20240911 Notice of Hearing & Packet MAILED 2024-05510.pdf
2024A-05510-NPC-ROC · Registrar of Contractors · 2024-10-09
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Tanner Riddle Painting Inc., Case No. 2024-05510
COMPLAINANT, Docket No. 2024A-05510-NPC-ROC
v. NOTICE OF HEARING ON CONTESTED CASE Lifetime Remodeling and Custom Tile LLC DBA: Lifetime Remodeling License No. ROC 332343,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
October 31, 2024 8:30 AM Sondra Vanella 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 August 23, 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 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) Lifetime Remodeling and Custom Tile LLC W Combs Rd Suite 101-204 San Tan Valley, AZ 85140
Complainant(s) Tanner Riddle Painting Inc. 1514 W Berridge Ln Phoenix, AZ 85015
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. 2024-05510 /
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
May 16, 2024
Via U.S. Mail and Email
Complainant Tanner Riddle Painting Inc. 1514 W Berridge Ln Phoenix, AZ 85015
Via U.S. Mail and Email
Respondent Lifetime Remodeling and Custom Tile LLC DBA: Lifetime Remodeling W Combs Rd Suite 101-204 San Tan Valley, AZ 85140
Re: Complaint No. 2024-05510
Dear Complainant and Respondent:
The Registrar received a complaint filed against Lifetime Remodeling and Custom Tile LLC DBA: Lifetime Remodeling 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 23, 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 23, 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,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors 602-542-1525
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 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) SHAWN T RIDDLE Street Address City State Zip Code 1514 W Berridge Ln Phoenix Arizona 85015 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) Lifetime Remodeling ROC 33234 Street Address City State Zip Code
Phone Number Email Address
Name of Person(s) Representing License Mark E Essary Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $5,800.00 March 13, 2024 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. Invoice date was march 13,2024. Invoice #1268 Invoice was for $5,800
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 SHAWN T RIDDLE 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 SHAWN T RIDDLE INVOICE
Tanner Riddle Painting Inc. [email redacted] 1514 w berridge ln (602) 430-4473 phoenix, AZ 85015 www.TannerRiddlePainting.com
Lifetime Remodeling Bill to Ship to Lifetime Remodeling Lifetime Remodeling 1034 S. Roles Dr 1034 S. Roles Dr Gilbert, AZ 85296 Gilbert, AZ 85296
Invoice details Invoice no.: 1268 Terms: Net 15 Invoice date: 03/13/2024 Due date: 03/28/2024
# Date Product or service SKU Qty Rate Amount
1. 03/11/2024 Residential Interior Repaint 1 $5,800.00 $5,800.00 2906 E. Windmere Dr. Phoenix, AZ - Full Interior Repaint drywall, doors, and trim.
Total $5,800.00 Thank you for your business! Please remit payment to address enclosed on invoice. If you have any questions or concerns don't hesitate to contact our office anytime.
Note to customer Job # / Po #: Legal New Mail - AZROC <[email redacted]>
Case 2024-05510 - Notice of No-Pay Complaint message
Becky Essary <[email redacted]> Wed, May 22, 2024 at 11:18 AM To: [email redacted]
Hello, I am writing to address the recent complaint filed by Shawn Riddle.
On May 1st, I sent a check in the amount of $5,400 to Tanner Riddle at 1514 W Berridge Lane, Phoenix, AZ 85015. Even though, there have been some discrepancies related to the spelling of my email address and company name on the insurance documents, which were listed incorrectly as additionally insured. Also the address listed on the insurance policy is incorrect. Our address is 67 S Higley Rd STE 103-107 Gilbert AZ 85296.
On May 9th, Tanner Riddle contacted my company via email, stating that he had not received the check. Unfortunately, I was out of town from May 9th to May 13th. Upon my return on May 13th, I immediately informed him via email that I would look into the matter. During this period, I was also very ill and unable to speak, as evidenced by my urgent care visit records.
By May 16th, I received a call from the ROC informing me that Shawn Riddle had filed a complaint for non-payment. When I spoke with Shaquria, it was evident that I could still barely speak. After regaining my voice over the past weekend, I called the ROC for clarification on the matter. I was advised to submit a written response, which I am now providing.
The check issued to Tanner Riddle on May 1st was for $5,400, not the $5,800 he is requesting. This discrepancy is due to the fact that he damaged the customer's table, which had to be replaced. I will attach the relevant text messages between Tanner, myself, and Grant, my supervisor on the job site.
Additionally, I will include emails demonstrating that the insurance documents were never received by my company because they were sent to an incorrectly spelled email address. I will also include text messages with us and Tanner regarding the table along with the receipt of the table and the check issued.
