2024A-03130-NPC-ROC Notice of Hearing & Packet MAILED 2024-03130.pdf

2024A-03130-NPC-ROC · Registrar of Contractors · 2024-05-21

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Strong Roofing LLC , Case No. 2024-03130

COMPLAINANT, Docket No. 2024A-03130-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Nanke Signature Group LLC License No. ROC 301998,

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

HEARING INFORMATION The hearing is set for:

June 28, 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 April 11, 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 May 21, 2024.

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

Copy mailed via USPS First Class mail May 21, 2024 to:

Respondent(s) Nanke Signature Group LLC P.O. Box 10158 Prescott, AZ 86304 Respondent's Attorney André E. Carman, Esq. 246 S. Cortez St. Prescott, AZ 86303 Complainant(s) Strong Roofing LLC 5532 E. Kelton Lane Scottsdale, AZ 85254

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2024-03130 /

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

March 18, 2024

Via U.S. Mail and Email

Complainant Strong Roofing LLC 5532 E. Kelton Lane Scottsdale, AZ 85254

Respondent Nanke Signature Group LLC P.O. Box 10158 Prescott, AZ 86304

Re: Complaint No. 2024-03130

Dear Complainant and Respondent:

The Registrar received a complaint filed against Nanke Signature Group 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 March 25, 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 March 25, 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.

Sincerely,

/s/Meridith Bell Meridith Bell Legal Assistant II Legal Department 1700 W. Washington St.

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

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

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Marcus Freiberger Street Address City State Zip Code 5532 E Kelton Ln Scottsdale Arizona 85254 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) Nanke Signature Group LLC ROC 301998 Street Address City State Zip Code P.O. Box 10158 Prescott AZ 86304 Phone Number Email Address

Name of Person(s) Representing License John Nanke Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $26,755.73 September 26, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. Invoice 1317 Balance Owed $8,879.65. Entire balance owed. Client claims faulty work and unresponsiveness were the fault. We went to the job sight on many occasions to fix leaks. We installed our underlayment and it sat on the roof without siding or stucco causing water to leak. Around October I was informed that they hired another company to come fix everything. They claim Northline Roofing had to replace all the material we installed. The installer for Northline, a friend of mine as I used to work for Northline which is where some of this conflict is originating stated, they had to replace a couple squares because it was designated for a different textile on the roof. He complained that they keep calling him also for leaks and they still don't have the walls on. I was never given notice of any right to correct before they hired another company. I also have seen no evidence of them ordering more material for this job not from Nanke or Northline. I have tried to work this out with them and they are trying to muscle me around. I will upload;oad pictures, estimates, invoices for current work completed.; Invoice 1304 Balance Owed $17,876.08. Please refer to above explanation, both jobs were simultaneous. I will upload documents and pictures. 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 Marcus Freiberger 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 Marcus Freiberger E S T I M A T E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Signature Group WANG / KANG Estimate # 1552 Job #1036 - 11925 Wild Bunch Way - Jones 11925 W Wild Bunch Way Date 9/14/2023 Prescott, AZ 86305

Item Description Unit of Qty Measure

Item

FT Platinum P&S Underlayment Roll 6.00

FT Platinum Nail Down Roll 32.00

Plastic Cap Nails Used for underlayment installation. Box 2.00

Karnak Roofing Cement Items 1.00

x 2 Brown Drip Edge Items 65.00

Labor Items 1.00

50% of Balance Due on Commitment; Remaining Balance upon completion. Sub Total $8,879.65

Total $8,879.65

S P E C I A L I N S T R U C T I O N S

Document ID: 64DBBFC8-1B97-43BE-AA9A-6C318AB43AA4 Page 1 of 1 I N V O I C E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Signature Group WANG / KANG Invoice # 1317 Job #1036 - 11925 Wild Bunch Way - Jones 11925 W Wild Bunch Way Date 11/20/2023 Prescott, AZ 86305 Amount Due $8,879.65

Due Date Due on Receipt

Item Description Qty Price Amount

Item $8,879.65

FT Platinum P&S Underlayment 6.00 $110.00 $660.00

FT Platinum Nail Down 32.00 $152.95 $4,894.40

Plastic Cap Nails Used for underlayment installation. 2.00 $30.00 $60.00

Karnak Roofing Cement 1.00 $41.50 $41.50

x 2 Brown Drip Edge 65.00 $7.75 $503.75

Labor 1.00 $2,720.00 $2,720.00

Sub Total $8,879.65

Total $8,879.65

Amount Paid $0.00

Balance Due $8,879.65 *Card payment may incur a convenience fee which is calculated at checkout.

S P E C I A L I N S T R U C T I O N S E S T I M A T E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Signature Group WANG / KANG Estimate # 1552 Job #1036 - 11925 Wild Bunch Way - Jones 11925 W Wild Bunch Way Date 9/14/2023 Prescott, AZ 86305

Item Description Unit of Qty Measure

Item

FT Platinum P&S Underlayment Roll 6.00

FT Platinum Nail Down Roll 32.00

Plastic Cap Nails Used for underlayment installation. Box 2.00

Karnak Roofing Cement Items 1.00

x 2 Brown Drip Edge Items 65.00

Labor Items 1.00

50% of Balance Due on Commitment; Remaining Balance upon completion. Sub Total $8,879.65

Total $8,879.65

S P E C I A L I N S T R U C T I O N S

Document ID: 64DBBFC8-1B97-43BE-AA9A-6C318AB43AA4 Page 1 of 1 I N V O I C E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Signature Group WANG / KANG Invoice # 1317 Job #1036 - 11925 Wild Bunch Way - Jones 11925 W Wild Bunch Way Date 11/20/2023 Prescott, AZ 86305 Amount Due $8,879.65

Due Date Due on Receipt

Item Description Qty Price Amount

Item $8,879.65

FT Platinum P&S Underlayment 6.00 $110.00 $660.00

FT Platinum Nail Down 32.00 $152.95 $4,894.40

Plastic Cap Nails Used for underlayment installation. 2.00 $30.00 $60.00

Karnak Roofing Cement 1.00 $41.50 $41.50

x 2 Brown Drip Edge 65.00 $7.75 $503.75

Labor 1.00 $2,720.00 $2,720.00

Sub Total $8,879.65

Total $8,879.65

Amount Paid $0.00

Balance Due $8,879.65 *Card payment may incur a convenience fee which is calculated at checkout.

