2024A-06540-CHC-ROC Notice of Hearing & Packet MAILED 2024-06540.pdf

2024A-06540-CHC-ROC · Registrar of Contractors · 2024-09-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Jeff Thomas , Case No. 2024-06540

COMPLAINANT, Docket No. 2024A-06540-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Stangers Landscape and Masonry Inc. License No. ROC 339944,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for: October 25, 2024 9:00 AM Kay Abramsohn 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 22, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(b)

Charge: 3 A.R.S. § 32-1154(A)(22)

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated September 5, 2024.

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

Copy mailed via USPS First Class mail September 5, 2024 to:

Respondent(s) Stangers Landscape and Masonry Inc. 4889 W. Manatee Drive Tucson, AZ 85742

Complainant(s) Jeff Thomas 2629 W Sahuaro Divide Oro Valley, AZ 85742

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. 2024-06540 /

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

Complainant: Jeff Thomas 2629 W Sahuaro Divide ORO VALLEY, AZ 85742

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Stangers Landscape and Masonry Inc 4889 W. Manatee Drive TUCSON, AZ 85742

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

Re: Complaint No. 2024-06540

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 10, 2024 at 1:00 PM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant: Jeff Thomas 2629 W Sahuaro Divide ORO VALLEY, AZ 85742

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Respondent: Stangers Landscape and Masonry Inc 4889 W. Manatee Drive TUCSON, AZ 85742

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 June 20, 2024

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-06540

Dear Complainant and Respondent:

Due to a scheduling conflict, the jobsite inspection scheduled for July 10, 2024 has been rescheduled for July 19, 2024 at 10:00 AM.

If either party is unable to attend, the Registrar requires 3 business days advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Complainant: Jeff Thomas 2629 W Sahuaro Divide ORO VALLEY, AZ 85742

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 July 8, 2024

Re: Complaint No. 2024-06540

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 19, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant: Jeff Thomas 2629 W Sahuaro Divide ORO VALLEY, AZ 85742

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 July 15, 2024

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-06540

Dear Complainant and Respondent:

Due to a scheduling conflict, the jobsite inspection scheduled for July 19, 2024 has been rescheduled for July 22, 2024 at 8:00 AM.

If either party is unable to attend, the Registrar requires 3 business days advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Complainant: Jeff Thomas 2629 W Sahuaro Divide ORO VALLEY, AZ 85742

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Stangers Landscape and Masonry Inc 4889 W. Manatee Drive TUCSON, AZ 85742

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 July 22, 2024

License No. ROC 339944

Re: Complaint No. 2024-06540

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Wednesday, August 7, 2024.

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 • Install 278 of Travertine on right and left side of pool for lounge chair area and jump off point • Install 333 sq ft of Travertine of patio extension length of house • Install 15x21 Artificial Turf, US Product, 16 year warranty includes Camofill for pets with 72’ Travertine border • Install 23 tons dec rock for side yards and perimeter • Install 16 (5) gal plants, mix of plants to be picked out by SLM and customer • (10) Boulders 2x2 and 3x3 • Irrigation includes FEBCO, 1 valve back yard, and SCH40 poly throughout • (19) Low voltage SOLLOS lights, mix of up lights, path lights, and ledge lights, includes 150w transformer (can be used front and back) • 8’ long 4’ tall linear fireplace, gas (reference customer picture) 8x8x16 construction stucco and painted to match house, customer to provide insert. FRONT YARD • Install (2) 24” box trees • Install (4) Boulders • Move existing plants • Install 2 tons of dec rock to match • Install 3 tons of rip rap The contract is dated 10/26/2023 Work was stated to have started 4/19/24 As observed during the ROC Jobsite Inspection, 7/22/2024, Current status of work per contract: • Work has been started; however, all portions of work are incomplete. • At least one location of paver lippage that exceed the acceptable tolerance of 1/8 inch. • At least one paver that is broken • At least one paver is over-cut around a gutter drain, approximately a 5/8 inch gap. • The pavers are sloping towards the house foundation. o Workmanship standards and building codes require impervious surfaces to slope away from a foundation.  Arizona Workmanship Standards: “Grades shall be established to ensure proper drainage away from a structure.”  International Residential Code R401.3 Includes: “Impervious surfaces within 10 feet of the building shall be sloped a minimum of 2 percent away from the building.” (emphasis added) • Note: o Both parties acknowledged the “Install (4) 1x3 Travertine stepping stones” was “changed” from the respondent’s scope of work.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

