2024A-05722-CHC-ROC-RH Notice of Hearing & Packet MAILED

2024A-05722-CHC-ROC-RH · Registrar of Contractors · 2024-11-19

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Aaron Gullerud , Case No. 2024-05722

COMPLAINANT, Docket No. 2024A-05722-CHC-ROC- RH v. NOTICE OF HEARING ON 360 Masonry & Hardscapes LLC CONTESTED CASE License No. ROC 338918,

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

HEARING INFORMATION The hearing is set for:

December 19, 2024 1:00 PM Adam Stone Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on August 5, 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)

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 November 19, 2024.

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

Copy mailed via USPS First Class mail November 19, 2024 to:

Respondent(s) 360 Masonry & Hardscapes LLC 27283 N 75th Ave Peoria, AZ 85383 Complainant(s) Aaron Gullerud 11404 W Tether Trl Peoria, AZ 85383

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. 2024-05722 /

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

LEGAL RECEIVED 11/18/2024

Request for Hearing TO: [email redacted] FROM: ROC

DATE: November 15, 2024 INVESTIGATOR: Lisa Melton [email redacted] AG REQUIRED: ☐

1) Caption: Please indicate in the exact form how the caption should read.

Aaron Gullerud , CASE NO: 2024-05722 DOCKET: 2024A-05722-CHC-ROC-RH

COMPLAINANT

360 Masonry & Hardscapes LLC License No. ROC 338918,

RESPONDENT

COMPLAINANT'S ADDRESS Complainant's Counsel: Aaron Gullerud 11404 W Tether Trl Peoria, AZ 85383 ,

Email [email redacted] Email

RESPONDENT'S ADDRESS Respondent's Counsel: 360 Masonry & Hardscapes LLC 27283 N 75th Ave Peoria, AZ 85383 ,

Email [email redacted] Email

2) Check One: ☒ Contested case (agency action not taken, pending hearing). ☐ Appealable agency action (appeal from agency action). 3) Date regulated party requested hearing: Click or tap to enter a date. 4) Requested date and time of hearing: Click or tap to enter a date. At A.M. The requested date will be accommodated if practicable. The date MUST be within 60 days of the date a party requested a hearing in an appealable agency action, or within 60 days of this request for hearing in a contested case, UNLESS at least one of the following factors is true (check appropriate box). In the absence of a designated factor, the date will be chosen by OAH within the required 60 days. BY CHECKING A BOX, THE AGENCY IS CERTIFYING TO THE OAH THAT THE FACTOR IS TRUE.

Check One: ☐ ] All parties agree to a date beyond 60 days. ☐ OAH to set case for intervening prehearing within 60 days. 5) Approximate predicted length of hearing: 6) Approximate number of witnesses, if known: 7) Location: Choose an item. 8) Special Needs (interpreters; accommodations): Please schedule at earliest convience as matter was scheduled previously and issue with Order for Google meet. Thank you 9) Consolidate with:

Lg128a 1/21 LEGAL RECEIVED 11/18/2024

Assigned PREHEARING (if applicable) Assigned DATE: TIME: -- and LOCATION:

Assigned HEARING Assigned ALJ: Adam Stone ¼ ½ 1 Assigned DATE: 12/19/24 TIME: 1pm - 5pm -- and LOCATION:

Mission Statement: We will contribute to the quality of life in the State of Arizona by fairly and impartially hearing the contested matters of our fellow citizens arising out of State regulation.

Lg128a 1/21 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 1 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 2 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 3 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 4 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 5 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 6 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 7 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 8 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 9 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 10 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 11 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 12 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 13 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 14 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 15 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 16 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 17 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 18 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 19 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 20 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 21 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 22 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 23 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 24 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 25 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 26 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 27 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 28 Complaint #2024-05722 Inspection Date: 08/02/2024 9:00 AM JSI PHOTOS – Page 29 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Aaron Gullerud, Case No. 2024-05722 COMPLAINANT, v. 360 Masonry & Hardscapes LLC, CITATION License No. ROC 338918, RESPONDENT.

