2023A-14565-NPC-ROC Notice of Hearing and Packet MAILED

2023A-14565-NPC-ROC · Registrar of Contractors · 2024-02-14

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Phoenix Scaffolding and Equipment Inc, Case No. 2023-14565 COMPLAINANT, Docket No. 2023A-14565-NPC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Legacy Contracting LLC License No. ROC 333553,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: March 29, 2024 9:00 AM Adam Stone 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 18, 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 February 14, 2024.

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

Copy mailed via USPS First Class mail February 14, 2024 to: Respondent(s) Legacy Contracting LLC 12211 W Bell Rd, Suite 204 Surprise, AZ 85378

Complainant(s) Phoenix Scaffolding and Equipment Inc 4143 E Winslow Ave Phoenix, AZ 85040

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. 2023-14565 /

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

January 3, 2024

Via U.S. Mail and Email

Complainant Phoenix Scaffolding and Equipment Inc. 4143 E Winslow Ave Phoenix, AZ 85040

Via U.S. Mail and Email

Respondent Legacy Contracting LLC 12211 W Bell Rd, Suite 204 Surprise, AZ 85378

Re: Complaint No. 2023-14565

Dear Complainant and Respondent:

The Registrar received a complaint filed against Legacy Contracting 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 January 10, 2024. 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 January 10, 2024 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 Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

Sincerely,

/s/Mary Coyne

Mary Coyne, CP Paralegal Manager Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Melinda Yarbro Street Address City State Zip Code 4111 E Winslow Ave Phoenix Arizona 85040 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Legacy Contracting LLC ROC 333553 Street Address City State Zip Code 12211 W Bell Rd, Suite 204 Surprise AZ 85378 Phone Number Email Address

Name of Person(s) Representing License Jerry Vaughn;Tucson Freeman Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $8,120.23 March 10, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. 11/3/23 invoice# 20602 $5,149.99; 7/27/23 invoice# 23092 $742.56; 8/30/23 invoice# 23675 $742.56; 6/30/23 invoice# 22590 $742.56; 9/25/23 invoice# 24066 $742.56; AR aging; Account ledger; signed rental agreement; email dated from 10/18/23 to 11/9/23; email dated from 12/3/23 to 12/6/23; email dated from 7/20/23 to 10/11/23 Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Melinda Yarbro Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are 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 Melinda Yarbro REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2023-14565 Phoenix Scaffolding and Equipment Inc,

COMPLAINANT, v. CITATION Legacy Contracting LLC License No. ROC 333553,

RESPONDENT.

The Registrar issues this Citation to Legacy Contracting LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by February 2, 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 December 26, 2023, Phoenix Scaffolding and Equipment Inc (“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

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

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 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. 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:

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. 2023-14565. 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 February 2, 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). 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(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated January 18, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, January 18, 2024 to:

Respondent Certified Mail No: [number redacted]

Legacy Contracting LLC 12211 W Bell Rd, #Ste 204 Surprise, AZ 85378 Copy mailed by USPS First Class mail this same date to: Legacy Contracting LLC 12211 W Bell Rd, #Ste 204 Surprise, AZ 85378

Complainant Phoenix Scaffolding and Equipment Inc 4143 E Winslow Ave Phoenix, AZ 85040

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. 2023-14565 / MTH

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Legal New Mail - AZROC <[email redacted]>

Citation 2023-14565 messages

Legal New Mail - AZROC <[email redacted]> Thu, Jan 18, 2024 at 1:00 PM Bcc: [email redacted], [email redacted]

Hello,

Attached please find an electronic courtesy copy of the Citation issued in this case. This document was also sent to your attention via US Mail.

Thank you,

Arizona Registrar of Contractors Legal Department

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

20240118 No Pay Citation MAILED 2023-14565.pdf 1953K

Daylyn Eagleshield <[email redacted]> Sun, Jan 21, 2024 at 12:47 PM To: Legal New Mail - AZROC <[email redacted]>

Received, thank you. What is this citation exactly saying that we owe as there are a lot of numbers said back and fourth. I am just simply trying to understand the problem so that I can answer to it. Any information would help, thank you.