(Allegations) Complaint Item 2: “We are requesting help to make this contractor complete the work they accepted a deposit on or return the deposit.” Investigator’s Observations: Verified. The scope of work per contract includes: • Install 228 sq ft of Travertine for existing patio • Install 196 sq ft of Travertine for Right side patio near fireplace • Install (4) 1x3 Travertine stepping stones • Install 278 of Travertine on right and left side of pool for lounge chair area and jump off point • Install 333 sq ft of Travertine of patio extension length of house • Install 15x21 Artificial Turf, US Product, 16 year warranty includes Camofill for pets with 72’ Travertine border • Install 23 tons dec rock for side yards and perimeter • Install 16 (5) gal plants, mix of plants to be picked out by SLM and customer • (10) Boulders 2x2 and 3x3 • Irrigation includes FEBCO, 1 valve back yard, and SCH40 poly throughout • (19) Low voltage SOLLOS lights, mix of up lights, path lights, and ledge lights, includes 150w transformer (can be used front and back) • 8’ long 4’ tall linear fireplace, gas (reference customer picture) 8x8x16 construction stucco and painted to match house, customer to provide insert. FRONT YARD • Install (2) 24” box trees • Install (4) Boulders • Move existing plants • Install 2 tons of dec rock to match • Install 3 tons of rip rap The contract is dated 10/26/2023 Work was stated to have started 4/19/24 As observed during the ROC Jobsite Inspection, 7/22/2024, Current status of work per contract:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 • Work has been started; however, all portions of work are incomplete. • At least one location of paver lippage that exceed the acceptable tolerance of 1/8 inch. • At least one paver that is broken • At least one paver is over-cut around a gutter drain, approximately a 5/8 inch gap. • The pavers are sloping towards the house foundation. o Workmanship standards and building codes require impervious surfaces to slope away from a foundation.  Arizona Workmanship Standards: “Grades shall be established to ensure proper drainage away from a structure.”  International Residential Code R401.3 Includes: “Impervious surfaces within 10 feet of the building shall be sloped a minimum of 2 percent away from the building.” (emphasis added) • Note: o Both parties acknowledged the “Install (4) 1x3 Travertine stepping stones” was “changed” from the respondent’s scope of work. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Arizona Registrar of Contractors Jobsite Inspection Notes Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Complainant: Jeff Thomas Respondent: Stangers Landscape and Masonry Inc

Present for the complainant: Jeff Thomas Present for the respondent: Alexis Higbee

General Notes: • 10/26/23 Date of contract • 4/19/24 Work started • Contractual Deposit of $21,591.60 was paid 10/27/2023

(Complaint Items) Complaint Item 1: “Work should have begun on this contract in early February and completed by the week of March 18th. Work did not even start until Mid-April. This contractor accepted a 60% deposit to purchase all material and approximately 8 months later, we have only seen about 10% of the material. We need help getting this projected completed timely.” Investigator’s Observations: Verified. The scope of work per contract includes: • Install 228 sq ft of Travertine for existing patio • Install 196 sq ft of Travertine for Right side patio near fireplace • Install (4) 1x3 Travertine stepping stones • Install 278 of Travertine on right and left side of pool for lounge chair area and jump off point • Install 333 sq ft of Travertine of patio extension length of house • Install 15x21 Artificial Turf, US Product, 16 year warranty includes Camofill for pets with 72’ Travertine border • Install 23 tons dec rock for side yards and perimeter • Install 16 (5) gal plants, mix of plants to be picked out by SLM and customer • (10) Boulders 2x2 and 3x3 • Irrigation includes FEBCO, 1 valve back yard, and SCH40 poly throughout • (19) Low voltage SOLLOS lights, mix of up lights, path lights, and ledge lights, includes 150w transformer (can be used front and back) • 8’ long 4’ tall linear fireplace, gas (reference customer picture) 8x8x16 construction stucco and painted to match house, customer to provide insert. FRONT YARD • Install (2) 24” box trees • Install (4) Boulders RCC100