S P E C I A L I N S T R U C T I O N S E S T I M A T E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Builders Signature Group Estimate # 1488 Job #1033 - 12580 West Cooper Morgan 12580 W Cooper Morgan Trail Date 9/7/2023 Prescott, AZ 86305

Item Description Unit of Qty Measure

CertainTeed Landmark Cinder Black Class 4 Asphalt Architectural Grade Shingles Items 64.00

CertainTeed Shadowridge BDLE 19.00

Bunger Standing Seam Metal SQ 9.00

FT Platinum P&S Underlayment Peel and Stick Underlayment Roll 11.00

FT Platinum Nail Down Roll 69.00

SA Base Peel & Stick Base Roll 6.00

x 2 Brown Drip Edge Items 50.00

2" x 4" Brown Drip Edge Items 10.00

Karnak Roofing Cement Items 2.00

Plastic Cap Nails Used for underlayment installation. Box 3.00

3" x 5" Metal Flashing Items 10.00

Through The Roof Silicone Items 4.00

Labor Items 1.00

50% of Balance Due on Commitment; Remaining Balance upon completion. Sub Total $41,776.53

When Paying by Cash or Check

Total $41,776.53

When Paying by Credit/Debit Card

Convenience Fee $1,337.14

Balance Due* $43,113.67 *Credit/Debit card payments include a convenience fee of 3.2%+29¢ per transaction.

Document ID: FB8D10B0-FDCA-4E9E-BF58-AEBF22E4CC31 Page 1 of 2 S P E C I A L I N S T R U C T I O N S

Document ID: FB8D10B0-FDCA-4E9E-BF58-AEBF22E4CC31 Page 2 of 2 I N V O I C E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Signature Group WANG / KANG Invoice # 1304 Job #1033 - 12580 West Cooper Morgan 12580 W Cooper Morgan Trail Date 9/26/2023 Prescott, AZ 86305 Amount Due $17,876.08

Due Date Due on Receipt

Item Description Qty Price Amount

FT Platinum P&S Underlayment Peel and Stick Underlayment 11.00 $120.75 $1,328.25

FT Platinum Nail Down 69.00 $120.75 $8,331.75

SA Base Peel & Stick Base 6.00 $118.94 $713.64

SA Cap Sheet Rolled Roofing SA Capsheet Rolled Roofing Peel and Stick 10.00 $114.47 $1,144.70

x 2 Brown Drip Edge 50.00 $8.14 $407.00

2" x 4" Brown Drip Edge 10.00 $12.60 $126.00

Karnak Roofing Cement 2.00 $46.20 $92.40

Plastic Cap Nails Used for underlayment installation. 3.00 $56.18 $168.54

3" x 5" Metal Flashing 10.00 $10.50 $105.00

Through The Roof Silicone 4.00 $14.70 $58.80

Labor 1.00 $5,400.00 $5,400.00

Sub Total $17,876.08

Total $17,876.08

Amount Paid $0.00

Balance Due $17,876.08 *Card payment may incur a convenience fee which is calculated at checkout.

S P E C I A L I N S T R U C T I O N S E S T I M A T E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Builders Signature Group Estimate # 1488 Job #1033 - 12580 West Cooper Morgan 12580 W Cooper Morgan Trail Date 9/7/2023 Prescott, AZ 86305

Item Description Unit of Qty Measure

CertainTeed Landmark Cinder Black Class 4 Asphalt Architectural Grade Shingles Items 64.00

CertainTeed Shadowridge BDLE 19.00

Bunger Standing Seam Metal SQ 9.00

FT Platinum P&S Underlayment Peel and Stick Underlayment Roll 11.00

FT Platinum Nail Down Roll 69.00

SA Base Peel & Stick Base Roll 6.00

x 2 Brown Drip Edge Items 50.00

2" x 4" Brown Drip Edge Items 10.00

Karnak Roofing Cement Items 2.00

Plastic Cap Nails Used for underlayment installation. Box 3.00

3" x 5" Metal Flashing Items 10.00

Through The Roof Silicone Items 4.00

Labor Items 1.00

50% of Balance Due on Commitment; Remaining Balance upon completion. Sub Total $41,776.53

When Paying by Cash or Check

Total $41,776.53

When Paying by Credit/Debit Card

Convenience Fee $1,337.14

Balance Due* $43,113.67 *Credit/Debit card payments include a convenience fee of 3.2%+29¢ per transaction.