Daylyn Eagleshield Legacy Contracting LLC Direct: (480) 721-3988 12211 W Bell Rd Surprise, AZ 85378 ROC #333553

**************************** Confidentiality Notice: The information contained in and transmitted with this communication is strictly confidential, is intended only for the use of the intended recipient and is the property of Legacy Contracting LLC ROC#333553 or its affiliates and subsidiaries. This is also not authorized to send to a third party without the consent of a member from Legacy Contracting LLC ROC#333553. If you are not the intended recipient, you are hereby notified that any use of the information contained in or transmitted with the communication or dissemination, distribution, or copying of this communication is strictly prohibited by law. If you have received this communication in error, please immediately return this communication to the sender and delete the original message and any copy of it in your possession. ****************************

From: [email redacted] <[email redacted]> on behalf of Legal New Mail - AZROC <[email redacted]>

https://mail.google.com/mail/b/AEoRXRRTcjId_YujiEmoR9YzEkt4RA1BIZZqLXKJ1mmg2ARjSVaU/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 1/2 1/24/24, 10:07 AM State of Arizona Mail - Citation 2023-14565

Sent: Thursday, January 18, 2024 1:00 PM Subject: Citation 2023-14565

[Quoted text hidden]

Legal New Mail - AZROC <[email redacted]> Wed, Jan 24, 2024 at 10:07 AM To: Daylyn Eagleshield <[email redacted]>

Good morning. A copy of the complaint shows they are requesting $8,120.23.

Thank you,

Arizona Registrar of Contractors Legal Department

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

[Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRRTcjId_YujiEmoR9YzEkt4RA1BIZZqLXKJ1mmg2ARjSVaU/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 2/2 WRITTEN ANSWER TO CITATION AND COMPLAINT - CASE NO. 2023-14565 Received 2/2/2024 ROC Legal

Legacy Contracting LLC ROC# 333553 12211 W Bell Rd, #Ste 204 Surprise, AZ 85378

February 2, 2024

Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007-2812

Re: Written Answer to Citation and Complaint, Case No. 2023-14565

Dear Mr. Stirling, I am writing in response to the Citation and Complaint issued by the Arizona Registrar of Contractors (ROC) regarding the allegations brought forth by Phoenix Scaffolding and Equipment Inc against Legacy Contracting LLC. Dated January 18, 2024. Please find below our written response to the allegations presented in the Complaint.

Response to Citation and Complaint, Case No. 2023-14565

Allegation 1: Failure to Pay Monies Exceeding $750 Legacy Contracting LLC denies the allegations of failure to pay monies for materials or services rendered as outlined in the citation. Response to Allegation 1: Under A.R.S. § 32-1154(A)(10), the ROC alleges failure by Legacy Contracting LLC to pay monies exceeding $750 for materials or services rendered. Legacy Contracting LLC contests this allegation and provides the following response:

Received 2/2/2024 ROC Legal

Statement of Denial: Legacy Contracting LLC denies the allegations of failure to pay monies exceeding $750 for materials or services rendered in connection with its operations as a contractor. Unauthorized Signature: It has come to our attention that the Rental Quote/Agreement provided by Phoenix Scaffolding and Equipment Inc, upon which the citation is based, bears the signature of "Jerry Vaughn." However, Mr. Vaughn was not authorized to enter into agreements or make financial commitments on behalf of Legacy Contracting LLC. Incomplete Information: Additionally, the document titled "Rental Quote/Agreement" lacks essential information, such as the printed name of the signer, which raises questions about the validity and completeness of the agreement. Document Irregularities: Upon review of the provided document, we observed that the word "CONTRACT" appears off-center, not in line with the title. This discrepancy suggests possible tampering or editing of the document after its initial creation. Discrepancies in Total Value: Furthermore, the "Rental Quote/Agreement" page provided by Phoenix Scaffolding LLC shows a total value of $26.52, without specifying the rate type (per hour, per day, per month, or per year). This contrasts with the total values of $742.56 per invoice presented in other documents. The discrepancy in total values raises questions about the accuracy and consistency of the provided documentation.