Arizona Registrar of Contractors Jobsite Inspection Notes • Move existing plants • Install 2 tons of dec rock to match • Install 3 tons of rip rap The contract is dated 10/26/2023 Work was stated to have started 4/19/24 As observed during the ROC Jobsite Inspection, 7/22/2024, Current status of work per contract: • Work has been started; however, all portions of work are incomplete. • At least one location of paver lippage that exceed the acceptable tolerance of 1/8 inch. • At least one paver that is broken • At least one paver is over-cut around a gutter drain, approximately a 5/8 inch gap. • The pavers are sloping towards the house foundation. o Workmanship standards and building codes require impervious surfaces to slope away from a foundation.  Arizona Workmanship Standards: “Grades shall be established to ensure proper drainage away from a structure.”  International Residential Code R401.3 Includes: “Impervious surfaces within feet of the building shall be sloped a minimum of 2 percent away from the building.” (emphasis added) • Note: o Both parties acknowledged the “Install (4) 1x3 Travertine stepping stones” was “changed” from the respondent’s scope of work. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes • Install 15x21 Artificial Turf, US Product, 16 year warranty includes Camofill for pets with 72’ Travertine border • Install 23 tons dec rock for side yards and perimeter • Install 16 (5) gal plants, mix of plants to be picked out by SLM and customer • (10) Boulders 2x2 and 3x3 • Irrigation includes FEBCO, 1 valve back yard, and SCH40 poly throughout • (19) Low voltage SOLLOS lights, mix of up lights, path lights, and ledge lights, includes 150w transformer (can be used front and back) • 8’ long 4’ tall linear fireplace, gas (reference customer picture) 8x8x16 construction stucco and painted to match house, customer to provide insert. FRONT YARD • Install (2) 24” box trees • Install (4) Boulders • Move existing plants • Install 2 tons of dec rock to match • Install 3 tons of rip rap The contract is dated 10/26/2023 Work was stated to have started 4/19/24 As observed during the ROC Jobsite Inspection, 7/22/2024, Current status of work per contract: • Work has been started; however, all portions of work are incomplete. • At least one location of paver lippage that exceed the acceptable tolerance of 1/8 inch. • At least one paver that is broken • At least one paver is over-cut around a gutter drain, approximately a 5/8 inch gap. • The pavers are sloping towards the house foundation. o Workmanship standards and building codes require impervious surfaces to slope away from a foundation.  Arizona Workmanship Standards: “Grades shall be established to ensure proper drainage away from a structure.”  International Residential Code R401.3 Includes: “Impervious surfaces within feet of the building shall be sloped a minimum of 2 percent away from the building.” (emphasis added) • Note: o Both parties acknowledged the “Install (4) 1x3 Travertine stepping stones” was “changed” from the respondent’s scope of work. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. RCC100 11/14

Jobsite Inspection Photos 1 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Jobsite Inspection Photos 2 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Jobsite Inspection Photos 3 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Jobsite Inspection Photos 4 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Jobsite Inspection Photos 5 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Jobsite Inspection Photos 6 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Jobsite Inspection Photos 7 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Jobsite Inspection Photos 8 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Jobsite Inspection Photos 9 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Jobsite Inspection Photos 10 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Jobsite Inspection Photos 11 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Jobsite Inspection Photos 12 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Jobsite Inspection Photos 13 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Jobsite Inspection Photos 14 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

Jobsite Inspection Photos 15 Complaint No.: 2024-06540 Investigator: John Smith #194 Inspection Date: 7/22/2024 Inspection Time: 8:00AM Jobsite address: 2629 W. Sahuaro Divide, Oro Valley, AZ 85742

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Jeff Thomas, Case No. 2024-06540 COMPLAINANT, v. Stangers Landscape and Masonry Inc., CITATION License No. ROC 339944, RESPONDENT.

The Registrar issues this Citation to Stangers Landscape and Masonry Inc., (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 6, 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 June 9, 2024, Jeff Thomas, (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(3) - R4-9-108(b) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. Charge :3 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or

of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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. 2024-06540. 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 September 6, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in 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.

of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 22, 2024. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 22, 2024 to: Respondent Certified Mail No: [number redacted] Stangers Landscape and Masonry Inc. 4889 W Manatee Dr. Tucson, AZ 85742

Copy mailed by USPS First Class mail this same date to: Stangers Landscape and Masonry Inc. 4889 W Manatee Dr. Tucson, AZ 85742

Complainant Jeff Thomas 2629 W Sahuaro Divide ORO VALLEY, AZ 85742

of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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. 2024-06540

of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Jeff Thomas Mailing Address (Enter jobsite in Contract/Project section) City State Zip

2629 W Sahuaro Divide ORO VALLEY Arizona 85742 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Stangers Landscape and Masonry Inc ROC 339944 Street Address City State Zip

