2024A-05673-NPC-ROC Notice of Hearing & Packet MAILED 2024-05673.pdf

2024A-05673-NPC-ROC · Registrar of Contractors · 2024-07-02

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Stormwater Pros LLC, Case No. 2024-05673

COMPLAINANT, Docket No. 2024A-05673-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE White and White Contracting LLC License No. ROC 289069,

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

HEARING INFORMATION The hearing is set for:

August 13, 2024 1:00 PM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on June 13, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(10)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

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

1156(B).

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

HEARING PROCEDURES AND RULES

The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and

processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via

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

HEARING PACKET

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

certain documents to the parties and the Office of Administrative Hearings. These documents

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.

The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a

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

CHANGING THE HEARING DATE

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

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

be changed by filing a written agreement of the parties to change the date of the hearing. The

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated July 2, 2024.

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

Copy mailed via USPS First Class mail July 2, 2024 to:

Respondent(s) White and White Contracting LLC 2350 E Germann Rd Suite 27 Chandler, AZ 85286

Complainant(s) Stormwater Pros LLC 1640 S Stapley Dr. #235 Mesa, AZ 85204

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. 2024-05673 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

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

May 21, 2024

Via U.S. Mail and Email

Complainant Stormwater Pros LLC 1640 S Stapley Dr #235 Mesa, AZ 85204

Via U.S. Mail and Email

Respondent White and White Contracting LLC 2350 E Germann Rd Suite 27 Chandler, AZ 85286

Re: Complaint No. 2024-05673

Dear Complainant and Respondent:

The Registrar received a complaint filed against White and White Contracting LLC for non-payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by May 29, 2024. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

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

The Registrar will not issue a citation before May 29, 2024 and will review Respondent’s response, if one is submitted.

Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

Sincerely,

/s/ Shaquira Adebule Shaquira Adebule

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

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) Penny Oakeson Street Address City State Zip Code 1640 S Stapley Dr Ste.235 Mesa Arizona 85204 Phone Number Email Address (480) 926-1003 [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) White and White Contracting LLC ROC 289069 Street Address City State Zip Code 2350 E Germann Rd Suite 27 Chandler AZ 85286 Phone Number Email Address

Name of Person(s) Representing License Stanton White Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $115,980.80 March 20, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. 9686 $925; 9687 $1025; 9688 $3382.50; 9689 $5227.50; 9690 $22287.50; 9707 $4202.50; 9801 $45687.50; 9803 $15672.50; 10013 $17570.00 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 Penny Oakeson 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 Penny Oakeson StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9686 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 3/31/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way College Ave & Curry Rd Tempe, AZ Queen Creek, AZ 85142

Job No Customer Job No Customer PO Payment Terms Due Date 2023-OC Misc 2023 Net 30 Days 4/30/2023 Quantity Description U/M Rate/Unit Price 5.00 3/23/2023 - CCTV inspection of 62.6LF of 8" clay sewer pipe HR 185.00 925.00

Subtotal $ 925.00 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 925.00

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9687 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 3/31/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way 83rd Ave & Northern Ave Glendale, AZ Queen Creek, AZ 85142

Job No Customer Job No Customer PO Payment Terms Due Date 2023-OC Misc 2023 Net 30 Days 4/30/2023 Quantity Description U/M Rate/Unit Price 5.00 3/27/2023 - Hydrovac clean 6 manholes HR 205.00 1,025.00

Subtotal $ 1,025.00 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 1,025.00

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9688 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 3/31/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way N. Citrus Rd & Olive Wadell, AZ 85355 Queen Creek, AZ 85142

Job No Customer Job No Customer PO Payment Terms Due Date 2023-OC Misc 2023 Net 30 Days 4/30/2023 Quantity Description U/M Rate/Unit Price 16.50 Hydro excavation per customer requests: HR 205.00 3,382.50 3/22/2023 - 6 hrs 3/28/2023 - 10.5 hrs

Subtotal $ 3,382.50 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 3,382.50

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9689 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 3/31/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way S. Citrus Rd & W. Broadway Rd Goodyear, AZ Queen Creek, AZ 85142

Job No Customer Job No Customer PO Payment Terms Due Date 2023-OC Misc 2023 Net 30 Days 4/30/2023 Quantity Description U/M Rate/Unit Price 25.50 Hydrojet 7500LF of 8" sewer line: HR 205.00 5,227.50 3/20/2023 - 10 hrs 3/21/2023 - 10 hrs 3/27/2023 - 5.5 hrs

Subtotal $ 5,227.50 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 5,227.50

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9690 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 3/31/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way S. Apache Rd & W. Southern Ave Buckeye, AZ Queen Creek, AZ 85142

Job No Customer Job No Customer PO Payment Terms Due Date 2023-OC Misc 2023 Net 30 Days 4/30/2023 Quantity Description U/M Rate/Unit Price 64.50 Hydrojet clean 8" clay sewer lines: HR 205.00 13,222.50 3/13/2023 - 12 hrs 3/14/2023 - 13 hrs 3/15/2023 - 5.5 hrs 3/20/2023 - 9 hrs 3/27/2023 - 12.5 hrs 3/28/2023 - 11.5 hrs

49.00 CCTV inspection of 8" clay sewer lines: HR 185.00 9,065.00 3/14/2023 - 11.5 hrs 3/20/2023 - 12 hrs 3/21/2023 - 6.5 hrs 3/27/2023 - 6.5 hrs 3/282/2023 - 12.5 hrs

Subtotal $ 22,287.50 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 22,287.50

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9707 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 4/28/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way N. Citrus Rd & Olive Rd Wadell, AZ 85355 Queen Creek, AZ 85142

Job No Customer Job No Customer PO Payment Terms Due Date 2023-OC Misc 2023 Net 30 Days 5/28/2023 Quantity Description U/M Rate/Unit Price 20.50 Hydro excavation per customer requests: HR 205.00 4,202.50 4/3/2023 - 10.5 hrs 4/4/2023 - 10 hrs

Subtotal $ 4,202.50 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 4,202.50

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9801 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 4/30/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way S. Citrus Rd & W. Broadway Rd Goodyear, AZ 85338 Queen Creek, AZ 85142

