688 Mesa View Rd. Williams. AZ. 86046 (hereinafter referred to as the “Owner”) (collectively referred to as the “Parties”).

CONSTRUCTION PROPERTY

The Property that is to be constructed is located at the following address:

12688 Mesa View Rd. Williams. AZ. 86046

SCOPE OF WORK

The Contractor agrees to perform the construction described below:

1. Installation of Alternative Septic System as designed by CD&E Engineering. (Estimate 1026)

2. Installation of a Home foundation and pad as approved by Coconino County. (Estimate 1032)

3. Installation of plumbing under the slab. (Estimate 1039)

4. In addition to the aforementioned, the Contractor agrees to abide by and perform all the work that is shown on the construction plan available on the property’s site with materials specified in the construction plan.

ADDITIONAL CLAUSE

Contractor shall promptly, and before the conditions are disturbed, give a written notice to owners on encountering unforeseeable conditions adversely affecting the work. Conditions can include, but are not limited to; hard dig, unmarked utilities, frost, etc. Owners shall investigate the site conditions promptly after receiving notice. If the conditions cause an increase in cost to contractor or the time required for performing any part of the work and were not reasonably foreseeable by an experienced contractor, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

TERM

- This Agreement shall be effective on the date of the signing this Agreement (hereinafter referred to as the “Effective Date”) and will end when the construction services are completed.

DocuSign Envelope ID: 4209A5C0-3DB2-4AED-9B71-560C06E74DC7

- The term of this Agreement may be extended upon the provision of written consent from both Parties. - The Parties agree that the Construction will begin on 07/15/2023 and will end on or before 09/15/2023, depending on weather.

PAYMENT AND FEES - The Parties agree that the total cost of the services will be $56,252 and material will be supplied by contractor, contractor will be paid $28,126 prior to ordering materials as a deposit to cover material costs. Weekly progress payments will be made during construction until $23,126 is paid- Weekly progress payment amounts are based upon completion of work performed by the Contractor during that week. A $5,000 retainage will be paid at the completion (inspection, discharge authorization and as-built drawings submitted). - The Parties agree that the means of payment will be via: Cash, Credit Card, Certified Check.

PERMITS AND LICENSES

- The Parties agree that it is the duty of the Contractor to obtain all permits and licenses needed to commence in the construction of the site and provide his/her services.

- The Parties further agree that the Contractor will be responsible to pay the fees for the governmental inspections, if need be. Such fees to be included in the total cost of the job.

USAGE OF MATERIALS AND LABOR

- The Parties agree that it is the Contractor’s responsibility to provide as well as pay for any labor and/or equipment needed to complete the construction as per the Agreement.

- The Parties further agree that the materials used for the construction are to be brand new.

ADDITIONAL RESPONSIBILITIES OF THE CONTRACTOR

The Contractor agrees to the following:

1. To supervise, manage and complete all the construction services as per this Agreement.

2. To keep record of the documents in a safe place accessible only to the Contractor and the Owner.

3. To take all necessary precautions for all safety in general.

4. To bear responsibility for any acts of negligence and emergencies and accidents.

DocuSign Envelope ID: 4209A5C0-3DB2-4AED-9B71-560C06E74DC7

5. To provide a guarantee to the Owner that the work commenced will be in accordance with the documents of this Agreement.

6. To maintain the property, keep it clean, and to safely dispose of hazardous materials and waste.

7. To train personnel on handling hazardous materials and to be responsible for any illness, damage, or loss of personnel.

INSURANCE

- The Parties agree that it is the Contractor’s responsibility to purchase an insurance policy for the construction.

- The Parties further agree that it is the Owner’s responsibility to maintain an insurance that covers replacement costs in the event of fire, theft, act of nature and/or casualty(s).

TERMINATION

- This Agreement may be terminated in case the following occurs:

1. Immediately in case one of the Parties breaches this Agreement or one of the conditions set forth in this Agreement and does not amend them within a period of 5 days.

2. This Agreement will automatically be terminated when both Parties complete their obligations.

INDEMNIFICATION

- The Contractor agrees to hold harmless as well as indemnify its personnel, employees and others against all liabilities, expenses, claims or other.

- The Contractor further agrees to be held responsible for providing a defense against the aforementioned liability, claims and/or demands, if any.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Arizona Register of Contractors.

AMENDMENTS The Parties agree that any amendments made to this Agreement must be in writing where they must be signed by both Parties to this Agreement. As such, any amendments made by the Parties will be applied to this Agreement.

DocuSign Envelope ID: 4209A5C0-3DB2-4AED-9B71-560C06E74DC7

ASSIGNMENT

The Parties hereby agree not to assign any of the responsibilities in this Agreement to a third party unless consented to by both Parties in writing.

ALTERNATIVE DISPUTE RESOLUTION Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to negotiation in accordance with, and subject to the laws of State of Arizona.

ENTIRE AGREEMENT

This Agreement contains the entire agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

SEVERABILITY

In an event where any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain to be enforced in accordance with the Parties’ intention.

