2024A-05532-CHC-ROC Notice of Hearing & Packet MAILED 2024-05532.pdf

2024A-05532-CHC-ROC · Registrar of Contractors · 2024-10-31

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Duane Dettmann , Case No. 2024-05532

COMPLAINANT, Docket No. 2024A-05532-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Copper State Materials LLC DBA: Copper State Site Services License No. ROC 349778,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 2, 2024 1:00 PM Nicole Robinson 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 12, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(1) Charge: 2 A.R.S. § 32-1154(A)(2)(a)

Charge: 3 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 4 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 October 30, 2024.

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

Copy mailed via USPS First Class mail October 30, 2024 to:

Respondent(s) Copper State Materials LLC 871 Quarter Horse Rd Williams, AZ 86046

Complainant(s) Duane Dettmann 1293 W Coyote Ln Williams, AZ 86046

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. 2024-05532 /

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: Duane Dettmann 1293 W Coyote Ln Williams, AZ 86046

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: Copper State Materials LLC DBA: Copper State Site Services 871 Quarter Horse Rd Williams, AZ 86046

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 15, 2024

Re: Complaint No. 2024-05532

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Thursday, June 13, 2024 at 12:00 PM. 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,

Daniel Otero, Investigator #233 (928) 637-0484 [email redacted] 1700 W Washington St, Ste 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 Jobsite Inspection Notes

Case No.: 2024-05532 Investigator: Daniel Otero Inspection Date: Thursday, June 13, 2024 Inspection Time: 12:00 PM

Jobsite Address: 1293 W Coyote Ln Williams, AZ 86046

Complainant: Duane Dettmann Respondent: Copper State Not Present: Materials LLC Not Present:

Jobsite General Notes: I arrived at the complainant’s residence at the scheduled time. We proceeded to inspect the items on the complaint list and I found the following:

I took 7 photos with my State issued phones digital camera. The photos have been scanned into Salesforce as a PDF file.

PHOTOGRAPHIC and AUDIO EVIDENCE (PDF copy scanned to Salesforce, Raw Files are in Salesforce)

Present at the JSI: Representing the ROC: Investigator Otero Representing the Complainant: Duane Dettmann Representing the Respondent: Steve Fuller

There is a new drawing that is being filed to update the permit in order to make the corrections for the septic system. Once the permit is updated for the newly designed septic system, the county inspector will be involved throughout the inspection process. The permit outcome will determine corrections or approval unit the final approved inspection. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(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.R.S. § 32-1154(A)(3) - R4-9-108(c)

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: - Investigator’s Observation: Governing Rule: Not Applicable

Daniel Otero, Investigator #233 (928) 637-0484 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

Case-2024-05532-Duane Dettmann- Copper State Materials JSI Photo 1 of 7 Septic System Leach line branch Case-2024-05532-Duane Dettmann- Copper State Materials JSI Photo 2 of 7 Main drain coming out of tank Case-2024-05532-Duane Dettmann- Copper State Materials JSI Photo 3 of 7 Septic System Leach line branch That are in the neighboring property Case-2024-05532-Duane Dettmann- Copper State Materials JSI Photo 4 of 7

Septic System Leach line branch That are in the neighboring property Case-2024-05532-Duane Dettmann- Copper State Materials JSI Photo 5 of 7

Septic System Leach line branch That are in the neighboring property Case-2024-05532-Duane Dettmann- Copper State Materials JSI Photo 6 of 7

Main Septic Tank Case-2024-05532-Duane Dettmann- Copper State Materials JSI Photo 7 of 7 Dug up leach lines. Complainant: Duane Dettmann 1293 W Coyote Ln Williams, AZ 86046

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: Copper State Materials LLC DBA: Copper State Site Services 871 Quarter Horse Rd Williams, AZ 86046

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 21, 2024

License No. ROC 349778

Re:Complaint No. 2024-05532

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 Thursday, July 11, 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 reasons 1, 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:

Complaint Item: - Septic system leach field was dug incorrectly twice, second time to close to neighboring property. Investigator’s Observation: Verified. At the time of the Inspection it was observed and demonstrated the septic systems leach field was dug too close to the neighboring property, this was also confirmed by the Coconino County Development department. There is a new drawing that is being filed to update the permit in order to make the corrections for the septic system. Once the permit is updated for the newly designed septic system, the county inspector will be involved throughout the inspection process. The permit outcome will determine corrections or approval unit the final approved inspection. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building

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 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.R.S. § 32-1154(A)(3) - R4-9-108(c)

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

Complaint Item: - Investigator’s Observation: Governing Rule: Not Applicable

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

Sincerely,

Daniel Otero, Investigator #233 (928) 637-0484 [email redacted] 1700 W Washington St, Ste 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

Duane Dettmann, Case No. 2024-05532 COMPLAINANT, v. Copper State Materials LLC CITATION DBA: Copper State Site Services License No. ROC 349778,

RESPONDENT.