Additional Facts: Upon reviewing the email attachments submitted by Phoenix Scaffolding LLC to the ROC, we noted several discrepancies and irregularities: On October 20th, 2023, Phoenix Scaffolding LLC claimed that Legacy Contracting LLC owed a grand total of $8,120.23, and then on December 3rd, 2023, they provided a different total of $7,166.04. These inconsistent statements regarding the outstanding balance further raise doubts about the accuracy and reliability of their claims. From the emails dated October 23rd, 2023, November 9th, 2023, December 4th, 2023, and December 6th, 2023, Legacy Contracting LLC continuously questioned the validity of the invoices, the signer's identity ("Jerry Vaughn"), the quantity and prices of the boards, and the overall amount of scaffolding allegedly provided by Phoenix Scaffolding LLC for the project in Sells, AZ. Legacy Contracting LLC has never had the amount of scaffolding portrayed in the emails, and the sudden accusations of theft by Phoenix Scaffolding LLC are baseless and unfounded. Documentation and Evidence: Enclosed with this response are copies of relevant rental agreements, invoices, and correspondence pertaining to equipment rental transactions between Legacy Contracting LLC and Phoenix Scaffolding and Equipment Inc. These documents support our position and demonstrate the nature of our relationship with the complainant. Deadline for Filing a Written Answer: This response is submitted in writing to the Arizona Registrar of Contractors in accordance with the instructions provided in the Citation.

Received 2/2/2024 ROC Legal

Consequences for Failing to File a Written Answer: Legacy Contracting LLC understands the consequences of failing to file a written answer as outlined in A.R.S. § 32-1155(C).

Thank you for your attention to this matter. We trust that our response satisfactorily addresses the allegations brought forth by Phoenix Scaffolding and Equipment Inc. Please do not hesitate to contact us if you require any further information or clarification.

Sincerely, Daylyn Eagleshield (602) 320-2963 [email redacted] CEO/President Legacy Contracting LLC

Enclosures: Copies of relevant documents as mentioned in the response

cc: Phoenix Scaffolding and Equipment Inc

Received 2/2/2024 LEGACY EXHIBIT A ROC Legal Received LEGACY EXHIBIT A 2/2/2024 ROC Legal

From: Daylyn Eagleshield <[email redacted]> Sent: Monday, December 04, 2023 3:35 PM To: Melinda Yarbro <[email redacted]> Subject: Re: Phoenix Scaffolding LLC

We are still at a loss as to the scaffolding you say we rented and the quantities sound completely off. So you are free to do whatever you will but we will have to deny as this was never laid out straight with me not even renting it.

Daylyn Eagleshield Legacy Contracting LLC CEO/President Office: (602) 320-8759 Direct: (480) 721-3988 Mobile: (602) 320-2963 12211 W Bell Rd, STE 204 Surprise, AZ 85378 ROC #333553 **************************** Confidentiality Notice: The information contained in and transmitted with this communication is strictly confidential, is intended only for the use of the intended recipient and is the property of Legacy Contracting LLC ROC#333553 or its affiliates and subsidiaries. This is also not authorized to send to a third party without the consent of a member from Legacy Contracting LLC ROC#333553. If you are not the intended recipient, you are hereby notified that any use of the information contained in or transmitted with the communication or dissemination, distribution, or copying of this communication is strictly prohibited by law. If you have received this communication in error, please immediately return this communication to the sender and delete the original message and any copy of it in your possession. ****************************

From: Melinda Yarbro <[email redacted]> Sent: Sunday, December 3, 2023 6:58 PM To: Daylyn Eagleshield <[email redacted]> Subject: Phoenix Scaffolding LLC

Hello!