Job No Customer Job No Customer PO Payment Terms Due Date 2023-OC Misc 2023 Net 30 Days 5/30/2023 Quantity Description U/M Rate/Unit Price 136.50 Hydrojet clean 8" sewer line and laterals: HR 205.00 27,982.50 4/3/2023 - 10 hrs 4/4/2023 - 6 hrs 4/10/2023 - 12 hrs 4/11/2023 - 10 hrs 4/12/2023 - 11 hrs 4/13/2023 - 11.5 hrs 4/14/2023 - 10 hrs

4/17/2023 - 9 hrs 4/18/2023 - 3 hrs 4/25/2023 - 10.5 4/26/2023 - 12 hrs 4/27/2023 - 14 hrs 4/28/2023 - 11.5 4/29/2023 - 6 hrs

88.50 CCTV inspection of 8" and 10" PVC sewer lines: HR 185.00 16,372.50 4/10/2023 - 14 hrs 4/11/2023 - 10 hrs 4/12/2023 - 11 hrs 4/18/2023 - 9 hrs

4/25/2023 - 4.5 hrs 4/26/2023 - 8.5 hrs 4/27/2023 - 14 hrs 4/28/2023 - 11.5 hrs 4/29/2023 - 6 hrs StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9801 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 4/30/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way S. Citrus Rd & W. Broadway Rd Goodyear, AZ 85338 Queen Creek, AZ 85142

Job No Customer Job No Customer PO Payment Terms Due Date 2023-OC Misc 2023 Net 30 Days 5/30/2023 Quantity Description U/M Rate/Unit Price 6.50 Hydro excavate per customer instructions: HR 205.00 1,332.50 4/14/2023 - 6.5 hrs

Subtotal $ 45,687.50 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 45,687.50

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9803 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 4/30/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way S. Apache Rd & W. Southern Ave Buckeye, AZ 85326 Queen Creek, AZ 85142

Job No Customer Job No Customer PO Payment Terms Due Date 2023-OC Misc 2023 Net 30 Days 5/30/2023 Quantity Description U/M Rate/Unit Price 57.50 Hydrojet clean 8" sewer lines: HR 205.00 11,787.50 4/6/2023 - 9.5 hrs 4/18/2023 - 3 hrs 4/19/2023 - 10 hrs 4/20/2023 - 4 hrs 4/21/2023 - 10.5 hrs 4/24/2023 - 11 hrs 4/26/2023 - 9.5 hrs

21.00 CCTV inspection of 8" sewer lines: HR 185.00 3,885.00 4/18/2023 - 9 hrs 4/19/2023 - 7 hrs 4/24/2023 - 5 hrs

Subtotal $ 15,672.50 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 15,672.50

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 10013 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 5/31/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way S. Apache Rd & W. Southern Ave Buckeye, AZ 85326 Queen Creek, AZ 85142

Job No Customer Job No Customer PO Payment Terms Due Date 2023-OC Misc 2023 Net 30 Days 6/30/2023 Quantity Description U/M Rate/Unit Price 46.00 Hydrojet 6800LF of 8" sewer lines: HR 205.00 9,430.00 5/2/2023 - 9.5 hrs 5/3/2023 - 14 hrs 5/4/2023 - 12.5 hrs 5/5/2023 - 10 hrs

44.00 CCTV inspection of 8" PVC sewer lines: HR 185.00 8,140.00 5/2/2023 - 9.5 hrs 5/3/2023 - 14 hrs 5/4/2023 - 11.5 hrs 5/5/2023 - 9 hrs

Subtotal $ 17,570.00 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 17,570.00

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* Received 5/29/24, 9:50 AM State of Arizona Mail - No Pay Complaint - 2024-05673 5/28/2024 ROC Legal

Legal New Mail - AZROC <[email redacted]>

No Pay Complaint - 2024-05673 message

Tyler White <[email redacted]> Tue, May 28, 2024 at 7:29 PM To: "[email redacted]" <[email redacted]> Cc: Stanton White <[email redacted]>, Johnnie Wuertz <[email redacted]>

Hello,

I am writing in response to the No Pay Complaint 2024-05673 filed by Stormwater Pros. I will attempt to address their claims in a concise manner.

Stormwater Pros (SWP) makes claim they are owed $115,980.80. However, in emails provided by SWP, they directly refute this dollar amount. In an email from Penny Oakeson on 11/28/23 she said "Management is willing to take $29,847.50 for El Cidro...This would be a grand total of $94,912.50." That is nearly 50% less than what they billed on the project.

The complaint states they were not paid for materials or services rendered. Unfortunately the service they provided was rife with defects and was rejected by the City of Goodyear. This is shown clearly in the emails provided by SWP, and again attached herein.

The deficiencies are too numerous to list here, however they are summarized in the email attached as "WW - 22005 El Cidro PH2 Parcel 1A - Goodyear Email". This is a forwarded email directly from the City of Goodyear inspector responsible for review of hydrovac and CCTV sewer footage.

In further emails from myself to Penny Oakeson I highlighted some of the issues we faced with SWP. Juan Fletes is allegedly the Director of HVAC & CCTV Field Operations but would not answer numerous phone calls or emails. I was told he would be by our office to review CCTV footage in order to help us make sense of it after Goodyear outright rejected the work.

The Algodon project is the 2nd of the two projects we have numerous issues with. In fact, we were unable to review CCTV or hydrovac reports from SWP, and none were provided to the City of Buckeye inspector. This was pointed out to Penny Oakeson via email as well. Another concern is Tina Stowe, SWP employee, emailing to us on 06/07/23 that she would "release the videos in exchange for payment" which is tantamount to extortion, considering we never got a physical copy, nor did the inspector, as is common industry practice. It is unheard of to pay for CCTV and hydrovac services BEFORE services were inspected and approved by the city or governing municipality.

In an email on 11/27/23 to Penny Oakeson I brought up our issues with the Algodon billing. These items were dismissed and never addressed by SWP. job sheets for Algodon were never provided.

White and White has stated and is still willing to pay for work that was correctly completed. However we are not responsible for improper billing, fraudulent billing, and work that was rejected and not corrected.

