2024A-05329-NPC-ROC Notice of Hearing & Packet MAILED 2024-05329.pdf

2024A-05329-NPC-ROC · Registrar of Contractors · 2024-07-18

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Envy Restoration Inc., Case No. 2024-05329

COMPLAINANT, Docket No. 2024A-05329-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE A L Santa Maria Design & Construction Inc. License No. ROC 179574,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for:

August 26, 2024 1:00 PM Samuel Fox 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 June 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 July 18, 2024.

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

Copy mailed via USPS First Class mail July 18, 2024 to:

Respondent(s) A L Santa Maria Design & Construction Inc. PO Box 30547 Tucson, AZ 85751 Complainant(s) Envy Restoration Inc. 803 E Melody Dr Gilbert, AZ 85234

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. 2024-05329 /

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

May 22, 2024

Via U.S. Mail and Email

Complainant Envy Restoration Inc 803 E Melody Dr Gilbert, AZ 85234

Via U.S. Mail and Email

Respondent A L Santa Maria Design & Construction Inc PO Box 30547 Tucson, AZ 85751

Re: Complaint No. 2024-05329

Dear Complainant and Respondent:

The Registrar received a complaint filed against A L Santa Maria Design & Construction Inc 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 May 29, 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 May 29, 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/ Dylan Warwick Dylan Warwick Legal Department

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

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

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Dean Arthur Young Street Address City State Zip Code 803 E Melody Dr Gilbert Arizona 85234 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) A L Santa Maria Design & Construction Inc ROC 179574 Street Address City State Zip Code

Phone Number Email Address

Name of Person(s) Representing License Anthony L Santa Maria Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $24,469.66 April 24, 2024 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. Invoice #26554 (Installation of Electrical for the paint mixing area at Tucson Dunn Edwards); Invoice #26120 (Misc. work completed at Pathways School - 1540 N Burk St. Gilbert, AZ 85234)

Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Dean Arthur Young Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date Dean Arthur Young Envy Restoration Inc. Invoice Fax: 480-464-7029 803 E. Melody Dr. Date Invoice # Gilbert, AZ 85234 4/14/2024 26120

Bill To

A.L. Santa Maria Design & Construction PO Box 30547 Tucson, AZ 85751 USA

Notice to owner of applicability of Arizona Prompt Pay Act Attention: Your obligations to pay your contractor are subject to the Arizona prompt pay act. That act is set forth in title 32, chapter 10, article 5, Arizona Revised Statutes. The full text of the statutes are available at your local public law library or the internet. Under that act, you have the right to withhold all or a portion of a payment to a contractor for a variety of reasons, including defective construction work that has not been corrected. However, in order to do so, you must issue a written statement setting forth in reasonable detail your reasons for withholding payments within fourteen (14) days after the date you receive a billing or estimate. If you fail to issue the written statement within that period, the billing or estimate will be deemed approved.

Quantity Description Price Each Amount

Westside: Remove concrete on westside according to pictures, saw cut cracked area by building and pour area back. Remove shade type umbrella, pour new footing for umbrella, re-install umbrella, regrade west side landscape area, add landscape rock as needed (match existing best as possible). Drill drainage holes in masonry wall to drain to retention area west of school.

North side: Remove as needed landscape rock in planter area, cap or terminate drip lines, pour concrete, add drainage strips if needed.

East side: Remove as needed landscape rock in planter area, cap or terminate drip lines, pour concrete, add drainage strips if needed. Raise grates 1” where area drains to parking lot.

South side: Remove concrete identified in photos, pour back with new concrete. Remove section of block fence, rebuild and repaint after work is finished.

Building Overall: Remove old Sicca-Flex caulking, re-caulk perimeter as needed.

Subtotal

Sales Tax (0.0%)

Total Payments/Credits

Balance Due

Page 1 Envy Restoration Inc. Invoice Fax: 480-464-7029 803 E. Melody Dr. Date Invoice # Gilbert, AZ 85234 4/14/2024 26120

Bill To

A.L. Santa Maria Design & Construction PO Box 30547 Tucson, AZ 85751 USA

Quantity Description Price Each Amount

Original quote $22,450.00, credit from concrete contractor for 20,350.00 20,350.00 concrete not poured. All demo of concrete remained the same. Credit -$2,100.00