Document ID: FB8D10B0-FDCA-4E9E-BF58-AEBF22E4CC31 Page 1 of 2 S P E C I A L I N S T R U C T I O N S

Document ID: FB8D10B0-FDCA-4E9E-BF58-AEBF22E4CC31 Page 2 of 2 I N V O I C E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Signature Group WANG / KANG Invoice # 1304 Job #1033 - 12580 West Cooper Morgan 12580 W Cooper Morgan Trail Date 9/26/2023 Prescott, AZ 86305 Amount Due $17,876.08

Due Date Due on Receipt

Item Description Qty Price Amount

FT Platinum P&S Underlayment Peel and Stick Underlayment 11.00 $120.75 $1,328.25

FT Platinum Nail Down 69.00 $120.75 $8,331.75

SA Base Peel & Stick Base 6.00 $118.94 $713.64

SA Cap Sheet Rolled Roofing SA Capsheet Rolled Roofing Peel and Stick 10.00 $114.47 $1,144.70

x 2 Brown Drip Edge 50.00 $8.14 $407.00

2" x 4" Brown Drip Edge 10.00 $12.60 $126.00

Karnak Roofing Cement 2.00 $46.20 $92.40

Plastic Cap Nails Used for underlayment installation. 3.00 $56.18 $168.54

3" x 5" Metal Flashing 10.00 $10.50 $105.00

Through The Roof Silicone 4.00 $14.70 $58.80

Labor 1.00 $5,400.00 $5,400.00

Sub Total $17,876.08

Total $17,876.08

Amount Paid $0.00

Balance Due $17,876.08 *Card payment may incur a convenience fee which is calculated at checkout.

S P E C I A L I N S T R U C T I O N S LEGAL RECEIVED 03/25/2024

March 24, 2024

Meridith Bell Legal Assistant II Legal Department 1700 W. Washington St. Ste. 105 Phoenix, AZ 85007

RE: Complaint No 2024-03130

Dear Ms. Bell,

Unfortunately, Marcus with Strong Roofing severely misrepresents his interaction with Nanke Signature Group (“Nanke”) and the degree to which his work failed to meet even the lowest standard of quality in craftsmanship. In addition to the poor quality that required Nanke to have another contractor replace in its entirety, his entire interaction with Nanke was wrought with unprofessional behavior and a complete failure to communicate. To support his misrepresentations, he provided the ROC with messages that he cherry-picked without providing any context or accurate portrayal of the true nature of such messages. Attached to this response, you will find a complete copy of the messages between Nanke’s Project Manager (“PM”) and Marcus.

As the attached messages show, Nanke contacted Marcus on June 19 and June 21, 2023, requesting proposals on two new projects. Marcus did not respond until three days later, on June 22, 2023, when he requested drawings. Nanke immediately provided him with these drawings. On June 24, 2023, Marcus informed the PM that he was “nearly finished with the roofing proposals” and asked if he could borrow equipment. Thereafter, Nanke’s PM attempted to call Marcus numerous times between the 24 th and the 27th to follow up on his requests and to obtain the proposals. Marcus does not respond until June 27th informing the PM that he would call him back.

Nanke does not hear from Marcus for more than two weeks when Nanke’s PM attempts to call Marcus on July 15, 2023. Marcus again responds to the PM’s call with a message indicating he would call back. In response to this message, the PM asks Marcus whether he is working on one of the Nanke projects because he has yet to receive a proposal. Marcus responds that he is out of town in Atlanta and “…was not ready for the Guys to start.” On July 17, 2023, the PM contacts Marcus once again expressing the urgency of an update and a proposal. Marcus then informs the PM that he is in Tennessee, apologizes for failing to call back to update him and blames the situation on a staffing issue. On July 20, 2023, the PM again reminds Marcus of the urgency of the projects and the need for Marcus to respond with a proposal.

On July 21, 2023, Marcus sends two text messages to the PM. The first message is in response to the two new projects that have been outstanding for over a month at this point, LEGAL RECEIVED 03/25/2024

informing the PM that he intends to begin and would provide the proposals he still has not sent. The second message was clearly about a “previous dry in” for a different project Strong Roofing completed wherein Marcus requests payment. Clearly in response to this second message, the PM responds to Marcus that he should send the bill and that the bill for that previous project would be remitted (although Nanke had concerns about the quality of Strong Roofing’s work on this earlier project and Nanke continued to use Strong Roofing only after a plea from Marcus that he be given another opportunity to perform).

By July 25, 2023, the messages show that Marcus has neither provided any proposals for the two additional projects or showed up to the job sites. On July 26, 2023, without having yet sent any proposals, Strong Roofing shows up at the project sites and begins installing underlayment. In response, the PM contacted Marcus by phone informing him that he is uncomfortable with Strong Roofing beginning the project without any written proposals or agreements. Marcus stalls again by apologizing and informing the PM that he forgot and would send a proposal. Thereafter, Strong Roofing continues to perform work on the two additional projects without properly communicating with the PM.

On July 31, 2023, still with no proposal or contract in hand or signed, and with the projects having been begun by Strong Roofing despite the concerns expressed to Marcus, the PM informs Marcus that Strong Roofing did not properly install the underlayment and that the roof is leaking in multiple areas at one of the new projects. Marcus responds that he would address the issue immediately the next day. By August 2, 2023, Strong Roofing had failed to appear at the project where the roof was poorly installed and leaking. Seven days later, on August 9, 2023, Marcus finally responds telling the PM that he would send two invoices for both projects, even though he still has not sent any proposals and the work performed by Strong Roofing at this point was done without proper communication or authorization, has caused leaks, and Marcus had made no attempt to address or resolve any of the issues communicated to him by the PM.

On August 14, 2023, the PM calls Marcus about the leaks and the missing proposals again. Marcus finally responds with a request for pictures showing the leak, which were immediately sent to him. He thereafter requests selections for the two projects, presumably for the proposals, which the PM sends to Marcus for the third time. On August 17, 2023, Marcus reaches out saying he has not forgotten about the two new projects and that he has not been paid for the older project. The PM informs Marcus that he is still awaiting an invoice for the previous project, at which point Marcus sends it. Nanke paid Strong Roofing in full on that invoice despite its poor craftsmanship.

