2024A-01187-NPC-ROC Notice of Hearing and Packet MAILED

2024A-01187-NPC-ROC · Registrar of Contractors · 2024-03-19

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Justin Pahtrick Allen, Case No. 2024-01187 DBA: Desert Coatings, Docket No. 2024A-01187-NPC-ROC COMPLAINANT, NOTICE OF HEARING ON v. CONTESTED CASE

Top Shelf Contracting LLC License No. ROC 339057,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

May 3, 2024 9:00 AM Jenna Clark Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will

be held at 1740 W Adams Street, Phoenix, AZ 85007.

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

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

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on February 26, 2024.

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):

Charge: 1 § 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 18, 2024.

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

Copy mailed via USPS First Class mail March 18, 2024 to: Respondent(s) Top Shelf Contracting LLC 828 W Park Ave Chandler, AZ 85225

Complainant(s) Justin Pahtrick Allen DBA: Desert Coatings 2836 W Buckeye Rd Phoenix, AZ 85009

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. 2024-01187 /

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

February 1, 2024

Via U.S. Mail and Email

Complainant Desert Coatings 3017 N. Scottsdale Rd. Scottsdale, AZ 85251

Via U.S. Mail and Email

Respondent Top Shelf Contracting LLC 828 W. Park Ave. Chandler, AZ 85225

Re: Complaint No. 2024-01187

Dear Complainant and Respondent:

The Registrar received a complaint filed against Top Shelf Contracting LLC for non- payment of materials or services rendered. This complaint is incomplete and will not be substantively reviewed by the Registrar until the following documentation is provided:

1. Contract signed by both parties, but if there was no written contract, then a written statement that includes the following information: I. The reason a written contract is not being provided (e.g., the contractor did not provide a written contract, the contract is lost, the contract was destroyed; II. The names of the people whom negotiated the contract; III. The agreed upon payment schedule(s); and, IV. An explanation of whom was to receive payment.

Please provide ALL requested information by February 8, 2024. The Registrar will close this complaint (as incomplete) without further written notice if you fail to provide the requested documentation by such date.

Documents can be submitted 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]

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Although the complaint is incomplete at this time, Respondent may file a response with the Registrar raising any issues or affirmative defenses to the complaint.

If the required information is provided and this complaint becomes complete, Respondent will be provided an additional opportunity to respond to the complaint.

Sincerely,

/s/Mary Coyne

Mary Coyne, CP Paralegal Manager Legal Department 1700 W Washington St., Ste. 105 Phoenix, AZ 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 DocuSign Envelope lD: B'l D 1 71 BD-3D3C-437D-87DB-897030 188023 Received by Investigations 01/29/2024 2024-01187 RECEIVED Non-Payment Complaint Form Departmental Use Only JAN 2 I202r Corrplaint Nunrbcr: Mail to: Registrar of Contractors INVESTICaATION P.O. Box 18243 Phoenix, AZ 85005-8243 Urat6 ii,,, Person Filin Com laint C

Busincss Namc FUU Name (First N{iddle Last) ROC License Number(s) (iI anv) Desert Coatings Justin Pahtrick Allen 183016 Street Address City SLr h Zip Cod(' 2836 W Buckeye Rd Phoenix Az 85009 Phone Number EmailAddress [number redacted] desertf loorcoatings @ gmall.com I consent to receive communications electronically in connection with this case_ Yes E No E

Name of Attorney (it any)

Attornev's Street Address Cirv 5Lr te Zip Codt'

Attornc\"\ Ph()Ir{r Numbcr Attorney's Email Ad d ress

lfegryeg Inf ormation (Payer) Namc (as shown on contracts, invoices, etc.) ROC License Number(s) Top Shelf Contracting LLC 339057 Street Aclclress Citv Stak' Zip Codo Chandler Az 85225 Phone Nrrmber Email Addrcss (480) 710-6578 topshelf contract @ gmail.com Na mo ,,i l'.r\nnr.r l(, pre..nltnt Ltc-n.( Adam Jeffrey Dalke Complaint Infonnation I'rinci P .il Amount Due (excludinB intcr('sl and te('\) Contract Date (ii applicablo) $34,1 5 0 Have vou ailed a civil complaint? Yes E (If ves, provide a copy of the civil judgment) No E No List all specifi. invoices which have not been paid. Atta':h additional pages if necessary. I 3454 dated September 19,2023