I just wanted to give you notice that we will be filing with the ROC. Your balance due is $7,166.04.

Sincerely, Melinda Yarbro Phoenix Scaffolding ROC# 332105 4143 E. Winslow Ave Phoenix, AZ 85040

Phone: 602-426-0404 Fax: 602-426-1160 Cell : 480-227-4000

Received 2/2/2024 ROC Legal PHOENIX SCAFFOLDING LLC. -

4143 E. Winslow LEGACY Phoenix, AZ 85040 ROC#332105 EXHIBIT B Phone: (602) 437-1078 www.phoenixscaffolding.com Fax: (602) 437-1438 - RENTAL QUOTE/AGREEMENT CONTRACT Rented To: ' ' . . ':: '" , , ,'· · . . ,, ·. .,,,. ' Delivery Location: ' ,' -· Ticket# -��..'· ;·: :.·, •r�i� !,:.:II,!_ 1'

Legacy Contracting, Lie. [5201] Toka Con# 20602 12211 W. Bell Rd. Indian Route 24 Mile Post 5 Ste #204 CONTRACT Surprise AZ 85378 Sells AZ Loe 100 TAX AREA 100

Ordered by: Gerry PSE Job# 230293 Delivery/Out: 03/10/23 Fri DT1 Phone: Cust PO# Toka Pick-up/In: 03/10/23 Fri DT1

Qty' ltep,-:· ,- ·De�CriPti()ll Rate Total .,/

54;:;610 16"X1 0"X2" Wood Plank 0.35 18.90 3620 9'X1 0"X2"' Wood Plank 0.23 5.52

- , ..,. ':'

A.RS. 13-1806 UNLAWFUL FAILURE OF THE LESSEE TO RETURN RENTED PROPERTY VALUED AT $100 OR MORE WITHIN Rentals 24.42 SEVENTY-TWO HOURS FROM THE DATE AND TIME OF THE FAILURE TO PAY ANY PERIODIC RENTAL PAYMENT AS PROVIDED IN Sales 0.00 THE RENTALAGREEMENT IS A CLASS 6 FELONY PUNISHABLE BY UP TO 1.875 YEARS IN THE ARIZONA STATE PRISON AND A FINE OF UP TO $150,000 (1,000,000 FOR ENTERPRISES) PLUS 12% SURCHARGE ON EACH COUNT. UNLAWFUL FAILURE TO Delivery/Other 0.00 RETURN RENTAL PROPERTY OF $100 OR LESS IS A CLASS 1 MISDEMEANOR PUNISHABLE BY UP TO 6 MONTHS IN THE COUNTY JAIL AND A $1,000 FINE PLUS 12% SURCHARGE ON EACH COUNT. , Sales Tax 2.10 THIS AGREEMENT SHALL INCLUDE THE CONDITIONS SET FORTH ON THE REVERSE SIDE HEREOF. Total 26.52 s·�fety equipment refused except as shown above

03/10123 09:34:28 Page 1 PRINTED NAME of code of safe practices and agrees to all terms and conditions on the reverse hereof. CONTINUED ON BACK Received

LEGACY 2/2/2024 Phoenix Scaffolding Sales ROC Legal 4143 E Winslow Ave Phoenix, AZ 85040 EXHIBIT B (602)437-1078

BID Sol d T o: Delivery Location: Ticket# Quote [2007) Valid For 30 Days Of Date. Bid# 27927 4143 E Winslow Ave Daily Rental Requires 14 Day Phoenix AZ Minimum &$250.00 Security Hold BID Loe 200 TAX AREA 100 Ordered by: PSE Job# Quote Only Delivery/Out: 02/17/23 Fri DT1 Phone: Cust PO# Pick-up/In: 02/17/23 Fri DT1

