2024A-02045-NPC-ROC Notice of Hearing & Packet MAILED 2024-02045.pdf

2024A-02045-NPC-ROC · Registrar of Contractors · 2024-09-13

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Canyon State Barricade Service LLC, Case No. 2024-02045

COMPLAINANT, Docket No. 2024A-02045-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Romero Investment LLC License No. ROC 330084,

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

HEARING INFORMATION The hearing is set for:

November 1, 2024 9:00 AM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

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

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on 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 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 September 13, 2024.

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

Copy mailed via USPS First Class mail September 13, 2024 to:

Respondent(s) Romero Investment LLC 41415 N Fairgreen Way Anthem, AZ 85086

Complainant(s) Canyon State Barricade Service LLC 3745 W Lupine Ave Maricopa, AZ 85029

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. 2024-02045 /

Hearing Packet FAQ What is the The Hearing Packet is a packet of certain documents collected or Hearing Packet? issued by the Registrar over the course of its investigation. Who gets the The Hearing Packet is assembled and distributed to all parties and Hearing Packet? to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing. What types of The Registrar prepares a Hearing Packet for Complainant-Handled cases does the Cases and No-Pay Cases. Note: If the Docket Number on the Registrar prepare a Notice of Hearing contains a “CHC” or “NPC”, your case is a Hearing Packet for? Complainant-Handled Case or a No-Pay Case. What is in the The Hearing Packet contains essential case-specific documents and Hearing Packet? at a minimum will include the following documents: ● Original complaint; ● 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 If there is any evidence you submitted to the Registrar that are not documents missing included in the Hearing Packet it is your responsibility to introduce from the Hearing that evidence at the administrative hearing. Note: The Packet? 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

How do I disclose You must properly disclose any and all documents and witnesses evidence I intend to you intend to use at your hearing according to the Registrar’s use at a Hearing? 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 If you previously submitted documents to the Registrar and need a documents I copy of these documents, please contact the Registrar’s Legal previously submitted Department or submit a public records request at to the Registrar? 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 21, 2024

Via U.S. Mail and Email

Complainant Canyon State Barricade Service LLC 3745 W Lupine Ave Maricopa, AZ 85029

Via U.S. Mail and Email

Respondent Romero Investment LLC 41415 N Fairgreen Way Anthem, AZ 85086

Re: Complaint No. 2024-02045

Dear Complainant and Respondent:

The Registrar received a complaint filed against Romero Investment 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 February 28, 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 February 28, 2024 and will review Respondent’s response, if one is submitted.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Sincerely,

/s/Madelyn Hayes Madelyn Hayes Legal Assistant II 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 CONTINUING AGREEMENT BETWEEN CONTRACTOR AND SUBCONTRACTOR

This continuing agreement between Contractor and Subcontractor is by and between Canyon State Barricade Service LLC and _____Romero Investments Contracting__________________________ , (Subcontractor) and is dated this ____7____day of ____________May______, 2023__.

Background Contractor is desirous of employing Subcontractor to perform work and provide material subject to general conditions which will apply to all work performed and material provided by the Subcontractor no matter when and where performed (individually and collectively the “Work”). These conditions are to be supplement to any conditions specified to any particular Work performed by the Subcontractor in consideration of the Work performed by the Subcontractor for Contractor, the payment to be made by Contractor to Subcontractor and of the other covenant and conditions set forth herein, THE PARTIES AGREE AS FOLLOWS:

Terms and Conditions 1. Work. Subcontractor agrees that all Work performed at the request of the Contractor shall be performed in a workmanlike manner, in accordance with applicable law, manufacturers’ recommendations, best general trade practices and in compliance with any and all plans and specifications provided by the Contractor.

2. Changes or Modifications. Contractor may make such modifications or changes in the above-referenced plans and specifications as desired by written instruction or drawings issued to the Subcontractor. The cost of any requested modifications or changes shall be estimated by the Subcontractor at the time ordered, and if accepted by the Contractor, Contractor shall authorize the modification or change.

