2024A-03315-NPC-ROC-RH Notice of Hearing & Packet MAILED

2024A-03315-NPC-ROC-RH · Registrar of Contractors · 2024-08-13

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

North Mechanical LLC, Case No. 2024-03315

COMPLAINANT, Docket No. 2024A-03315-NPC-ROC- RH v. NOTICE OF HEARING ON Black Diamond Builders LLC CONTESTED CASE License No. ROC 297510,

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

HEARING INFORMATION The hearing is set for:

September 20, 2024 1:00 PM Kay Abramsohn 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 12, 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 August 13, 2024.

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

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

Respondent(s) Black Diamond Builders LLC 280 E Sherri Dr. Gilbert, AZ 85296

Complainant(s) North Mechanical LLC 906 S McLane Rd Payson, AZ 85541

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. 2024-03315 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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 21, 2024 Via U.S. Mail and Email Complainant North Mechanical LLC 906 S McLane Rd Payson, AZ 85541-5451 Via U.S. Mail and Email Respondent Black Diamond Builders LLC 280 E Sherri Dr. Gilbert, AZ 85296 Re: Complaint No. 2024-03315 Dear Complainant and Respondent: The Registrar received a complaint filed against Black Diamond Builders 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 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 March 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. Sincerely, /s/ Doug Ulmer __________________ Doug Ulmer Legal Assistant Legal Department Registrar of Contractors

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 3/26/24, 2:50 PM State of Arizona Mail - (no subject) LEGAL RECEIVED 03/26/2024

Legal New Mail - AZROC <[email redacted]>

(no subject) messages

Bryan Young <[email redacted]> Tue, Mar 26, 2024 at 10:47 AM To: [email redacted]

This is in response to Case 2024-03315., 1st Black Diamond Builders has not been on the job sight in over 9 month we walked away from the project after the home owners did not pay us after 2) invoices totally over 100,000.00. 2nd at the time we walked away from the job the hvac,plumbing, framing,electrical, window installation had not been completed and no rough in framing combo inspection had been done. 3) as far as we know the owners went out and hired a friend to take over the project in june of 2023, if everything finally got completed under that friend I do not know. However I do feel he is responsible for payment of the subs upon completion of the project. Not sure how black diamond builders can be responsible for any subs,work,or anything pertaining to the house we someone else has taken over the job and the owners still owe us money.

Thank you. Black Diamond Builders

Legal New Mail - AZROC <[email redacted]> Tue, Mar 26, 2024 at 2:50 PM To: Bryan Young <[email redacted]>

Received , 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!

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Case No. 2024-03315 North Mechanical LLC,

COMPLAINANT, v. CITATION Black Diamond Builders LLC, License No. ROC 297510,

RESPONDENT.

The Registrar issues this Citation to Black Diamond Builders LLC (“Respondent”)

under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by April 27, 2024, then

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

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

Respondent’s license.

THE WRITTEN COMPLAINT

On March 20, 2024, North Mechanical 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 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

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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 due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-03315. 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 27, 2024.

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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 This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license. THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE

Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the 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

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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 written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated April 12, 2024. By: /s/ Chance Peterson Chance Peterson General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, April 12, 2024 to:

Respondent Certified Mail No: [number redacted]

Black Diamond Builders LLC 280 E Sherri Dr. Gilbert, AZ 85296 of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy mailed by USPS First Class mail this same date to: Respondent Black Diamond Builders LLC 280 E Sherri Dr. Gilbert, AZ 85296 Complainant North Mechanical LLC 906 S McLane Rd Payson, AZ 85541-5451 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. 2024-03315/du

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 4/22/24, 8:37 AM State of Arizona Mail - Written answer to citation and complaint.

Answers - AZROC <[email redacted]>

Written answer to citation and complaint. message

Bryan Young <[email redacted]> Sat, Apr 20, 2024 at 1:20 PM To: [email redacted]

written answer to citation and complaint.