Qty Item Description Rate Total

9WP 9'X10"X2" Wood Plank 46.88 281.28 540 5'X4' Box Frame 78.03 156.06 070( 7' X 32" Cross Braces (Black) 24.24 48.48 18SJ 18" Screw Jack W/ Base Plate 27.50 55.00 2WP 2'X10"X2" Wood Plank 2.50 5.00

Rentals 0.00 Sales 545.82 Delivery/Other 0.00 Sales Tax 46.94 Total 592.76

02117123 12:07:47 Page 1 Received 2/2/2024 Phoenix Scaffolding Sales 4143 E Winslow Ave LEGACY ROC Legal

Phoenix, AZ 85040 EXHIBIT B (602)437-1078

BID Sold To: Delivery Location: Ticket# Quote [2007] Valid For 30 Days Of Date. Bid# 27914 4143 E Winslow Ave Daily Rental Requires 14 Day Phoenix AZ Minimum &$250.00 Security Hold BID Loe 200 TAX AREA 100 Ordered by: PSE Job# Quote Only Delivery/Out: 02/16/23 Thu DT1 Phone: Cust PO# Pick-up/In: 02/16/23 Thu DT1

Qty Item Description Rate Total

540 5'X4' Box Frame 78.03 3121.20 18SJ 18" Screw Jack W/ Base Plate 27.50 2420.00 2WP 2'X10"X2" Wood Plank 2.50 220.00 16WP 16'X10"X2" Wood Plank 82.81 5962.32 9WP 9'X10"X2" Wood Plank 46.88 1687.68 070( 7' X 32" Cross Braces (Black) 24.24 2133.12

Rentals 0.00 Sales 15,544.32 Delivery/Other 0.00 Sales Tax 1,336.81 Total 16,881.13

02116/23 08:07:40 Page 1 Received Phoenix Scaffolding Lie 2/2/2024

4143 E Winslow Ave LEGACY ROC Legal

Phoenix, AZ 85040 EXHIBIT B (602)437-1078

INVOICE Rented To: Delivery Location: Tick.et# Legacy Contracting, Lie. [5201l Toka Inv# 22590 12211 W. Bell Rd. Indian Route 24 Mile Post 5 Inv Date 06/30/23 Ste #204 Sells AZ Org# 20602-RB4 Surprise AZ 85378 RECURRING BILL Loe 100 TAX AREA 100 Ordered by: Gerry PSE Job# 230293 Invoice From: 06/02/23 Fri PM1 Phone: Cust PO# Toka Invoice To: 06/29/23 Thu

Qty Item Description Rate Total

3610 16'X10"X2" Wood Plank 529.20 3620 9'X10"X2" Wood Plank 154.56

Rentals 683.76 Sales 0.00 Delivery/Other 0.00 Sales Tax 58.80 Total 742.56

12117123 16:19:32 Page 1 Received 2/2/2024 Phoenix Scaffolding Uc ROC Legal 4143 E Winslow Ave Phoenix, Al 85040 (602)437-1078 LEGACY EXHIBIT B

INVOICE Rented To: . . . Delivery location: Ticket# Legacy Contracting, Uc. [5201J Toka Inv# 23092 12211 W. Bell Rd. Indian Route 24 Mile Post 5 Inv Date 07 /27 /23 Ste #204 Sells AZ Org# 20602-RB5 Surprise AZ 85378 RECURRING BILL Loe 100 TAX AREA 100 Ordered by: Gerry PSE Job# 230293 Invoice From: 06/30/23 Fri PM1 Phone:. Cust PO# Toka Invoice To: 07127/23 Thu PM1

I Qty Item Description Rate Total

3610 16'X10"X2" Wood Plank 0.35 529.20 3620 9'X10"X2" Wood Plank 0.23 1 54.56

wi\\ -f'o(

\o,\\,n�'' ,lbl� t�U\� tlse Is �wq V"<J,pun � is. \CU'l �1L\<i;b- 72\- Rentals Sales 683.76 0.00