Below are the amounts we believe should be paid. We do not have a response, complete hydrovac and CCTV package, or the job sheets for Algodon, so it is difficult to pin that number down as accurately as the other project. However I took the same % they agreed to for El Cidro and applied it to that project because both had the same issues, defects, and improper billing issues.

EL CIDRO $ 29,847.50 CAMDEN $ 925.00 OW RANCH $ 1,025.00 ZANJERO $ 7,585.00 ALGODON $ 32,000.00

https://mail.google.com/mail/b/AEoRXRRdFaOIp_GhFTwpY5xHao8DX3LkQ0HgRR8r1xsmxGoAX8JD/u/0/?ik=d3afebeda9&view=pt&search=all&per… 1/2 Received 5/29/24, 9:50 AM State of Arizona Mail - No Pay Complaint - 2024-056735/28/2024 We would like to resolve this issue with SWP and get a payment sent out, however we cannot pay for workROC thatLegal was rejected and deficient. Your help in this matter is greatly appreciated.

Thank you,

Tyler White Vice President

White and White Contracting 2350 E. Germann Rd. Suite 27 Chandler, AZ 85286 Office - (480) 306-7210 Cell - (480) 612-7662

attachments WW - 22005 El Cidro PH2 Parcel 1A - Goodyear Email.pdf 148K WW - Wolverine El Cidro Invoices.pdf 4404K WW - AIMS El Cidro Invoices.pdf 476K WW - 22010 Algodon 2 and 3 - WW Email to SWP.pdf 182K

https://mail.google.com/mail/b/AEoRXRRdFaOIp_GhFTwpY5xHao8DX3LkQ0HgRR8r1xsmxGoAX8JD/u/0/?ik=d3afebeda9&view=pt&search=all&per… 2/2 Fwd: El Cidro Ph 2 Parc 1A Sewer Camera Review Received 5/28/2024 ROC Legal

Subject: Fwd: El Cidro Ph 2 Parc 1A Sewer Camera Review From: Tyler Kent White <[email redacted]> Date: 6/7/23, 10:10 AM To: Tina Stowe <[email redacted]>, Juan Fletes <[email redacted]>, Glen Millett <[email redacted]> CC: Stanton White <[email redacted]>

Here are the Goodyear notes on the camera and hydrovac that were failed at El Cidro.

Tyler White Vice President

White and White Contracting PO Box 504 Queen Creek, AZ 85142 Oﬃce - (480) 306-7210 Cell - (480) 612-7662 License No. 289069

-------- Forwarded Message -------- Subject:El Cidro Ph 2 Parc 1A Sewer Camera Review Date:Wed, 17 May 2023 21:58:11 +0000 From:Howard Strassburg <[email redacted]> To:Joshua Winder <[email redacted]>, [email redacted] <[email redacted]>, [email redacted] <[email redacted]>, [email redacted] <[email redacted]> CC:DiCicco, Mark <[email redacted]>, Blaine Miller <[email redacted]>

Team,

I have completed the review of the Parcel 1A Sewer Camera. The following is a summary of deﬁciencies / ﬁndings:

-MH 6-5: Low Wyes @ 4.9’ and 23.2” -MH 5-4: Low Wyes @ 226.7’, 232.4’, and 285.2 -MH 4-3: Wye / 45 Separa^ng @ 123.9’ / Pipe Damage (3 o’clock) @ 134.7’ / Pipe not fully seated in Wye (Bad Cut??) @ 300.1’ / Pipe not fully seated in Wye and Dirt in Service @ 357.2’ -MH 3-2: Wye Low and Dirt in Service @ 20.9’ / Dirt in Service @ 75.2’ / Wye Low @ 124.6’ -MH 2-1: Debris in Service @ 3.6’ -MH 1-22: Damage to Pipe @ 1’ and 24’ (leb side) Wye / 45 Separa^ng @ 40.6’ -MH 19-18: Low Wyes @ 211.3’ and 273.4’ -MH 10-9: Low Wye @ 272.4’ -MH 18-17: Low Wyes @ 113.7’ and 167’ / Camera inspec^on makes a note about dirt @ 200.3’ (Not a concern) -MH 7-12: Wye / 45 separa^ng and service not seated fully in 45 @ 74.5’ /Pipe not seated fully in Wye @ 343’ (Bad Cut??)

of 3 8/7/23, 8:26 AM Fwd: El Cidro Ph 2 Parc 1A Sewer Camera Review Received 5/28/2024 ROC Legal -MH 13-12: Wye / 45 separa^ng and Dirt in Service @ 93.6’

The following manholes are noted to be holding water (not measured) and / or contain services that are either not visible or contain dirt: -MH 1: Water / Debris in service -MH 11: Water / Dirt in Service -MH 19: Service not visible -MH 10: Service not visible -MH 16: Service not visible -MH 15: Water -MH 24: Services (2) not visible -MH 14: Water / Service not visible -MH 23: Service not visible -MH 3A: Water -MH Exis^ng: NOT PLUGGED

I recommend sefng up an inspec^on to evaluate each of these manholes prior to pave. It might not be good idea to wait for a ﬁnal.

I have a couple of general observa^ons / notes as well:

-The camera was set up with steel serrated wheels. These are not to be used in plas^c pipe. There is signiﬁcant scarring noted in the camera review. We will need to inspect to determine if pipe needs to be replaced. -The camera operator failed to include the measurements for the Sag gauge. This is a requirement. There was no 5/8” mark (which is the max allowable sag on an 8” line). The camera failed due to lack of sag gauge.

Any ques^ons or clariﬁca^ons needed, please let me know.