The Registrar issues this Citation to 360 Masonry & Hardscapes LLC (“Respondent”)

under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 20, 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 19, 2024, Aaron Gullerud (“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 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. 2024-05722. 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 20, 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

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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 complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A).

The Registrar will not close or settle any case without both parties’ appearance at the 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

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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 inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated August 5, 2024. By: /s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 5, 2024 to: Respondent Certified Mail No: [number redacted] 360 Masonry & Hardscapes LLC 27283 N. 75th Ave. Peoria, AZ 85383 Copy mailed by USPS First Class mail this same date to: Respondent of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 360 Masonry & Hardscapes LLC 27283 N. 75th Ave. Peoria, AZ 85383 Complainant Aaron Gullerud 11404 W. Tether Trl. Peoria, AZ 85383 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. 2024-05722 /

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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 INVOICE Bill To

Gullerud. Residence 11404 W Tether Trl Peoria Az 85383 71-554-5841

360 Masonry & Hardscapes LLC Payment terms Due upon receipt Invoice # 1184 27283 N. 75TH DR Peoria, AZ 85383 Date 12/14/2023 Phone: (623) 349-3083 Business / Tax # AZ ROC LICENSE# 338918 Email: [email redacted] Web: www.custommasonryphoenix.com/

Description Rate Quantity Total

Pavers 3-PC $5.78 1,800 $10,404.00 3-PC Pattern Pavers to be installed as new driveway; Includes full grade and extra base material (ABC Mag Spec), compacted and mortared around the perimeter of the new installed pavers. Color TBD by homeowner. (5 year warranty on materials and labor

Retaining Wall $6,500.00 1 $6,500.00 8x8x16 gray block retaining wall to be installed in designated area; grouted with 2500 PSI concrete; Includes 5/8" rebar in ftr. Stucco finish and cap 5. Year warranty. On all materials and labor

french drain system. to be ran from back patio area. to meet driveway box and under new pavers to drain out to from yard $2,800.00 1 $2,800.00 area. also includes. river rock run against wall. as discussed with home owner Drain to be installed in designated area; Includes materials + labor

Subtotal $19,704.00

Materials Tax $558.00

Total $20,262.00

Signed on: 12/14/2023 Gullerud. Residence Mark Santizo

INVOICE Bill To

Gullerud. Residence 11404 W Tether Trl Peoria Az 85383 71-554-5841

Description Rate Quantity Total

Subtotal $19,704.00

Materials Tax $558.00

Total $20,262.00

Signed on: 12/14/2023 Gullerud. Residence Mark Santizo

The reason that Aaron & Shannon Gullerud (homeowners) did not sign the contract was because no paper copy was provided by Mark Santizo (owner), although downloadable from the cloud. When we met in person, Mark stated that if we gave him a check of $10,000 for a desposit, that the work could begin “tomorrow.” The reason that Aaron & Shannon Gullerud (homeowners) did not sign the contract was because no paper copy was provided by Mark Santizo (owner), although downloadable from the cloud. When we met in person, Mark stated that if we gave him a check of $10,000 for a desposit, that the work could begin “tomorrow.” The reason that Aaron & Shannon Gullerud (homeowners) did not sign the contract was because no paper copy was provided by Mark Santizo (owner), although downloadable from the cloud. When we met in person, Mark stated that if we gave him a check of $10,000 for a desposit, that the work could begin “tomorrow.” 8/20/24, 8:12 AM State of Arizona Mail - Answer for complaint 2024-05722

Answers - AZROC <[email redacted]>

Answer for complaint 2024-05722 message

Marc Santizo <[email redacted]> Mon, Aug 19, 2024 at 3:49 PM To: [email redacted]

Pursuing to charge one a complete and utter lie we were terminated from that job we never quit. We never stopped going. We told the homeowner we would be more than happy to return his deposit as he started complaining. It was taking too long deposit was offered back to him 17 times if he wasn’t happy with the job he was told. Take his deposit back 17 times he refused to take the deposit back to charge investigator Lisa is a liar. Also. We did not abandon any job.

