2024A-03932-NPC-ROC Notice of Hearing & Packet MAILED 2024-03932.pdf

2024A-03932-NPC-ROC · Registrar of Contractors · 2024-07-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Dry Star Restoration LLC, Case No. 2024-03932

COMPLAINANT, Docket No. 2024A-03932-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Everything Residential, LLC DBA: Everything Residential & Commercial License No. ROC 341045,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

August 15, 2024 1:00 PM Adam Stone Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative

law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on May 1, 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 July 8, 2024.

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

Copy mailed via USPS First Class mail July 8, 2024 to:

Respondent(s) Everything Residential, LLC 1120 W Wagner Dr. Gilbert, AZ 85233

Respondent's Attorney Andrew Ryan DiCarlo, Esq. 15029 N Thompson Peak Pkwy Ste. B-111 #406 Scottsdale, AZ 85260 Complainant(s) Dry Star Restoration LLC 3045 N Norfolk Mesa, AZ 85215

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

Case No. 2024-03932 /

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

4/5/24, 3:36 PM State of Arizona Mail - No Pay Complaint - 2024-03932

Shaquira Adebule <[email redacted]>

No Pay Complaint - 2024-03932 message

Shaquira Adebule <[email redacted]> Fri, Apr 5, 2024 at 3:36 PM To: [email redacted]

Hello,

Please note that your extension has been granted to respond to the no pay complaint filed by Dry Star Restoration LLC. New response due date is April 18, 2024.

Thank you,

Shaquira Adebule Legal Assistant II Arizona Registrar of Contractors 1700 W Washington St., Suite 105 Phoenix, AZ 85007 Office: 602-771-6817 [email redacted]

The ROC is now on social media! Make sure to follow us on: Facebook Twitter Fill out AZ ROC's survey to let us know how we're doing and how we can better serve you! Facebook

https://mail.google.com/mail/u/0/?ik=a10dd98b4c&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 1/1 April 5, 2024

Via U.S. Mail and Email

Complainant Dry Star Restoration LLC 3045 N Norfolk Mesa, AZ 85215

Via U.S. Mail and Email

Respondent Everything Residential, LLC 1518 E Beacon Dr Gilbert, AZ 85234

Re: Complaint No. 2024-03932

Dear Complainant and Respondent:

The Registrar received a complaint filed against Everything Residential, 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 April 12, 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 April 12, 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/ Shaquira Adebule Shaquira Adebule Legal Assistant II

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Legal Department AZ Registrar of Contractors 602-542-1525

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Printed Name Signature Date Chad Fitzgerald From: Braden Appel [email redacted] Subject: Fw: Dry Star Quote Date: April 4, 2024 at 2:32 PM To: chad drystaraz.com [email redacted]

From: Braden Appel Sent: Thursday, September 22, 2022 11:01 AM To: Everything Residential <[email redacted]> Subject: Dry Star Quote Here is the measurement and quote for the build. Price now includes 2'x4' tile and the drywall we discussed.

Thank You,

Braden Appel Project Manager - Flooring Division Cell: (Call or Text) Office: (480) 664-4264 Email: [email redacted] Fax: (480) 664-4976 Address: 3045 N Norfolk, Mesa, Az 85215

everything residential 2.pdf 8/8 Dry Star Restoration Proposal and Construction LLC Dry Star Restoration 3045 N Norfolk Mesa, Az 85215

BILL TO SHIP TO

Everything Residential

SKU#/ITEM NO. DESCRIPTION QTY UNIT PRICE AMOUNT 4'x4' tile install 204.00 SF $30.77 $6,277.08

2'x4' tile install ceiling install 22.00 SF $30.77 $676.94

Mosaic install pan 35.00 SF $8.69 $304.15

Mosaic install niche,bench 18.00 SF $27.69 $498.42

Pan+curb install 38.00 SF $25.711 $977.02

Niche build 4 EA $142.86 $571.44

2'x4' tile install top of bench 12.00 SF $30.77 $369.24

2'x4' tile install bathroom floor 84.00 SF $4.62 $388.08

Drywall repair/touch up 1 EA $1,200.0 $1,200.00 Material $0 Labor $11,262.37 Tax 8.6% $968.55 Total $12,230.92 INSTRUCTION (4'x4' tile) shower walls and wall where the bathtub goes diagonally shaped shower walls (standard not diagonal) on pony walls