Certification I certilll, upotl i{ormation and belief, that the abote-named licensee has failed to patl moiies it excess of seoett hundred fifty dollars u,hert due for materials or seraices rendered irt connection rtith the licensee's operatiois as a contractor. I further certifu, uport it{ormation ati belief, lhat the abooe- amed liceflsee hns the capacity to pay, or has receit ed sulficiert mories as payment for the particular cortstructiorr uork proiect or operatior for tuhich the seroices or materials zpere rendered or purchased. A R.S. 5 32-1154(AX-10). loot" Printed Name Justin Allen Signntu 'f- lt" .,L. tlll.. lt tsrzoz+ Jenrvu hwv Declaration & Sienature I am the Comphitant in this Complaint Form or Complainnnt's duly authorized represefltatioe. I declnre under pernlty ofperjury thnt the information contabrcd in this Form is true aid correct to the best of my ktouledge. I further certify that onl documetlts submitted itt support of this complaint are true a d correct copies of the originals afld are accurate to the best of my knozttlcdge. I uill assist ir the iruesti.qation or i the prosecutiorr of the cotrtractor L)r other porties, arul toill, if ntctssary, attewl hcarings and t.stifit to facts l'nntcd N,rme Signature Dalc Justin Allen 1/5t2024 ht,w ilb* Received by Investigations 01/29/2024 2024-01187 D€sert Coatings 2836 W Buckeye Rd Phoenix. AZ 85009 US +1 [number redacted] Desert inf [email redacted] rL, Coatings www.desertcoatings.com

INVOICE BILL TO SHIP TO lNvolcE # 34s4 Top Shelf Contracting 2201 E Clubhouse Dr DATE 09/'1 9/2023 Phoenix Az 85048 DUE DATE O9I3OI2O23 TERMS Due upon receipt

ACTIVITY RATI SeMcss 1,500 2.50 3,750.00 Remove existing overlay Servicss 7,800 5.50 42,900.00 Grind concrete, patch, install 1 coat ol 100% solids epoxy and broadcast sand to refusal, install 2 coats of New Canvas microtop overlay and sandscreen between coats with a 120 grit sandscreen, stain and seal with 2 coats of dual component polyurethane. SoMcss 1 2.500.00 2,500.00 Repair area that was damaged from removal of concrete bench SeMces -1 15,000.00 -'15,000.00 Paid CK # 1024 SeMces -,1 7,000.00 -7.000.00 Made ACH PAYMENT 1/12124

SUBTOTAL 27,1 50.00 TAX 0.00 TOTAL 27,150.00 BALANCE DUE $27,150.00 Received by Investigations 01/29/2024 2024-01187

Mailbody

u n i ,rl

\t, r; 'ti lr 'f

u r$ s': t; $,S t: Received by Investigations 01/29/2024 2024-01187 Desort Codngs 2836 W Buckeye Rd Phoenix, AZ 85009 US +1 [number redacted] Desert [email redacted] www.desertcoati ngs.com rB rba I Goatings ccre edlrq I c!fin !'B 1.fr,r 9g

Estimate ADDRE$S SHIP TO ESTIMATE# 5621 Top Shell Contracting 2201 E Clubhouse Dr DATE 05t24t2023 480-71 0-6578 Phoenix Az 85048

SALES REP Justin Allen [number redacted]

ACTIVIry OTY RATE AMOUNT Front: 0.00 SeMces 3,300 3.00 9,900.00 Remove concrete tiles and lhinset Overlay 3,300 5.50 18,150.00 Grind concrete, patch, install 2 coats ol New Canvas microtop overlay and sandscreen .120 between coats with a grit sandscreen, stain and seal with 2 coatrs of dual component polyurethane. Back 0.00 SeMces 1 ,500 2.50 3,750.00 Remove existing overlay Oreday 7,800 5.50 42,900.00 Grind concrete, patch, install 1 coat of 100% solids epory and broadcast sand to refusal, install 2 coats of New Canvas microtop overlay and sandscreen between coats with a 120 grit sandscreen, stain and seal with 2 coats of dual component polyurethane. Sorylces -1 15,000.00 -15,000.00 Paid CK# 1024 SeMc€s 1 2,500.00 2,500.00 Repair area that was damaged from removal of concrete table.