3. Delays. Any work performed by the Subcontractor will be performed in an expeditious and efficient manner, subject, however, to conditions beyond the control of Subcontractor, including, but not limited to, strikes, lockouts, inclement weather, inability to timely secure the delivery of materials and supplies and unforeseen natural disasters.

4. Subcontractor’s Performance. Subcontractor shall furnish its best skill and judgment and cooperate with Contractor and all subcontractors in performing any Work. Subcontractor shall furnish efficient administration and supervision of any Work, shall use every effort to keep upon the job site at all times an adequate supply of workmen and materials and shall complete the construction of any work in the most expeditious and effective manner consistent with the interests of the Contractor.

5. Employment of Subcontractors and Laborers. Subcontractor shall employ, in the Subcontractor’s name as employer, all labor used in the performance of any Work and shall, in its name and not as agent for Contractor, make all purchases of materials, supplies or equipment and enter into all subcontracts for the performance of any Work to be performed by the Subcontractor. The Subcontractor is an independent contractor, and not an employee of the Contractor. The Subcontractor shall be solely responsible for all taxes and withholding normally paid by independent contractors.

6. Hold Harmless To the fullest extent permitted by law, Subcontractor shall indemnify, defend, and hold harmless the General Contractor from and against any and all loss or claim, liability, damages, demands, court actions or judgments, costs, attorney fees, or other expenses incidental thereto of every kind and nature whatsoever on account of or arising from any accident, injury or damages to persons or property resulting or allegedly resulting from the acts or omissions of the Subcontractor or by anyone directly or indirectly employed by him or anyone for whose acts he may be liable, regardless of whether it is caused in part by a party indemnified hereunder. This includes any and all work-related injuries for anyone directly or indirectly employed by the Subcontractor including any subcontractors they may have engaged and their employees, as well as any Subcontractor owner, partner, sole owner, sole proprietor, corporate officer or LLC member for which the Subcontractor’s Workers Compensation coverage may apply.

Furthermore, the Subcontractor agrees to hold harmless the General Contractor from and against any and all loss or claim, liability, damages, demands, court actions or judgments, costs, attorney fees, or other expenses incidental thereto of every kind and nature whatsoever on account of or arising from any accident, illness, or injury that may be deemed to be “work- related” but where the Subcontractor’s Workers Compensation Insurance may or may not apply due to circumstances beyond the General Contractors control including, but not limited to mid- term cancellation for any reason, failure to renew such coverage or various situations when coverage is found to be not in force or not applicable due to circumstances beyond the General Contractors control including, but not limited to, coverage disputes, or situations whereby any such Subcontractor owner, partner, sole proprietor, corporate officer or LLC member has elected to exempt his or herself by waiving coverage under the Subcontractors own existing Workers Compensation policy.

Additionally, the Subcontractor agrees to hold harmless the General Contractor from all property damage (including property lost or stolen) to any property owned by the Subcontractor, Subcontractor’s employees or anyone working on the Subcontractor’s behalf. General Contractor shall be held harmless by any contractor hired by the Subcontractor to perform work on the Subcontractor’s behalf in order for the Subcontractor to fulfill his or her obligations to the General Contractor. 7. Worker’s Compensation Insurance. The Subcontractor shall procure and maintain in effect Worker’s Compensation insurance on the Subcontractor’s employees as required by law and shall maintain a current certificate of insurance of such coverage with the Contractor before commencing any Work. See Subcontractor Agreement Insurance Addendum which is attached hereto and expressly made a part hereof.

8. Comprehensive Liability Insurance. The Subcontractor shall procure and maintain in effect a policy of comprehensive public liability insurance with an insurance company approved by Contractor insuring the Subcontractor and the Contractor against liability for injury or death to persons and damage to property arising from the performance of this contract in accordance with Subcontractor Agreement Insurance Addendum which is attached hereto and expressly made a part hereof. Coverage shall be maintained for a period of 2 years from the completion of the project.