The PM calls Marcus for five days between August 23 rd and August 28th, at which point the PM sends Marcus a message informing him that “another week has passed and we still do not have proposals for any project. At this point, I think we’re going to have to pass and move forward with another roofing company. We need to be doing business with companies that have strong communication and do good work.” Marcus immediately responds to that message apologizing and requesting more time to discuss acknowledging LEGAL RECEIVED 03/25/2024

that Nanke has “…no reason to have any confidence in me and my company” and that his “…big delay was making sure I had these estimates correct. I went to go learn how to read plans, and ensure that I was accurate.” Marcus goes on to request reconsideration asking whether Nanke would hire him if he provided the proposals by the end of the following day. Nanke’s PM called Marcus in response to his message and gave him one last opportunity to provide the proposals as he promised by the end of the next day.

By September 4, 2023, seven days later, after not having heard back from Marcus or received any proposals as promised, Nanke’s PM informed Marcus that the business relationship with Strong Roofing is terminated and the roofs installed were all leaking. Four days after that message, Marcus shows up at the two projects to finish installing underlayment despite having been terminated. Upon discovering Strong Roofing’s presence on the two projects, the PM called Marcus and reminded him that he was terminated.

Nanke thereafter proceeded to contract with Northline Roofing. In contrast to Strong Roofing, Nanke contacted Northline Roofing on September 8, 2023, and had a proposal by September 12th and 13th 2023. Northline’s proposal shows what they verbally informed Nanke, that Strong Roofing used the wrong underlayment for standing seam metal and concrete tile roofing shingles and that the quality of craftsmanship was so poor that all the work performed by Strong Roofing would have to be removed. Any work performed by Strong Roofing has since been removed, replaced and completed by Northline Roofing.

Sincerely,

Nanke Signature Group LEGAL RECEIVED 03/25/2024

1. Marcus was first 1. contacted June 19th 2023 and failed to respond after multiple attempts.

2. June 22nd 2023 2. Marcus finally makes contact. Requesting Blueprints for the Jones Residence.

3. Blueprints for 3. the Jones Residence as well as the Johnson Residence were emailed the same day June 22nd. LEGAL RECEIVED 03/25/2024

4. 4. June 24th 2023 Marcus reaches out to inform us he is nearly finished with the roofing proposals for Nanke.

5. 5. Three Days later and Strong Roofing has failed to return Nankes calls. He sent a text saying that he is in a meeting and will call back but never followed through. 6.

6. Nanke Reaches out to Marcus with Strong Roofing to see if he is already on site at the Johnson Project. 21 days pass since Nanke was told proposals were almost complete. At this time there is still no proposal or signed agreement between Nanke and Strong Roofing. LEGAL RECEIVED 03/25/2024

,Ill�,

< OJ Marcus

Sat, Jul 15 at 12:09 PM

7. Sent as Text Message

7. Marcus then informs Hi Clint, I am landing in ATL right now Nanke that he is currently on vacation, and was not on a last minute trip. I was not ready prepared to start the for the Guys to start. That's on me. I Johnson Project. will be in touch with you on a follow up.

Mon, Jul 17 at 2:30 PM

Can I call you later?

Yes please do

I need to be updated 8. At this point Nanke 8. tries to call Marcus with Strong Roofing only to be Yes. I am in Tennessee with family. My ignored again. Marcus apology for kit calling you with an then responds via text update Sunday. We had a staffing asking to if he can call issue Sunday when we weee going to back later. Nanke confirms, but Informed start. We are shooting for Saturday Marcus that Nanke needs start. to be updated. Nanke however, does not receive Thu, Jul 20 at 7:34 AM a call back or update. 9. We really need to get this roof dried in. 9. 3 days later Nanke calls and follows up with a Fri, Jul 21 at 1:13 PM text to Strong Roofing that they (Nanke) is It avoiding. With client needing to move forward. A proposal still has not been provided. + LEGAL RECEIVED 03/25/2024

10. Marcus tells Nanke via 10. phone that he has finished the proposals and will send them. Nanke does not receive any proposals. Strong Roofing also fails to show up for a walk through for the Talking Rock Projects.

11.

11. The check referenced here is not for either the Jones or Johnson project but for a older project (Wang/Kang) which he has been paid in full. Even though he never installed shingles for said project.

12. 4 days later Strong Roofing fails to arrive to either of the project sites. Marcus does not call to let us 12. know ahead of time. Nanke hasn't received any proposals at this time. LEGAL RECEIVED 03/25/2024

Continued 12.

12. Marcus responds letting Nanke know he has sent an invoice for the Wang/Kang project.

13. 13. July 26 2023, Strong Roofing arrives on site to both the Johnson and Jones projects without informing Nanke and begins installing underlayment. Clint with Nanke asks Via phone for a proposal stating he was uncomfortable with him starting work without one. Marcus with Strong Roofing responds saying he will send one and is sorry he forgot, he has been busy. LEGAL RECEIVED 03/25/2024

14.

14. July 31 2024, Nanke informs Strong Roofing that the Johnson Residence has a leak and asks to get it fixed. Strong roofing informs Nanke that they will have it fixed the next day (August 1st).

15. August 2nd 2023 the Johnson 15. Residence is still Leaking. Nanke reaches out to inquire about the Jones Residence. Marcus fails to respond and is not on any Nanke projects.

16.

16. Marcus states he will be sending invoices for the Jones and Johnson Projects, He fails to do so. He also requests payment for the Wang/Kang Project after having no communication since the end of July. LEGAL RECEIVED 03/25/2024

,Ill� I

< ' [)J Marcus

Wed, Aug 9 at 8:36 AM

Good morning Clint!! I am going to send you the two in.voices for talking rock. Let me know the next steps. Also, when you are ready to shingle Oak Ridge.