(2'x4' tile) (can be cut down if the installer needs to). shower ceiling

(pebble rock mosaic) shower floor niches SIDES of shower bench

(2'x4' tile) bathroom floor TOP of shower bench

CUSTOMER ACCEPTANCE AND APPROVAL Print Name Everything residential Signature

Date 9/22/2022 11:00 AM

everything residential 1 https://m2lk.net/v/3a8a3627 - Powered by Measure Square. From: Braden Appel [email redacted] Subject: Fw: Dry Star Repairs Date: April 4, 2024 at 2:35 PM To: chad drystaraz.com [email redacted]

From: Braden Appel Sent: Wednesday, November 30, 2022 10:58 AM To: Everything Residential <[email redacted]> Subject: Dry Star Repairs Good afternoon, my guys were scheduled to arrive today to start the drywall repairs. Unfortunately, he is currently having some vehicle issues that we are trying to get situated. I will see if I have anyone else available now to head there but if not my guy will have to switch trucks with another team and go there tomorrow— apologies for the inconvenience.

Thank You,

Braden Appel Project Manager - Flooring Division Cell: (Call or Text) Office: (480) 664-4264 Email: [email redacted] Fax: (480) 664-4976 Address: 3045 N Norfolk, Mesa, Az 85215 From: Everything Residential [email redacted] Subject: Re: Invoice 007453 from Dry Star Restoration LLC Date: January 5, 2023 at 2:29 PM To: [email redacted]

Hello, A meeting is needed to discuss balance due. * project way past time allowed * repairs requested to be addressed had to be done by another company. * scheduled days with many no shows and very unprofessional behavior at the home and in front of our client. * list was left on site of repairs needed to be done and Bradon was informed of this from Christian. List: * numerous spots not grouted * tile on ceiling not repaired right. * tile behind toilet not right * 1 inch gap from tile to floor behind the tub. * light for shower tile was supposed to be cut for our electrician to install light. Also: no communication to our office that was asked for numerous times. Many business days with manager or Forman not available to talk. Over all quality of work C- Photos are available. I propose a balance owed $4500 Thank you Randy

On Thu, Jan 5, 2023 at 2:09 PM Dry Star Restoration LLC <[email redacted]> wrote:

INVOICE 007453 DETAILS

Dry Star Restoration LLC

DUE 10/30/2022

$7,230.92 Review and pay

Dear Everything Residential LLC,

Here's your invoice! We appreciate your prompt payment. ACH option now available to make payment. Requires bank Routing and Account Number.

Thanks for your business! Dry Star Restoration LLC

Bill to Everything Residential LLC EVERYTHING RESIDENTIAL LLC

Ship to Everything Residential LLC 2412 E Isabella Ave Mesa, Az 85204 USA

Terms Net 30

Site Work:Flooring Charges $12,230.92 Charges to supply and/ or install floor coverings

X $12,230.92

Payment $5,000.00

Balance due $7,230.92

Thank You for using Dry Star Restoration LLC for all your Thank You for using Dry Star Restoration LLC for all your mitigation and remodel needs!

CLAIM NUMBER

Review and pay

Dry Star Restoration LLC

3045 N Norfolk Mesa, AZ 85215 US

+1 [number redacted] [email redacted] www.drystaraz.com

If you receive an email that seems fraudulent, please check with the business owner before paying.

Legal Department

01234ÿ617ÿ8394ÿÿ ÿ412341739432

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=EE9*G(+16:,77,6):47((+16W@\7OO<nHAHFBxA[I1@Nl[(4CM1[[KZ12Zk0FI[Z&)B4OM>C1Y 0F+Z)W)0+j¡S1)8 9E¡*)+54= +66¡9)5(E=10¢ AA Received 4/18/2024 Legal Department

Andrew R. DiCarlo, Esq. (No. 035571) DICARLO LAW PLC 15029 N. Thompson Peak Pkwy Suite B-111, #406 Scottsdale, Arizona 85260 Email: [email redacted] Telephone: (602) 341-5154

Attorney for Respondent

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Dry Star Restoration LLC 3045 N Norfolk Mesa, AZ 85215 WRITTEN ANSWER TO COMPLAINT COMPLAINANT, NO. 2024-03932

vs.

Everything Residential, LLC 1518 E Beacon Dr Gilbert, AZ 85234

RESPONDENT.