9. Compliance with Statues. The Subcontractor shall comply with all laws, ordinances, rules and regulations bearing on the conduct of any Work and shall pay the expense thereof. Any required notices shall be given by the Subcontractor, and all necessary licenses and bonds required for the performance of this contract shall be secured and paid for by the Subcontractor.

10. Work Inspection. The Subcontractor shall permit and facilitate an inspection of any Work by Contractor of Subcontractor’s agents, and public authorities at all times.

11. Nonassignment. Subcontractor shall not assign or sublet this Contract as a whole without the prior written consent of the Contractor.

12. Binding Effect. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, assigns, personal representatives or other lawful successors in interest.

_Canyon State Barricade Service LLC__ _______________10X_____________________ GENERAL CONTRACTOR SUBCONTRACTOR

By: _________________________________ By: _________________________________

Larry Herrera- General Manager ________________________________ _________________________________ Printed Name Title Printed Name Title

SUB-CONTRACTOR AGREEMENT INSURANCE ADDENDUM 1. It is agreed that prior to the commencement of any work, the Subcontractor will purchase and maintain Insurance coverages as indicated below and will provide General Contractor and their representative with a valid Certificate of Insurance indicating these said coverages.

2. Certificate of Insurance must include a mandatory 30-day Cancellation clause. (deleting the "Endeavor to… " clause), and Certificate must also include General Contractor as a Primary and Non-Contributory Additional Insured with respects to the General Liability coverages. Coverage must be for ongoing and completed operations. (Sample Certificate is attached) Certificate must contain the wording that “The coverage provided herewith under the Sub-Contractors insurance policies is deemed to be Primary and Non-contributory. Any additional coverage carried by the General Contractor is deemed to be excess coverage.” 3. In no event shall the General Contractor’s failure to receive the required Certificates of Insurance prior to the commencement of any such work be construed as a waiver of these requirements.

4. The Sub-Contractor assumes responsibility for his sub-contractors and is bound by this agreement to require these same minimum insurance coverages from his sub-contractors.

5. Waiver of Subrogation in favor of General Contractor shall apply to Workers Compensation coverages, and must be so stated on the Certificate of Insurance.

Minimum Insurance Requirements: Umbrella Liability coverage may be used to bring your coverage limits up to our requirements. Workers Compensation & Employers Liability Limits of Liability: $500,000/ $500,000 / $500,000

Comprehensive General Liability Limits of Liability: $1,000,000 per Occurrence / $2,000,000 General Aggregate/ 1,000,000 Products Completed Operations Aggregate. Coverage shall include: Products & Completed Operations, Premises & Operations, Blanket Contractual & Broad Form CGL Endorsement

Business Automobile Liability Combined Single Limit Liability: $1,000,000. Coverage to include all Owned, Non-owned & Hired vehicles, Uninsured & Underinsured Motorists.

Canyon State Barricades Statement 28264 N 166th Ave Date AZ 85387 2/12/2024

To: Romero Investment LLC Elizabeth Romero

Amount Due Amount Enc. $4,762.11

Date Transaction Amount Balance

07/23/2023 INV #00003044. Due 07/30/2023. Orig. Amount $1,580.13. 4911 W Myrtle 1,580.13 1,580.13 07/30/2023 INV #00003045. Due 08/06/2023. Orig. Amount $1,428.09. 4911 W Myrtle 1,428.09 3,008.22 08/13/2023 INV #00003047. Due 08/20/2023. Orig. Amount $1,753.89. 4911 W Myrtle 1,753.89 4,762.11

1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS CURRENT Amount Due DUE DUE DUE PAST DUE