Homeowner and I Mark Santizo agreed to a refund of $6500 for the wall that he’s not happy with, but the conditions were that the wall was to be demoed by us and all the way in order for him to get his refund. He was told very clearly that he would not be keeping the wall and getting money back. He’s a liar and a shyster and a fraud, he was offered $6500 in return we demo the wall hall away. That was the agreement we made with him prior to him decided to go the ROC route. We told the ROC. Also

Also, inspector Lisa is Vyas as she told us to leave the inspection if we didn’t like the way things were going there’s no reason why I stayed employee that works for me because I pay taxes should tell me to leave and inspections so she could fake the numbers and the recent and the results of the inspection she is incompetent and has no business doing inspections In conclusion, $6500 is the only thing this homeowner is going to get from our company which he agreed to after erasing the text conveniently he is a liar and a shyster to whom may concern

https://mail.google.com/mail/b/AEoRXRQGdbohwqKZ0h5GsQRJGO9WX00DmmGJGhzMQadK7BsrWSZ0/u/0/?ik=581c53cf5c&view=pt&search=all&… 1/1 10/9/24, 2:05 PM State of Arizona Mail - Hello regarding case number 2024-05722

Answers - AZROC <[email redacted]>

Hello regarding case number 2024-05722 messages

Marc Santizo <[email redacted]> Wed, Oct 9, 2024 at 1:25 PM To: [email redacted]

Showed up today for hearing The judge was not there. I spoke with investigator Alissa Tipton. She was there so I have to get rescheduled. I guess the problem is that I got my deployment papers headed to the Florida for the storm recovery. Not sure how long I’m gonna be there. This type of appointment usually takes about 30 to 60 days depending on the damage so I will not be here to attend any zoom or meetings regarding this issue was here today judge was not there. Please email me at [email redacted] as the email on file is not active anymore you can only reach me at [email redacted]. Thank you.

Answers - AZROC <[email redacted]> Wed, Oct 9, 2024 at 2:05 PM To: Marc Santizo <[email redacted]>

Good afternoon. Please log in to your account online and change the email address. We cannot change it for you.

The hearing is scheduled for next week. If you cannot attend, you need to file a Motion to Continue with the Office of Administrative Hearings. Please refer to your Notice of Hearing that was sent out for instructions.

Thank you, Legal Department Arizona Registrar of Contractors

On Wed, Oct 9, 2024 at 1:25 PM Marc Santizo <[email redacted]> wrote: Showed up today for hearing The judge was not there. I spoke with investigator Alissa Tipton. She was there so I have to get rescheduled. I guess the problem is that I got my deployment papers headed to the Florida for the storm recovery. Not sure how long I’m gonna be there. This type of appointment usually takes about 30 to 60 days depending on the damage so I will not be here to attend any zoom or meetings regarding this issue was here today judge was not there. Please email me at [email redacted] as the email on file is not active anymore you can only reach me at [email redacted]. Thank you.

-- Thank you.

Arizona Registrar of Contractors Legal Department

1700 W. Washington St., Suite 105 Phoenix, AZ 85007

602-542-1525 Legal press 4 Recovery Fund press 3 https://roc.az.gov

https://mail.google.com/mail/b/AEoRXRRL-NCfTffHj3GS3ZXfXYkbuZkA2s_F5Kv9qPpZjigex5QN/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 1/1 Received 10/31/2024 ROC Legal

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Aaron Gullerud, No. 2024A-05722-CHC-ROC

COMPLAINANT ADMINISTRATIVE LAW JUDGE DECISION v.

