2024A-05430-CHC-ROC Notice of Hearing & Packet MAILED 2024-05430.pdf

2024A-05430-CHC-ROC · Registrar of Contractors · 2024-09-12

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Robert Lenzi , Case No. 2024-05430

COMPLAINANT, Docket No. 2024A-05430-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Arizona Turf Professionals LLC License No. ROC 328529,

RESPONDENT.

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

October 30, 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 July 31, 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)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

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.

The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET

In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated September 11, 2024.

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

Copy mailed via USPS First Class mail September 11, 2024 to:

Respondent(s) Arizona Turf Professionals LLC 28428 N 58th St Cave Creek, AZ 85331

Respondent's Attorney Wesley M. Cox, Esq. 2525 E Camelback Rd 7th Fl. Phoenix, AZ 85016 Complainant(s) Robert Lenzi 6184 S Sorrell Ct Gilbert, AZ 85298

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. 2024-05430 /

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

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to: ● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

How do I disclose You must properly disclose any and all documents and witnesses evidence I intend to you intend to use at your hearing according to the Registrar’s use at a Hearing? Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118. A sample prehearing disclosure form and instructions are provided to the parties by the Registrar. How do I obtain If you previously submitted documents to the Registrar and need a documents I copy of these documents, please contact the Registrar’s Legal previously submitted Department or submit a public records request at to the Registrar? https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Complainant: Robert Lenzi 6184 S Sorrell Ct Gilbert, AZ 85298

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Arizona Turf Professionals LLC DBA: 28428 N 58th St Cave Creek, AZ 85331

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 May 14, 2024

Re: Complaint No. 2024-05430

Dear Complainant and Respondent:

A formal complaint has been filed with the Arizona Registrar of Contractors.

A jobsite inspection is scheduled for Monday, June 17, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

Doug Barrett, Investigator (602) 771-6775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Cc: File Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 A Guide to Jobsite Inspections

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complaint #2024-05430 P 1 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 2 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 3 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 4 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 5 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 6 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 7 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 8 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 9 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 10 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 11 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 12 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 13 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 14 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 15 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 16 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 17 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 18 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 19 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 20 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 21 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 22 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 23 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Complaint #2024-05430 P 24 JSI date 06/17/2024 at 10:00AM JSI PHOTOS Jobsite Inspection Notes

Case No.: 2024-05430 Investigator: Doug Barrett Inspection Date: Monday, June 17, 2024 Inspection Time: 10:00 AM

Jobsite Address: 6184 S Sorrell Ct Gilbert, AZ 85298

Complainant: Robert Lenzi Respondent: Arizona Turf Not Present: Professionals LLC Not Present:

Jobsite General Notes: Both parties were present, including Josh Murray and Eric Cop from the Respondent. I discussed expectations versus minimum workmanship standards with the parties, including the fact that construction inherently by nature is not perfect.

Complaint Item: 1 - Installation of Basketball court per original contract, approval materials and colors. Not done, Eric said wont' do it. Investigator’s Observation: Verified. I observed a concrete slab in the backyard that is supposed to have sport court tiles on it and it does not. Contractor should complete the court by appropriate means per the contract. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 2 - Installation of Hoop per original contract and text. Not done, Eric said won't do it. Investigator’s Observation: Verified. I observed a box with the new basketball hoop on the side yard and it had not been opened. Contractor should install the basketball hoop by appropriate means per the contract. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complaint Item: 3 - All turf is low in 3/4" minus rock, ran out of materials 3 times and is bumpy everywhere. Not done properly. Investigator’s Observation: Verified. I observed issues with the turf in the following locations: 1: There was a dip/hole along the edge of the pool deck travertine across from the patio. 2: There was extra turf material to the right of the patio slider in the corner. 3: There were dips in-between the travertine step pads. 4: There was a section of turf to the left of the water feature in the side yard that had a gap larger than 1/8" at the wall. 5: The turf dipped at the right side of the side yard patio. 6: The turf was not secure around the water feature on the rear patio. The respondent noted all of these areas during the inspection. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Complaint Item: 4 - Installed incorrect paver color and incorrect installation, issues were brought to their attention prior installation. Investigator’s Observation: Unverified. The complainant stated to remove this item during the inspection. Governing Rule: Not Applicable