Thank you for the oppoftunity to bid your project. By accepting this SUBTOTAL 62,200.00 proposal you are accopting Deseft Coatings Terms and Conditions TAX 0.00 The estimate and terms and condiiions must be signed prior to the TOTAL commencement of any work. $62,200.00 This proposal may be withdrawn if not accepted within 30 days. Received by Investigations 01/29/2024 2024-01187

Desert Coatings Terms And Conditions By accepting our propo-sal you are accepting the following terms and conditions:

1. Should the owner or owners agent direct any modiRcations or additions to the work covered by this contract, the contract shall be adjusted accordingly. Change orders will become part ofthe contracL The order must describe the scope ofwork or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule ofprogress payments. Failure to have written authorization shall not be deemed fatal to the collection of the extra work

2. Responsibilities ofthe parties. Desert Coatings shall promptly notiflr t]re Owner of (al subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or [b] unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. Owner as added work shall pay for any expense incurred due to such conditions. Electricity and water to the site is not only necessary but mandatory. The owner agrees to allow and provide Desert Coatings and his equipment access to the property and provide toilet facilities. The owner is responsible for having sufficient funds to comply with this agreement. This is a cash transaction. The owner is responsible to remove/protect any personal property and Desert Coatin8s is not responsible for it or for any driveways, lawns, shrubs, trees, flowers etc.

3. Delays. Desert Coatings agrees to start and diligently pursue work through to completion, but shall not be responsible for delays for any ofthe following reasons: acts ofneglect or omission of Owner or Owner's employees or Owner's agent, acts of God, stormy or inclement weatiel strikes, lockouts, boycotts, or other labor union activities, Extra Work ordered by Owner, acts ofpublic enemy, riot or civil commotion, inability to secure material t}Irough regular recognized channels, imposition ofgovernment priority or allocation ofmaterials, failure of owner to make payments when due, or delays caused by inspection or changes ordered by the inspectors ofauthorized governmental bodies, scheduling conflicts with other Eades due to bad management on the part of owner or owner's employees or owner's agent, for acts ofindependent contractors, or holidays, or other causes beyond Desert Coatings reasonable control.

4. Plans and specifications. If plans and specifications are prepared for this job, they shall be attached to and become a part ofthe agreement.

5. Fees, taxes, and assesments. Desert Coatings will pay all sales taxes associated wit}l this contract unless the work is being conducted for a general contractor. Owner will pay for all fees and assessments charged by governmental bodies, utilities, finance companies etc.

5. Completion and occupancy. Owner agrees to sign and record a notice ofcompletion within five (5) days after the proiect is complete and ready for occupanry. In the event that the owner occupies the project or any part thereof before Desert Coatings has received all payment due under this contract, such occupacy shall constitute full and unqualified acceptance ofall of Desert Coatings work by the owner and the owner agrees that such occupancy shall be a waiver ofany and all claims against Desert Coatings.

7. Insurance and deposits. Desert Coatings is fully licensed, bonded and insured and will provide a certificate of insurance free ofcharge at the request ofthe owner. Ifthe project is destroyed or damaged by accident, disaster or calamity such as fire, storm, earthquake, flood, landslide or by theft or vandalism any work done by Desert Coatigns in rebuilding or restoring the project shall be paid by the owner as extra work Owner shall obtain and pay for insurance against injury to owner's own employees and persons under owner's direction and persons on the job site at owner's invitation.

8. Right to stop work. Desert Coatings shall have the right to stop work ifany payment shall not be made, when due, to Desert Coatings under this agreement. Desert Coatings may keep the job idle until all payments due are received. This remedy is in addition to any other right or remedy that Desert Coatings may have. Such failure to make payment when due, is a material breach ofthis agreement. Owner acknowledges that the additional costs for the delay in stopping and starting the project shall be treated as extra work and allow Desert Coatings additional costs in accordance with paragraph two hereol Received by Investigations 01/29/2024 2024-01187

9. Clean up. Desert Coatings will remove fiom owner's property debris and surplus material created by this operation and leave it in a neat and broom clean condition.