Still haven't been paid for Oak Ridge Dry In 17. NE PANELING uJ 17. Exterior selections for the £'(80UR80N rs· PENNY GAP Johnson Project have been resent. Nanke has yet to receive proposals for the Johnson and Jones Projects. The z underlayments for both Projects are leaking and have not been z CJ)

I addressed by Strong Roofing 0 since first request on July 31st. z4

METAL ROOF: E BUNGER STEEL RAISED SEAM SHINGLE: CHARCOAL lSR'.32 CERTAINTEED LANDMARK SERIES ASPHALT SHINGLES CINOER BLACK

BOARD FORMED CONCRETE

Johnson project selections

Thu, Aug 10 at 9:57 AM

+ • LEGAL RECEIVED 03/25/2024

18. Marcus is contacted again about the leaks and the missing proposals. He requests over the phone for 18. photos of the leaking areas as well as flashing that was forgotten. LEGAL RECEIVED 03/25/2024

19.

19. Marcus asks for exterior selections again. Nanke still hasn't received proposals or contracts for the Talking Rock Projects. Marcus is not taking any calls from Nanke at this time. LEGAL RECEIVED 03/25/2024

20. 20. Strong Roofing ingored Nankes calls for 3 days. and finally responds with a text.

21.

Marcus finally resends the old Wang/kang project but not one for Johnson or Jones.

22. 22. After 5 days of calling Marcus and being ignored he sends a text saying he will call 23. in the morning.

23. Nanke sends a text informing Marcus that they would like to part ways. LEGAL RECEIVED 03/25/2024

24.

24. Marcus responds to Nanke asking for a second chance saying he will send over the proposals at the end of the day. Contractor admits to not knowing how to read plans, stating that is why he never got the bids sent. LEGAL RECEIVED 03/25/2024

25.

25. Strong roofing fails to send the bids and Nanke Sends a final termination of their business relationship.

26. 26. Strong Roofing still hasn't sent any proposals and were informed not to be on site anymore. All work preformed by Strong roofing was wrong. A new Roofing company was contacted and fixed they issues created by Strong Roofing in a timely manner with excellent craftsmanship. LEGAL RECEIVED 03/25/2024

Please note attached proposals are from the Roofing company contacted to fix Strong Roofings mistakes.

Nanke Received proposal within days of requesting. LEGAL RECEIVED 03/25/2024 3/25/24, 2:36 PM State of Arizona Mail - RE: Complaint No 2024-03130 LEGAL RECEIVED 03/25/2024

Legal New Mail - AZROC <[email redacted]>

RE: Complaint No 2024-03130 message

Clint Lamanen <[email redacted]> Mon, Mar 25, 2024 at 7:29 AM To: [email redacted]

Good morning Ms Bell,

I hope that you’re well. Please see attached response letter and full text message thread between Nanke Signature Group and Strong Roofing below. Please let me know if you have any questions, comments or concerns.

Warm regards,

Clint

attachments Nanke ROC Letter.pdf 36K Context & Full message thread Strong Roofing.PDF 4103K

https://mail.google.com/mail/b/AEoRXRRvycewPq4LaYvNFGvITAWtXVAfAyCc5GgyPX8J5vbVLD0w/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

STRONG ROOFING LLC, Case No. 2024-03130 COMPLAINANT v. Nanke Signature Group LLC, CITATION License No. ROC 301998, RESPONDENT

The Registrar issues this Citation to Nanke Signature Group LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by April 26, 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 March 15, 2024, Strong Roofing, 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 The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge: 1 A.R.S. § 32-1154 (A)(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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 the 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. 2024-03130. 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 April 26, 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

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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 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 inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B).

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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 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 April 11, 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, April 11, 2024 to: Respondent Certified Mail No: [number redacted] Nanke Signature Group LLC P.O. Box 10158 Prescott, AZ 86304

Copy mailed by USPS First Class mail this same date to:

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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 Nanke Signature Group LLC P.O. Box 10158 Prescott, AZ 86304 Complainant Strong Roofing LLC 5532 E. Kelton Lane Scottsdale, AZ 85254 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. 2024-03130

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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

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Signature Group WANG / KANG Estimate # 1552 Job #1036 - 11925 Wild Bunch Way - Jones 11925 W Wild Bunch Way Date 9/14/2023 Prescott, AZ 86305

Item Description Unit of Qty Measure

Item

FT Platinum P&S Underlayment Roll 6.00

FT Platinum Nail Down Roll 32.00

Plastic Cap Nails Used for underlayment installation. Box 2.00

Karnak Roofing Cement Items 1.00

x 2 Brown Drip Edge Items 65.00

Labor Items 1.00

50% of Balance Due on Commitment; Remaining Balance upon completion. Sub Total $8,879.65

Total $8,879.65

S P E C I A L I N S T R U C T I O N S

Document ID: 64DBBFC8-1B97-43BE-AA9A-6C318AB43AA4 Page 1 of 1 I N V O I C E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Signature Group WANG / KANG Invoice # 1317 Job #1036 - 11925 Wild Bunch Way - Jones 11925 W Wild Bunch Way Date 11/20/2023 Prescott, AZ 86305 Amount Due $8,879.65

Due Date Due on Receipt

Item Description Qty Price Amount

Item $8,879.65

FT Platinum P&S Underlayment 6.00 $110.00 $660.00

FT Platinum Nail Down 32.00 $152.95 $4,894.40

Plastic Cap Nails Used for underlayment installation. 2.00 $30.00 $60.00

Karnak Roofing Cement 1.00 $41.50 $41.50

x 2 Brown Drip Edge 65.00 $7.75 $503.75

Labor 1.00 $2,720.00 $2,720.00

Sub Total $8,879.65

Total $8,879.65

Amount Paid $0.00

Balance Due $8,879.65 *Card payment may incur a convenience fee which is calculated at checkout.