Doug Barrett, Investigator (602) 771-6775 [email redacted] 1700 W Washington St, Suite 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 C011 12/23

Complainant: Robert Lenzi 6184 S Sorrell Ct Gilbert, AZ 85298

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Arizona Turf Professionals LLC DBA: 28428 N 58th St Cave Creek, AZ 85331

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 June 18, 2024

License No. ROC 328529

Re:Complaint No. 2024-05430

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Wednesday, July 10, 2024.

RESTRICTIONS  You may not perform or hire other contractors to perform work that is outside the scope of your license.  If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item: 2 - Installation of Hoop per original contract and text. Not done, Eric said won't do it. Investigator’s Observation: Verified. I observed a box with the new basketball hoop on the side yard and it had not been opened. Contractor should install the basketball hoop by appropriate means per the contract. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Doug Barrett, Investigator (602) 771-6775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Robert Lenzi, Case No. 2024-05430 COMPLAINANT, v. Arizona Turf Professionals LLC, CITATION License No. ROC 328529, RESPONDENT.

The Registrar issues this Citation to Arizona Turf Professionals LLC, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 15, 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 10, 2024, Robert Lenzi, (“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)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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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 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. 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. 2024-05430. 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]

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The 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 August 15, 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). 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.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B).

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

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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 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 July 31, 2024. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 31, 2024 to: Respondent Certified Mail No: [number redacted] Arizona Turf Professionals LLC 28428 N 58th St Cave Creek, AZ 85331

Copy mailed by USPS First Class mail this same date to: Arizona Turf Professionals LLC 28428 N 58th St Cave Creek, AZ 85331 Complainant Robert Lenzi 6184 S Sorrell Ct Gilbert, AZ 85298

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. 2024-05430

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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 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Robert Lenzi ROC 293053 Mailing Address (Enter jobsite in Contract/Project section) City State Zip

6184 S Sorrell Ct Gilbert Arizona 85298 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Arizona Turf Professionals LLC ROC 328529 Street Address City State Zip

28428 N 58th St Cave Creek AZ 85331 Phone Number Email

[number redacted] [email redacted] Name of Person(s) Representing License

Sarah Kay Murray Contract/Project Information Contract Date Contract Amount Amount Paid

March 22, 2024 $14,591.80 $7,000.00 Date Work Started Date Work Stopped Date Work Was Completed

April 16, 2024 April 20, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

6184 S Sorrell Ct Gilbert AZ 85298 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Abandonment I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? No

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

The contract was Written All change orders were Written This project was Residential This project involved Remodel

A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Written contract not met, missing basketball court & hoop instal. During installation, 3 different times the workers could not reach project mgr and ran out of materials, being forced to stretch the materials. Lack of materials has led to improper installation. The turf feels unleveled and bumpy. Pavers wrong color Allegations Listed on Complaint:

Installation of Basketball court per original contract, approval materials and colors. Not done, Eric said wont' do it.

Installation of Hoop per original contract and text. Not done, Eric said won't do it.

All turf is low in 3/4" minus rock, ran out of materials 3 times and is bumpy everywhere. Not done properly.

