2023A-13375-NPC-ROC Notice of Hearing and Packet MAILED

2023A-13375-NPC-ROC · Registrar of Contractors · 2024-03-22

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Landpros Landscape Management LLC, Case No. 2023-13375 COMPLAINANT, Docket No. 2023A-13375-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Signature Exteriors LLC License No. ROC 326200,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

May 15, 2024 9:00 AM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors

to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.

All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on January 2, 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)(10)

THE PARTIES TO THE ADMINISTRATIVE HEARING

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

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

argument to the administrative law judge.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B). CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

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

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

certain documents to the parties and the Office of Administrative Hearings. These documents

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their

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

possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

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

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a

disclosure statement on all other parties, and file it with the Office of Administrative Hearings.

A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the

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

be changed by filing a written agreement of the parties to change the date of the hearing. The

written agreement must be filed with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated March 22, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail March 22, 2024 to: Respondent(s) Signature Exteriors LLC PO Box 73428 Phoenix, AZ 85050

Complainant(s) Landpros Landscape Management LLC 27004 N Aladdin Rd Florence, AZ 85132

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. 2023-13375 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

November 28, 2023

Via U.S. Mail and Email

Complainant Landpros Landscape Management LLC 27004 N Aladdin Rd Florence, AZ 85132

Via U.S. Mail and Email

Respondent Signature Exteriors LLC PO Box 73428 Phoenix, AZ 85050

Signature Exteriors LLC 27004 N Aladdin Rd Florence, AZ 85132

Re: Complaint No. 2023-13375

Dear Complainant and Respondent:

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

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by December 5, 2023. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

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

The Registrar will not issue a citation before December 5, 2023, and will review Respondent’s response, if one is submitted.

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

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

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

/s/ Doug Ulmer __________________ Doug Ulmer Legal Assistant Legal Department Registrar of Contractors

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 12/1/23, 8:34 AM State of Arizona Mail - Case 2023-13375-Extension to File Response

Douglas Ulmer <[email redacted]>

Case 2023-13375-Extension to File Response message

Douglas Ulmer <[email redacted]> Thu, Nov 30, 2023 at 4:55 PM To: [email redacted] Cc: Douglas Ulmer <[email redacted]> Bcc: [email redacted]

Good Afternoon Chris and Kristy,

It was a pleasure speaking with you this afternoon.

In order to give you enough time to prepare a proper response to the Non Pay Complaint filed by Landpros Landscape Management LLC I am extending out the response due date from December 5, 2023, to December 19, 2023. If you need additional time after December 19, 2023, please contact me and I will extend the date again.

Thanks,

Douglas Ulmer Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 [email redacted] (602) 542-1525 www.roc.az.gov

https://mail.google.com/mail/u/0/?ik=bac2c3e6c6&view=pt&search=all&permthid=thread-a:r6886563280407257006%7Cmsg-a:r51350184252763170… 1/1 12/22/23, 8:40 AM State of Arizona Mail - Response to Complaint# 2023-13375

Douglas Ulmer <[email redacted]>

Response to Complaint# 2023-13375 message

Signature Exteriors <[email redacted]> Tue, Dec 19, 2023 at 4:48 PM To: "[email redacted]" <[email redacted]> Cc: Chris Newington <[email redacted]>, "[email redacted]" <[email redacted]>

To whom it may concern:

Please see attached response to complaint# 2023-13375. Please let us know if you have any questions.

Thanks & Regards,

Signature Exteriors

Christy Phillips | Accounting & Compliance

[email redacted]

Office: 480-665-5737

Visit us today signatureXteriors.com

AZROC Complaint. 2023.13375 Response.pdf 133K

https://mail.google.com/mail/u/0/?ik=bac2c3e6c6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/1 Doug Ulmer Legal Assistant Arizona Registrar of Contractors 1700 W. Washington St. Phoenix, AZ 85007 Phone# 602-542-1525

December 19, 2023

RE: ROC Case # 2023-13375

Mr. Ulmer,

Mr. Ulmer, As requested, please see submitted response to the above referenced complaint. The following response addresses the specific ‘item of concern’ dated November 28, 2023. Please see the following one (1) item to correspond with the received issue of complaint, written ‘as stated’.

Item Listed Issue & Response

X Other ‘non-payment of materials or services rendered’

Response: Upon review of this particular, vendor/subcontractor it was discovered that several concerning and questionable practices are common among their most current and several previous billings with our company.