0.00 0.00 0.00 0.00 4,762.11 $4,762.11 Canyon State Barricade Service LLC 28264 N. 166th Ave E-INVOICE Surprise, AZ 85387 Invoice Date Invoice No. 602-795-8821 7/16/2023 00003043 Fax 623-975-8300 ROC #338321 Terms: COD

Romero Investment LLC Elizabeth Romero Job ID: 000646 ROC# 330084 4911 W Myrtle , AZ 51s Ave & Glendale Glendale, AZ

Customer Customer Job No. Customer P.O. No. Period Covered Foreman Name / Phone# ROMERO INV 7/10/2023 - 7/16/2023 Liz Romero 909-786-5666

Date Description From - To Qty Days Units Price Total --------------------- RENTALS ---------------------- 07/14/23 Shoulder Work Zone * 07/14 07/16 1 3 3 $125.00 $375.00

------- SALES / ONE-TIME CHARGES -------- 07/10/23 Traffic Control Plan- Design/Submittal * 3 3 $65.00 $195.00

------------------------ LABOR ----------------------- 07/10/23 1 Tech 1 Truck Labor * 2.5 2.5 $75.00 $187.50

07/14/23 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $375.00 SALES/ONE-TIME CHARGES $195.00 LABOR TOTAL $682.50 Please note; a 5% late payment fee per month will SUBTOTAL $1,252.50 automatically be applied to all amounts not paid on SALES TAX (8.6%) $107.72 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $1,360.22 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $1,360.22 collection and or legal fees.

We appreciate & Value your business!!

*** Job Not Complete ***

REPRINTED AZ UTRACS #19406 Page 1 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Canyon State Barricade Service LLC 28264 N. 166th Ave E-INVOICE Surprise, AZ 85387 Invoice Date Invoice No. 602-795-8821 7/23/2023 00003044 Fax 623-975-8300 ROC #338321 Terms: COD

Romero Investment LLC Elizabeth Romero Job ID: 000646 ROC# 330084 4911 W Myrtle , AZ 51s Ave & Glendale Glendale, AZ

Customer Customer Job No. Customer P.O. No. Period Covered Foreman Name / Phone# ROMERO INV 7/17/2023 - 7/23/2023 Liz Romero 909-786-5666

Date Description From - To Qty Days Units Price Total --------------------- RENTALS ---------------------- 07/17/23 Shoulder Work Zone * 07/17 07/23 1 7 7 $125.00 $875.00

------- SALES / ONE-TIME CHARGES -------- 07/19/23 Sand Bags * 20 20 $4.25 $85.00

------------------------ LABOR ----------------------- 07/19/23 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $875.00 SALES/ONE-TIME CHARGES $85.00 LABOR TOTAL $495.00 Please note; a 5% late payment fee per month will SUBTOTAL $1,455.00 automatically be applied to all amounts not paid on SALES TAX (8.6%) $125.13 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $1,580.13 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $1,580.13 collection and or legal fees.

We appreciate & Value your business!!

*** Job Not Complete ***

REPRINTED AZ UTRACS #19406 Page 1 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Canyon State Barricade Service LLC 28264 N. 166th Ave E-INVOICE Surprise, AZ 85387 Invoice Date Invoice No. 602-795-8821 7/30/2023 00003045 Fax 623-975-8300 ROC #338321 Terms: COD

Romero Investment LLC Elizabeth Romero Job ID: 000646 ROC# 330084 4911 W Myrtle , AZ 51s Ave & Glendale Glendale, AZ

Customer Customer Job No. Customer P.O. No. Period Covered Foreman Name / Phone# ROMERO INV 7/24/2023 - 7/30/2023 Liz Romero 909-786-5666

Date Description From - To Qty Days Units Price Total --------------------- RENTALS ---------------------- 07/24/23 Shoulder Work Zone * 07/24 07/30 1 7 7 $125.00 $875.00

------------------------ LABOR ----------------------- 07/26/23 2 Techs 1 Truck Labor * 4 4 $110.00 $440.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $875.00 SALES/ONE-TIME CHARGES $0.00 LABOR TOTAL $440.00 Please note; a 5% late payment fee per month will SUBTOTAL $1,315.00 automatically be applied to all amounts not paid on SALES TAX (8.6%) $113.09 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $1,428.09 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $1,428.09 collection and or legal fees.