Thank you for your attention to this matter. Please let me know if you have any questions.
Sincerely,
Lifetime Remodeling and Custom Tile LLC 480-352-6568 ARIZONA REGISTRAR OF CONTRACTORS
July 5, 2024
Via U.S. Mail and Electronic Mail
Complainant Tanner Riddle Painting Inc. 1514 W Berridge Ln Phoenix, AZ 85015
Via U.S. Mail and Electronic Mail
Respondent Lifetime Remodeling and Custom Tile LLC DBA: Lifetime Remodeling W Combs Rd Suite 101-204 San Tan Valley, AZ 85140
Re: Complaint No. 2024-05510, License No ROC 332343
The Registrar completed its investigation of the complaint filed against Lifetime Remodeling and Custom Tile LLC alleging failure to pay in violation of A.R.S. § 32- 1154(A)(10).
A.R.S. § 32-1154(A)(10) provides it is a violation if a licensee fails “to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor….” Since Complainant filed this complaint, Respondent has made payments to Complainant, and the total amount that remains due to Complainant is less than $750. For this reason, the Registrar will not issue a citation in this matter and the complaint is dismissed.
Under § 32-1155(A), the Registrar has sole discretion whether to issue a citation for a cause for discipline.
Nothing in this letter is intended to prevent you from seeking civil remedies in a court of competent jurisdiction.
Accordingly, Complaint 2024-05510 is hereby closed.
Sincerely,
/s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel
LG108a – 07/23 ARIZONA REGISTRAR OF CONTRACTORS
Legal Department AZ Registrar of Contractors
LG108a – 07/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Case No. 2024-05510 Tanner Riddle Painting Inc.,
COMPLAINANT, CITATION v. Lifetime Remodeling and Custom Tile LLC DBA: Lifetime Remodeling, License No. ROC 332343, RESPONDENT.
The Registrar issues this Citation to Lifetime Remodeling and Custom Tile LLC DBA:
Lifetime Remodeling (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to
answer this Citation by September 7, 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 13, 2024, Tanner Riddle Painting 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:
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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 :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-05510. 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
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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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 7, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of 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 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 August 23, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 23, 2024 to: Respondent Certified Mail No: [number redacted] of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Lifetime Remodeling and Custom Tile LLC DBA: Lifetime Remodeling 85 W Combs Rd, #Ste 101-204 San Tan Valley, AZ 85140
Copy mailed by USPS First Class mail this same date to:
Respondent Lifetime Remodeling and Custom Tile LLC DBA: Lifetime Remodeling 85 W Combs Rd, #Ste 101-204 San Tan Valley, AZ 85140
Complainant Tanner Riddle Painting Inc. 1514 W Berridge Ln Phoenix, AZ 85015
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. 2024-05510 /
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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
Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) SHAWN T RIDDLE Street Address City State Zip Code 1514 W Berridge Ln Phoenix Arizona 85015 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) Lifetime Remodeling ROC 33234 Street Address City State Zip Code
Phone Number Email Address
Name of Person(s) Representing License Mark E Essary Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $5,800.00 March 13, 2024 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. Invoice date was march 13,2024. Invoice #1268 Invoice was for $5,800
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 SHAWN T RIDDLE 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 SHAWN T RIDDLE INVOICE
Tanner Riddle Painting Inc. [email redacted] 1514 w berridge ln (602) 430-4473 phoenix, AZ 85015 www.TannerRiddlePainting.com
Lifetime Remodeling Bill to Ship to Lifetime Remodeling Lifetime Remodeling 1034 S. Roles Dr 1034 S. Roles Dr Gilbert, AZ 85296 Gilbert, AZ 85296
Invoice details Invoice no.: 1268 Terms: Net 15 Invoice date: 03/13/2024 Due date: 03/28/2024
# Date Product or service SKU Qty Rate Amount
1. 03/11/2024 Residential Interior Repaint 1 $5,800.00 $5,800.00 2906 E. Windmere Dr. Phoenix, AZ - Full Interior Repaint drywall, doors, and trim.
Total $5,800.00 Thank you for your business! Please remit payment to address enclosed on invoice. If you have any questions or concerns don't hesitate to contact our office anytime.