As a standard of accounting practices, multiple aspects of accuracy, customary review and accounting verifications are conducted to eliminate inaccuracies and avoid loss by financial fraud.

Reconciliations and audits of this vendors’ invoicing have revealed numerous inconsistencies and indications of questionable billing practices (see documented information provided in complaint).

Among these many issues, no required waivers or releases have been provided or received as requested.

As discussed, Signature Exteriors is currently engaged in an extensive review of these details.

Signature Exteriors, LLC

480-665-5737

CT Newington, Manager

480-200-6630 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2023-13375 Landpros Landscape Management LLC,

COMPLAINANT, v. CITATION Signature Exteriors LLC, License No. ROC 326200,

RESPONDENT.

The Registrar issues this Citation to Signature Exteriors LLC (“Respondent”) under

A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by January 17, 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.

THE WRITTEN COMPLAINT

On November 20, 2023, Landpros Landscape Management LLC (“Complainant”) filed a

written complaint with the Registrar against Respondent. A copy of that Complaint is attached

to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

The Registrar investigated this matter and finds cause to charge Respondent with

violation of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

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

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license 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 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. 2023-13375. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.

If Respondent submits a written answer by mail, it is not filed with the Registrar until the of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than January 17, 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. THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 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 should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated January 2, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors

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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 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, January 2, 2024 to:

Respondent Certified Mail No: [number redacted]

Signature Exteriors LLC PO Box 73428 Phoenix, AZ 85050 Copy mailed by USPS First Class mail this same date to: Respondent Signature Exteriors LLC PO Box 73428 Phoenix, AZ 85050 Complainant Landpros Landscape Management LLC 27004 N Aladdin Rd Florence, AZ 85132 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. 2023-13375/du

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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 November 28, 2023

Via U.S. Mail and Email

Complainant Landpros Landscape Management LLC 27004 N Aladdin Rd Florence, AZ 85132

Via U.S. Mail and Email

Respondent Signature Exteriors LLC PO Box 73428 Phoenix, AZ 85050

Signature Exteriors LLC 27004 N Aladdin Rd Florence, AZ 85132

Re: Complaint No. 2023-13375

Dear Complainant and Respondent:

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

The Registrar will not issue a citation before December 5, 2023, and will review Respondent’s response, if one is submitted.

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

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

/s/ Doug Ulmer __________________ Doug Ulmer Legal Assistant Legal Department Registrar of Contractors

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 Received by Investigations 11/20/2023 #2023-13375 12/22/23, 8:40 AM State of Arizona Mail - Response to Complaint# 2023-13375

Douglas Ulmer <[email redacted]>

Response to Complaint# 2023-13375 message

Signature Exteriors <[email redacted]> Tue, Dec 19, 2023 at 4:48 PM To: "[email redacted]" <[email redacted]> Cc: Chris Newington <[email redacted]>, "[email redacted]" <[email redacted]>

To whom it may concern:

Please see attached response to complaint# 2023-13375. Please let us know if you have any questions.

Thanks & Regards,

Signature Exteriors

Christy Phillips | Accounting & Compliance

[email redacted]

Office: 480-665-5737

Visit us today signatureXteriors.com

AZROC Complaint. 2023.13375 Response.pdf 133K

December 19, 2023

RE: ROC Case # 2023-13375

Mr. Ulmer,

Item Listed Issue & Response

X Other ‘non-payment of materials or services rendered’

As a standard of accounting practices, multiple aspects of accuracy, customary review and accounting verifications are conducted to eliminate inaccuracies and avoid loss by financial fraud.

Reconciliations and audits of this vendors’ invoicing have revealed numerous inconsistencies and indications of questionable billing practices (see documented information provided in complaint).

Among these many issues, no required waivers or releases have been provided or received as requested.

As discussed, Signature Exteriors is currently engaged in an extensive review of these details.