S P E C I A L I N S T R U C T I O N S E S T I M A T E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Signature Group WANG / KANG Estimate # 1552 Job #1036 - 11925 Wild Bunch Way - Jones 11925 W Wild Bunch Way Date 9/14/2023 Prescott, AZ 86305

Item Description Unit of Qty Measure

Item

FT Platinum P&S Underlayment Roll 6.00

FT Platinum Nail Down Roll 32.00

Plastic Cap Nails Used for underlayment installation. Box 2.00

Karnak Roofing Cement Items 1.00

x 2 Brown Drip Edge Items 65.00

Labor Items 1.00

50% of Balance Due on Commitment; Remaining Balance upon completion. Sub Total $8,879.65

Total $8,879.65

S P E C I A L I N S T R U C T I O N S

Document ID: 64DBBFC8-1B97-43BE-AA9A-6C318AB43AA4 Page 1 of 1 I N V O I C E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Signature Group WANG / KANG Invoice # 1317 Job #1036 - 11925 Wild Bunch Way - Jones 11925 W Wild Bunch Way Date 11/20/2023 Prescott, AZ 86305 Amount Due $8,879.65

Due Date Due on Receipt

Item Description Qty Price Amount

Item $8,879.65

FT Platinum P&S Underlayment 6.00 $110.00 $660.00

FT Platinum Nail Down 32.00 $152.95 $4,894.40

Plastic Cap Nails Used for underlayment installation. 2.00 $30.00 $60.00

Karnak Roofing Cement 1.00 $41.50 $41.50

x 2 Brown Drip Edge 65.00 $7.75 $503.75

Labor 1.00 $2,720.00 $2,720.00

Sub Total $8,879.65

Total $8,879.65

Amount Paid $0.00

Balance Due $8,879.65 *Card payment may incur a convenience fee which is calculated at checkout.

S P E C I A L I N S T R U C T I O N S E S T I M A T E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Builders Signature Group Estimate # 1488 Job #1033 - 12580 West Cooper Morgan 12580 W Cooper Morgan Trail Date 9/7/2023 Prescott, AZ 86305

Item Description Unit of Qty Measure

CertainTeed Landmark Cinder Black Class 4 Asphalt Architectural Grade Shingles Items 64.00

CertainTeed Shadowridge BDLE 19.00

Bunger Standing Seam Metal SQ 9.00

FT Platinum P&S Underlayment Peel and Stick Underlayment Roll 11.00

FT Platinum Nail Down Roll 69.00

SA Base Peel & Stick Base Roll 6.00

x 2 Brown Drip Edge Items 50.00

2" x 4" Brown Drip Edge Items 10.00

Karnak Roofing Cement Items 2.00

Plastic Cap Nails Used for underlayment installation. Box 3.00

3" x 5" Metal Flashing Items 10.00

Through The Roof Silicone Items 4.00

Labor Items 1.00

50% of Balance Due on Commitment; Remaining Balance upon completion. Sub Total $41,776.53

When Paying by Cash or Check

Total $41,776.53

When Paying by Credit/Debit Card

Convenience Fee $1,337.14

Balance Due* $43,113.67 *Credit/Debit card payments include a convenience fee of 3.2%+29¢ per transaction.

Document ID: FB8D10B0-FDCA-4E9E-BF58-AEBF22E4CC31 Page 1 of 2 S P E C I A L I N S T R U C T I O N S

Document ID: FB8D10B0-FDCA-4E9E-BF58-AEBF22E4CC31 Page 2 of 2 I N V O I C E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Signature Group WANG / KANG Invoice # 1304 Job #1033 - 12580 West Cooper Morgan 12580 W Cooper Morgan Trail Date 9/26/2023 Prescott, AZ 86305 Amount Due $17,876.08

Due Date Due on Receipt

Item Description Qty Price Amount

FT Platinum P&S Underlayment Peel and Stick Underlayment 11.00 $120.75 $1,328.25

FT Platinum Nail Down 69.00 $120.75 $8,331.75

SA Base Peel & Stick Base 6.00 $118.94 $713.64

SA Cap Sheet Rolled Roofing SA Capsheet Rolled Roofing Peel and Stick 10.00 $114.47 $1,144.70

x 2 Brown Drip Edge 50.00 $8.14 $407.00

2" x 4" Brown Drip Edge 10.00 $12.60 $126.00

Karnak Roofing Cement 2.00 $46.20 $92.40

Plastic Cap Nails Used for underlayment installation. 3.00 $56.18 $168.54

3" x 5" Metal Flashing 10.00 $10.50 $105.00

Through The Roof Silicone 4.00 $14.70 $58.80

Labor 1.00 $5,400.00 $5,400.00

Sub Total $17,876.08

Total $17,876.08

Amount Paid $0.00

Balance Due $17,876.08 *Card payment may incur a convenience fee which is calculated at checkout.

S P E C I A L I N S T R U C T I O N S E S T I M A T E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Builders Signature Group Estimate # 1488 Job #1033 - 12580 West Cooper Morgan 12580 W Cooper Morgan Trail Date 9/7/2023 Prescott, AZ 86305

Item Description Unit of Qty Measure

CertainTeed Landmark Cinder Black Class 4 Asphalt Architectural Grade Shingles Items 64.00

CertainTeed Shadowridge BDLE 19.00

Bunger Standing Seam Metal SQ 9.00

FT Platinum P&S Underlayment Peel and Stick Underlayment Roll 11.00

FT Platinum Nail Down Roll 69.00

SA Base Peel & Stick Base Roll 6.00

x 2 Brown Drip Edge Items 50.00

2" x 4" Brown Drip Edge Items 10.00

Karnak Roofing Cement Items 2.00

Plastic Cap Nails Used for underlayment installation. Box 3.00

3" x 5" Metal Flashing Items 10.00

Through The Roof Silicone Items 4.00

Labor Items 1.00

50% of Balance Due on Commitment; Remaining Balance upon completion. Sub Total $41,776.53

When Paying by Cash or Check

Total $41,776.53

When Paying by Credit/Debit Card

Convenience Fee $1,337.14

Balance Due* $43,113.67 *Credit/Debit card payments include a convenience fee of 3.2%+29¢ per transaction.