10. Payment. Upon satisfactory payment being made for any portion ofthe work performed, Desert Coatings shall, prior to any further payment being made, furnish to the persons contracting for the improvemen! a full and unconditional release from any claim or Mechanic's lien, for the portion ofthe work for which payment has been made. Payment is due immediately upon completion ofthe finish coat unless specified in any other documentation or contract made by a General Contractor or owner. In which case the terms of payment shall be those stated in said documentation or contract. Late pa,,ments will be billed out at 1.50lo per month.

11. Samples. Samples can be done at the owner's requesl Howevet a sample will only give the owner a basic idea to the overall colo; tone or texture ofthe floor. Individual areas may accept the process differently. Such conditions as the amount oflight, type oflight, color of walls and ceilin& art work on walls can change the overall appearance ofthe floor with comparison to the sample. [f the owner requests a sample to be made, Desert Coatings makes no warranty as to how the process will take across the entire floor. When a sample is made for the owner and approved by the owner or owner's agent Desert Coatings will install the floor per sample. Desert Coatings makes no warranty on color. It is the responsibility of the owner to do its due diligence and view floor work installed by Desert Coatings. Any steps taken above and beyond that which achieved the sample will be billed as extra work

12. Regarding stained concrete, cracks in the flool tack strip holes and general patchwork will be filled but they will accept the process differently and can leave indentations as well as a color that will be different from that ofthe rest ofthe floor. Ceramic tile thinset will leave shadowing on the floor which can only be eliminated by floating the floor with a cementitious overlayment prior to staining. In addition, although we properly plastic and tape offall spaces which will receive the acid stain treatement, unfoftunately, the stain wicks up into the tape at the bottom ofthe baseboard. The owner agrees that they will either need to replace their baseboard or repaint it after Desert Coatings has completed its work

13. Regarding epoxy flooring cracks, joints and holes that are filled may or may not telegraph if a thin mil froll coat) epoxy floor is installed.

14. Regarding any resinous type offlooring finish (sealed concrete or stone, epoxy flooring, acid stain flooring sealed vct and more) dirt, dust, leaves, bugs, pollen, other creatures and contaminants in the air may fall into the finish coating. Desert Coatings does its due dilegence to stop this but unfortunately it can not stop nature. It may or may not be an issue but the customer needs to be aware that it may occur. Any resinous floor may scratch or scuff. [f other construction work is to occur the customer is to use canvas or a breathable material such as Ram Board for floor protection. Under no circumstances is anyone to ever to use tape or plastic on any resinous floor. Tape will have a chemical reaction with the resin on the floor and is not completely repairable.

15. It is the customers responsibility to read our maintenance guide regarding concrete flooring.

16. Pursuant to section 32-1154, subsection A, the property owner has the right to file a written complaint with the Arizona Registrar of Contractors for any alleged violation. {602) 542-7525 or www.azroc.gov

Date: Owners/owners Agent: [Signature] (Printed Name & Title) Received by Investigations 01/29/2024 2024-01187

NOTICE TO PROPERTY OWNER ARIZONA PRELIMINARY TWENTY DAY LIEN NOTICE

In accordance with Arizona Revised Statutes S33-992.01, THIS IS NOT A UEN. - This is not a reflection on the integrity of any contractor or subcontractor

Ifbills are not paid in full for the labo4 professional services, materials, machinery fixtures or tools furnished, or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, ofall or part ofyour property being improved may be placed against the property. You may wish to protect yourselfagainst this consequence by:

1. Requiring the Contractor to furnish a conditional waiver and release pursuant to Arizona Revised Statutes S33- 1008, subsection D, paragraphs 1 and 3 signed by the person or firm giving you this notice before you make pa)rment to your contractor.

2. Requiring your Contractor to furnish an unconditional waiver and release pursuant to Arizona Revised Statutes 533-1008, subsection D, paragraphs 2 and 4 signed by the person or firm giving this notice after you make payment to your Contractor.