This is in response to Case 2024-03315., 1st Black Diamond Builders has not been on the job site in over 9 month we walked away from the project in june of 2023 after the home owners did not pay us our invoices totaling over 130,000.00.$ for 3 months of work and materials. 2nd, When Black diamond builders decided\force to walk away from the job the framing, hvac,plumbing,electrical,sprinklers, windows and doors had not been completed. The rough-in framing combo inspection had been done. 3) As far as we know, the owners went out and hired a friend to take over the project in june\july of 2023, if everything finally got completed under that friend he or if he has a company should be the one who is responsible for everything on the job site including subs and labor and materials. And as stated previously, my company was never paid for our last invoices. How is Black Diamond Builders responsible or expected to pay out money he never has received, and all the subs from june of 2023 should have had new contracts with the owners or the person in charge of running the job for payments, upon completion of inspections,progress and for the final of the project. Not sure how black diamond builders can be responsible for any subs,work,or anything pertaining to the house when someone else has taken over the job and responsibility to finish the work, and the owners still owe Black Diamond Builders money.

Thank you. Black Diamond Builders Bryan young

https://mail.google.com/mail/b/AEoRXRQ_S8u9yL_1xyR_5D6nwbUzhhwj8Miyo7CmmcyMYZ59aULn/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/1 Received 6/25/2024 ROC Legal

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

North Mechanical LLC, No. 2024A-03315-NPC-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE Black Diamond Builders LLC DECISION License No. ROC 297510, RESPONDENT

HEARING: June 19, 2024

APPEARANCES: Complainant did not appear. A representative for Respondent

was available at the time of the hearing.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

FINDINGS OF FACT

Complainant failed to appear at the hearing. The tribunal waited 20 minutes

beyond the scheduled start time, but no one appeared for Complainant.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to present

evidence in support of the complaint. See ARIZ. ADMIN. CODE R2-19-119.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the

Registrar of Contractors’ Order, Complainant’s complaint be dismissed. Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification. Done this day, June 25, 2024.

/s/ Tammy L. Eigenheer Administrative Law Judge

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 Received 6/25/2024 ROC Legal

Transmitted by either mail, e-mail, or facsimile to: Tom Cole, Director Registrar of Contractors North Mechanical LLC [email redacted] Black Diamond Builders LLC [email redacted] By: OAH Staff

7/15/24, 4:06 PM State of Arizona Mail - FW: Case 2024-03315 - Final Administrative Decision and Order LEGAL - DO NOT RECEIVED REPLY 07/12/2024

Legal New Mail - AZROC <[email redacted]>

FW: Case 2024-03315 - Final Administrative Decision and Order - DO NOT REPLY messages

darin upnorthair.com <[email redacted]> Fri, Jul 12, 2024 at 10:31 AM To: "[email redacted]" <[email redacted]> Cc: "dave upnorthair.com" <[email redacted]>

AZ ROC Legal Rep,

Please advise. On the day of this hearing, the reason for us missing the hearing was due to a death in the family. We would like to officially requested another hearing in this case so we can adequately present our case and the abundance of evidence we feel we have in this matter. Please let me know what I need to do to get this hearing rescheduled. Thank you,

-Darin North

DARIN B. NORTH, MBA North Mechanical, LLC

Maj, USAF, Retired

(928) 468-9400

www.UpNorthAir.com

From: Shaquira Adebule <[email redacted]> Sent: Friday, July 12, 2024 10:17 AM To: darin upnorthair.com <[email redacted]> Subject: Case 2024-03315 - Final Administrative Decision and Order - DO NOT REPLY

Hello,

Attached please find an electronic courtesy copy of the Final Administrative Decision and Order issued in Case 2024- 03315. This document was also sent to your attention via US Mail.

Please do not reply directly to this email. Any reply or response should be addressed to [email redacted]

Thank you,

Shaquira Adebule Legal Assistant II Arizona Registrar of Contractors 1700 W Washington St., Suite 105 Phoenix, AZ 85007 Office: 602-542-1525 [email redacted]

The ROC is now on social media! Make sure to follow us on:

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20240712 Final Administrative Decision and Order 2024-03315 MAILED.pdf 696K

Legal New Mail - AZROC <[email redacted]> Mon, Jul 15, 2024 at 4:06 PM To: "darin upnorthair.com" <[email redacted]>

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We are currently reviewing .

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!

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North Mechanical LLC, Case No. 2024-03315

COMPLAINANT, Docket No. 2024A-03315-NPC-ROC v. Black Diamond Builders LLC FINAL ADMINISTRATIVE License No. ROC 297510, DECISION AND ORDER RESPONDENT.