360 Masonry & Hardscapes LLC License No. ROC 338918,

RESPONDENT

HEARING: October 16, 2024 APPEARANCES: Complainant Aaron Gullerud appeared via Google Meet on his own behalf. Registrar of Contractors Investigator Lisa Melton appeared via Google Meet. ADMINISTRATIVE LAW JUDGE: Adam D. Stone EXHIBITS ADMITTED INTO EVIDENCE: _____________________________________________________________________ FINDINGS OF FACT 1. 360 Masonry & Hardscapes LLC. (Respondent) is the holder of License No. 338918 issued by the Arizona Registrar of Contractors (Registrar). 2. On or about December 14, 2023, Aaron Gullerud (Complainant) agreed to have Respondent construct a retaining wall and install pavers at his home in Peoria, Arizona.1 The contracted amount was $20,262.00, and Complainant paid $10,000.00. 3. On or about May 19, 2024, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to project.2 4. The Registrar assigned the complaint to Investigator Lisa Melton. The jobsite inspection was performed on August 2, 2024. 5. On August 5, 2024, the Registrar issued a Citation against Respondent, charging possible violations of A.R.S. § 32-1154(A)(1).3 See Agency file pages 62-63 See Agency file pages 60-61. See Agency file pages 55-59. Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 Received 10/31/2024 ROC Legal

6. On or about August 19, 2024, Respondent e-mailed an Answer to the Registrar.4 7. On or about August 28, 2024, a Notice of Hearing was issued setting a hearing on October 9, 2024, at the Office of Administrative Hearings, an independent state agency.5 A copy of the Notice of Hearing and the Order Setting Google Meet was mailed and e-mailed to Respondent’s addresses of record. 8. At hearing, Investigator Melton testified as to the Registrar’s involvement and the above timeline. 9. Investigator Melton testified that Mr. Santizo called her and informed her that he had been fired from the project, however, Investigator Melton did not find that the information proved that he had been fired. 10. Further, Investigator Melton testified that Respondent had not completed the scope of work by April 2023, and that the work which was completed was incorrect. 11. Finally, Investigator Melton testified as of July 29, 2024, Respondent’s license was revoked. 12. Complainant testified that Respondent was never fired and never offered a full refund of the monies he paid. 13. In addition, Complainant testified that in early March 2024, he requested from Respondent a completion date, and was told the work would be completed by March 30, 2024. Complainant testified that he gave Respondent the month of April as a grace period, yet the work was not completed, so he filed his complaint. 14. Although the start of the hearing was delayed approximately 15 minutes, Respondent did not appear through an authorized member, employee, or attorney. Further, Respondent did not request that the hearing be continued. Consequently, Respondent did not present any evidence to defend its license. 15. Administrative notice was taken of Respondent’s prior License record on October 31, 2024. Such prior License record reflected that Respondent’s License No. 338918 was first issued on June 21, 2022, and was revoked on July 29, 2024. The license

See Agency file page 71. See Agency file pages 1-7. While the Notice of Hearing stated October 9, 2024, the Order for Google Meet was set for October 16, 2024. Respondent failed to appear at both dates.

Received 10/31/2024 ROC Legal

record also reflected that there were two open cases, one of which was the present complaint and two ”disciplined cases”. CONCLUSIONS OF LAW 1. This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq. 2. Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. See A.R.S. § 41-1092.07(G)(2); A.A.C. R2- 19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazzano v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960). 3. The preponderance of the evidence established that Respondent abandoned the project in violation of A.R.S. § 32-1154(A)(1).6 Respondent accepted Complainant’s down payment of $10,000.00 and did not finish the wall nor install the pavers. Further, there was no evidence presented, credible or otherwise, to demonstrate that Respondent had a valid legal excuse for not completing the work. RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall revoke Respondent’s License No. 330073. Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.

Done this day, October 31, 2024. /s/ Adam D. Stone Administrative Law Judge A.R.S. § 32-1154(A)(3) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, “[a]bandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.”