Thanks,

Howard Strassburg Construction Inspector II Inspections / Development Services Department City of Goodyear, Arizona

City of Goodyear, Arizona Goodyear, AZ 85338 1900 North Civic Square Goodyear, AZ 85395

m 602-402-8935 w goodyearaz.gov e [email redacted]

The City of Goodyear has gone digital! The new electronic plan review system is live and allows electronic submi6al of Planning & Zoning, Civil Engineering, and Building Safety applicaAons through our new Development Center.

of 3 8/7/23, 8:26 AM Fwd: El Cidro Ph 2 Parc 1A Sewer Camera Review Received 5/28/2024 ROC Legal

All messages created in this system belong to the City of Goodyear and should be considered a public record subject to disclosure under Arizona Public Records Law (A.R.S. 39-121). City employees, City public officials, and those who generate E-mail to them, should have no expectation of privacy related to the use of this technology. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.

of 3 8/7/23, 8:26 AM Re: Meeting Received 5/28/2024 ROC Legal

Subject: Re: Meeting From: Tyler Kent White <[email redacted]> Date: 11/27/23, 2:36 PM To: Cindy Johnson <[email redacted]>, Penny Oakeson <[email redacted]>

Hey Cindy,

What is the second 04/14 HV hours you show for El Cidro? I don't have a bill for the one that is 6.5 hours, just the 10 hours from the same day. Deducting that would bring us to a grand total of $29,847.50 - will that work for you?

On Algodon here are my notes -

- Dates and times on the pipe run reports don't make much sense but tried to just go off of time stamps shown.

- only have SWP customer job sheets for 04/06, 04/18, 04/19, and 04/20. Can we get the additional sheets?

- Hydrovac was 50-60% slower on Algodon when compared to hydrovac footages from El Cidro, I'm not sure what would have caused this huge decrease

- PH2 03/14/23 MH3 to MH11 took 1 hour to complete 150LF. All other runs were significantly less. What was the delay? 1.5hr delay to go from MH3-4 to MH13-12.

- On PH2 March 20th 2023 CCTV averaged around 2 LF per minute, why so low? Around 1.5hr down time going from MH13-14 to 14-15. Looks like another 1hr down time between MH4-5 and getting to MH16-17. 1.5hr down time from MH16-17 to MH17-18. Another 1.5hr down time from MH17-18 to MH19-20 run. Lines were hydrovac'd for 3 days prior to CCTV. PH2 is only 6,100 LF of pipe, should have been spotless after 30 hours of cleaning so I'm not sure what took so long between CCTV runs.

- PH2 03/21/23 CCTV averaged around 1.5 LF per minute. Inspection report shows 11:43am start time, 12:38PM end time. What took up the remaining 5.5 hours of billing?

- PH2 03/28/23 1.5hr down time from MH21-6 and MH5-6 runs.

The Algodon customer job sheets will possibly help me understand this one better. I am just not able to understand how it took 168 hours to hydrovac 10,000 LF of new mainline sewer and another 114 hours to CCTV it. Looking at similar projects over the past year the average is about half those hours to clean and camera.

of 6 5/28/24, 7:03 PM Re: Meeting Received 5/28/2024 ROC Legal

Tyler White Vice President

White and White Contracting PO Box 504 Queen Creek, AZ 85142 Office - (480) 306-7210 Cell - (480) 612-7662 License No. 289069

On 11/1/23 7:28 AM, Cindy Johnson wrote: Let me know if you need me to come by to go over anything.

Thank you!

Sent from my iPhone

On Oct 31, 2023, at 4:41 PM, Penny Oakeson <[email redacted]> wrote:

Thank you very much

Respectfully,

Penny Oakeson Controller O: 480-926-1003 F: 480-813-9612

of 6 5/28/24, 7:03 PM Re: Meeting Received 5/28/2024 ROC Legal

Utah & Arizona's market leader in drywell installation and storm infrastructure maintenance. UT DOPL #9841649 | 380 E. Deer Ridge Dr. | Midway, UT 84049 AZ ROC #269340 | 1640 S. Stapley Dr., Ste. 235 | Mesa, AZ 85204

www.stormwaterprosllc.com

From: Tyler White <[email redacted]> Sent: Tuesday, October 31, 2023 4:14 PM To: Penny Oakeson <[email redacted]>; Cindy Johnson <[email redacted]> Subject: Re: FW: MeeOng

Sorry guys! Yes I will get everything over to you tomorrow. Month end is always a mad scramble with billings.

Tyler White Vice President

White and White Contracting PO Box 504 Queen Creek, AZ 85142 Office - (480) 306-7210

of 6 5/28/24, 7:03 PM Re: Meeting Received 5/28/2024 ROC Legal Cell - (480) 612-7662 License No. 289069

On 10/31/23 8:11 AM, Penny Oakeson wrote: Hi Tyler,

Do you have any update you might be able to share with us?

Respectfully,

Penny Oakeson Controller O: 480-926-1003 F: 480-813-9612

www.stormwaterprosllc.com From: Penny Oakeson <[email redacted]> Sent: Monday, October 30, 2023 9:17 AM To: Tyler White <[email redacted]> Cc: Cindy Johnson <[email redacted]> Subject: Re: MeeOng

of 6 5/28/24, 7:03 PM Re: Meeting Received 5/28/2024 ROC Legal

Good morning, Tyler

Please let me know if you have had an opportunity to review the documents and if you have an update.

Thank you so much

Respectfully,

Penny Oakeson Controller O: 480-926-1003 F: 480-813-9612

www.stormwaterprosllc.com

From: Penny Oakeson Sent: Thursday, October 26, 2023 9:23 AM To: Tyler White <[email redacted]> Cc: Cindy Johnson <[email redacted]> Subject: MeeOng

of 6 5/28/24, 7:03 PM Re: Meeting Received 5/28/2024 ROC Legal

Good morning, Tyler.

Have you had an opportunity to review the informaOon that we provided to you last Friday?

If so, could you please give us an update?

Thank you.