Signature Exteriors, LLC

480-665-5737

CT Newington, Manager

480-200-6630 Received 1/17/2024 ROC Legal

Registrar of Contractors Of State of Arizona

Written Answer to Citation and Complaint Case# 2023-13375 Received 1/17/2024 ROC Legal

LIST OF ATTACHED DOCUMENTS

Exhibit A Invoice 2017-939………………………………………………………………………………(3-4)

Exhibit B Invoice 2017-1039…………………………………………………………………………….(5-6)

Exhibit C Invoice 2017-931………………………………………………………………………………(7-9)

Exhibit D Invoice 2017-757………………………………………………………………………………(10-12)

Exhibit E Invoice 2017-759………………………………………………………………………………(13-14)

Exhibit F Signature Exteriors Accounting Process…………………………………………….(15-18)

Exhibit G Client email: delay of final payment……………………….…………………..…….(19-20)

Exhibit H Email to contractor of delayed payment by client………………………..……(21-22)

Exhibit I Contractor resists request for submittal of all required documents…….(23-26)

Answer from Signature Exteriors in response to Citation……………………………………(27)

Letter from Small Business Accounting: Confirmation of accounting issues………..(28)

Received 1/17/2024 ROC Legal

EXHIBIT A Invoice 2017-939 (As provided by Landpros)

Received 1/17/2024 ROC Legal

Exhibit B Invoice 2017-1039 (As provided by Landpros)

Received 1/17/2024 ROC Legal

Exhibit C Invoice 2017-931 (As provided by Landpros)

Received 1/17/2024 ROC Legal

Exhibit D Invoice 2017-757 (As provided by Landpros)

Received 1/17/2024 ROC Legal

z Received 1/17/2024 ROC Legal

Received 1/17/2024 ROC Legal

Exhibit E Invoice 2017-759 (As provided by Landpros)

Received 1/17/2024 ROC Legal

Exhibit F Accounting Processes (Sent to Landpros by Signature Exteriors)

Received 1/17/2024 ROC Legal

Exhibit G Client email: delay of final payment (Sent to Landpros by Signature Exteriors)

Received 1/17/2024 ROC Legal

Exhibit H Email to subcontractor of delayed payment by client (Sent to Landpros by Signature Exteriors)

Received 1/17/2024 ROC Legal

Exhibit I Contractor resists submitting all necessary documentation (Sent to Landpros by Signature Exteriors)

Received 1/17/2024 ROC Legal

EXHIBIT I (1 of 3)

Received 1/17/2024 ROC Legal

EXHIBIT I (2 of 3)

Received 1/17/2024 ROC Legal

EXHIBIT I (3 of 3)

Received 1/17/2024 ROC Legal

January 17, 2024

RE: Case # 2023-13375 Citation

Item Written Answer to Citation and Complaint

X Other ‘non-payment of materials or services rendered’

Answer: Respondent, Signature Exteriors, LLC asserts that billings submitted by Landscape Management, LLC for payment were not certified or approved for payment in accordance with ARS 32-1182 (D);(1)(2)(3)(4) and ARS 32-1183 (B),(C);(1)(2)(3)(4). Further complicating this matter was the failure by Landpros Landscape Management, LLC to comply with customary standards regarding submission requirements of billing or invoices for payment. Non-compliant applications for payment were improperly submitted by Landpros Landscape Management, LLC which include(s); misleading invoices including information such as billing for unapproved/incomplete work, uncompleted work, unperformed work, work outside of scope of licensure (billed, but not performed) , overcharges, duplicated charges, unapplied and/or misapplied payments/credits, and missing or unprovided and required documents such as those required by ARS 32-1183 (B), specifically, refusal by Landpros Landscape Management, LLC to provide required waiver(s) of any mechanic's or materialman's lien conditioned on payment for the work completed or material supplied as part of an appropriate application for payment.

⁃ Owner/Client declined certification of final billing, denying payment per ARS 32-1183 (D);(1)(2)(3)(4)(9).

Due to the fact that these issues, rules and administrative procedures have not been adequately considered or complied with by the complainant, Landpros Landscape Management, LLC, prior to the filing of the complaint leading to this citation, Signature Exteriors, LLC requests that the ‘court’ consider the following;

Based on due-diligence by Signature Exteriors, LLC and compliance with the rules set forth by the State of Arizona, Signature Exteriors, LLC requests that this citation, charges and any subsequent disciplinary actions be dismissed in this matter as Signature Exteriors acted in good faith and compliance per the administrative procedures outlined in ARS 32-1182 (D);(1)(2)(3)(4) and 32-1183 (B),(C);(1)(2)(3)(4). Signature Exteriors did not commit any acts or omissions outlined in ARS 32-1154(A)(10) ‘failure to pay’, as alleged or charged, because certification of the entire billing had not occurred to cause any additional monies to be due per ARS 32-1154(A)(10) at the time when this complaint was frivolously lodged in haste by the complainant to support the grossly negligent accounting and business practices of Landpros Landscape Management, LLC. Additionally, Landpros Landscape Management, LLC has made claim(s) in this matter on invoices previously paid and misrepresented as unpaid.