'I l)i'Jd\-\ tt(<ir Delivery/Other 0.00

S't>\.iS Sales Tax _ 58.80

O'\ \ lQ - vc-..i \ \,/ v\ �£7\ __:.=:""_ Total 742.56

ot / 12.. �oc\--eJ \CA\ 07/27123 15:14:54 Page 1 Received Phoenix Scaffolding Lie 2/2/2024 ROC Legal 4143 E Winslow Ave Phoenix, AZ 85040 LEGACY (602)437-1078 EXHIBIT B

INVOICE Rented To: Delivery Location: Tick.et# Legacy Contracting, Lie. [5201l Toka Inv# 20602 12211 W. Bell Rd. Indian Route 24 Mile Post 5 Inv Date 11/03/23 Ste #204 Sells AZ Surprise AZ 85378 FINAL INVOICE Loe 100 TAX AREA 100 Ordered by: Gerry PSE Job# 230293 Invoice From: 09/22/23 Fri DT1 Phone: Cust PO# Toka Invoice To: 08/17/23 Thu

Qty Item Description Rate Total

3610 16'X10"X2" Wood Plank 0.35 -661.50 3620 9'X10"X2" Wood Plank 0.23 -193.20

M-#36100000 -M-16'X10"X2" Wood PLANK0000 82.81 4471.74 M-#36200000 -M-9'X10"X2" Wood PLANK0000 46.88 1125.12

Rentals -854.70 Sales 5,596.86 Delivery/Other 0.00 Sales Tax 407.83 Total 5,149.99

12117123 16:21:49 Page 1 Received

LEGACY 2/2/2024 ROC Legal

EXHIBIT B ACCOUNT RECEIVABLE AGE ANALYSIS Single Customer Aging 5201 Printing Date: 12103123 18:50 Page: Current Period Ending: 12103/23 12103123 11/03123 10/04123 09104/23 08105/23 Original Original Current 30 Days 60 Days 90 Days 120 Days 'Total Acct# Name Invoice Loe Amount Date Balance Overdue Overdue Overdue Overdue Balance PO# Job Name

5201 LEGACY CONTRACTING, LLC. 20602 100 5149.99 11/03123 5149.99 5149.99 230293 TOKA (480)670-8259 AP: (602)320-2963 22590 100 742.56 06/30/23 742.56 742.56 230293 TOKA 23092 100 742.56 07127/23 742.56 742.56 230293 TOKA 23675 100 742.56 08/30/23 742.56 742.56 230293 TOKA 24066 100 742.56 09/25123 742.56 742.56 230293 TOKA

Unapplied Payment: 211.63 742,56 954.19 DAYLYN EAGLESHIELD 5149.99 530.93 742.56 742.56 7166,04

GRAND TOTALS 0,00 5149,99 742.56 742.56 1485.12 8120.23

Unapplied Payment: 0.00 0,00 211,63 0.00 742.56 954, 19 0.00 5149.99 530.93 742,56 742.56 7166.04 Received 12/17/23 16:23 CUSTOMER LEDGER CARD Page: 1 2/2/2024 ROC Legal Key: 5201 LEGACY CONTRACTING, LLC. Attention: DAYLYN EAGLESHIELD DL#: 5201 12211 W. BELL RD. Phone #1 : (480)670-8259 Work STE #204 Phone AP : (602)320-2963 SURPRISE, AZ. 85378

Invoice Paid at Counter Paid on Account

Date Invoice Loe Description Type Total Type Amount Date Type Check/Payment# Amount Date Total Paid Balance Due