Respondent Everything Residential LLC, (“Respondent”) has retained this law firm, DiCarlo Law PLC (the “Firm”), to represent their interest in the above referenced Complaint (Complaint No. 2024-03932; the “Complaint”). Respondent is in receipt of the

Complaint dated April 5, 2024, from the Arizona Registrar of Contractors (“ROC”).

Respondent hereby files this Written Answer to the Complaint raising any issue or affirmative defense that it may have regarding the allegation(s) levied in the Complaint.

WRITTEN ANSWER TO COMPLAINT NO. 2024-03932 - 1 Received 4/18/2024 Legal Department

Please direct all further communications regarding the Complaint to the Firm’s contact information contained herein. THE WRITTEN RESPONSE

I. Factual Background.

This matter arises out of a contractual dispute between a general contractor and a subcontractor, both licensed RoC entities, regarding the interpretation of amounts due and owing pursuant to a contract for work on a construction project in the state of Arizona.

Complainant and Respondent are parties to that certain Subcontractor’s binding contract

form related to the real property at 2412 E. Isabella Ave., Mesa, AZ 85204 (the “Property”; the “Written Contract”). II. Complainant Has Failed to Comply with The Written Contract.

Respondent disputes that the amounts sought by Complainant are “owed” in its

interpretation of the term “when due” and the application of the Written Contract in the context of A.R.S. 32-1183(B) and the pertinent language therein requiring “subcontractor” to “perform in accordance with the provisions of a construction contract.” The Written Contract between the parties, and Arizona law, both contemplate provisions which

provide Respondent with avenues for contractual deduction against Complainant’s

amounts sought under the Written Agreement, including those relating to chargebacks, the cost(s) related completion of unfinished work, missed timelines, and the damages sustained by Respondent related thereto. For example, the Written Contract provides that,

WRITTEN ANSWER TO COMPLAINT NO. 2024-03932 - 2 Received 4/18/2024 Legal Department

“subcontractor owes $100 per day for jobs not completed within allowed days of completion” a right which Respondent intends to enforce to its fullest extent. III. Complainant’s Written Complaint Seeks Amounts to Which Complainant

is Aware it is Not Entitled.

The Written Complaint filed by Complainant seeks amounts to which Complainant maintains no further right to collect upon. Complainant has made false representations to the Registrar regarding the amount(s) to which Complainant can make a legitimate claim.

The Registrar of Contractors relies on complaints to carry out some of the mandates of

the office. When anyone attempts to use the complaint process inappropriately, it undermines the Registrar’s ability to perform the duties that the citizens of Arizona depend on to ensure that the buildings in which they live, work, and play are safe. When

that process is compromised, it is appropriate to dismiss the complaint in its entirety.”

Reeks v. Superscape, LLC, No. 2016A-594 (ALJ Decision at 1:19–24). IV. Additional Affirmative Defenses Respondent hereby further asserts all affirmative defense(s) available under Arizona law, including but not limited to, those stated under 16 A.R.S. Rules of Civil Procedure

for the Superior Courts of Arizona, Rule 8, General Rules of Pleading.

CONCLUSION For the above-mentioned reasons, Complainant’s Complaint should be dismissed, and the RoC should not issue a Citation. In the alternative, if the ROC does not dismiss the

Complaint, Respondent requests that this hearing be set before the Office of

WRITTEN ANSWER TO COMPLAINT NO. 2024-03932 - 3 Received 4/18/2024 Legal Department

Administrative Hearings so that it can defend its rights related to the allegations levied in the Complaint.

RESPECTFULLY submitted this 18th day of April, 2024.

DICARLO LAW, PLC

Andrew R. DiCarlo, Esq. (No. 035571) Attorney for Respondent ORIGINAL filed this 18th day of April, 2024.

COPY E-mailed this same date to: Arizona Registrar of Contractors [email redacted]

Complainant [email redacted] Respondent [email redacted]

/s/ Andrew R. DiCarlo

WRITTEN ANSWER TO COMPLAINT NO. 2024-03932 - 4 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-03932 Dry Star Restoration LLC,

COMPLAINANT, CITATION v. Everything Residential, LLC DBA: Everything Residential & Commercial License No. ROC 341045,

RESPONDENT.