Installed incorrect paver color and incorrect installation, issues were brought to their attention prior installation

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and 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

Robert Lenzi \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 0123ÿ516789 ÿ 12316789 1

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B)%%ÿCD*ÿ'EÿFGHI(ÿ(DJK"Lÿ*Cÿ%"*ÿD(ÿM+CNÿOCNÿN"IJ"ÿPC)+#ÿ$+PÿOCNÿN"ÿQ$+ÿR"**"Jÿ("JK"ÿLCDS T921U 781ÿ0VWÿ37ÿ6ÿ ÿ72394ÿ51539X Y91ÿ791ÿÿZ446ÿ7ÿ [ T921Uÿ 76319 Received 8/14/2024 Legal Department

Wesley M. Cox (SBN 034055)

SEVENTH FLOOR CAMELBACK ESPLANADE II 2525 EAST CAMELBACK ROAD PHOENIX, ARIZONA 85016-4237 TELEPHONE: (602) 255-6000 FACSIMILE: (602) 255-0103 EMAIL: [email redacted] Attorneys for Complainant

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Robert Lenzi, Case No. 2024-05430 COMPLAINANT, v. ANSWER TO AND MOTION TO DISMISS CITATION Arizona Turf Professionals LLC License No. ROC 328529,

RESPONDENT.

Respondent Arizona Turf Professionals LLC (“ATP”), by and through undersigned

counsel, hereby files their Answer to and Motion to Dismiss the Citation filed against ATP

in the abovementioned matter. ATP moves to dismiss this Complaint because: (1) Robert

and Arlette Lenzi (the “Lenzis”) have not paid for the work they claim is poor workmanship and/or abandoned; (2) the Lenzis did not permit ATP to perform the corrective work within

the time allocated under the Written Directive; (3) a compliance jobsite inspection was

never performed before issuing the citation; and (4) ATP has not committed poor

workmanship under A.C.C. R4-9-108.

MEMORANDUM OF POINTS AND AUTHORITIES

I. UNDISPUTED FACTS

This matter arises out of a contract between ATP and the Lenzis that was entered

into on March 22, 2024. (See Contract, attached hereto as “Exhibit 1.”) The Contract was

Answer and Motion to Dismiss -1- 8/14/2024 Received 8/14/2024 Legal Department

for the installation of artificial turf, a travertine border around the turf, and a sport court.

(Id.) The contract was in the amount of $14,591.80 and required a 50% deposit. (Id.) The

Lenzis paid an initial deposit in the amount of $7,000. (See Complaint, attached hereto as

“Exhibit 2.”) The Lenzis have not paid any further amount on the Contract since their

initial deposit. (Id.)

The Contract says that “If the project is started based on the approved quote, any

deviation or additions from the quote may result in a change of order fee of $500.00 dollars

or more plus the additional cost of products that may be necessary.” (See “Exhibit 1.”)

The Contract also says “If we are unable to procure the turf you were quoted for, we have

the right to use a comparable product at the same quality and weight.” (Id.) The project

has not been abandoned and to this day, the Lenzis are discussing completing this project

with ATP.

On June 17, Arizona Registrar of Contractors (“ROC”) investigator Doug Barrett

conducted a jobsite inspection. (See Jobsite Inspection Notes, attached hereto as (“Exhibit

3.”) After his initial jobsite inspection, Mr. Barrett issued a Written Directive. (See

Written Directive, attached hereto as “Exhibit 4.”) While the Complaint asserts

abandonment of the Complaint, the Written Directive asserts poor workmanship. (See

“Exhibit 2;” “Exhibit 4.”) Even though the Lenzis have asserted abandonment of the project, they are still discussing completing this project with ATP to this day.

“In order to use the administrative process offered by the Registrar, a property

owner must provide reasonable access to allow the contractor to fix their work as directed

by the Registrar.” (See ROC Document, A Guide to Written Directives.) ROC does not

“provide specific instructions for how to correct poor work.” (Id.) Mr. Barrett never

performed a compliance jobsite inspection.