Phone Number Email

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

Alexis Stanger Contract/Project Information Contract Date Contract Amount Amount Paid

October 26, 2023 $35,986.00 $21,591.60 Date Work Started Date Work Stopped Date Work Was Completed

April 19, 2024 June 9, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

2629 W Sahuaro Divide ORO VALLEY AZ 85742 Name of Construction Site Owner Construction Site Name (if applicable)

Jeff Thomas Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Other I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? No

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

The contract was Both All change orders were N/A This project was Residential This project involved Other Landscaping work in back yard A building permit was obtained by Contractor 2400908 ORO VALLEY List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Work should have begun on this contract in early February and completed by the week of March 18th. Work did not even start until Mid-April. This contractor accepted a 60% deposit to purchase all material and approximately 8 months later, we have only seen about 10% of the material. We need help getting this projected completed timely. Allegations Listed on Complaint:

We are requesting help to make this contractor complete the work they accepted a deposit on or return the deposit.

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Jeff Thomas \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Stangers Landscaping Communication timeline for backyard project

I. September 26, 2023 – Jeff submits request for quote on Stangers website. II. September 27, 2023 – Alexis (Stangers) reaches out to meet. III. October 2, 2023 – Jeff and Alexis meet at our house to discuss plans for backyard IV. October 3, 2023 – Alexis provides quote for the work scoped and examples of prior work completed V. October 21, 2023 – Jeff, Alexis, and Anja meet at the house to go over the plans and discuss smaller details around the tile, rock, etc VI. October 25, 2023 – Jeff and Alexis exchange texts and emails with some examples for the paver material VII. October 26, 2023 – Alexis sends over the final contract and deposit requested ($21,591.60) i. First contract includes about 1,000 sqft of travertine tile, a turf area, rock on side yards and around travertine (including 10 boulders), irrigation for plants, low voltage lighting, plants, and a gas fireplace. The pool company was contracted to run the gas line from the north side of the house to the pool equipment and Stangers agreed to “T” off from that line for the gas fireplace we contracted on. Stangers verbally agreed they would be able to complete the project by Spring break 2024 (week of March 28, 2024) as long as the pool company completed their work timely so Stangers could do the coping. VIII. October 27, 2023 – Jeff sends a wire transfer for $21,591.60. Alexis confirmed receipt via text message and picture of wire receipt. IX. December 19, 2023 – Jeff sends Alexis a picture of the pool progress showing that excavation had been started. X. December 19, 2023 – Alexis informed Jeff via text she was placing the order for the silver travertine XI. December 20, 2023 – Alexis provided Jeff a quote for the travertine coping and offered a Christmas discount if we signed before Christmas. XII. December 22, 2023 – Alexis came to Jeff and Anja’s house and we signed a separate contract for the travertine coping and paid a down payment of ($1,777.20) XIII. January 15, 2024 – Jeff informed Alexis that they were doing the shotcrete on the pool today so they could be aware for timing on their end and that we would be ready for coping soon. XIV. January 21, 2024 to February 5, 2024 – Jeff and Michael Stanger exchanged phone calls and voicemails but still no date for the landscaping work to begin was provided. XV. January 30, 2024 – Jeff requested an update on timing from Alexis and let her know the pool was complete and ready for coping. XVI. February 21, 2024 – Alexis reached out to Jeff indicating they were “almost caught up from the rain” and “would give an exact date for the coping by the end of the week” i. Jeff never received a date for coping. XVII. March 1, 2024 – Jeff requested an updating on timing for the coping. The pool company is now requesting updates from Jeff on when the coping will be complete so they can finish their work and be paid. i. Alexis said she would “get in touch with Mike when he gets home and give me a jingle” 1. Jeff never received a call back on the timing. XVIII. March 11, 2024 – Jeff calls Alexis and leaves a voicemail requesting an update since I never received any indication on timeline. i. Alexis says “I’m finishing up in a meeting I’ll let you know here in a bit what day we’ll get started” 1. Jeff never received a call back XIX. March 13, 2024 – Michael Stanger emails Jeff saying they “would be there two weeks from Monday which is the 1st to do the coping” i. Jeff replies on March 21, 2024 asking if the rest of the landscaping would be complete around the same time and noted that the pool company cannot sign off until the gate is installed. 1. No response was received from Michael Stanger XX. April 1, 2024 – Jeff receives a text from Alexis noting it was too wet today to start and they would “be there tomorrow”. i. No one showed up “tomorrow” – April 2nd, 2024 XXI. April 2, 2024 – No one showed up and no call from Stangers. Jeff reached out and asked “are they still planning on coming today” i. Alexis responded “no its still too wet” ii. Jeff let Alexis know the lack of communication was very concerning and asked if we need to consider other landscaping companies. 1. No response was received iii. Side note: There are multiple landscaping companies currently in our neighborhood on April 2nd performing work. XXII. April 3, 2024 – Alexis texts Jeff saying “they will start delivering material today and will be ready to bring it in tomorrow” XXIII. April 4, 2024 – As of 3PM on April 4, no one has still showed up to start the work. XXIV. April 5, 2024 – Michael Stanger emails Jeff and commits to the following schedule: i. April 5th – Bring in 10ton of ¼ minus material - complete ii. Week of April 8th – Complete coping and prep for the travertine 1. Not complete as of 4/12. Per discussion with Michael, the supplier ordered the wrong material (12x24 vs 16x24). Jeff provided a deposit for this coping material on 12/22, or about 3.5 months ago. iii. Week of April 15th – Complete travertine and prep for turf XXV. April 8, 2024 – Michael emailed Jeff saying he was finishing another job and then was “going to grab the coping” XXVI. April 12, 2024 – Michael emailed Jeff saying “I was told by Anasazi that the 16x24 coping we ordered was in, I went to pick it up and it is 12x24. I'll have the 16" within the next few days” i. This is the second time this week Jeff was told someone was picking up the coping. As of 3pm on 4/12, we still do not have any coping. XXVII. April 12, 2024 – Jeff emailed Michael to confirm he has at least pulled permits for the landscaping job, specifically the fireplace and related gas line. i. Alexis emailed back confirming she spoke with an Oro Valley inspector and there is no set back requirement for fireplaces. XXVIII. April 16, 2024AM – Michael emailed Jeff saying he is “going to drop off the material for the fireplace and going to follow up with Anasazi on the pool coping”. i. As of 4/18 at 11am no material for the fireplace had been dropped off. ii. Per a discussion with Michael later in the day, he said he did drop off more ¼ minus material, not block for the fireplace. XXIX. April 18 – Jeff calls Michael and Alexis and we agree to the following: th