Respectfully,

Penny Oakeson Controller O: 480-926-1003 F: 480-813-9612

www.stormwaterprosllc.com

of 6 5/28/24, 7:03 PM Received 5/28/2024 ROC Legal ,QYRLFH (9HUGH*URYH9LHZ 'DWH ,QYRLFH 6XLWH 6FRWWVGDOH$=

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$,06&RPSDQLHVLVKDSS\WRDFFHSWFUHGLWFDUG SD\PHQWVZLWKQRIHHDVVHVVHG Received 5/28/2024 ROC Legal Invoice Date Invoice # 1/12/2023 5026C

Wolverine Daylighting LLC 24029 N 91ST AVE Peoria AZ 85383 Bill To Job Location White and White Contracting CITRUS & BROADWAY 2350 E Germann Rd. Suite 27 PHASE 2 Chandler, AZ 85286

Ticket # P.O. # Terms Ordered By Due Date

7509 EL CIDRO PHASE 2 Net 30 SOCORRO 2/11/2023

Serviced Item Description Quantity Rate Amount

1/12/2023 CCTV Services per ft. CAMERA MAIN LINE 2,031 0.65 1,320.15 1/12/2023 Fuel Surcharge 1 132.56 132.56

PAYMENT TERMS: Net 30 days unless prior or other arrangements have been made. All invoices past Total $1,452.71 days late will be subject to 1.5% monthly (interest) based on 18% annual interest. Received 5/28/2024 ROC Legal Invoice Date Invoice # 4/5/2023 8305C

Wolverine Daylighting LLC 24029 N 91ST AVE

Bill To Job Location White and White Contracting CITRUS & BROADWAY 2350 E Germann Rd. Suite 27 Chandler, AZ 85286

Ticket # P.O. # Terms Ordered By Due Date

4568 EL CIDRO Net 30 SOCCORO 5/5/2023

Serviced Item Description Quantity Rate Amount

4/5/2023 CCTV Services per ft. CCTV SERVICES PARCELS 1D & 1E 3,325.03 0.65 2,161.27 COMPLETED 4/5/2023 Fuel Surcharge FFS 1 216.12 216.12

American Heart Month. Total $2,377.39

Join us March 25th to walk in hornor of the ones near & dear to us.

Do your heart some good and make a donation today. Sincerely, Wolverine Daylighting Go here to donate now: https://bndfr.com/YCs9p Received 5/28/2024 ROC Legal Invoice Date Invoice # 2/17/2023 5415

Wolverine Daylighting LLC 24029 N 91ST AVE Peoria AZ 85383 Bill To Job Location White and White Contracting CITRUS & BROADWAY 2350 E Germann Rd. Suite 27 Chandler, AZ 85286

Ticket # P.O. # Terms Ordered By Due Date

7874 EL CIDRO Net 30 SOCORRO 3/19/2023

Serviced Item Description Quantity Rate Amount

2/17/2023 Line Cleaning per ft CLEANED ALL LINES 1F 1,958 0.70 1,370.60 2/17/2023 Fuel Surcharge 1 137.06 137.06 2/17/2023 Water 1 60.00 60.00

PAYMENT TERMS: Net 30 days unless prior or other arrangements have been made. All invoices past Total $1,567.66 days late will be subject to 1.5% monthly (interest) based on 18% annual interest. Received 5/28/2024 ROC Legal Invoice Date Invoice # 2/17/2023 5383C

Wolverine Daylighting LLC 24029 N 91ST AVE Peoria AZ 85383 Bill To Job Location White and White Contracting CITRUS & BROADWAY 2350 E Germann Rd. Suite 27 Chandler, AZ 85286

Ticket # P.O. # Terms Ordered By Due Date

6699 EL CIDRO Net 30 SOCORRO 3/19/2023

Serviced Item Description Quantity Rate Amount

2/17/2023 CCTV Services per ft. PHASE 2 PARCEL 1F 2,371 0.65 1,541.15 2/17/2023 Fuel Surcharge 1 154.12 154.12

PAYMENT TERMS: Net 30 days unless prior or other arrangements have been made. All invoices past Total $1,695.27 days late will be subject to 1.5% monthly (interest) based on 18% annual interest. Received 5/28/2024 ROC Legal Invoice Date Invoice # 1/14/2023 5024C

Wolverine Daylighting LLC 24029 N 91ST AVE Peoria AZ 85383 Bill To Job Location White and White Contracting EL CIDRO 2350 E Germann Rd. Suite 27 PHASE 2 Chandler, AZ 85286

Ticket # P.O. # Terms Ordered By Due Date

7511 EL CIDRO Net 30 SOCCORO 2/13/2023

Serviced Item Description Quantity Rate Amount

1/14/2023 CCTV Services per ft. 3,124.4 0.65 2,030.86 1/14/2023 Fuel Surcharge 1 203.08 203.08

PAYMENT TERMS: Net 30 days unless prior or other arrangements have been made. All invoices past Total $2,233.94 days late will be subject to 1.5% monthly (interest) based on 18% annual interest. Received 5/28/2024 ROC Legal Invoice Date Invoice # 1/14/2023 5023

Wolverine Daylighting LLC 24029 N 91ST AVE Peoria AZ 85383 Bill To Job Location White and White Contracting EL CIDRO-PHASE 2 2350 E Germann Rd. Suite 27 CITRUS & BROADWAY Chandler, AZ 85286

Ticket # P.O. # Terms Ordered By Due Date

4373 EL CIDRO-PHAS... Net 30 SCORER 2/13/2023

Serviced Item Description Quantity Rate Amount

1/14/2023 Line Cleaning per ft CLEANED 8" NEW SEWER LINES 3,124 0.70 2,186.80 1/14/2023 Fuel Surcharge 1 218.68 218.68

PAYMENT TERMS: Net 30 days unless prior or other arrangements have been made. All invoices past Total $2,405.48 days late will be subject to 1.5% monthly (interest) based on 18% annual interest. Received 5/28/2024 ROC Legal Invoice Date Invoice # 1/12/2023 5027

Wolverine Daylighting LLC 24029 N 91ST AVE Peoria AZ 85383 Bill To Job Location White and White Contracting CITRUS & BROADWAY 2350 E Germann Rd. Suite 27 EL CIDRO Chandler, AZ 85286

Ticket # P.O. # Terms Ordered By Due Date

7471 EL CIDRO Net 30 SOCORRO 2/11/2023

Serviced Item Description Quantity Rate Amount

1/12/2023 Line Cleaning per ft JET VAC NEW SEWER LINE 2,031 0.70 1,421.70 1/12/2023 Fuel Surcharge 1 142.17 142.17

PAYMENT TERMS: Net 30 days unless prior or other arrangements have been made. All invoices past Total $1,563.87 days late will be subject to 1.5% monthly (interest) based on 18% annual interest. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-05673 Stormwater Pros LLC,

COMPLAINANT, CITATION v. White and White Contracting LLC License No. ROC 289069, RESPONDENT.