SIGNATURE AND DATE

The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated throughout by their signatures below:

CONTRACTOR OWNER Melissa Tohlakai Name:____________________________ Name:____________________________ Signature:_________________________ Signature:_________________________ 6/29/2023 Date:_____________________________ Date:_____________________________

Payment confirmation: Invoice #1110-(Copper State Site Services) QuickBooks Payments <[email redacted]> Fri 6/30/2023 11:56 AM To:Melissa Tohlakai <[email redacted]>

Manage payment

You paid $12126.00 to Copper State Site Services on 06/30/2023

Payment details Invoice no. 1110

Invoice amount $56252.00

Total amount $12126.00

No additional transfer fees or taxes apply.

Outstanding balance $28126.00

Status Partially paid

Payment method VISA****9919

Authorization ID MU0170103456

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Copper State Site Services [number redacted] [email redacted] 871 Quarter Horse Rd, Williams, AZ, 86046, US

Payment services brought by:

Intuit Payments Inc. 2700 Coast Avenue, Mountain View, CA 94043 Phone number 1-888-536-4801 NMLS #1098819

For more information about Intuit Payments' money transmission licenses, please visit Payment Licenses page.

Security | Privacy statement | Terms of Service

© 2022 Intuit Inc., All rights reserved. Trademarks. 2800 E. Commerce Center Place, Tucson, AZ 85706 Payment confirmation: Invoice #1110-(Copper State Site Services) QuickBooks Payments <[email redacted]> Fri 6/30/2023 11:52 AM To:Melissa Tohlakai <[email redacted]>

Manage payment

You paid $16000.00 to Copper State Site Services on 06/30/2023

Payment details Invoice no. 1110

Invoice amount $56252.00

Total amount $16000.00

No additional transfer fees or taxes apply.

Outstanding balance $40252.00

Status Partially paid

Payment method VISA****9919

Authorization ID ARWPE1MJ66692397

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Copper State Site Services [number redacted] [email redacted] 871 Quarter Horse Rd, Williams, AZ, 86046, US

Payment services brought by:

Intuit Payments Inc. 2700 Coast Avenue, Mountain View, CA 94043 Phone number 1-888-536-4801 NMLS #1098819

For more information about Intuit Payments' money transmission licenses, please visit Payment Licenses page.

Security | Privacy statement | Terms of Service

© 2022 Intuit Inc., All rights reserved. Trademarks. 2800 E. Commerce Center Place, Tucson, AZ 85706 Payment confirmation: Invoice #1170-(Copper State Site Services) QuickBooks Payments <[email redacted]> Mon 11/13/2023 7:36 PM To:Melissa Tohlakai <[email redacted]>

Manage payment

You paid $10000.00 to Copper State Site Services on 11/13/2023

Payment details Invoice no. 1170

Invoice amount $10000.00

Total amount $10000.00

Status Paid

Payment method VISA****9919

Authorization ID ASAQMF7R75369117

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Copper State Site Services [number redacted] [email redacted] 871 Quarter Horse Rd, Williams, AZ, 86046, US

No additional transfer fees or taxes apply.

Intuit Payments Inc(IPI) process payments as an agent of the business. Payments processed by IPI constitutes payment to the business and satisfies your obligation to pay the business, including in connection with any dispute or case, in law or equity. Money movement services are provided by IPI pursuant to IPI's licenses (NMLS #1098819, https://www.intuit.com/legal/licenses/payment-licenses). IPI is located at 2700 Coast Avenue, Mountain View, CA 94043, 1-888-536-4801.

Security | Privacy statement | Terms of Service

© 2022 Intuit Inc., All rights reserved. Trademarks. 2800 E. Commerce Center Place, Tucson, AZ 85706 2/28/24, 8:40 AM State of Arizona Mail - Add additional license to citation for complaint 2023-13342

Tedi Quezada <[email redacted]>

Add additional license to citation for complaint 2023-13342 message

Christopher Allison <[email redacted]> Tue, Feb 27, 2024 at 2:46 PM To: Tedi Quezada <[email redacted]>

Hi Tedi,

It looks like the respondent; Copperstate Materials LLC voluntarily canceled his license (ROC 339659) this complaint was filed against and obtained a new license (ROC 349778). Is there any way to include the new/active license in the citation?

Thanks,

Chris Allison Chris Allison, Investigator # 193 ROC Investigator Arizona Registrar of Contractors Office: 928.637.0481 Cell: 928.210.1587 Email: [email redacted]

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

The ROC is now on social media!