The Registrar issues this Citation to Copper State Materials LLC DBA: Copper State

Site Services (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this

Citation by August 27, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer

may be deemed an admission of the act or acts charged in the underlying complaint, and the

Registrar may then suspend or revoke Respondent’s license(s).

THE WRITTEN COMPLAINT

On May 13, 2024, Duane Dettmann (“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)(1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

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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)(2)(a) Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code. Charge :3 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.

Charge :4 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).

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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 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. 2024-05532. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 27, 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,

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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 then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the 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

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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 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 12, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 12, 2024 to:

Respondent Certified Mail No: [number redacted]

Copper State Materials LLC DBA: Copper State Site Services 871 Quarter Horse Rd Williams, AZ 86046

Copy mailed by USPS First Class mail this same date to: Respondent Copper State Materials LLC DBA: Copper State Site Services 871 Quarter Horse Rd of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Williams, AZ 86046 Complainant Duane Dettmann 1293 W Coyote Ln Williams, AZ 86046 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. 2024-05532

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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)

Duane Kenneth Dettmann Mailing Address (Enter jobsite in Contract/Project section) City State Zip

1293 W Coyote Ln Williams Arizona 86046 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)

Copper State Materials LLC ROC 349778 Street Address City State Zip

871 Quarter Horse Rd Williams AZ 86046 Phone Number Email

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

Stephen Fuller Contract/Project Information Contract Date Contract Amount Amount Paid

April 12, 2023 $12,434.66 $6,000.00 Date Work Started Date Work Stopped Date Work Was Completed

May 5, 2023 May 25, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

1293 W Coyote Ln Williams AZ 86046 Name of Construction Site Owner Construction Site Name (if applicable)

Duane Dettmann Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Poor Work 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 Both This project was Residential This project involved Other Septic system started and not completed, was dug to close to the neighboring property A building permit was obtained by Property Owner EQ-02-0317 Coconino County 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)

Contractor tried to get a variance change instead of correcting the error which was the leach did not meet setback requirement. of 50'. Tried to get the neighbor to sign off on an encroachment, neighbor refused, no work has been done since. Allegations Listed on Complaint:

Septic system leach field was dug incorrectly twice, second time to close to neighboring property.

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

Duane Kenneth Dettmann \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Copper State Site Services 871 Quarter Horse Rd Williams, AZ 86046 (928) 707-4144 [email redacted]

Estimate ADDRESS SHIP TO ESTIMATE 1016 Duane Dettmann Duane Dettmann DATE 04/12/2023 1293 Coyote Ln 1293 Coyote Ln EXPIRATION 04/30/2023 Williams, AZ 86046 Williams, AZ 86046 DATE

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT

Services 1000 Gal YP Precast Septic Tank 1 2,400.00 2,400.00 w/effluent filter

Services ARC ADS 35 High Capacity Drainfield 51 70.00 3,570.00 Chambers w/ end caps

Services 4" SDR 35 Line (90 Linear Ft) including 70 4.15 290.50 inspection ports

Services 4" ABS Sewer Lines (68 Linear Ft) 68 6.12 416.16

Services YP Precast Distribution Box 1 165.00 165.00

Services Fittings (ABS and SDR35) for 2 way 1 243.00 243.00 clean outs and turns.

Services Labor including as-built drawings and 1 5,350.00 5,350.00 discharge permit.

Hi Duane, SUBTOTAL 12,434.66 Attached is the estimate, I broke down each item and price shopped it. The cost of your system is mostly in the drain field and it is a little bigger than the last few TAX 0.00 I have put in as far as conventional system go. I am sure it is based on the calculation of future fixture count. The tank price is $500 off because I can get another one dropped at another location I am doing one at. TOTAL $12,434.66 Let me know if you would like to proceed.

Thank you, Steve Fuller

Accepted By

Accepted Date

Received 8/25/2024 ROC Legal

COPPER STATE SITE SERVICE 871 QUARTER HORSE RD WILLIAMS, AZ 86046 928.900.3690 [email redacted] REGESTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

DUANE DETTMANN, Case No.: 2023-13342 COMPLAINANT, V. RESPONSE: CHARGE 1, 2, 3 AND 4; MOTION TO VACATE COMPLAINT AND COPPER STATE MATERAILS LLC DISMISS CHARGES; WITNESS LIST AND Dba: COPPER STATE SITE SERVICES EXHIBIT LIST LICENSE NO. ROC 349778