The Registrar issues this Citation to White and White Contracting LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 28, 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 16, 2024, Stormwater Pros LLC (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: 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

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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 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. 2024-05673. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than June 28, 2024.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). 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

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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 written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated June 13, 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, June 13, 2024 to:

Respondent Certified Mail No: [number redacted] White and White Contracting LLC 2350 E Germann Rd Suite 27 Chandler, AZ 85286

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy mailed by USPS First Class mail this same date to: Respondent White and White Contracting LLC 2350 E Germann Rd Suite 27 Chandler, AZ 85286 Complainant Stormwater Pros LLC 1640 S Stapley Dr #235 Mesa, AZ 85204 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. 2024-05673 / sa

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Printed Name Signature Date Penny Oakeson StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9686 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 3/31/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way College Ave & Curry Rd Tempe, AZ Queen Creek, AZ 85142

Subtotal $ 925.00 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 925.00

Thank you for your business!

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way 83rd Ave & Northern Ave Glendale, AZ Queen Creek, AZ 85142

Subtotal $ 1,025.00 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 1,025.00

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9688 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 3/31/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way N. Citrus Rd & Olive Wadell, AZ 85355 Queen Creek, AZ 85142

Subtotal $ 3,382.50 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 3,382.50

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9689 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 3/31/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way S. Citrus Rd & W. Broadway Rd Goodyear, AZ Queen Creek, AZ 85142

Subtotal $ 5,227.50 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 5,227.50

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9690 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 3/31/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way S. Apache Rd & W. Southern Ave Buckeye, AZ Queen Creek, AZ 85142

49.00 CCTV inspection of 8" clay sewer lines: HR 185.00 9,065.00 3/14/2023 - 11.5 hrs 3/20/2023 - 12 hrs 3/21/2023 - 6.5 hrs 3/27/2023 - 6.5 hrs 3/282/2023 - 12.5 hrs

Subtotal $ 22,287.50 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 22,287.50

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9707 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 4/28/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way N. Citrus Rd & Olive Rd Wadell, AZ 85355 Queen Creek, AZ 85142

Subtotal $ 4,202.50 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 4,202.50

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9801 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 4/30/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way S. Citrus Rd & W. Broadway Rd Goodyear, AZ 85338 Queen Creek, AZ 85142

4/17/2023 - 9 hrs 4/18/2023 - 3 hrs 4/25/2023 - 10.5 4/26/2023 - 12 hrs 4/27/2023 - 14 hrs 4/28/2023 - 11.5 4/29/2023 - 6 hrs

88.50 CCTV inspection of 8" and 10" PVC sewer lines: HR 185.00 16,372.50 4/10/2023 - 14 hrs 4/11/2023 - 10 hrs 4/12/2023 - 11 hrs 4/18/2023 - 9 hrs

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way S. Citrus Rd & W. Broadway Rd Goodyear, AZ 85338 Queen Creek, AZ 85142

Subtotal $ 45,687.50 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 45,687.50

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 9803 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 4/30/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way S. Apache Rd & W. Southern Ave Buckeye, AZ 85326 Queen Creek, AZ 85142

21.00 CCTV inspection of 8" sewer lines: HR 185.00 3,885.00 4/18/2023 - 9 hrs 4/19/2023 - 7 hrs 4/24/2023 - 5 hrs

Subtotal $ 15,672.50 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 15,672.50

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* StormWater Pros LLC Invoice 1640 S. Stapley Drive #235 Mesa, AZ 85204 Invoice Number 10013 Phone: (480) 926-1003 Invoice Date Fax: (480) 813-9612 5/31/2023

Bill To: White and White Contracting Re: 2023 ON CALL WORK 19637 E. Oriole Way S. Apache Rd & W. Southern Ave Buckeye, AZ 85326 Queen Creek, AZ 85142

44.00 CCTV inspection of 8" PVC sewer lines: HR 185.00 8,140.00 5/2/2023 - 9.5 hrs 5/3/2023 - 14 hrs 5/4/2023 - 11.5 hrs 5/5/2023 - 9 hrs

Subtotal $ 17,570.00 Sales Tax (if applicable) $ 0.00 Retainage 0.00

Total Due $ 17,570.00

Thank you for your business!

Please refer all inquiries and/or remittance to [email redacted] *Payment by credit card is subject to a 3.7% convenience fee.* Received 6/18/24, 9:02 AM State of Arizona Mail - No Pay Complaint - 2024-05673 6/17/2024 ROC Legal

Answers - AZROC <[email redacted]>

No Pay Complaint - 2024-05673 message

Tyler White <[email redacted]> Mon, Jun 17, 2024 at 5:50 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Stanton White <[email redacted]>, Johnnie Wuertz <[email redacted]>

Hello,

I am writing in response to the No Pay Complaint 2024-05673 filed by Stormwater Pros. I will attempt to address their claims in a concise manner.

I have also attached SWP competitor invoices for the same project. You can see AIMS Companies came in after SWP to clean what they could not, and they did it in 80% less time, and for 80% less the cost. I do not believe we owe them payment for sewer cleaning work they billed for when the sewer was not actually cleaned.

In an email on 11/27/23 to Penny Oakeson I brought up our issues with the Algodon billing. These items were dismissed and never addressed by SWP. job sheets for Algodon were never provided.

EL CIDRO $ 29,847.50 CAMDEN $ 925.00 OW RANCH $ 1,025.00

https://mail.google.com/mail/b/AEoRXRT4l-02SqEaej7U4BJhG0yLuiEy5jb7IpIRcKArNrE-xxZX/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 1/2 Received 6/18/24, 9:02 AM State of Arizona Mail - No Pay Complaint - 2024-05673 6/17/2024 ROC Legal ZANJERO $ 7,585.00 ALGODON $ 32,000.00

We would like to resolve this issue with SWP and get a payment sent out, however we cannot pay for work that was rejected and deficient, and in some instances not even done. Your help in this matter is greatly appreciated.