i. Coping will start the following day ii. Gas line will be run to the fireplace the week of 4/22. 1. On 4/25, Michael informed me that the gas line would be another week delayed because he doesn’t run the gas lines himself and his contractor got pulled to another job. XXX. April 25th morning – Jeff gets an email from Alexis indicating they went to pick up the rest of the coping material and it was cracked. They will now have to order again from the supplier. i. Jeff asked specifically, when the material would be available and Michael was confirming that afternoon. XXXI. April 25th afternoon – Jeff replied to Alexis’s email about the coping and expressed concerns that despite taking a deposit on this material 4 months prior, we still are trying to get the material that we were told was ordered in December 2023 with our deposit. XXXII. April 25th – Jeff requested to know the process for Stangers to refund the deposits Jeff provided ($21,591.60 for travertine and $1,777.20 for coping) in October and December respectively. It has been 4 and 6 months since those deposits were made and we have seen no material. i. Stangers provided no response on how they would refund the deposits and only noted that they are “contracted to do the work”. XXXIII. April 26 – Since new coping had to be ordered after the material was cracked at the th

landscaper, Jeff asked what date specifically this material would be in. i. Only response provided was “we are waiting on it to come in”. Mike also noted they would be there the next day to trench for the gas line. XXXIV. April 27 – Jeff informs Stangers that their worker dug the trench for the gas line to a water line th

and not the gas. Jeff provided them a picture and let them know this would not be correct (and likely cost them time/$ down the road). Mike responded saying “this is what the plumber wants”. XXXV. May 3rd – Anja (Jeff’s wife) texts Stangers asking when the landscape work in the backyard will start. She requested a complete timeline asking when work will start and be completed. She also noted we are already 7 weeks past the date the work was committed to being completed, and we haven’t started. i. Mike noted they just found out the gas line passed inspection and they can begin working on the fireplace. He also noted he would follow up about the coping which we still don’t have. Later that day he noted that he heard from the supplier and the material would be in that week (week of 5/6). XXXVI. May 8 – Jeff was ready to install the gate on the side of the house that is required by the pool th