Make sure to follow us on:

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Important; this message (including any attachments) is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, you should delete this message immediately and you are hereby notified that any review, dissemination, distribution or copying of this message, or the taking of any action based on it is strictly prohibited

attachments

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https://mail.google.com/mail/u/0/?ik=b3c9c6c218&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/2 2/28/24, 8:40 AM State of Arizona Mail - Add additional license to citation for complaint 2023-13342

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https://mail.google.com/mail/u/0/?ik=b3c9c6c218&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/2 Received 2/28/2024 ROC Legal

COPPER STATE SITE SERVICE 871 QUARTER HORSE RD WILLIAMS, AZ 86046 928.900.3690 [email redacted]

REGESTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

MELISSA TOHLAKAI, Case No.: 2023-13342

COMPLAINANT,

V. RESPONSE: CHARGE 1 AND CHARGE 2; MOTION TO VACATE COMPLAINT AND CHARGES. COPPER STATE MATERAILS LLC Dba: COPPER STATE SITE SERVICES LICENSE NO. ROC 339659

RESPONDENT In response to Charge 1:

Copper State Site Service (Copper State Materials LLC) herein referred to as CSSS. CSSS denies the

allegation that work as not completed in a professional and workmanlike manner. The issue of spacing was just a

drafting error on the scaling of the site plan. CSSS manager, Austin Kelley, laid out the system based on the

engineering design that was supposed to be to scale. In the end it was determined that there was an error on the

scaling of the drawing. All materials used were new and installed in accordance with manufactures instructions. Mr.

Allison did not specifically address what items of the installation did not meet the requirements of A.A.C. R4-9-

108(a)

In response to Charge 2:

CSSS also denies allegations that the company failed to take appropriate corrective action items to comply

with the WRITTEN DIRECTIVE FROM THE REGISTRAR on page 4 of the written directive dated 01/09/2024.

CSSS was directed by the ROC to address chamber separation noted and make the change to 20” of separation to

60” of separation per the inspector, Mr. Allison, was sent proof of pictures and response detailing the corrective

action sent 1/25/2024. Mr. Allison also directed us to obtain final approval form the building department, but

building department does not issue final approval for on-site waste water systems this approval would be through

Environmental Quality within Coconino County Community Development. Unfortunately, Mrs. Tohlakai does not

have a permanent power supply to facilitate the operation of the on-site waste water treatment facility, and final Received 2/28/2024 ROC Legal

approval and authorization to discharge in accordance with the ADEQ will not be granted until we have permanent

power source and power requirements meet the standard of the licensed Norweco Dealer. To date we do not have a

permanent power supply that meets the requirements of the Norweco Dealer. We are still pending as-built drawings

that will be provided by CD&E Engineering and Design to move forward, but we will still need a permanent power

supply to grant authorization to discharge.

CSSS would like to motion the Arizona Registrar of Contractors to drop this complaint and charges in its

entirety based on the fact that Mr. Allison failed to identify specific instances where CSSS violated A.A.C. R4-9-

108(a) for Charge 1. An error based on a layout provided by an engineered drawing does not constitute a violation of

A.A.C. R4-9-108(a). CSSS took appropriate action and sent proof to Mr. Allison regarding corrective actions prior

to the issuance of the charges. Mr. Allison must not be aware that the building department does not issue final

approval for septic systems or on-site waste water treatment facilities. Mrs. Tohlakai failed to provide a permanent

power source to facilitate operation of the on-site waste water treatment plant in accordance with the design

provided by CD&E Engineering and within the requirements of the licensed Norweco Dealer.

CSSS should not be suspended by this complaint, this work accounted for 4.3 percent of CSSS gross

income, that means that over 95 percent of the customers were happy with our 1.2 million in projects, like bad

contractors there are bad customers.

Dated this 27 of February, 2024.

Pro Se

Received 2/28/24, 7:59 AM State of Arizona Mail - 2023-13342 2/28/2024 ROC Legal

Answers - AZROC <[email redacted]>

2023-13342 message

[email redacted] <[email redacted]> Wed, Feb 28, 2024 at 12:55 AM To: [email redacted]

To Whom it May Concern.

Here is my response.

Thank you,

Stephen L Fuller

928.900.3690

Authorized Dealer

attachments Complete_with_DocuSign_Response_Citation_and.zip 282K Response Citation and Complaint 2023-13342.docx 38K

https://mail.google.com/mail/b/AEoRXRSUByA5bqUAYcSj-ccS8IIqbWHDBu4fpm8msYTvIiK_-5C0/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Melissa Tohlakai, Case No. 2023-13342 COMPLAINANT, v. Copper State Materials LLC ORDER QUASHING CITATION DBA: Copper State Site Services License No. ROC 339659, RESPONDENT.

On February 27, 2024, the Registrar mailed a Citation and Complaint in this matter. The Registrar determined that the Citation was missing information. Therefore, IT IS ORDERED that the February 27, 2024, Citation is QUASHED. The Registrar will re-issue the Citation and Complaint and will serve the Citation and Complaint in this matter at Respondent’s address of record in accordance with statutory requirements. A.R.S.§ 32-1155(B). Respondent must file an Answer within the timeframe set forth in the re- issued Citation and Complaint, even if Respondent previously filed an Answer. Dated February 28, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant II Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail February 28, 2024 to:

Respondent

Copper State Materials LLC DBA: Copper State Site Services 871 Quarter Horse Rd Williams, AZ 86046

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762

Lg109 5/21 Complainant Melissa Tohlakai 12688 Mesa View Road WIlliams, AZ 86046 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. 2023-13342

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762

Lg109 5/21 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3