Received 10/31/2024 ROC Legal

Transmitted by either mail, e-mail, or facsimile to: Tom Cole, Director Registrar of Contractors 360 Masonry & Hardscapes LLC [email redacted] Aaron Gullerud [email redacted] By: OAH Staff

11/7/24, 4:20 PM State of Arizona Mail - Case number. 2024-05722

Answers - AZROC <[email redacted]>

Case number. 2024-05722 messages

Marc Santizo <[email redacted]> Thu, Nov 7, 2024 at 3:53 PM To: [email redacted]

https://mail.google.com/mail/b/AEoRXRSXg1-YO2sAi68bgA3xUnFBAw9zK_aB9fY62uV8viSyOuBo/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/7 11/7/24, 4:20 PM State of Arizona Mail - Case number. 2024-05722

Here it is plain black and white. Some one on your end screwed. Up. So I need a new hearing

https://mail.google.com/mail/b/AEoRXRSXg1-YO2sAi68bgA3xUnFBAw9zK_aB9fY62uV8viSyOuBo/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/7 11/7/24, 4:20 PM State of Arizona Mail - Case number. 2024-05722

https://mail.google.com/mail/b/AEoRXRSXg1-YO2sAi68bgA3xUnFBAw9zK_aB9fY62uV8viSyOuBo/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 3/7 11/7/24, 4:20 PM State of Arizona Mail - Case number. 2024-05722

Answers - AZROC <[email redacted]> Thu, Nov 7, 2024 at 4:20 PM To: Marc Santizo <[email redacted]>

Mr. Santizo - Our office created the Notice of Hearing based off the information that we received from the Office of Administrative Hearings. When they (OAH) sent out the Order regarding Google Meet, they used the incorrect date. We have received your emails and are processing them as a request for rehearing. You will receive a copy of our decision once it has been made.

Legal Department Arizona Registrar of Contractors

On Thu, Nov 7, 2024 at 3:54 PM Marc Santizo <[email redacted]> wrote: Here it is plain black and white. Some one on your end screwed. Up. So I need a new hearing

https://mail.google.com/mail/b/AEoRXRSXg1-YO2sAi68bgA3xUnFBAw9zK_aB9fY62uV8viSyOuBo/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 4/7 11/7/24, 4:20 PM State of Arizona Mail - Case number. 2024-05722

https://mail.google.com/mail/b/AEoRXRSXg1-YO2sAi68bgA3xUnFBAw9zK_aB9fY62uV8viSyOuBo/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 5/7 11/7/24, 4:20 PM State of Arizona Mail - Case number. 2024-05722

https://mail.google.com/mail/b/AEoRXRSXg1-YO2sAi68bgA3xUnFBAw9zK_aB9fY62uV8viSyOuBo/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 6/7 11/7/24, 4:20 PM State of Arizona Mail - Case number. 2024-05722

-- Thank you.

Arizona Registrar of Contractors Legal Department

1700 W. Washington St., Suite 105 Phoenix, AZ 85007

602-542-1525 Legal press 4 Recovery Fund press 3 https://roc.az.gov

https://mail.google.com/mail/b/AEoRXRSXg1-YO2sAi68bgA3xUnFBAw9zK_aB9fY62uV8viSyOuBo/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 7/7 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Aaron Gullerud, Case No. 2024-05722

COMPLAINANT, Docket No. 2024A-05722-CHC-ROC v. 360 Masonry & Hardscapes LLC, FINAL ADMINISTRATIVE License No. ROC 338918, DECISION AND ORDER RESPONDENT.