II. LEGAL ARGUMENT

a. Complainant is in Breach of the Contract for failing to Pay for the

Answer and Motion to Dismiss -2- 8/14/2024 Received 8/14/2024 Legal Department

Work Performed by ATP. The elements of a breach of contract claim are: “the existence of the contract, its

breach and the resulting damages.” See Graham v. Asbury, 112 Ariz. 184, 185, 540 P. 2d

656, 657. ATP had a contract with the Lenzis. (See “Exhibit 1.”) The Lenzis have failed

to pay for $7,591.80 out of the Contract. (See “Exhibit 2.” Affidavit of Sarah Murray,

attached hereto as “Exhibit 5.”) ATP is still working with the Lenzis to complete the

project. As a result of the Lenzis’ failure to pay, ATP has suffered damages in the amount

of $7,591.80.

Even if the Lenzis were found not to be in breach of contract yet, they are in

anticipatory breach of contract. In order for a party to be in “anticipatory breach of

contract there must be a positive and unequivocal manifestation on the part of the party

allegedly repudiating that he will not render the promised performance when the time

fixed for it in the contract arrives.” See Kleeb v. Burns, 5 Ariz. App. 566, 568, 429 P. 2d 453, 455 (Ariz. App. 1967). The Lenzis are in a position where they are currently working

with ATP to complete the work, however, have already obtained a citation against ATP.

The Lenzis continued work with ATP to have work performed while a citation has already

been issued shows that the Lenzis have no intention on paying ATP for any continued

work it performs. As a result, the Lenzis are in anticipatory breach of contract since they have no intention of paying for work performed on the project.

b. The Lenzis Did Not Permit ATP to Perform the Corrective Work.

The Written Directive provided until July 10, 2024 for ATP to perform the

corrective work required. (See “Exhibit 3.”) During the timeframe from June 17, 2024 to

July 10, 2024, Mr. Lenzi did not provide reasonable access to the jobsite for ATP to

perform corrective work. (See “Exhibit 5.”) Because Mr. Lenzi did not provide

reasonable access to perform the corrective work, ATP was unable to comply with the

Written Directive. As a result, any failure of ATP to comply with the Written Directive

Answer and Motion to Dismiss -3- 8/14/2024 Received 8/14/2024 Legal Department

is because of the Lenzis’ failure to provide reasonable access to the project as opposed to

ATP’s inability to perform the work.

c. A Compliance Jobsite Inspection Was Never Performed by ROC.

ROC never performed a compliance jobsite inspection after issuing the Written

Directive. As is mentioned above, Complainant did not provide ATP with reasonable

access to complete the project in the timeframe set forth in the Written Directive. (See

“Exhibit 5.”) Furthermore, Mr. Lenzi and ATP are in continued discussions about

completing the project in a manner that satisfies Complainant. (See “Exhibit 5.”) ROC

investigator Mr. Barrett never came back after issuing the Written Directive to perform a

compliance jobsite inspection. As a result, ROC is unable to determine whether this matter

is ripe for a citation (and therefore ripe for discipline) or not.

d. ATP Has Not Committed Poor Workmanship Under A.C.C. R4-9-108.

A. A contractor shall perform all work in a professional and workmanlike manner. B. A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skills and capacity. C. All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.C.C. R4-9-108

Answer and Motion to Dismiss -4- 8/14/2024 Received 8/14/2024 Legal Department

As mentioned above, the Lenzis have not permitted ATP to complete the work.

The Lenzis are also in discussions with ATP regarding completing the work. Because the

work is not complete and is still ongoing, it does not qualify for work performed in an

unprofessional or unworkmanlike manner. ATP cannot be found to be in violation of

A.C.C. R4-9-108 for poor workmanship until it has completed the work.

III. CONCLUSION

The citation was issued prematurely in this matter. This matter is not ripe for

discipline to ACP. Work on this project is still ongoing. After the work has been

completed, this matter will be ripe for a compliance jobsite inspection from ROC.

However, since no compliance jobsite inspection has been performed, and since ATP and

the Lenzis are still in communications to get this project complete, this matter is not ripe

for a citation and not ripe for discipline.