02/17/23 19982 100 P0#230039 cc 372.39 cc 20230217-2482 372.39 02/17/23 372.39 0.00 04/11/23 21156 100 PO# 230293 cc 742.56 cc 20230504-9837 742.56 05/04/23 742.56 0.00 05/04/23 21585 100 P0#230293 cc 742.56 cc 20230504-9837 742.56 05/04/23 742.56 0.00 06/06/23 22085 100 PO# 230293 cc 742.56 cc 20230614-9837 742.56 11/10/23 742.56 0.00 06/30/.23 22590 100 P0#.230293 cc 742.56 0.00 742.56 07/27/23 23092 100 PO# 230293 cc 742.56 0.00 742.56 08/30/23 23675 100 P0#230293 cc 742.56 0.00 742.56 09/25/23 24066 100 PO# 230293 cc 742.56 0.00 742.56 10/13/23 24365 100 P0#230959 cc 574.10 cc 20231013-3657 574.10 10/13/23 574.10 0.00 10/19/23 23820 100 PO# 230959 cc 287.05 cc 20230908-3657 287.05 10/20/23 287.05 0.00 11/03/23 20602 100 P0#230293 cc 5,149.99 0.00 5,149.99

11,581.45 3,461.22 8,120.23

----Unapplied Payments----

Unapplied Chk DI Check# 742.56 07/11/23 20230711-1000 211.63 10/20/23 20230908-3657

LEGACY EXHIBIT B Received 2/2/2024 ROC Legal

January 3, 2024 LEGACY EXHIBIT C

Via U.S. Mail and Email

Complainant Phoenix Scaffolding and Equipment Inc. 4143 E Winslow Ave Phoenix, AZ 85040

Via U.S. Mail and Email

Respondent Legacy Contracting LLC 12211 W Bell Rd, Suite 204 Surprise, AZ 85378

Re: Complaint No. 2023-14565

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 January 10, 2024 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 Received 2/2/2024 ROC Legal

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

Sincerely, LEGACY EXHIBIT C /s/Mary Coyne

Mary Coyne, CP Paralegal Manager Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

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 2/2/2024 ROC Legal

Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 LEGACY Phoenix, AZ 85005-8243 EXHIBIT C Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Melinda Yarbro Street Address City State Zip Code 4111 E Winslow Ave Phoenix Arizona 85040 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Name of Person(s) Representing License Jerry Vaughn;Tucson Freeman Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $8,120.23 March 10, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. 11/3/23 invoice# 20602 $5,149.99; 7/27/23 invoice# 23092 $742.56; 8/30/23 invoice# 23675 $742.56; 6/30/23 invoice# 22590 $742.56; 9/25/23 invoice# 24066 $742.56; AR aging; Account ledger; signed rental agreement; email dated from 10/18/23 to 11/9/23; email dated from 12/3/23 to 12/6/23; email dated from 7/20/23 to 10/11/23 Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Melinda Yarbro Declaration & Signature Received 2/2/2024 I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty ROCof perjury Legal that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are 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 Melinda Yarbro

LEGACY EXHIBIT C Received 2/5/24, 8:10 AM State of Arizona Mail - Written Answer to Citation and Complaint - Case No. 2023-14565 2/2/2024 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint - Case No. 2023-14565 message

Daylyn Eagleshield <[email redacted]> Fri, Feb 2, 2024 at 3:56 PM To: Answers - AZROC <[email redacted]>, Legal New Mail - AZROC <[email redacted]> Cc: "[email redacted]" <[email redacted]>, Legal New Mail - AZROC <[email redacted]>

Hello,

Please find my attached answer and written statement to the written citation. Thank you.

Daylyn Eagleshield CEO | Legacy Contracting LLC | ROC#333553 Office: (602) 320-8759 Cell: (602) 320-2963

Written Answer to Citation and Complaint (Phoenix Scaffolding LLC V. Legacy Contracting LLC) Case No. 2023-14565.pdf 2782K

https://mail.google.com/mail/b/AEoRXRS_emcyB4xhrcgTK-WJdhbdepVxKyVkDahpdkyEmGfPlQlA/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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