Document ID: FB8D10B0-FDCA-4E9E-BF58-AEBF22E4CC31 Page 1 of 2 S P E C I A L I N S T R U C T I O N S

Document ID: FB8D10B0-FDCA-4E9E-BF58-AEBF22E4CC31 Page 2 of 2 I N V O I C E

Strong Roofing Sales Representative 9144 Florentine Rd, Marcus Freiberger Suite 11 (928) 460-9298 Prescott Valley, 86314 [email redacted] (928) 460-9298

Nanke Signature Group WANG / KANG Invoice # 1304 Job #1033 - 12580 West Cooper Morgan 12580 W Cooper Morgan Trail Date 9/26/2023 Prescott, AZ 86305 Amount Due $17,876.08

Due Date Due on Receipt

Item Description Qty Price Amount

FT Platinum P&S Underlayment Peel and Stick Underlayment 11.00 $120.75 $1,328.25

FT Platinum Nail Down 69.00 $120.75 $8,331.75

SA Base Peel & Stick Base 6.00 $118.94 $713.64

SA Cap Sheet Rolled Roofing SA Capsheet Rolled Roofing Peel and Stick 10.00 $114.47 $1,144.70

x 2 Brown Drip Edge 50.00 $8.14 $407.00

2" x 4" Brown Drip Edge 10.00 $12.60 $126.00

Karnak Roofing Cement 2.00 $46.20 $92.40

Plastic Cap Nails Used for underlayment installation. 3.00 $56.18 $168.54

3" x 5" Metal Flashing 10.00 $10.50 $105.00

Through The Roof Silicone 4.00 $14.70 $58.80

Labor 1.00 $5,400.00 $5,400.00

Sub Total $17,876.08

Total $17,876.08

Amount Paid $0.00

Balance Due $17,876.08 *Card payment may incur a convenience fee which is calculated at checkout.

S P E C I A L I N S T R U C T I O N S LEGAL RECEIVED 03/25/2024

March 24, 2024

Meridith Bell Legal Assistant II Legal Department 1700 W. Washington St. Ste. 105 Phoenix, AZ 85007

RE: Complaint No 2024-03130

Dear Ms. Bell,

Sincerely,

Nanke Signature Group LEGAL RECEIVED 03/25/2024

1. Marcus was first 1. contacted June 19th 2023 and failed to respond after multiple attempts.

2. June 22nd 2023 2. Marcus finally makes contact. Requesting Blueprints for the Jones Residence.

3. Blueprints for 3. the Jones Residence as well as the Johnson Residence were emailed the same day June 22nd. LEGAL RECEIVED 03/25/2024

4. 4. June 24th 2023 Marcus reaches out to inform us he is nearly finished with the roofing proposals for Nanke.

5. 5. Three Days later and Strong Roofing has failed to return Nankes calls. He sent a text saying that he is in a meeting and will call back but never followed through. 6.

,Ill�,

< OJ Marcus

Sat, Jul 15 at 12:09 PM

7. Sent as Text Message

Mon, Jul 17 at 2:30 PM

Can I call you later?

Yes please do

11.

Continued 12.

12. Marcus responds letting Nanke know he has sent an invoice for the Wang/Kang project.

14.

14. July 31 2024, Nanke informs Strong Roofing that the Johnson Residence has a leak and asks to get it fixed. Strong roofing informs Nanke that they will have it fixed the next day (August 1st).

15. August 2nd 2023 the Johnson 15. Residence is still Leaking. Nanke reaches out to inquire about the Jones Residence. Marcus fails to respond and is not on any Nanke projects.

16.

,Ill� I

< ' [)J Marcus

Wed, Aug 9 at 8:36 AM

Good morning Clint!! I am going to send you the two in.voices for talking rock. Let me know the next steps. Also, when you are ready to shingle Oak Ridge.

I addressed by Strong Roofing 0 since first request on July 31st. z4

METAL ROOF: E BUNGER STEEL RAISED SEAM SHINGLE: CHARCOAL lSR'.32 CERTAINTEED LANDMARK SERIES ASPHALT SHINGLES CINOER BLACK

BOARD FORMED CONCRETE

Johnson project selections

Thu, Aug 10 at 9:57 AM

+ • LEGAL RECEIVED 03/25/2024

19.

20. 20. Strong Roofing ingored Nankes calls for 3 days. and finally responds with a text.

21.

Marcus finally resends the old Wang/kang project but not one for Johnson or Jones.

22. 22. After 5 days of calling Marcus and being ignored he sends a text saying he will call 23. in the morning.

23. Nanke sends a text informing Marcus that they would like to part ways. LEGAL RECEIVED 03/25/2024

24.

25.

25. Strong roofing fails to send the bids and Nanke Sends a final termination of their business relationship.

Please note attached proposals are from the Roofing company contacted to fix Strong Roofings mistakes.