Under A.R.S. § 41-1092.08(B), the Registrar may review and accept, modify, or reject an administrative law judge’s written decision. If the Registrar modifies or rejects that decision, then the Registrar must provide written justification setting forth the reasons for the modification or rejection of each finding of fact or conclusion of law. REGISTRAR’S ACCEPTANCE In this case, a hearing was held, and the administrative law judge (“ALJ”) issued a written decision. See ALJ Decision, attached. The Registrar reviewed that decision and accepts it. CONCLUSION AND ORDER Because the Registrar has accepted the ALJ Decision, that decision is the final administrative decision in this case and becomes effective on December 18, 2024. The terms of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 10/23 of the order, such as suspension, revocation or dismissal, etc., will take place the next business day.

Dated November 7, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail November 7, 2024 to: Respondent(s) 360 Masonry & Hardscapes LLC 27283 N 75th Ave Peoria, AZ 85383

Complainant(s) Aaron Gullerud 11404 W Tether Trl Peoria, AZ 85383

Copy sent electronically this same date to: Office of Administrative Hearings Adam Stone, Administrative Law Judge

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2024-05722/

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 10/23 Received 10/31/2024 ROC Legal

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Aaron Gullerud, No. 2024A-05722-CHC-ROC

COMPLAINANT ADMINISTRATIVE LAW JUDGE DECISION v.

360 Masonry & Hardscapes LLC License No. ROC 338918,

RESPONDENT

Received 10/31/2024 ROC Legal

Transmitted by either mail, e-mail, or facsimile to: Tom Cole, Director Registrar of Contractors 360 Masonry & Hardscapes LLC [email redacted] Aaron Gullerud [email redacted] By: OAH Staff

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Aaron Gullerud, Case No. 2024-05722

COMPLAINANT, Docket No.: 2024A-05722-CHC-ROC v. 360 Masonry & Hardscapes LLC ORDER GRANTING REQUEST FOR License No. ROC 338918, REHEARING OR REVIEW RESPONDENT.

After a review of the file and record, Respondent’s request for rehearing is granted is for the following reasons: BACKGROUND On August 5, 2024, the Registrar issued a citation for alleged violation of A.R.S. § 32- 1154(A)(1). On August 28, the Registrar issued a Notice of Hearing on Contested Case, noting a hearing date of October 9, 2024. Also on August 28, the Office of Administrative Hearings (“OAH”) issued an Order providing video conferencing information. The Order listed a different hearing date of October 16, 2024. The hearing was held on October 16. Respondent did not appear at that hearing. On November 7, 2024, the Registrar issued the Final Administrative Decision and Order accepting the Administrative Law Judge Decision, finding the violations as charged in the Citation, and revoking Respondent’s license. On November 7, 2024, the Registrar received Respondent’s email that brought to attention the conflicting hearing dates noted in the Registrar’s Notice of Hearing and the OAH’s Order. The Registrar treats Respondent’s email as a request for rehearing pursuant to A.A.C. R4-9-120(C). //

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg132 5/21 ANALYSIS Under A.R.S. § 41-1092.09(A) a party may file a motion for rehearing or review within 30 days after service of the Registrar’s final administrative decision and order. The Registrar may grant a rehearing or review of a decision for any of the reasons listed in A.A.C. R4-9-120(C). Here, Respondent’s request provides sufficient grounds to grant a rehearing, due to irregularity in the proceedings arising from the conflicting hearing dates. A.A.C R4-9-120(C)(1). Therefore, the Registrar grants Respondent’s request for rehearing. ORDER IT IS ORDERED that Respondent’s request for rehearing is granted. IT IS FURTHER ORDERED that the OAH will schedule a rehearing. The Registrar will contact the OAH and issue a notice of re-hearing in due course. Dated November 12, 2024. By: /s/ Chance Peterson Chance Peterson General Counsel Legal Department Arizona Registrar of Contractors

COPY mailed via USPS First Class mail November 12, 2024 to: Respondent 360 Masonry & Hardscapes LLC 27283 N 75th Ave Peoria, AZ 85383

Complainant Aaron Gullerud 11404 W Tether Trl. Peoria, AZ 85383 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. 2024-05722 /

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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