The Registrar issues this Citation to Everything Residential, LLC DBA: Everything Residential & Commercial (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 16, 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 April 4, 2024, Dry Star Restoration 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:

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

Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or

agent or official of a licensee to pay monies in excess of $750 when

due for materials or services rendered in connection with the

licensee's operations as a contractor unless the licensee proves that

the licensee lacks the capacity to pay and has not 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. 2024-03932. 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.

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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 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 May 16, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the

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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 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). 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 May 1, 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, May 1, 2024 to: Respondent 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 Certified Mail No: [number redacted] Everything Residential, LLC DBA: Everything Residential & Commercial 1120 W Wagner Dr Gilbert, AZ 85233 Copy mailed by USPS First Class mail this same date to: Respondent Everything Residential, LLC DBA: Everything Residential & Commercial 1120 W Wagner Dr Gilbert, AZ 85233 Complainant Dry Star Restoration LLC 3045 N Norfolk Mesa, AZ 85215 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. 2024-03932 / SA

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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 April 5, 2024

Via U.S. Mail and Email

Complainant Dry Star Restoration LLC 3045 N Norfolk Mesa, AZ 85215

Via U.S. Mail and Email

Respondent Everything Residential, LLC 1518 E Beacon Dr Gilbert, AZ 85234

Re: Complaint No. 2024-03932

Dear Complainant and Respondent:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before April 12, 2024 and will review Respondent’s response, if one is submitted.

Sincerely,

/s/ Shaquira Adebule Shaquira Adebule Legal Assistant II

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Legal Department AZ Registrar of Contractors 602-542-1525

Thank You,

Braden Appel Project Manager - Flooring Division Cell: (Call or Text) Office: (480) 664-4264 Email: [email redacted] Fax: (480) 664-4976 Address: 3045 N Norfolk, Mesa, Az 85215

everything residential 2.pdf 8/8 Dry Star Restoration Proposal and Construction LLC Dry Star Restoration 3045 N Norfolk Mesa, Az 85215

BILL TO SHIP TO

Everything Residential

SKU#/ITEM NO. DESCRIPTION QTY UNIT PRICE AMOUNT 4'x4' tile install 204.00 SF $30.77 $6,277.08

2'x4' tile install ceiling install 22.00 SF $30.77 $676.94

Mosaic install pan 35.00 SF $8.69 $304.15

Mosaic install niche,bench 18.00 SF $27.69 $498.42

Pan+curb install 38.00 SF $25.711 $977.02

Niche build 4 EA $142.86 $571.44

2'x4' tile install top of bench 12.00 SF $30.77 $369.24

2'x4' tile install bathroom floor 84.00 SF $4.62 $388.08

(2'x4' tile) (can be cut down if the installer needs to). shower ceiling

(pebble rock mosaic) shower floor niches SIDES of shower bench

(2'x4' tile) bathroom floor TOP of shower bench

CUSTOMER ACCEPTANCE AND APPROVAL Print Name Everything residential Signature

Date 9/22/2022 11:00 AM

Thank You,

On Thu, Jan 5, 2023 at 2:09 PM Dry Star Restoration LLC <[email redacted]> wrote:

INVOICE 007453 DETAILS

Dry Star Restoration LLC

DUE 10/30/2022

$7,230.92 Review and pay

Dear Everything Residential LLC,

Here's your invoice! We appreciate your prompt payment. ACH option now available to make payment. Requires bank Routing and Account Number.

Thanks for your business! Dry Star Restoration LLC

Bill to Everything Residential LLC EVERYTHING RESIDENTIAL LLC

Ship to Everything Residential LLC 2412 E Isabella Ave Mesa, Az 85204 USA

Terms Net 30

Site Work:Flooring Charges $12,230.92 Charges to supply and/ or install floor coverings

X $12,230.92

Payment $5,000.00

Balance due $7,230.92

Thank You for using Dry Star Restoration LLC for all your Thank You for using Dry Star Restoration LLC for all your mitigation and remodel needs!

CLAIM NUMBER

Review and pay

Dry Star Restoration LLC

3045 N Norfolk Mesa, AZ 85215 US

+1 [number redacted] [email redacted] www.drystaraz.com

If you receive an email that seems fraudulent, please check with the business owner before paying.

Andrew R. DiCarlo, Esq. (No. 035571) DICARLO LAW PLC 15029 N. Thompson Peak Pkwy Suite B-111, #406 Scottsdale, Arizona 85260 Email: [email redacted] Telephone: (602) 341-5154

Attorney for Respondent

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Dry Star Restoration LLC 3045 N Norfolk Mesa, AZ 85215 WRITTEN ANSWER TO CITATION COMPLAINANT, NO. 2024-03932 vs.