Finance Charges on Overdue Balance 04/14/2023 305.25 305.25 Finance Charges on Overdue Balance 05/14/2023 309.83 309.83 Finance Charges on Overdue Balance 06/14/2023 314.48 314.48 Finance Charges on Overdue Balance 07/14/2023 319.19 319.19 Finance Charges on Overdue Balance 08/14/2023 323.98 323.98 Finance Charges on Overdue Balance 09/14/2023 328.84 328.84 Finance Charges on Overdue Balance 10/14/2023 333.77 333.77 ***Payment (Check #23912) of $1,000.00 applied 10/25/23*** Finance Charges on Overdue Balance 11/14/2023 323.78 323.78 Finance Charges on Overdue Balance 12/14/2023 328.64 328.64 Finance Charges on Overdue Balance 01/14/2024 333.57 333.57 Finance Charges on Overdue Balance 02/14/2024 338.57 338.57 Finance Charges on Overdue Balance 03/14/2024 343.65 343.65 ***Payment (Check #24008) of $1,000.00 applied 03/28/24*** Finance Charges on Overdue Balance 04/14/2024 333.80 333.80

Please make checks payable to Envy Restoration and Construction Mail to: 803 E Melody Dr., Gilbert, AZ 85234 Subtotal $24,587.35

EIN: 86-0651192 ROC# 282143 Sales Tax (0.0%) $0.00

Total $24,587.35

Payments/Credits -$2,000.00

Balance Due $22,587.35

Page 2 Envy Restoration Inc. Invoice Fax: 480-464-7029 803 E. Melody Dr. Date Invoice # Gilbert, AZ 85234 4/24/2024 26554

Bill To

A.L. Santa Maria Design & Construction PO Box 30547 Tucson, AZ 85751 USA

Quantity Description Price Each Amount

CUSTOMER: A.L. Santa Maria Design & Construction JOBSITE LOCATION: 4625 S Landing Way, Tucson Az 85714 Self Pay 1.2 INSTALL ELECTRICAL FOR THE PAINT MIXING AREA AT 5,099.72 6,119.66 TUSCON DUNN EDWARDS

Install explosion proof raceway, explosion proof fittings, explosion proof seal fittings, packing and sealant, and explosion proof boxes and covers underneath the hood vent. Install multiple circuits from electrical panel to below hood vent for paint mixers and other equipment Install explosion proof raceway, explosion proof fittings, explosion proof seal fittings, and explosion proof boxes from load center to hood vent motor Penatrate roof for hood vent raceway, install roof jack/flashing and mastic. Install circuit and control device for hood vent Troubleshoot and repair hood vent motor/belt/housing which was incorrectly installed and non functional Install mastic where the hood vent ducting penatrated through the roof to prevent future water damage Seal hood vent ducting with duct tape and air sealant paste which had been installed but not sealed correctly Provide materials for other electrical contractor to trim out devices and land equipment in paint mixing area Provide and source

Subtotal

Sales Tax (0.0%)

Total Payments/Credits

Balance Due

Page 1 Envy Restoration Inc. Invoice Fax: 480-464-7029 803 E. Melody Dr. Date Invoice # Gilbert, AZ 85234 4/24/2024 26554

Bill To

A.L. Santa Maria Design & Construction PO Box 30547 Tucson, AZ 85751 USA

Quantity Description Price Each Amount

materials short notice- go to local Dunn Edwards locations to put together parts list, track down multiple vendors who could provide the materials prior to install date, multiple trips to various wholesalers around Phoenix and Tuscon areas to aquire materials, pay expeditated shipping fees for some materials, and pay premium for some material in order to recieve materials in time for install. Fuel and Labor costs to drive to and from Tuscon for install Provide and transport scissor lift from Phoenix to Tuscon for install Aquire pipe threader, vice, and other spiecallty tools needed for explosion proof installations Pay for lodging

Invoice price generated via cost plus method- Total project costs have added together and multiplied by 1.2 to provide a total that cover projects cost and a 20 percent mark-up for overhead and profit.

Finance Charges on Overdue Balance 12/24/2021 91.79 91.79 Finance Charges on Overdue Balance 01/24/2022 93.17 93.17 Finance Charges on Overdue Balance 02/24/2022 94.57 94.57 Finance Charges on Overdue Balance 03/24/2022 95.99 95.99 Finance Charges on Overdue Balance 04/24/2022 97.43 97.43 Finance Charges on Overdue Balance 05/24/2022 98.89 98.89

Subtotal

Sales Tax (0.0%)

Total Payments/Credits

Balance Due

Page 2 Envy Restoration Inc. Invoice Fax: 480-464-7029 803 E. Melody Dr. Date Invoice # Gilbert, AZ 85234 4/24/2024 26554