Signature Exteriors, LLC

480-665-5737

CT Newington, Manager

480-200-6630

This Appearance and Answer transmitted and submitted via email to [email redacted]

Received 1/17/2024 ROC Legal

01/16/2024

Signature Exteriors

PO Box 73428

Phoenix, AZ 85050

RE: Landpros Reconciliation

Chris,

Utilizing my 23 years of national construction accounting experience, coupled with my certifications as a Certified Intuit/Quickbooks professional advisor and a certified small business and accounting educator for the United States federal government, I have carefully assessed the accounting practices related to Landpros billing. The analysis reveals significant concerns, including complications in billing, instances of duplications, and apparent overcharges. The thorough processing of these issues is imperative, and it is evident that the current state of accounting and billing practices exhibits a pronounced level of gross incompetence that needs to be addressed.

In confirmation, as we have discussed, the overstated charges do appear in the invoices submitted by Landpros as part of their complaint with the Arizona Registrar of Contractors.

Please let me know if you have any questions.

Sincerely,

Christy Phillips

Owner

201-743-4477

Received 1/18/24, 8:08 AM State of Arizona Mail - Answer To Citation #2023-13375 1/17/2024 ROC Legal

Answers - AZROC <[email redacted]>

Answer To Citation #2023-13375 message

Signature Exteriors <[email redacted]> Wed, Jan 17, 2024 at 2:54 PM To: "[email redacted]" <[email redacted]>

To whom it may concern:

Please see attached Answer to Complaint and Citation #2023-13375.

Also, please confirm receipt of this email.

Thanks & Regards,

Signature Exteriors

[email redacted]

Office: 480-665-5737

Visit us today signatureXteriors.com

Complaint & Citation Answer.pdf 4345K

https://mail.google.com/mail/b/AEoRXRSvgTTAPflWGrtNbls8Dj5VEn5KlFufNzlIKRrhd6ZEhQXh/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 1/1 0121034ÿ6789ÿ ÿÿÿ ÿÿÿ0809699

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711!!"11#181$%&68''(2)3"*+,&*"&* '&'76-9(62698903-*&!7-32(93-9-63. 616 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Landpros Landscape Management LLC, Case No. 2023-13375

COMPLAINANT, v. Signature Exteriors LLC, ORDER DENYING REQUEST TO License No. ROC 326200, DISMISS RESPONDENT.

BACKGROUND On January 2, 2024, the Registrar issued a Citation against Respondent’s License No. 326200, charging Respondent with a violation of A.R.S. § 32-1154(A)(10). On January 17, 2024, Respondent filed an Answer. The Answer included a request to dismiss the complaint. ANALYSIS Respondent asserts that Complainant’s billings were not certified or approved for payment in accordance with A.R.S. § 32-1182(D) and A.R.S. § 32-1183(B) and (C). Respondent further states that Complainant did not comply with standard billing and invoicing practices, and that the invoices included overcharges, work incomplete, misrepresentation of work, work outside of scope of licensure, etc. Finally, Respondent asserts that Complainant has refused to provide required waiver(s) of any mechanic or materialman’s lien(s) as part of part of application for payment. Contrary to Respondent’s reliance on the Prompt Pay Act, the Citation here was not issued pursuant to the Act. Rather, it alleges a violation of A.R.S. § 32-1154(A)(10), which is independent of the Act. Therefore, Respondent’s reliance on the Act is misplaced.

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 While Respondent’s arguments essentially assert that payment is not yet due because, amongst other things, of the issues with Complainant’s invoices and work, these issues are disputed by Complainant. Therefore, because there are genuine factual disputes between the parties, these issues are best to be resolved before an Administrative Law Judge at the Office of Administrative Hearings. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated February 12, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractor

Copy mailed via USPS First Class Mail on February 12, 2024 to:

Respondent Signature Exteriors LLC PO Box 73428 Phoenix, AZ 85050 Complainant Landpros Landscape Management LLC 27004 N Aladdin Rd Florence, AZ 85132 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. 2023-13375 / KR of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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