Nanke Received proposal within days of requesting. LEGAL RECEIVED 03/25/2024 3/25/24, 2:36 PM State of Arizona Mail - RE: Complaint No 2024-03130 LEGAL RECEIVED 03/25/2024

Legal New Mail - AZROC <[email redacted]>

RE: Complaint No 2024-03130 message

Clint Lamanen <[email redacted]> Mon, Mar 25, 2024 at 7:29 AM To: [email redacted]

Good morning Ms Bell,

Warm regards,

Clint

attachments Nanke ROC Letter.pdf 36K Context & Full message thread Strong Roofing.PDF 4103K

https://mail.google.com/mail/b/AEoRXRRvycewPq4LaYvNFGvITAWtXVAfAyCc5GgyPX8J5vbVLD0w/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/1 Received 4/25/2024 ROC Legal

CARMAN LAW FIRM PLC 125 E. Goodwin St. Prescott, Arizona 86303 Telephone: 928.445.8056 Email: [email redacted] André E. Carman (Bar No. 021448) Counsel for Respondent REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA STRONG ROOFING LLC, Case No.: 2024-03130 Complainant, ANSWER vs. Nanke Signature Group LLC, License No. ROC 301998, Respondent. For its Answer to the Citation and Complaint, Respondent hereby alleges as follows: 1. Complainant violated by Arizona law by commencing performance on the subject projects without contracts and without any actual or ostensible authority to commence performance from Respondent. 2. Complainant’s unauthorized work was not performed in a workmanlike manner. None of the Complainant’s work was in compliance with the projects’ plans and specifications, which is a violation of A.R.S. § 32-1154(a)(2). All of Complainant’s work failed, was subpar, and had to be replaced at costs greater than the amount that Complainant alleges it is due. 3. Because Complainant performed work on the projects without contracts and without Respondent’s authorization, Respondent was not entitled to opportunities to correct its deficient work. Notwithstanding the foregoing, when Respondent requested Complainant to Received 4/25/2024 ROC Legal

correct its deficient work, Complainant delayed and ultimately refused to do so. 4. Complainant’s deficient work for which it is seeking compensation may have resulted in other portions of the projects being damaged and caused the projects to be delayed, and may have caused Respondent to suffer damages. 5. Pursuant to A.R.S. § 32-1154(a)(10), after paying another contractor to remedy all of Complainant’s non-compliant, unworkmanlike, and deficient work and to replace materials, Respondent 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. 6. A contractor who has performed without a contract, assuming that such contractor’s performance was in accordance with the plans and specifications and performed in a workmanlike manner, is only entitled to recover for the fair value of the services rendered and materials received to prevent the recipient from being unjustly enriched, i.e., restitution. Landi v. Arkules, 172 Ariz. 126, 135, 835 P.2d 458, 467 (App.Ct. 1992). Awarding such restitutionary damages to Complainant and ordering Respondent to pay the same or otherwise disciplining Respondent would only be appropriate if it were to be found that Respondent unfairly benefitted from Complainant’s performance of work. As set forth above and as will be proven at a hearing in this matter, Respondent and the projects did not benefit in any way from Complainant’s work. Western Corrections Group, Inc. v. Tierney, 208 Ariz. 583, 590, 96 P.3d 1070, 1077 (App.Ct. 2004). Consequently, Complainant is not entitled to restitution, let alone the amount sought in the Complaint. 7. Respondent generally denies each and every allegation of the Citation and Complaint. 8. Respondent requests this matter to be set for hearing. /// Received 4/25/2024 ROC Legal

Consent to received electronic communications: Respondent, by and through its counsel undersigned, hereby consents to receive communications electronically in connection with this case. DATED this 25th day of April, 2024. CARMAN LAW FIRM PLC

By: /s/ André E. Carman André E. Carman Counsel for Respondent Filed this 25th day of April, 2024 with: Registrar of Contractors [email redacted] Copy sent this same date: Strong Roofing LLC 5532 E. Kelton Lane Scottsdale, AZ 85254 Complainant By: AEC Received 4/25/24, 4:10 PM State of Arizona Mail - Case No. 2024-03130 4/25/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2024-03130 messages

Andre Carman <[email redacted]> Thu, Apr 25, 2024 at 3:46 PM To: "[email redacted]" <[email redacted]>

Hello,

Please find our Answer to the Citation and Complaint.

Yours very truly,

André E. Carman

Carman Law Firm plc

125 E. Goodwin St.

Prescott, AZ 86303

Tel: 928.445.8056

Fax: 928.445.8046

[email redacted]

www.CarmanLF.com

This message and any of the attached documents contain information from the law firm of Carman Law Firm that may be confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this information, and no privilege has been waived by your inadvertent receipt. If you have received this transmission in error, please notify the sender by reply e-mail and then delete this message. Thank you.

2024-04-11 ROC Citation and Complaint.pdf 6860K

Answers - AZROC <[email redacted]> Thu, Apr 25, 2024 at 4:04 PM To: Andre Carman <[email redacted]>

Good afternoon. The attachment is the Citation that was sent to your client, not an answer.

Thank you, Legal Department https://mail.google.com/mail/b/AEoRXRQH8pAGYntccM0387zO3jtY8RbSDE0k_BXVKjD0IbptbzSs/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/2 Received 4/25/24, 4:10 PM State of Arizona Mail - Case No. 2024-03130 4/25/2024 Arizona Registrar of Contractors ROC Legal [Quoted text hidden] -- Thank you.

Registrar of Contractors Legal Department

Andre Carman <[email redacted]> Thu, Apr 25, 2024 at 4:06 PM To: Answers - AZROC <[email redacted]>

My apologies. Attached is the Answer. [Quoted text hidden]

Answer.pdf 318K

https://mail.google.com/mail/b/AEoRXRQH8pAGYntccM0387zO3jtY8RbSDE0k_BXVKjD0IbptbzSs/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/2 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