3. Using any other method or device that is appropriate under the circumstances. WITHIN TEN DAYS OF RECEIPT OF THIS PRELIMINARY TWENTY DAY NOTICE THE OWNER OR OTHER INTERESTED PARry IS REQUIRED TO FURNISH ALL INFORMATION NECESSARY TO CORRECT ANY INACCURACIES IN THIS NOTICE PURSUANT TO ARIZONA REVISED STATUTES 533.992.01(D OR LOSE A DEFENSE OF ANY INACCURACY OF THAT INFORMATION. WITHIN TEN DAYS OF THE RECEIPT OF THIS PRELIMINARY TWENTY DAY NOTICE IF ANY PAYMENT BOND HAS BEEN RECORDED IN COMPLIANCE WITH ARIZONA REVISED STATUTES $33-1003, THE OWNER MUST PROVIDE A COPY OF THE PAYMENT BOND INCLUDING THE NAME AND ADDRESS OF THE SURETY COMPANY AND BONDING AGENT PROVIDING THE PAYMENT BOND TO THE PERSON WHO HAS GIVEN THE PRELIMINARY TWENTY DAY NOTICE. IN THE EVENT THAT THE OWNER OR OTHER INTERESTED PARTY FAILS TO PROVIDE THE BOND INFORMATION WITHIN THAT TEN DAY PERIOD, THE CLAIMANT SHALL RETAIN LIEN RIGHTS TO THE EXTENT PRECLUDED OR PRE'UDICED FROM ASSERTING A CLAIM AGAINST THE BOND AS A RESUTJI OF NOT TIMELY RECEIVING THE BOND INFORMATION.

Name ofreputed owner I address ofproperty: You are hereby notified that Claimant has furnished or will furnish labor, professional serr.ices, materials, machinery, fixtures, tools and/or equipment ofthe following general description: Please see amached signed estimate, terms and conditions and or invoice. Dated: Desert Coatings (Bv)' (SignatureJ (Titlel

Dated: Property Owner/ Owners Agent IBv) (Signaturel (Titlel 2/2/24, 8:51 AM State of Arizona Mail - ROC Complaint 2024-01187

Legal New Mail - AZROC <[email redacted]>

ROC Complaint 2024-01187 Desert Coatings <[email redacted]> Thu, Feb 1, 2024 at 3:32 PM To: Legal New Mail - AZROC <[email redacted]>

I have never been associated with the address that is in this letter. I am not sure where that came from.

The estimate to Top Shelf with attached terms and conditions, I have been told by the ROC that suffices as a contract. Granted, it’s not signed. My estimate/contract/agreement was with Adam and Top Shelf. We received a deposit check from Cobalt Construction, which I attached to the complaint. When I turned in the paperwork, I explained the situation to the person who received the documents and was told that I needed to file on Top Shelf, not on Cobalt. Let me be clear. I would like to resolve this without the ROC involvement but we’ve been going back and forth with Top Shelf and Cobalt for months. I just sent over another invoice to Top Shelf in good faith taking $7800 off the invoice trying to get this resolved.

I have attached a recent text message thread with Adam.

Thank you,

Justin Allen

https://mail.google.com/mail/b/AEoRXRQiNEKPOOPfEv02Djo6xZXX6VtnC1R-8st0YQqmInvXWCmx/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 1/7 2/2/24, 8:51 AM State of Arizona Mail - ROC Complaint 2024-01187

https://mail.google.com/mail/b/AEoRXRQiNEKPOOPfEv02Djo6xZXX6VtnC1R-8st0YQqmInvXWCmx/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 2/7 2/2/24, 8:51 AM State of Arizona Mail - ROC Complaint 2024-01187

https://mail.google.com/mail/b/AEoRXRQiNEKPOOPfEv02Djo6xZXX6VtnC1R-8st0YQqmInvXWCmx/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 3/7 2/2/24, 8:51 AM State of Arizona Mail - ROC Complaint 2024-01187

https://mail.google.com/mail/b/AEoRXRQiNEKPOOPfEv02Djo6xZXX6VtnC1R-8st0YQqmInvXWCmx/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 4/7 2/2/24, 8:51 AM State of Arizona Mail - ROC Complaint 2024-01187

https://mail.google.com/mail/b/AEoRXRQiNEKPOOPfEv02Djo6xZXX6VtnC1R-8st0YQqmInvXWCmx/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 5/7 2/2/24, 8:51 AM State of Arizona Mail - ROC Complaint 2024-01187

https://mail.google.com/mail/b/AEoRXRQiNEKPOOPfEv02Djo6xZXX6VtnC1R-8st0YQqmInvXWCmx/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 6/7 2/2/24, 8:51 AM State of Arizona Mail - ROC Complaint 2024-01187

[Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRQiNEKPOOPfEv02Djo6xZXX6VtnC1R-8st0YQqmInvXWCmx/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 7/7 Received 2/6/2024 ROC Legal

Top Shelf Contracting LLC 828 W Park Avenue Chandler, AZ 85225

ROC Complaint Response

Re: Complaint No. 2024-01187

Complainant: Desert Coatings

1. There was no signed contract by either party for this job as there was verbal understanding I. The subcontractor (Desert Coatings) never issued a contract to be signed. II. Contract was negotiated between Tom Allen of Desert Coatings, Randy Wenaas of Cobalt Commercial Construction and Jeremy Struass, the general manager of the Foothills Golf Club. III. There was no agreed upon payment schedule. There was to be progress draws as work was completed. They have been paid $22,000 to date. IV. Foothills Golf Course was to pay Cobalt Commercial Construction who was then suppose to pay Desert Coatings.

There has been several meetings on site with Desert Coatings, Randy Wenaas and Jeremy Strauss to complete the imperfections seen on the patio floor job. The flooring job that was completed here is unsatisfactory.

The overall workmanship of this project was not up to the standard that was promised. Randy with Cobalt Commercial Construction is going into the ROC office to discuss this matter and file a complaint in response to the work done by Desert Coatings. Please feel free to reach out to me should you need anyting else or have any questions. I can be reached on my cell phone at 480.710.6578. Thank you for the attention in this matter.

Best Regards,

Adam Dalke Member Top Shelf Contracting LLC

February 6th, 2024 Received 2/6/24, 3:17 PM State of Arizona Mail - ROC Complaint 2024-01187 RESPONSE 2/6/2024 ROC Legal

Legal New Mail - AZROC <[email redacted]>

ROC Complaint 2024-01187 RESPONSE message

Adam Dalke <[email redacted]> Tue, Feb 6, 2024 at 1:03 PM To: [email redacted]

Hello,

Please see my attached response per this complaint request by Desert Coatings. We are in the process of filing a complaint against them as the application and job they did was not up to expectations or satisfaction. We are also getting the supplier involved as they said they stopped selling the material they said they used over a year ago.

Please let me know if you need anything else on my end.

Thanks so much!

-- Adam Dalke

828 W Park Avenue | Chandler, AZ 85225 Mobile:480.710.6578 ROC#339057

ROC Complaint Response No. 2024-01187.pdf 115K

https://mail.google.com/mail/b/AEoRXRSxyH0xVqoiLzRMchHOcHyxGSBa_Ihhmh2dXnw7fN9r9XOS/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/1 2/13/24, 4:14 PM State of Arizona Mail - ROC Complaint 2024-01187 RESPONSE (Updated) LEGAL RECEIVED 02/13/2024

Legal New Mail - AZROC <[email redacted]>

ROC Complaint 2024-01187 RESPONSE (Updated) message

Adam Dalke <[email redacted]> Tue, Feb 13, 2024 at 2:13 PM To: [email redacted]

Hello,

See attached response to the latest documents that were sent over. Randy Wenaas has stopped by a couple times at the ROC office to discuss the next steps on our end.

I look forward to hearing back as I am sure the next steps will be to set up a meeting at the job site with the ROC. Please feel free to contact me with anything you need. See attached photos as well.

Thank you!