Note to customer Job # / Po #: Received 8/8/2024 Legal Department
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111.lm r.ha1glld !ola!llr1ry 15,400 00 11am chargod a fff !otsJHng $12 00 ArJ,i1i;q Total S5.412 00
NSI= -- urETtME REMOOEUNO 4005 Thll If e LEGAL COPY of your n I, HIOl.EY AO, lt.1U4'J:r.t m choek You cen u•• it tt'lo ,amo wey you would uto tho origin&! theci< 10:,,.101 OIIJl[R'f', f.Z -� (o\7'0a'=i1. RETURN REASON-A :;:,.;;:i" \O,'l""\N;.{ ·fiee\\r. NOT SUFFICIENT FUND S, ,1 ,\?-c,o>Sano\' 0). .r<'o-t.:-o\::<ea\ Dul\.ar1 a E'-- ,.
__ IJ':! Flrc:fightrrsFlr.;t c,;.."" l,._ �Cl!l>II UNIO"' �'\ �t• •o-- _,,..,. ,. .... ,.. ts'i,troi¥..- 'cj(ct\c:::> _ ., _ ---- -·- Received 8/8/2024 Legal Department
BMO P.O.Box 94033, Palatine, IL 60094 Acct: Date: Jun 27, 2024 Advice D-100176 We are charging your account and returning unpaid Items previously deposited. REASON SEQ# ITEM AMOUNT The return reason is indicated on the check(s). NSF 1 st 937 000067 SS.400.00 Please contact 1-688-340-2265 with any questions. Consumers Only: See back for Check 21 1nformallon.
TANNER RIDDLE PAINTING INC 1514 W. BERRIDGE LANE PHOENIXAZ 85015
Item charged totalling SS, 400.00 Item charged a ree totalling $12.00 Advice Total $5,412.00
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UfETIME REMODWNQ 4005 This is a LEGAL COPY of your f7 I. HIGLEY AD. 16-71kl1:t • check. You can use it the same ITE t0).107 way you would use the original Gfl.8ERT, liZ IUN
\Ch'<'ne< -�eel�. check.
RETURN REASON-A l:d!:!.- • 1:$1 _§'_\G5.� NOT SUFFICIENT FUNDS �$£�'-JI.l1 .:z:�)�,�o �.... .. o·�\..\ ei�· ·-lllz..J.lfL½>lY.D.ro-:,Q1c\����:,:;a\21-__°"n." Q r::: c _�)Sa�;0oo E:l· REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Tanner Riddle Painting Inc., Case No. 2024-05510 COMPLAINANT, Docket No. 2024A-05510-NPC-ROC v. ORDER REOPENING CASE Lifetime Remodeling and Custom Tile LLC DBA: Lifetime Remodeling, License No. ROC 332343, RESPONDENT.
On July 7, 2024, the Registrar closed this matter because On August 8, 2024, the Registrar received an email from Complainant requesting the complaint be reopened based on Respondent’s check bouncing for insufficient funds. Complainant’s request provides sufficient grounds to reopen the complaint. Therefore, IT IS ORDERED that Case No. 2024-05510 be reopened. The Registrar will issue a Citation in due course. Dated August 23, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail August 23, 2024 to:
Respondent(s) Lifetime Remodeling and Custom Tile LLC DBA: Lifetime Remodeling W Combs Rd Suite 101-204 San Tan Valley, AZ 85140 Complainant(s) Tanner Riddle Painting Inc
of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg110 5/21 1514 W Berridge Ln Phoenix, AZ 85015
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. 2024-05510/
of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg110 5/21 pqFqDF?ÿ]DH]]ÿKL AG6G5ÿ:YÿO2NS:X6ÿL6NRÿ\ÿA96M>N26ÿOP5Q>R5ÿ963ÿ39625Pÿ6ÿYNR5ÿrDEDFEeDCÿ[:ÿK67ÿZNG6GN:XÿDEDF\EII]EÿLOV^lh4 BPYrÿWNG9ÿ7:> Received 9/3/2024 Legal Department
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9GGB3Hqq16NR4T::TR54;:1q16NRq>qEqsNbt6]EPPpeQF;uUN5WtBGu3562;9t6RRuB52113TNPt13T\YH]eEpD]vFIvC]epvvv]pu3N1BRt13T\YH]eEpD]vFIvC]epvvv]p ]q] op@p>@:ÿ%>B%%ÿDE ;A*A(ÿ5Vÿ]0HL5Q*ÿE*HKÿTÿD*2'(QAÿ]00*Q+('(QAÿ]+0(('(QAÿO(+*0IHQ+ÿR*)(ÿS51ÿ>?>@T?CC%Received ?9/3/2024 Legal Department
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4AA<)Bpp'*HK1+55+K(165'p'*HKp9p?pqHmr*%?IIosJ@6tMH(Ur<At)(*064r*KKt<(0'A4HIrA40(*ITVB%s?o>%s?@?==h%os%%@t)H'<Kr')+TVB%s?o>%s?@?==h%os%%@ %p% 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