Under A.R.S. § 41-1092.08(B), the Registrar may review and accept, modify, or reject an administrative law judge’s written decision. If the Registrar modifies or rejects that decision, then the Registrar must provide written justification setting forth the reasons for the modification or rejection of each finding of fact or conclusion of law. REGISTRAR’S ACCEPTANCE In this case, a hearing was held, and the administrative law judge (“ALJ”) issued a written decision. See ALJ Decision, attached. The Registrar reviewed that decision and accepts it. CONCLUSION AND ORDER Because the Registrar has accepted the ALJ Decision, that decision is the final administrative decision in this case and becomes effective on August 21, 2024. The terms of the order, such as suspension, revocation or dismissal, etc., will take place the next business day. Dated July 12, 2024. By: /s/ Margaret Lindsey of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 10/23 Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail July 12, 2024 to: Respondent(s) Black Diamond Builders LLC 280 E Sherri Dr Gilbert, AZ 85296 Complainant(s) North Mechanical LLC 906 S McLane Rd Payson, AZ 85541 Copy sent electronically this same date to: Office of Administrative Hearings Tammy L. Eigenheer, Administrative Law Judge Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2024-03315/

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 10/23 Received 6/25/2024 ROC Legal

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

North Mechanical LLC, No. 2024A-03315-NPC-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE Black Diamond Builders LLC DECISION License No. ROC 297510, RESPONDENT

HEARING: June 19, 2024

APPEARANCES: Complainant did not appear. A representative for Respondent

was available at the time of the hearing.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

FINDINGS OF FACT

Complainant failed to appear at the hearing. The tribunal waited 20 minutes

beyond the scheduled start time, but no one appeared for Complainant.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to present

evidence in support of the complaint. See ARIZ. ADMIN. CODE R2-19-119.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the

/s/ Tammy L. Eigenheer Administrative Law Judge

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 Received 6/25/2024 ROC Legal

Transmitted by either mail, e-mail, or facsimile to: Tom Cole, Director Registrar of Contractors North Mechanical LLC [email redacted] Black Diamond Builders LLC [email redacted] By: OAH Staff

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

North Mechanical LLC, Case No. 2024-03315 COMPLAINANT, Docket No.: 2024A-03315-NPC-ROC v. Black Diamond Builders LLC ORDER GRANTING REQUEST FOR License No. ROC 297510, REHEARING OR REVIEW RESPONDENT.

After a review of the file and record, Complainant’s Request for Rehearing is granted for

the following reasons:

BACKGROUND

On April 12, 2024, the Registrar issued a citation for alleged violation of A.R.S. § 32-

1154(A)(10). A hearing was held on June 19, 2024, however, Complainant failed to appear at

the hearing, therefore, the Administrative Law Judge recommended that Complainant’s

complaint be dismissed. On June 25, 2024, Complainant informed the Registrar that a death

occurred in the family on the day of the hearing. The Registrar issued the Final Administrative

Decision and Order on July 12, 2024 accepting the Administrative Law Judge’s

recommendation. On the same day, Complainant filed with the Registrar a request for

rehearing.

ANALYSIS

Under A.R.S. § 41-1092.09(A) a party may file a motion for rehearing or review within 30

days after service of the Registrar’s final administrative decision and order. The Registrar may

grant a rehearing or review of a decision for any of the reasons listed in A.A.C. R4-9-120(C).

Here, Complainant’s request provides sufficient grounds to grant a rehearing or to merit additional review by the Registrar. Complainant indicated that there was an unexpected death

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg132 5/21 in the family on the day of the hearing. Therefore, the Registrar grants Complainant’s Request for Rehearing pursuant to A.A.C. R4-9-120(C)(3). ORDER IT IS ORDERED that Complainant’s Request for Rehearing is granted. IT IS FURTHER ORDERED that the Office of Administrative Hearings will schedule a rehearing. The Registrar will contact the Office of Administrative Hearings and issue a notice of re- hearing in due course. Dated August 2, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Arizona Registrar of Contractors COPY mailed via USPS First Class mail August 2, 2024 to: Respondent Black Diamond Builders LLC 280 E Sherri Dr Gilbert, AZ 85296 Complainant North Mechanical LLC 906 S McLane Rd Payson, AZ 85541 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. 2024-03315 /

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg132 5/21 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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