RESPONDENT In response to Charge 1: Copper State Site Service (Copper State Materials LLC) herein referred to as CSSS. CSSS denies the allegation that it abandoned a contract or refusal to perform after submitting a

bid on work. CSSS had previously reached out to Mr. Dettman to inform him the work could

proceed with an approved change order. The agreement that we had was to complete a septic system designed by Summit Environmental and approved by Coconino County on 3/21/2022 by Layne Tucker. The septic was built in the footprint of the approved design but subsequently failed a final inspection because the design did not meet the requirements of A.A.C. R18-9-

A312(C). This was overlooked when the county inspector, Layne Tucker, approved the plan

submitted by Summit Environmental for the design. The original design only showed a 10ft setback in the disposal area. CSSS did not bid the 4/16/2023 revised site plan relocating the disposal field to the proper setbacks. Being that CSSS never bid the revised plan set CSSS is not Received 8/25/2024 ROC Legal

in violation of A.R.S § 32-1154(A)(1). Furthermore, there is an email chain starting from 7/13/2024-7/31/2024 detailing the issues and solutions to get the project back on track on July 30th. The language is clear in the email that CSSS has not abandoned the contract. There is refusal of the owner/builder to negotiate the new terms of a contract. The email also contains a

response from Kyle Uptergrove, with Arizona Department of Environmental Quality, stating the

design is flawed.

In response to Charge 2: CSSS also denies allegations that the company departed from or disregarded plans and

specification in material respect that is prejudicial to another without consent of the owner or the

owner’s duly authorized representative and consent of the person entitled to the particular construction project or operation completed in accordance with such plans and specifications and code in accordance with A.R.S § 32-1154(A)(2)(a). CSSS built the system inside of the approved disposal area on the approved plans. This was not a deviation from the design, it was a flawed

design and was subsequently approved by Layne Tucker with Coconino County. The original

design, submitted by Summit Environmental, and the as-built drawings, submitted by CSSS, clearly show the system was located in the approved area in accordance with permit EQ-02-0317 showing a 10 ft setback. The only deviation from the original designed plans was by the designer redrafting the site plan so it met the requirements of A.A.C. R18-9-A312(C) as you can see the

50ft setback was added to the revised drawing.

In response to Charge 3:

Received 8/25/2024 ROC Legal

CSSS denies the allegation that work was not performed in a professional and workmanlike manner. According the inspector, Brian Buzzell, Program Manager for Coconino County Environmental Quality, said CSSS’s installation of the components were flawless, but that the system was not going to be approved because the design and subsequent approval by

Layne Tucker did not meet the requirements of A.A.C. R18-9-A312(C), placing the disposal area

inside of a 50 ft setback that was not caught on the design review. Workmanship and professional standards are specific to quality of work and meeting industry standards. This work does not have a flaw in it due to workmanship or professional standards but it was a result of a flaw in design, the regulatory approval agency failing to catch the design flaw and subsequently

approving it.

In response to Charge 4: CSSS denies the allegation that it failed to take appropriate corrective action to comply with this chapter A.R.S. § 32-1154(A)(22). CSSS believes the Arizona Registrar of Contractors

inappropriately directed CSSS to bear the burden of correcting this issue when the design was

flawed and it was brought to the attention of the Arizona Registrar of Contractors, herein referred to as ROC, inspector during the investigation. Since there was no specific violation or deficiency of workmanship or professional standards on the complaint and the system design flaw was outside of the scope of CSSS, and it us unreasonable for the ROC to direct CSSS to correct the

deficiency in which they did not cause. This issue of the design flaw is the reason this septic

system’s construction was not approved and did not meet the setback requirements. This is clearly a tort law issue and should be handled as a civil matter. There is clearly more to this issue

Received 8/25/2024 ROC Legal

than wat was brought up in the complaint and written directive and how the system was built in a ft setback.

CSSS would also like to point out that the investigation conducted did not include a complete

investigation report. The ROC failed to identify who was involved, what happened, and why did

it happen. Those 3 pieces of information should have concluded that CSSS was not responsible for locating the septic system inside of the 50 ft setback and only followed the detail on the approved drawings. The inspector was provided an original approved drawing, and as-built drawing and the new design revised drawing. The inspector was provided additional information

about the septic designer and the county approval through interview. The only thing that the

inspection report contained was that CSSS built the system inside the 50 ft setback, and that was information that we already knew. There was no evidence found during the investigation that was conclusive of CSSS violating a rule of the ROC or statutory requirement.