Everything Residential, LLC 1518 E Beacon Dr Gilbert, AZ 85234

RESPONDENT.

Respondent Everything Residential LLC, (“Respondent”) has retained this law firm, DiCarlo Law PLC (the “Firm”), to represent their interest in the above referenced Citation (Citation No. 2024-03932; the “Citation”). Respondent is in receipt of the

Citation dated May 1, 2024, from the Arizona Registrar of Contractors (“ROC”).

Respondent hereby files this Written Answer to the Complaint raising any issue or affirmative defense that it may have regarding the allegation(s) levied in the Complaint.

WRITTEN ANSWER TO COMPLAINT NO. 2024-03932 - 1 Received 5/16/2024 ROC Legal

Please direct all further communications regarding the Complaint to the Firm’s contact information contained herein. THE WRITTEN CITATION

Pursuant to the Citation, Respondent is being charged with the following:

“Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that

the licensee lacks the capacity to pay and has not received sufficient monies as payment

for the particular construction work project or operation for which the services or materials were rendered or purchased.” (Emphasis Added). THE WRITTEN RESPONSE

I. Factual Background.

form related to the real property at 2412 E. Isabella Ave., Mesa, AZ 85204 (the “Property”; the “Written Contract”). II. Complainant Has Failed to Comply with The Written Contract. Respondent disputes that the amounts sought by Complainant are “owed” in its

interpretation of the term “when due” and the application of the Written Contract in the

WRITTEN ANSWER TO COMPLAINT NO. 2024-03932 - 2 Received 5/16/2024 ROC Legal

context of A.R.S. 32-1154(A)(10). Additionally, Arizona’s Prompt Pay Act, (A.R.S. § 32- 1181 through -1188), and the pertinent language therein require a “subcontractor” to “perform in accordance with the provisions of a construction contract” prior to making

any claim for payment thereunder. The Written Contract between the parties, and Arizona

law, both contemplate provisions which provide Respondent with avenues for contractual deduction against Complainant’s amounts sought under the Written Agreement, including those relating to chargebacks, the cost(s) related completion of unfinished work, missed

timelines, and the damages sustained by Respondent related thereto. For example, the

Written Contract provides that, “subcontractor owes $100 per day for jobs not completed within allowed days of completion” a right which Respondent intends to enforce to its fullest extent. From the documents provided to the RoC by Complainant, the job was not

completed and invoiced by Complainant until January 5, 2023, which is nearly three

months following the completion date indicated in the Written Agreement between the parties; thus, clearly identifying Complainant’s failure to “perform in accordance with the provisions of a construction contract” and the failure to satisfy the requirement that the work be paid “when due.”

III. Complainant’s Written Complaint Seeks Amounts to Which Complainant is Aware it is Not Entitled. The Written Complaint filed by Complainant seeks amounts to which Complainant maintains no further right to collect upon, as they have explicitly foregone those rights in

writing to Respondent. Complainant has made false representations to the Registrar

WRITTEN ANSWER TO COMPLAINT NO. 2024-03932 - 3 Received 5/16/2024 ROC Legal

regarding the amount(s) to which Complainant can make a legitimate claim and now attempts to use the Registrar to strong arm Respondent into paying those amounts. The Registrar of Contractors relies on complaints to carry out some of the mandates of the

office. When anyone attempts to use the complaint process inappropriately, it undermines

the Registrar’s ability to perform the duties that the citizens of Arizona depend on to ensure that the buildings in which they live, work, and play are safe. When that process is compromised, it is appropriate to dismiss the complaint in its entirety.” Reeks v.

Superscape, LLC, No. 2016A-594 (ALJ Decision at 1:19–24).

IV. Additional Affirmative Defenses Respondent hereby further asserts all affirmative defense(s) available under Arizona law, including but not limited to, those stated under 16 A.R.S. Rules of Civil Procedure

for the Superior Courts of Arizona, Rule 8, General Rules of Pleading.

CONCLUSION For the above-mentioned reasons, Complainant’s Complaint should be dismissed, and the RoC should not issue a Citation. In the alternative, if the ROC does not dismiss the Complaint, Respondent requests that this hearing be set before the Office of

Administrative Hearings so that it can defend its rights related to the allegations levied in the Complaint.