We appreciate & Value your business!!

*** Job Not Complete ***

REPRINTED AZ UTRACS #19406 Page 1 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Canyon State Barricade Service LLC 28264 N. 166th Ave E-INVOICE Surprise, AZ 85387 Invoice Date Invoice No. 602-795-8821 8/6/2023 00003046 Fax 623-975-8300 ROC #338321 Terms: COD

Romero Investment LLC Elizabeth Romero Job ID: 000646 ROC# 330084 4911 W Myrtle , AZ 51s Ave & Glendale Glendale, AZ

Customer Customer Job No. Customer P.O. No. Period Covered Foreman Name / Phone# ROMERO INV 7/31/2023 - 8/6/2023 Liz Romero 909-786-5666

Date Description From - To Qty Days Units Price Total --------------------- RENTALS ---------------------- 07/31/23 Shoulder Work Zone * 07/31 08/06 1 7 7 $125.00 $875.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $875.00 SALES/ONE-TIME CHARGES $0.00 LABOR TOTAL $0.00 Please note; a 5% late payment fee per month will SUBTOTAL $875.00 automatically be applied to all amounts not paid on SALES TAX (8.6%) $75.25 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $950.25 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $950.25 collection and or legal fees.

We appreciate & Value your business!!

*** Job Not Complete ***

REPRINTED AZ UTRACS #19406 Page 1 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Canyon State Barricade Service LLC 28264 N. 166th Ave E-INVOICE Surprise, AZ 85387 Invoice Date Invoice No. 602-795-8821 8/13/2023 00003047 Fax 623-975-8300 ROC #338321 Terms: COD

Romero Investment LLC Elizabeth Romero Job ID: 000646 ROC# 330084 4911 W Myrtle , AZ 51s Ave & Glendale Glendale, AZ

Customer Customer Job No. Customer P.O. No. Period Covered Foreman Name / Phone# ROMERO INV 8/7/2023 - 8/11/2023 Liz Romero 909-786-5666

Date Description From - To Qty Days Units Price Total --------------------- RENTALS ---------------------- 08/07/23 Shoulder Work Zone * 08/07 08/11 1 5 5 $125.00 $625.00

------------------------ LABOR ----------------------- 08/07/23 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00 08/11/23 2 Techs 1 Truck Labor * 4.5 4.5 $110.00 $495.00

Note: The * indicates taxable items. EQUIPMENT RENTAL TOTAL $625.00 SALES/ONE-TIME CHARGES $0.00 LABOR TOTAL $990.00 Please note; a 5% late payment fee per month will SUBTOTAL $1,615.00 automatically be applied to all amounts not paid on SALES TAX (8.6%) $138.89 time. All invoice disputes must be brought to Canyon State Barricades attention within 30 days of date TOTAL CHARGES $1,753.89 of invoice for credits to be given. May be subject to PLEASE PAY THIS AMOUNT $1,753.89 collection and or legal fees.

We appreciate & Value your business!!

*** Job Complete ***

REPRINTED AZ UTRACS #19406 Page 1 SBE/DBE/ACDBE #20985037 Thank you for your business ! We appreciate & Value your business! Received 2/21/2024 ROC Legal

February 21, 2024

To: Arizona Registrar of Contractors Madelyn Hayes

Respondent: Romero Investment LLC 41415 N Fairgreen Way Anthem AZ 85086

Complaint #2024-02045

In reference to the complaint by Canyon State Barricades, we issued two checks one for $1360.22 and another for $950.25. We have not received any communication via mail or phone calls from them prior to receiving this complaint.

The agreement is not signed by Romero Investment and has a 10X, which we are not sure why that would be.