Thank you,

Tyler White Vice President

White and White Contracting 2350 E. Germann Rd. Suite 27 Chandler, AZ 85286 Office - (480) 306-7210 Cell - (480) 612-7662

https://mail.google.com/mail/b/AEoRXRT4l-02SqEaej7U4BJhG0yLuiEy5jb7IpIRcKArNrE-xxZX/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 2/2 Fwd: El Cidro Ph 2 Parc 1A Sewer Camera Review Received 6/17/2024 ROC Legal

Here are the Goodyear notes on the camera and hydrovac that were failed at El Cidro.

Tyler White Vice President

White and White Contracting PO Box 504 Queen Creek, AZ 85142 Oﬃce - (480) 306-7210 Cell - (480) 612-7662 License No. 289069

Team,

I have completed the review of the Parcel 1A Sewer Camera. The following is a summary of deﬁciencies / ﬁndings:

of 3 8/7/23, 8:26 AM Fwd: El Cidro Ph 2 Parc 1A Sewer Camera Review Received 6/17/2024 ROC Legal -MH 13-12: Wye / 45 separa^ng and Dirt in Service @ 93.6’

I recommend sefng up an inspec^on to evaluate each of these manholes prior to pave. It might not be good idea to wait for a ﬁnal.

I have a couple of general observa^ons / notes as well:

Any ques^ons or clariﬁca^ons needed, please let me know.

Thanks,

Howard Strassburg Construction Inspector II Inspections / Development Services Department City of Goodyear, Arizona

City of Goodyear, Arizona Goodyear, AZ 85338 1900 North Civic Square Goodyear, AZ 85395

m 602-402-8935 w goodyearaz.gov e [email redacted]

of 3 8/7/23, 8:26 AM Fwd: El Cidro Ph 2 Parc 1A Sewer Camera Review Received 6/17/2024 ROC Legal

of 3 8/7/23, 8:26 AM Re: Meeting Received 6/17/2024 ROC Legal

Subject: Re: Meeting From: Tyler Kent White <[email redacted]> Date: 11/27/23, 2:36 PM To: Cindy Johnson <[email redacted]>, Penny Oakeson <[email redacted]>

Hey Cindy,

On Algodon here are my notes -

- Dates and times on the pipe run reports don't make much sense but tried to just go off of time stamps shown.

- only have SWP customer job sheets for 04/06, 04/18, 04/19, and 04/20. Can we get the additional sheets?

- Hydrovac was 50-60% slower on Algodon when compared to hydrovac footages from El Cidro, I'm not sure what would have caused this huge decrease

- PH2 03/14/23 MH3 to MH11 took 1 hour to complete 150LF. All other runs were significantly less. What was the delay? 1.5hr delay to go from MH3-4 to MH13-12.

- PH2 03/21/23 CCTV averaged around 1.5 LF per minute. Inspection report shows 11:43am start time, 12:38PM end time. What took up the remaining 5.5 hours of billing?

- PH2 03/28/23 1.5hr down time from MH21-6 and MH5-6 runs.

of 6 5/28/24, 7:03 PM Re: Meeting Received 6/17/2024 ROC Legal

Tyler White Vice President

White and White Contracting PO Box 504 Queen Creek, AZ 85142 Office - (480) 306-7210 Cell - (480) 612-7662 License No. 289069

On 11/1/23 7:28 AM, Cindy Johnson wrote: Let me know if you need me to come by to go over anything.

Thank you!

Sent from my iPhone

On Oct 31, 2023, at 4:41 PM, Penny Oakeson <[email redacted]> wrote:

Thank you very much

Respectfully,

Penny Oakeson Controller O: 480-926-1003 F: 480-813-9612

of 6 5/28/24, 7:03 PM Re: Meeting Received 6/17/2024 ROC Legal

www.stormwaterprosllc.com

From: Tyler White <[email redacted]> Sent: Tuesday, October 31, 2023 4:14 PM To: Penny Oakeson <[email redacted]>; Cindy Johnson <[email redacted]> Subject: Re: FW: MeeOng

Sorry guys! Yes I will get everything over to you tomorrow. Month end is always a mad scramble with billings.

Tyler White Vice President

White and White Contracting PO Box 504 Queen Creek, AZ 85142 Office - (480) 306-7210

of 6 5/28/24, 7:03 PM Re: Meeting Received 6/17/2024 ROC Legal Cell - (480) 612-7662 License No. 289069

On 10/31/23 8:11 AM, Penny Oakeson wrote: Hi Tyler,

Do you have any update you might be able to share with us?

Respectfully,

Penny Oakeson Controller O: 480-926-1003 F: 480-813-9612

www.stormwaterprosllc.com From: Penny Oakeson <[email redacted]> Sent: Monday, October 30, 2023 9:17 AM To: Tyler White <[email redacted]> Cc: Cindy Johnson <[email redacted]> Subject: Re: MeeOng

of 6 5/28/24, 7:03 PM Re: Meeting Received 6/17/2024 ROC Legal

Good morning, Tyler

Please let me know if you have had an opportunity to review the documents and if you have an update.

Thank you so much

Respectfully,

Penny Oakeson Controller O: 480-926-1003 F: 480-813-9612

www.stormwaterprosllc.com

From: Penny Oakeson Sent: Thursday, October 26, 2023 9:23 AM To: Tyler White <[email redacted]> Cc: Cindy Johnson <[email redacted]> Subject: MeeOng

of 6 5/28/24, 7:03 PM Re: Meeting Received 6/17/2024 ROC Legal

Good morning, Tyler.

Have you had an opportunity to review the informaOon that we provided to you last Friday?

If so, could you please give us an update?

Thank you.