Bill To

A.L. Santa Maria Design & Construction PO Box 30547 Tucson, AZ 85751 USA

Quantity Description Price Each Amount

Finance Charges on Overdue Balance 06/24/2022 100.37 100.37 Finance Charges on Overdue Balance 07/24/2022 101.88 101.88 Finance Charges on Overdue Balance 08/24/2022 103.41 103.41 Finance Charges on Overdue Balance 09/24/2022 104.96 104.96 Finance Charges on Overdue Balance 10/24/2022 106.53 106.53 Finance Charges on Overdue Balance 11/24/2022 108.13 108.13 Finance Charges on Overdue Balance 12/24/2022 109.75 109.75 Finance Charges on Overdue Balance 01/24/2023 111.40 111.40 Finance Charges on Overdue Balance 02/24/2023 113.07 113.07 Finance Charges on Overdue Balance 03/24/2023 114.77 114.77 Finance Charges on Overdue Balance 04/24/2023 116.49 116.49 Finance Charges on Overdue Balance 05/24/2023 118.23 118.23 Finance Charges on Overdue Balance 06/24/2023 120.01 120.01 Finance Charges on Overdue Balance 07/24/2023 121.81 121.81 Finance Charges on Overdue Balance 08/24/2023 123.63 123.63 Finance Charges on Overdue Balance 09/24/2023 125.49 125.49 Finance Charges on Overdue Balance 10/24/2023 127.37 127.37 Finance Charges on Overdue Balance 11/24/2023 129.28 129.28 Finance Charges on Overdue Balance 12/24/2023 131.22 131.22 Finance Charges on Overdue Balance 01/24/2024 133.19 133.19 Finance Charges on Overdue Balance 02/24/2024 135.19 135.19 Finance Charges on Overdue Balance 03/24/2024 137.22 137.22

Subtotal

Sales Tax (0.0%)

Total Payments/Credits

Balance Due

Page 3 Envy Restoration Inc. Invoice Fax: 480-464-7029 803 E. Melody Dr. Date Invoice # Gilbert, AZ 85234 4/24/2024 26554

Bill To

A.L. Santa Maria Design & Construction PO Box 30547 Tucson, AZ 85751 USA

Quantity Description Price Each Amount

Finance Charges on Overdue Balance 04/24/2024 139.27 139.27

Please make checks payable to Envy Restoration and Construction Mail to: 803 E Melody Dr., Gilbert, AZ 85234 Subtotal $9,424.17

EIN: 86-0651192 ROC# 282143 Sales Tax (0.0%) $0.00

Total $9,424.17

Payments/Credits $0.00

Balance Due $9,424.17

Page 4 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-05329 Envy Restoration Inc,

COMPLAINANT, v. CITATION A L Santa Maria Design & Construction Inc License No. ROC 179574,

RESPONDENT.

The Registrar issues this Citation to A L Santa Maria Design & Construction Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 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(s). THE WRITTEN COMPLAINT On May 8, 2024, Envy Restoration Inc (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge 1: A.R.S. § 32-1154(A)(10) Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the

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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 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. 2024-05329. 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 June 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(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). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. 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

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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 Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). 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 June 12, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Legal Department Arizona Registrar of Contractors

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 12, 2024 to:

Respondent Certified Mail No: [number redacted]

A L Santa Maria Design & Construction Inc PO Box 30547 Tucson, AZ 85751 Copy mailed by USPS First Class mail this same date to: A L Santa Maria Design & Construction Inc PO Box 30547 Tucson, AZ 85751

Complainant Envy Restoration Inc 803 E Melody Dr Gilbert, AZ 85234

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. 2024-05329 / <<CreatedBy_DW>

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) A L Santa Maria Design & Construction Inc ROC 179574 Street Address City State Zip Code

Phone Number Email Address

Bill To

A.L. Santa Maria Design & Construction PO Box 30547 Tucson, AZ 85751 USA

Quantity Description Price Each Amount

North side: Remove as needed landscape rock in planter area, cap or terminate drip lines, pour concrete, add drainage strips if needed.

East side: Remove as needed landscape rock in planter area, cap or terminate drip lines, pour concrete, add drainage strips if needed. Raise grates 1” where area drains to parking lot.

South side: Remove concrete identified in photos, pour back with new concrete. Remove section of block fence, rebuild and repaint after work is finished.

Building Overall: Remove old Sicca-Flex caulking, re-caulk perimeter as needed.