We asked Canyon state barricades to please pickup all of the signs on Monday August 7, 2023. We asked Canyon State Barricades to please adjust that invoice for payment, they have not for the overcharge on services until August 11, 2023.

It is unclear why on invoice 3055. 3045 and 3047 they added 2 techs truck and labor, when we never saw employees stand or show up for anything other than setting up some signs and sand bags which was already charged on the initial invoice 3043 for the period 7/10/23-7/16/23. We understand that there is a set up charge but the trucks and guys never returned. What does the 4.5 units for the 2 techs and 1 Truck labor represent? 4.5 hours? This was definitely not the case. Please see attached images of the street and how signs were set up, this cannot take up 4.5 hours each week. Billing is very confusing and we believe they try to take advantage and gauge their pricing with the techs and labor that were never there, furthermore around that time there was a storm and we were the ones to pickup and re- adjust the signs.

Please see attached payments, pictures of the setup and also a text message to the company to pickup the signs.

Payment will be issued on/if any balance is owed immediately after adjusting the invoices and following the decision from the Arizona Registrar of Contractors.

Thank you for your time and assistance in this matter.

Regards,

Elizabeth Romero Romero Investment LLC 909-786-5666 Received 2/21/2024 ROC Legal Received 2/21/2024 ROC Legal Received 2/21/2024 ROC Legal Received 2/21/2024 ROC Legal Received 2/21/2024 ROC Legal Received 2/21/2024 ROC Legal Received 2/22/24, 8:56 AM State of Arizona Mail - No Pay Notice 2024-02045 2/21/2024 ROC Legal

Legal New Mail - AZROC <[email redacted]>

No Pay Notice 2024-02045 Liz Romero <[email redacted]> Wed, Feb 21, 2024 at 3:12 PM To: Legal New Mail - AZROC <[email redacted]>

Hello, good afternoon!

Please see attached response, let me know if you have any questions. Please confirm receipt of my response to the complaint.

Thank you and have a good evening.

Liz Romero Romero Investment LLC 909-786-5666

[Quoted text hidden] [Quoted text hidden] <20240221 Notice of No-Pay Complaint MAILED 2024-02045.pdf>

Reply Canyon State Barricades-complaint.pdf 1178K

https://mail.google.com/mail/b/AEoRXRT7fRbHWcU_Gu12qgpyPzB62I3EhWr744H8i4IlMCAZVSrQ/u/0/?ik=d3afebeda9&view=pt&search=all&permm… 1/1 2/26/24, 3:18 PM State of Arizona Mail - No Pay Notice 2024-02045

Legal New Mail - AZROC <[email redacted]>

No Pay Notice 2024-02045 messages

Legal New Mail - AZROC <[email redacted]> Wed, Feb 21, 2024 at 1:00 PM Bcc: [email redacted], [email redacted]

Hello,

Attached please find an electronic courtesy copy of the letter 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!

20240221 Notice of No-Pay Complaint MAILED 2024-02045.pdf 533K

Liz Romero <[email redacted]> Wed, Feb 21, 2024 at 3:12 PM To: Legal New Mail - AZROC <[email redacted]>

Hello, good afternoon!

Please see attached response, let me know if you have any questions. Please confirm receipt of my response to the complaint.

Thank you and have a good evening.

Liz Romero Romero Investment LLC 909-786-5666

[Quoted text hidden] [Quoted text hidden] <20240221 Notice of No-Pay Complaint MAILED 2024-02045.pdf>

Reply Canyon State Barricades-complaint.pdf 1178K

Liz Romero <[email redacted]> Mon, Feb 26, 2024 at 12:56 PM https://mail.google.com/mail/b/AEoRXRQ_qRDDZtVvxHNnRJg8-yjG_GYyLufSOIj7RZxEVydeqoIu/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 1/2 2/26/24, 3:18 PM State of Arizona Mail - No Pay Notice 2024-02045 To: Legal New Mail - AZROC <[email redacted]>

Hello,

Good afternoon did you receive my reply or should I send a hard copy?