-- Adam Dalke

828 W Park Avenue | Chandler, AZ 85225 Mobile:480.710.6578 ROC#339057 -- Adam Dalke

828 W Park Avenue | Chandler, AZ 85225 Mobile:480.710.6578 ROC#339057

attachments

IMG_6206.jpg 3462K

https://mail.google.com/mail/b/AEoRXRStM5lguO7s4uA2xs8TWIHPkBmP_hewgf01hLFSu7dt-DSZ/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 1/2 2/13/24, 4:14 PM State of Arizona Mail - ROC Complaint 2024-01187 RESPONSE (Updated) LEGAL RECEIVED 02/13/2024

IMG_6202.jpg 2855K

IMG_6204.jpg 3262K

IMG_6207.jpg 2751K

IMG_6201.jpg 2766K

ROC Complaint Response No. 2024-01187.pdf 116K

https://mail.google.com/mail/b/AEoRXRStM5lguO7s4uA2xs8TWIHPkBmP_hewgf01hLFSu7dt-DSZ/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 2/2 LEGAL RECEIVED 02/13/2024 LEGAL RECEIVED 02/13/2024 LEGAL RECEIVED 02/13/2024 LEGAL RECEIVED 02/13/2024 LEGAL RECEIVED 02/13/2024 LEGAL RECEIVED 02/13/2024 LEGAL RECEIVED 02/13/2024

Top Shelf Contracting LLC 828 W Park Avenue Chandler, AZ 85225

ROC Complaint Response

Re: Complaint No. 2024-01187

Complainant: Desert Coatings

The product they used for this job has failed. The application was not to the specifications per the supplier. (See attached photos per email)

The overall workmanship of this project was not up to the standard that was promised. Please feel free to reach out to me should you need anything else or have any questions. I can be reached on my cell phone at 480.710.6578. Thank you for the attention in this matter.

Best Regards,

Adam Dalke Member Top Shelf Contracting LLC

February 13th, 2024 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-01187 Justin Pahtrick Allen, DBA: Desert Coatings, COMPLAINANT v. CITATION Top Shelf Contracting LLC, License No. ROC 339057, RESPONDENT

The Registrar issues this Citation to Top Shelf Contracting LLC (“Respondent”) under

A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by March 12, 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 January 29, 2024, Justin Pahtrick Allen DBA: Desert Coatings (“Complainant”) filed

a written complaint with the Registrar. A copy of that Complaint is attached to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

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

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

with violating:

Charge: 1 § 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

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 operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay, and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-01187. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than March 12, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are

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 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 February 26, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, February 26, 2024 to:

Respondent Certified Mail No: [number redacted]

Top Shelf Contracting LLC 828 W Park Ave. Chandler, AZ 85225

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy mailed by USPS First Class mail this same date to: Respondent Top Shelf Contracting LLC 828 W Park Ave. Chandler, AZ 85225 Complainant Justin Pahtrick Allen DBA: Desert Coatings 2836 W Buckeye Rd. Phoenix, AZ 85009

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. 2024-01187

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 Received 3/06/2024 ROC Legal

Top Shelf Contracting LLC 828 W Park Avenue Chandler, AZ 85225

ROC Complaint Response

Re: Complaint No. 2024-01187

Complainant: Desert Coatings

We would like to request an informal settlement conference for this complaint. Monies have not been paid out by the Foothills Golf Course in full due to poor workmanship and Desert Coatings not delivering the product they said they would. There is no signed written contract for this project.

I have filed for a building confidence request as well.

Best Regards,

Adam Dalke Member Top Shelf Contracting LLC

March 6th, 2024 Received 3/6/24, 2:19 PM State of Arizona Mail - Case No. 2024-01187 Response settlement conference request 3/06/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2024-01187 Response settlement conference request message

Adam Dalke <[email redacted]> Wed, Mar 6, 2024 at 1:59 PM To: [email redacted]

Hello,

Please see attached written response for a settlement conference request for this citation.

Thank you,

-- Adam Dalke

828 W Park Avenue | Chandler, AZ 85225 Mobile:480.710.6578 ROC#339057

ROC Complaint Response No. 2024-01187.pdf 112K

https://mail.google.com/mail/b/AEoRXRQO4sccWNnQqMPxChkVbKxDclZ9ZXRUgq3QnmLfGXIVpHVJ/u/0/?ik=581c53cf5c&view=pt&search=all&per… 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