Subtotal

Sales Tax (0.0%)

Total Payments/Credits

Balance Due

Page 1 Envy Restoration Inc. Invoice Fax: 480-464-7029 803 E. Melody Dr. Date Invoice # Gilbert, AZ 85234 4/14/2024 26120

Bill To

A.L. Santa Maria Design & Construction PO Box 30547 Tucson, AZ 85751 USA

Quantity Description Price Each Amount

Original quote $22,450.00, credit from concrete contractor for 20,350.00 20,350.00 concrete not poured. All demo of concrete remained the same. Credit -$2,100.00

Please make checks payable to Envy Restoration and Construction Mail to: 803 E Melody Dr., Gilbert, AZ 85234 Subtotal $24,587.35

EIN: 86-0651192 ROC# 282143 Sales Tax (0.0%) $0.00

Total $24,587.35

Payments/Credits -$2,000.00

Balance Due $22,587.35

Page 2 Envy Restoration Inc. Invoice Fax: 480-464-7029 803 E. Melody Dr. Date Invoice # Gilbert, AZ 85234 4/24/2024 26554

Bill To

A.L. Santa Maria Design & Construction PO Box 30547 Tucson, AZ 85751 USA

Quantity Description Price Each Amount

Subtotal

Sales Tax (0.0%)

Total Payments/Credits

Balance Due

Page 1 Envy Restoration Inc. Invoice Fax: 480-464-7029 803 E. Melody Dr. Date Invoice # Gilbert, AZ 85234 4/24/2024 26554

Bill To

A.L. Santa Maria Design & Construction PO Box 30547 Tucson, AZ 85751 USA

Quantity Description Price Each Amount

Subtotal

Sales Tax (0.0%)

Total Payments/Credits

Balance Due

Page 2 Envy Restoration Inc. Invoice Fax: 480-464-7029 803 E. Melody Dr. Date Invoice # Gilbert, AZ 85234 4/24/2024 26554

Bill To

A.L. Santa Maria Design & Construction PO Box 30547 Tucson, AZ 85751 USA

Quantity Description Price Each Amount

Subtotal

Sales Tax (0.0%)

Total Payments/Credits

Balance Due

Page 3 Envy Restoration Inc. Invoice Fax: 480-464-7029 803 E. Melody Dr. Date Invoice # Gilbert, AZ 85234 4/24/2024 26554

Bill To

A.L. Santa Maria Design & Construction PO Box 30547 Tucson, AZ 85751 USA

Quantity Description Price Each Amount

Finance Charges on Overdue Balance 04/24/2024 139.27 139.27

Please make checks payable to Envy Restoration and Construction Mail to: 803 E Melody Dr., Gilbert, AZ 85234 Subtotal $9,424.17

EIN: 86-0651192 ROC# 282143 Sales Tax (0.0%) $0.00

Total $9,424.17

Payments/Credits $0.00

Balance Due $9,424.17

Page 4 Received 6/25/2024 ROC Legal

A.L. SANTA MARIA DESIGN & CONSTRUCTION INC. P.O. BOX 30547 / TUCSON AZ 85751 / TEL: 520-722-0964 / FAX: 520-290-0141 www.santamariacompanies.com Roc # 179574 / 169839

“Written Answer to Citation and Complaint” Case No. - 2024 - 05329

6/25/2024

Arizona Registrar of Contractors 1700 W Washington Ave 105 Phoenix, Az 85007 Attn; Margaret Lindsey Legal dept Via Email; [email redacted]

Re; Case No. 2024 – 05329 Envy restoration / A.L. Santa Maria Design & Construction Inc

Dear Ms. Lindsey,

I am writing to let you know that Dean Young of Envy Restoration and I, have agreed on and presently moving forward with a payment plan acceptable to both of us. It is my understanding that he called and informed your office of this on 6/18/24 Please know that Dean and I are on good terms and communicating to resolve this in a timely manner. We continue to work together which I am very grateful to Dean for. With that said I do take this matter very serious and apologize for the time it has taken away from the department. Should you have any questions regarding this, please do not hesitate to contact me.

Respectfully,

Anthony L. Santa Maria

A.L. Santa Maria Design & Construction Inc Received 6/25/2024 ROC Legal Received 6/25/24, 10:38 AM State of Arizona Mail - "Written Answer to Citation and Complaint" Case No. 2024 - 05329 6/25/2024 ROC Legal

Answers - AZROC <[email redacted]>

"Written Answer to Citation and Complaint" Case No. 2024 - 05329 message

[email redacted] <[email redacted]> Tue, Jun 25, 2024 at 10:35 AM To: [email redacted] Cc: "A.L. Santa Maria Design & Construction" <[email redacted]>

Anthony L. Santa Maria

Anthony L. Santa Maria Contractor / Construction consultant A.L Santa Maria Design & Construction Inc. [email redacted] www.santamariacompanies.com 520-722-0964 office 520-290-0141 Fax P.O. Box 30547 Tucson AZ 85751

ROC Letter.doc 41K

https://mail.google.com/mail/b/AEoRXRTUQX5P97Bpfd6fuWc5ixa8ciaSRLAZbkHL_bwimhn0LFkq/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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