Thank you!

Elizabeth Romero Romero Investment LLC 909-786-5666

On Feb 21, 2024, at 3:13 PM, Liz Romero <[email redacted]> wrote:

[Quoted text hidden] <Reply Canyon State Barricades-complaint.pdf>

Legal New Mail - AZROC <[email redacted]> Mon, Feb 26, 2024 at 2:38 PM To: Liz Romero <[email redacted]>

Yes, we received it. Please provide your Answer in writing and email to: [email redacted] response due by March 11, 2024. Thank you ROC Legal Department

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/AEoRXRQ_qRDDZtVvxHNnRJg8-yjG_GYyLufSOIj7RZxEVydeqoIu/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 2/2 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-02045 Canyon State Barricade Service LLC,

COMPLAINANT, v. CITATION Romero Investment LLC License No. ROC 330084,

RESPONDENT.

The Registrar issues this Citation to Romero Investment LLC (“Respondent”) under

A.R.S. § 32-1155(A). If Respondent fails to answer thisCitation by March 11, 2024, then

under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the

act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke

Respondent’s license(s).

THE WRITTEN COMPLAINT

On February 20, 2024, Canyon State Barricade Service LLC (“Complainant”) filed a

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

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not 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 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. 2024-02045. 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.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than March 11, 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 Registrar’s settlement conference representative in the final administrative decision. A.R.S.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 § 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 February 26, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, February 26, 2024 to:

Respondent Certified Mail No: [number redacted]

Romero Investment LLC 41415 N Fairgreen Way Anthem, AZ 85086 Complainant Canyon State Barricade Service LLC 3745 W Lupine Ave Maricopa, AZ 85029 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. 2024-02045 / MTH

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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) Larry Herrera Street Address City State Zip Code 28264 N. 166th Ave Surprise Arizona 85387 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) Romero Investment LLC ROC 330084 Street Address City State Zip Code 41415 N Fairgreen Way Anthem AZ 85086 Phone Number Email Address

Name of Person(s) Representing License Liz Romero Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $4,762.11 August 13, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. 07/23/2023 INV #00003044. Due 07/30/2023. Orig. Amount $1,580.13. 4911 W Myrtle 1,580.13 1,580.13 07/30/2023 INV #00003045. Due 08/06/2023. Orig. Amount $1,428.09. 4911 W Myrtle 1,428.09 3,008.22 08/13/2023 INV #00003047. Due 08/20/2023. Orig. Amount $1,753.89. 4911 W Myrtle 1,753.89 4,762.11

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 Larry Herrera 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 Larry Herrera CONTINUING AGREEMENT BETWEEN CONTRACTOR AND SUBCONTRACTOR

10. Work Inspection. The Subcontractor shall permit and facilitate an inspection of any Work by Contractor of Subcontractor’s agents, and public authorities at all times.

11. Nonassignment. Subcontractor shall not assign or sublet this Contract as a whole without the prior written consent of the Contractor.

_Canyon State Barricade Service LLC__ _______________10X_____________________ GENERAL CONTRACTOR SUBCONTRACTOR

By: _________________________________ By: _________________________________

________________________________ Larry Herrera- General Manager _________________________________ Printed Name Title Printed Name Title

4. The Sub-Contractor assumes responsibility for his sub-contractors and is bound by this agreement to require these same minimum insurance coverages from his sub-contractors.

5. Waiver of Subrogation in favor of General Contractor shall apply to Workers Compensation coverages, and must be so stated on the Certificate of Insurance.

Business Automobile Liability Combined Single Limit Liability: $1,000,000. Coverage to include all Owned, Non-owned & Hired vehicles, Uninsured & Underinsured Motorists.

CONTINUING AGREEMENT BETWEEN CONTRACTOR AND SUBCONTRACTOR