WHEREFORE, ATP requests that ROC dismiss the citation because: this matter

has not been abandoned as was mentioned in the Complaint; the Lenzis did not permit

ATP to perform the corrective work within the time allocated under the Written Directive;

a compliance jobsite inspection was never performed before issuing the citation; and ATP

has not committed poor workmanship under A.C.C. R4-9-108.

Dated: August 14, 2024

By: /s/ Wesley M. Cox Wesley M. Cox Attorneys for Complainant

The foregoing filed on August 14, 2024, with: Arizona Registrar of Contractors [email redacted]

Answer and Motion to Dismiss -5- 8/14/2024 Received 8/14/2024 Legal Department

[email redacted] 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007

By: /s/ Wesley M. Cox

Answer and Motion to Dismiss -6- 8/14/2024 Received 8/14/2024 Legal Department

Exhibit 1 Received 8/14/2024 Legal Department Received 8/14/2024 Legal Department Received 8/14/2024 Legal Department Received 8/14/2024 Legal Department

Exhibit 2 Received 8/14/2024 Legal Department

Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Robert Lenzi ROC 293053 Mailing Address (Enter jobsite in Contract/Project section) City State Zip

6184 S Sorrell Ct Gilbert Arizona 85298 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Arizona Turf Professionals LLC ROC 328529 Street Address City State Zip

28428 N 58th St Cave Creek AZ 85331 Phone Number Email

[number redacted] [email redacted] Name of Person(s) Representing License

Sarah Kay Murray Contract/Project Information Contract Date Contract Amount Amount Paid

March 22, 2024 $14,591.80 $7,000.00 Date Work Started Date Work Stopped Date Work Was Completed

April 16, 2024 April 20, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

6184 S Sorrell Ct Gilbert AZ 85298 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Abandonment I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? No

RCC099 12/05/18 Page 1 of 2 Received 8/14/2024 Legal Department

Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

The contract was Written All change orders were Written This project was Residential This project involved Remodel

Installation of Basketball court per original contract, approval materials and colors. Not done, Eric said wont' do it.

Installation of Hoop per original contract and text. Not done, Eric said won't do it.

All turf is low in 3/4" minus rock, ran out of materials 3 times and is bumpy everywhere. Not done properly.

Installed incorrect paver color and incorrect installation, issues were brought to their attention prior installation

Robert Lenzi \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Received 8/14/2024 Legal Department

Exhibit 3 Received 8/14/2024 Legal Department

Jobsite Inspection Notes

Case No.: 2024-05430 Investigator: Doug Barrett Inspection Date: Monday, June 17, 2024 Inspection Time: 10:00 AM

Jobsite Address: 6184 S Sorrell Ct Gilbert, AZ 85298

Complainant: Robert Lenzi Respondent: Arizona Turf Not Present: Professionals LLC Not Present:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Received 8/14/2024 Legal Department

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Doug Barrett, Investigator (602) 771-6775 [email redacted] 1700 W Washington St, Suite 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 C011 12/23

Received 8/14/2024 Legal Department

Exhibit 4 Received 8/14/2024 Legal Department

Complainant: Robert Lenzi 6184 S Sorrell Ct Gilbert, AZ 85298

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Received 8/14/2024 Legal Department

Respondent: Arizona Turf Professionals LLC DBA: 28428 N 58th St Cave Creek, AZ 85331

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Received 8/14/2024 Legal Department

June 18, 2024

License No. ROC 328529

Re:Complaint No. 2024-05430

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

RESTRICTIONS x You may not perform or hire other contractors to perform work that is outside the scope of your license. x If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Received 8/14/2024 Legal Department

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Received 8/14/2024 Legal Department

Doug Barrett, Investigator (602) 771-6775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Received 8/14/2024 Legal Department

Exhibit 5 Received 8/14/2024 Legal Department

Wesley M. Cox (SBN 034055)

SEVENTH FLOOR CAMELBACK ESPLANADE II 2525 EAST CAMELBACK ROAD PHOENIX, ARIZONA 85016-4237 TELEPHONE: (602) 255-6000 FACSIMILE: (602) 255-0103 EMAIL: [email redacted] Attorneys for Complainant

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Robert Lenzi, Case No. 2024-05430 COMPLAINANT, v. AFFIDAVIT OF SARAH K. MURRAY Arizona Turf Professionals LLC License No. ROC 328529,

RESPONDENT.

STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA )

Affiant, being first duly sworn upon her oath, deposes and states as follows:

1. I am of majority age and am knowledgeable as to the following:

2. My name is Sarah K. Murray and I am the Manager and Qualifying Party for

Arizona Turf Professionals, LLC (“ATP”).

3. I am aware and have reviewed the Complaint, the Jobsite Inspection Notes,

Written Directive and Citation in this matter.

4. Both myself, as well as employees of ATP were in contact with Robert Lenzi

from June 17, 2024 until July 10, 2024 in an attempt to comply with the Written Directive.

5. Mr. Lenzi did not provide us with reasonable access to fix work described in

Affidavit -1- 8/13/2024 ______________,£a()----= Received 8/14/2024 Legal Department

the Inspection Notes issued by the Arizona Registrar of Contractors ("ROC").

6. As of the day of this Affidavit, ATP is still in contact with Mr. Lenzi regarding completing the project, and still working with Mr. Lenzi to complete the project

to his liking. 7. As of the day of this Affidavit, ATP is still owed $7,591.80 on the project. Further Affiant sayeth not. Arizona Turf Professionals, LLC

Affidavit -2- 8/13/2024 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Robert Lenzi, Case No. 2024-05430 COMPLAINANT, v. Arizona Turf Professionals LLC ORDER DENYING REQUEST TO License No. ROC 328529, DISMISS RESPONDENT.

BACKGROUND

On June 18, 2024, the Registrar Investigator issued a Written Directive requiring

that Respondent correct three complaint items by July 10, 2024. On July 17, 2024,

Respondent confirmed that the corrections listed in the written directive were not made as

required. Therefore, on July 31, 2024, the Registrar issued a citation against Respondent’s

License No. 328529. Respondent filed an Answer to and Motion to Dismiss Citation on

August 14, 2024 (“Answer”). The Answer included a request to dismiss the citation and

close the complaint.

ANALYSIS

Respondent alleges in its Answer that Complainants did not pay for the work that

they claim is poor workmanship and/or abandoned. Respondent has not provided any proof

or evidence that the parties’ contract or agreement required for Complainant to pay the

entire amount of the contract before Respondent completed the project(s). For the work

that Respondent did complete, the Registrar Investigator found multiple issues. Pursuant to

A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a), a contractor is required to “perform

all work in a professional and workmanlike manner,” regardless of payment. Although Respondent disagrees that it committed poor workmanship, that is an issue or dispute that it

of 3 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 is best to be addressed in front of an Administrative Law Judge at the Office of Administrative Hearings. Additionally, Respondent alleges that Complaint did not allow Respondent to complete the corrective work during the time period specified in the Written Directive. Respondent has not provided sufficient evidence to support its assertion. This is a factual dispute that is best addressed before an Administrative Law Judge at the Office of Administrative Hearings Finally, Respondent argues that a compliance jobsite inspection was never performed. Prior to the Registrar issuing a Citation, both Complainant and Respondent notified the Investigator that no work was performed, therefore, a compliance inspection was not necessary nor required. 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 September 9, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 9, 2024 to: Respondent(s) Arizona Turf Professionals LLC 28428 N 58th St Cave Creek, AZ 85331 Respondent’s Attorney Wesley M. Cox, Esq.

of 3 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 Tiffany & Bosco P.A. 2525 E Camelback Rd 7th Fl Phoenix, AZ 85016 Complainant(s) Robert Lenzi 6184 S Sorrell Ct Gilbert, AZ 85298 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. 2024-05430/

of 3 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