RESPECTFULLY submitted this 16th day of May, 2024.

DICARLO LAW, PLC

WRITTEN ANSWER TO COMPLAINT NO. 2024-03932 - 4 Received 5/16/2024 ROC Legal

Andrew R. DiCarlo, Esq. (No. 035571) Attorney for Respondent

ORIGINAL filed this 16th day of May, 2024.

COPY E-mailed this same date to:

Arizona Registrar of Contractors

Complainant [email redacted] Respondent [email redacted]

/s/ Andrew R. DiCarlo

WRITTEN ANSWER TO COMPLAINT NO. 2024-03932 - 5 Received 5/17/24, 7:48 AM State of Arizona Mail - NO. 2024-03932 - Respondent's Written Answer 5/16/2024 ROC Legal

Answers - AZROC <[email redacted]>

NO. 2024-03932 - Respondent's Written Answer message

Andrew DiCarlo <[email redacted]> Thu, May 16, 2024 at 4:00 PM To: [email redacted] Cc: Everything Residential <[email redacted]>, [email redacted], Andrew DiCarlo <[email redacted]>

To Whom it May Concern,

Please see Respodnent's written answer in the above-captioned matter. Physical copies are sent upon request only. Thanks in advance.

-- Andrew R. DiCarlo, Esq. Attorney at Law DICARLO LAW, PLC 15029 N. Thompson Peak Pkwy Suite B-111, #406 Scottsdale, Arizona 85260 Email: [email redacted] Telephone: (602) 341-5154

NOTICE: The information contained in this electronic mail transmission is intended by DiCarlo Law PLC for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee or a person authorized to deliver it to the named addressee). It should not be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email or by calling DiCarlo Law PLC at 602-341-5154, so that our address record can be corrected.

20240418 - RoC Respnse -v1.pdf 216K

https://mail.google.com/mail/b/AEoRXRRti0tSVg8nC6mbJVxPsaTjo5NV91BSnfqZMCaOsEyarDU7/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 Legal New Mail - AZROC <[email redacted]>

20240501 No Pay Citation 2024-0393 messages

Andrew DiCarlo <[email redacted]> Tue, Jun 4, 2024 at 1:20 PM To: Legal New Mail - AZROC <[email redacted]> Cc: Randy Carpenter <[email redacted]>, Everything Residential <[email redacted]>

To Whom it may concern,

I am sending this email to determine the status of the above-captioned matter. Can you please provide an update on this matter? Thanks in advance for your time and attention.

-- Andrew R. DiCarlo, Esq. Attorney at Law DICARLO LAW, PLC 15029 N. Thompson Peak Pkwy Suite B-111, #406 Scottsdale, Arizona 85260 Email: [email redacted] Telephone: (602) 341-5154

Legal New Mail - AZROC <[email redacted]> Tue, Jun 4, 2024 at 3:51 PM To: Andrew DiCarlo <[email redacted]> Cc: Randy Carpenter <[email redacted]>, Everything Residential <[email redacted]>

Hello,

Please note the complaint number is 2024-03932.

The Registrar received a timely Answer that included a request for dismissal. That Dismissal request is under review. Once completed a formal order will be issued.

Thank you.

Thank you,

Arizona Registrar of Contractors Legal Department

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

[Quoted text hidden] REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Dry Star Restoration LLC, Case No. 2024-03932 COMPLAINANT,

Everything Residential, LLC, ORDER DENYING REQUEST TO DBA: Everything Residential & Commercial, DISMISS License No. ROC 341045, RESPONDENT.

BACKGROUND On May 1, 2024, the Registrar issued a Citation against Respondent’s License No. ROC 341045, charging Respondent with a violation of A.R.S. § 32-1154(A)(10). On May 16, 2024, Respondent filed its Answer. The Answer included a request to dismiss the Citation. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated June 17, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 Copy mailed via USPS First Class Mail June 17, 2024 to:

Respondent Everything Residential, LLC DBA: Everything Residential & Commercial 1120 W Wagner Dr Gilbert, AZ 85233

Respondent’s Attorney Andrew R. DiCarlo, Esq. DiCarlo Law PLC 15029 N Thompson Peak Pkwy Ste B-111 #406 Scottsdale, AZ 85260 Complainant Dry Star Restoration LLC 3045 N Norfolk Mesa, AZ 85215 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. 2024-03932 / KR

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 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