Furthermore, CSSS feels that it is an unreasonable position of the ROC to direct a contractor to

complete a project when there is a significant change to the design or the scope. In this case the design revision requires 66 percent of the waste water disposal chambers to be relocated, moving the distribution box and removing and installing significantly more pipe than the original design and estimate. This change, due to the design flaw, accounts for about a 70 percent increase in

construction activities for the project. That would translate into a 70 percent increase in labor and

overheads. In summary directing CSSS to complete the work on the current revision, awards Mr. Dettmann $4200 in damages out of CSSS funds with no due process. It is also very concerning

Received 8/25/2024 ROC Legal

how the legal department of the ROC translated the information or lack of information provided by the inspection report into 4 charges.

This is the second case I have had with the ROC this year containing an owner/builder managing

their own project with no building experience and understanding of the requirements to complete

the project. In this case, the owner hired a designer to do the design the septic system and for CSSS to build that system. CSSS built that system per the design parameters, but the owner/ builder does not recognize that changes due to a design flaw and financial burden should not fall on the contractor. If this same situation occurred and the project was managed by a competent

general contractor, the general contractor would be expecting a change order for an increased

dollar amount to compensate CSSS for the additional construction activities performed to make the required changes. I would also expect the general contractor to take the issue up with the designer shortly after recognizing the issue.

The ROC is also allowing individuals to file complaints outside of the stature of limitations. This

compliant fails to meet the requirements of A.R.S § 32-1162(A)(2) because the project has not been completed. The project has not been completed because of the issues stated above and as of right now it is a civil issue and outside of the statutory requirement for Mr. Dettmann to make a complaint to the ROC. This should have been caught on the complaint form when the completion

date was left blank and the complaint is for “Poor Work” does not meet the requirement for

remedy violations. Upon review of this complaint, the ROC should have pointed Mr. Dettmann to take the mater to a civil court as it falls outside of the statue of limitations for remedy violations. Received 8/25/2024 ROC Legal

CSSS would like to motion the Arizona Registrar of Contractors to vacate this complaint and dismiss the charges in their entirety based on the information provided above.

CSSS is going to provide a witness list and exhibits as part of this filing in the event there is a

hearing scheduled and to provide the information that should have been included with the

inspectors report to support this response.

Witness list:

Zachery Berft EQ Specialist II (Inspector for the project) Coconino County Environmental Quality Division 928-679-8899 Mr. Berft will provide information regarding the flawed design, the approval of the

design and alteration of the design to meet the A.C.C. code. He will also provide information

regarding the construction process and how CSSS should not be held accountable for the flaw in the design and why CSSS constructed the system where it is.

Exhibit List:

1. Approved Design

2. As-built drawings from CSSS 3. New design revision of 4/26/2024 4. Copy of A.A.C. R18-9-A312(C) 5. Estimate with date prior to new design revision

6. Email between Dettmann, ROC and CSSS.

Received 8/25/2024 ROC Legal

Dated this 23 of August, 2024.

Pro Se

Exhibit 1

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Exhibit 2

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Exhibit 3

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Exhibit 4

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Exhibit 5

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Exhibit 6

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Received 8/26/24, 8:20 AM State of Arizona Mail - Case 2023-05532 Response and Motion to Dismiss 8/25/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case 2023-05532 Response and Motion to Dismiss message

[email redacted] <[email redacted]> Sun, Aug 25, 2024 at 3:29 PM To: [email redacted]

To Whom it May Concern,

Attached is the response to the citation and complaint lodged against Copper State Site Services.

Thank you,

Stephen L Fuller

928.900.3690

Authorized Dealer

Response Motion to Dismiss Witnes List Exhibit List Exhibits Case 2024-05532.pdf 1602K

https://mail.google.com/mail/b/AEoRXRTg2k9HEWzb2XuBKxJi0-ufjRV-cR5SOlsBLEJKGlNHzvpp/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Duane Dettmann, Case No. 2024-05532 COMPLAINANT,

v. ORDER DENYING RESPONDENT’S MOTION TO VACATE COMPLAINT Copper State Materials LLC AND DISMISS CHARGES DBA: Copper State Site Services, License No. ROC 349778, RESPONDENT.

BACKGROUND On August 12, 2024, the Registrar issued a Citation against Respondent’s License No. ROC 349778. On August 25, 2024, Respondent filed a document captioned “Response: Charge 1, 2, 3 and 4; Motion to Vacate Complaint and Dismiss Charges; Witness List and Exhibit List.” The Registrar treats this as Respondent’s Answer and a request to dismiss the citation. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated September 30, 2024. By: /s/ Chance Peterson Chance Peterson General Counsel Legal Department Arizona Registrar of Contractors of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 Copy mailed via USPS First Class Mail September 30, 2024 to:

Respondent Copper State Materials LLC DBA: Copper State Site Services 871 Quarter Horse Rd Williams, AZ 86046

Complainant Duane Dettmann 1293 W Coyote Ln Williams, AZ 86046

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. 2024-05532 / KR

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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