Respectfully,

Penny Oakeson Controller O: 480-926-1003 F: 480-813-9612

www.stormwaterprosllc.com

of 6 5/28/24, 7:03 PM Received 6/17/2024 ROC Legal ,QYRLFH (9HUGH*URYH9LHZ 'DWH ,QYRLFH 6XLWH 6FRWWVGDOH$=

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$,06&RPSDQLHVLVKDSS\WRDFFHSWFUHGLWFDUG SD\PHQWVZLWKQRIHHDVVHVVHG Received 6/17/2024 ROC Legal Invoice Date Invoice # 1/12/2023 5026C

Wolverine Daylighting LLC 24029 N 91ST AVE Peoria AZ 85383 Bill To Job Location White and White Contracting CITRUS & BROADWAY 2350 E Germann Rd. Suite 27 PHASE 2 Chandler, AZ 85286

Ticket # P.O. # Terms Ordered By Due Date

7509 EL CIDRO PHASE 2 Net 30 SOCORRO 2/11/2023

Serviced Item Description Quantity Rate Amount

1/12/2023 CCTV Services per ft. CAMERA MAIN LINE 2,031 0.65 1,320.15 1/12/2023 Fuel Surcharge 1 132.56 132.56

PAYMENT TERMS: Net 30 days unless prior or other arrangements have been made. All invoices past Total $1,452.71 days late will be subject to 1.5% monthly (interest) based on 18% annual interest. Received 6/17/2024 ROC Legal Invoice Date Invoice # 4/5/2023 8305C

Wolverine Daylighting LLC 24029 N 91ST AVE

Bill To Job Location White and White Contracting CITRUS & BROADWAY 2350 E Germann Rd. Suite 27 Chandler, AZ 85286

Ticket # P.O. # Terms Ordered By Due Date

4568 EL CIDRO Net 30 SOCCORO 5/5/2023

Serviced Item Description Quantity Rate Amount

4/5/2023 CCTV Services per ft. CCTV SERVICES PARCELS 1D & 1E 3,325.03 0.65 2,161.27 COMPLETED 4/5/2023 Fuel Surcharge FFS 1 216.12 216.12

American Heart Month. Total $2,377.39

Join us March 25th to walk in hornor of the ones near & dear to us.

Do your heart some good and make a donation today. Sincerely, Wolverine Daylighting Go here to donate now: https://bndfr.com/YCs9p Received 6/17/2024 ROC Legal Invoice Date Invoice # 2/17/2023 5415

Wolverine Daylighting LLC 24029 N 91ST AVE Peoria AZ 85383 Bill To Job Location White and White Contracting CITRUS & BROADWAY 2350 E Germann Rd. Suite 27 Chandler, AZ 85286

Ticket # P.O. # Terms Ordered By Due Date

7874 EL CIDRO Net 30 SOCORRO 3/19/2023

Serviced Item Description Quantity Rate Amount

2/17/2023 Line Cleaning per ft CLEANED ALL LINES 1F 1,958 0.70 1,370.60 2/17/2023 Fuel Surcharge 1 137.06 137.06 2/17/2023 Water 1 60.00 60.00

PAYMENT TERMS: Net 30 days unless prior or other arrangements have been made. All invoices past Total $1,567.66 days late will be subject to 1.5% monthly (interest) based on 18% annual interest. Received 6/17/2024 ROC Legal Invoice Date Invoice # 2/17/2023 5383C

Wolverine Daylighting LLC 24029 N 91ST AVE Peoria AZ 85383 Bill To Job Location White and White Contracting CITRUS & BROADWAY 2350 E Germann Rd. Suite 27 Chandler, AZ 85286

Ticket # P.O. # Terms Ordered By Due Date

6699 EL CIDRO Net 30 SOCORRO 3/19/2023

Serviced Item Description Quantity Rate Amount

2/17/2023 CCTV Services per ft. PHASE 2 PARCEL 1F 2,371 0.65 1,541.15 2/17/2023 Fuel Surcharge 1 154.12 154.12

PAYMENT TERMS: Net 30 days unless prior or other arrangements have been made. All invoices past Total $1,695.27 days late will be subject to 1.5% monthly (interest) based on 18% annual interest. Received 6/17/2024 ROC Legal Invoice Date Invoice # 1/14/2023 5024C

Wolverine Daylighting LLC 24029 N 91ST AVE Peoria AZ 85383 Bill To Job Location White and White Contracting EL CIDRO 2350 E Germann Rd. Suite 27 PHASE 2 Chandler, AZ 85286

Ticket # P.O. # Terms Ordered By Due Date

7511 EL CIDRO Net 30 SOCCORO 2/13/2023

Serviced Item Description Quantity Rate Amount

1/14/2023 CCTV Services per ft. 3,124.4 0.65 2,030.86 1/14/2023 Fuel Surcharge 1 203.08 203.08

PAYMENT TERMS: Net 30 days unless prior or other arrangements have been made. All invoices past Total $2,233.94 days late will be subject to 1.5% monthly (interest) based on 18% annual interest. Received 6/17/2024 ROC Legal Invoice Date Invoice # 1/14/2023 5023

Wolverine Daylighting LLC 24029 N 91ST AVE Peoria AZ 85383 Bill To Job Location White and White Contracting EL CIDRO-PHASE 2 2350 E Germann Rd. Suite 27 CITRUS & BROADWAY Chandler, AZ 85286

Ticket # P.O. # Terms Ordered By Due Date

4373 EL CIDRO-PHAS... Net 30 SCORER 2/13/2023

Serviced Item Description Quantity Rate Amount

1/14/2023 Line Cleaning per ft CLEANED 8" NEW SEWER LINES 3,124 0.70 2,186.80 1/14/2023 Fuel Surcharge 1 218.68 218.68

PAYMENT TERMS: Net 30 days unless prior or other arrangements have been made. All invoices past Total $2,405.48 days late will be subject to 1.5% monthly (interest) based on 18% annual interest. Received 6/17/2024 ROC Legal Invoice Date Invoice # 1/12/2023 5027

Wolverine Daylighting LLC 24029 N 91ST AVE Peoria AZ 85383 Bill To Job Location White and White Contracting CITRUS & BROADWAY 2350 E Germann Rd. Suite 27 EL CIDRO Chandler, AZ 85286

Ticket # P.O. # Terms Ordered By Due Date

7471 EL CIDRO Net 30 SOCORRO 2/11/2023

Serviced Item Description Quantity Rate Amount

1/12/2023 Line Cleaning per ft JET VAC NEW SEWER LINE 2,031 0.70 1,421.70 1/12/2023 Fuel Surcharge 1 142.17 142.17

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