company for safety reasons since we have a dog door. Jeff asked Mike if he wanted to deliver the travertine material before the fence goes in because it may make it more difficult for them to get material in the back yard once the fence is up. i. Mike’s response was “the gate can go on” and that it will not slow them down to get material to the back yard. XXXVII. May 13th – Still no coping and Jeff requested another update. i. Mike says he will follow up again with their supplier. XXXVIII. May 15th – Alexis texts that they still have not received the coping. i. Jeff asked what is the plan to start the rest of the yard while we wait for coping, pointing out that we are at a standstill on this project until coping is received. As a reminder, this is the coping material Jeff provided a deposit for in late December 2023 (now 5 months prior). 1. No response was received. XXXIX. May 16 – No one showed up again today so Jeff again reached out and asked if people th

would be coming to start the work and asked if we needed to rip out the partially complete coping job and replace it with a size of tile that they can get. i. Mike responded later that day. Said ripping out the coping is not the solution because he already has too much invested in the current coping. He said that they would get going on the rest of the travertine. ii. Jeff responded saying we agree that it is not a great solution but that we are nearly out of options if they are unable to get the material they contracted for. XL. May 16 later in the day – Given the lack of progress and continued challenges getting th

material, Jeff requested the following: i. Receipt confirming that the order has at least been placed for 1,035 sqft of travertine. 1. No receipt was provided. Stangers provided a screen shot of the original quote from their supplier from December 2023. ii. To deliver ALL material that we provided a deposit for to our property by 5/28 1. Stangers noted that they would not bring all material to site because they deliver their own material and lay it as they go so they don’t pay delivery fees. XLI. May 22 – After more days with no work, Anja texted and asked if anyone was coming today? nd

This would mark 4 days in a row with no one on site performing work. We reminded them they agreed to a March 18th completion date and we are well beyond that. i. Mike sent a very long response noting that he cannot bounce around between jobs while he waits on material and pointed out that it took them awhile to install the gas line. He did not want to start work and then have to stop it. He did note though that the coping material was in and that they would have a full crew there the following Tuesday. 1. The following Tuesday, there was one person on site. XLII. June 3rd – Nearly two weeks later, Anja texts Stangers noting we are still waiting on the “full crew” that was promised. Over the week or so since that commitment was made, they were able to finish the coping (on May 29 th, but it has still only been one person at a time. There has also been no work on the travertine started and I have not yet seen any of the material they received a deposit on ~7 months prior. Anja also reminded them we requested that all material we paid for to be delivered to the yard by 5/28. i. Mike responded saying they would be unable to leave material in front of the house to which Jeff let him know our expectation was that the material would be placed in the back yard that is safe and secure. XLIII. June 3 later in the day – Mike noted that they sent an invoice over for the completed coping rd

work and the fireplace. Alexis stopped by that morning to make sure the fireplace was complete and painted. This invoice included additional charges representing about 50% more cost that the original quote of $5,500 for the gas fireplace. No estimates were provided for this work and no agreements were made, contracts signed, or change orders requested for additional work. i. Jeff responded letting them know the fireplace was not complete. It is still taped off, requires some touch up paint, and there is still a hole on the side waiting for the final inspection. ii. Jeff let them know that we would consider the fireplace complete when the permit is signed off and the hole closed off. Jeff did not bring up the additional charges at this time for fear they would stop the work on the rest of the yard. XLIV. June 4th – There was additional ¼ minus delivered but still no work on the travertine or travertine material delivered to the house. Anja texted Stangers letting them know that if we don’t see our travertine delivered and the installation process started (actual travertine material installed) by the end of the week (June 7 th) we would be contacting a lawyer to request our deposit back plus interest and also filing a formal complaint with the ROC. i. Mike replied quickly and said “as soon as I stop, I will reply to your message” 1. No response was ever received ii. Jeff texted back two days later on June 6th to confirm we didn’t miss a response. 1. Mike responded saying sorry I had a medical emergency on Tuesday and did not work Wednesday to rest. I will respond as soon as I get in the door. a. No response was ever received. b. Friday June 7 – I get a text from Mike indicating “Alexis sent an email please reply”. th

i. The email stated that they installed 200 sqft of travertine that day and wondered when she could stop by to get a check for the invoice they sent us. 1. The invoice was for ~$5,700 and included the remainder of the coping contract, the completed fireplace work, and the incremental 50% (or about $2,300 up charges on the fireplace contract). ii. Jeff emailed back letting Stangers know that no travertine was installed that day but that we did have some material now on our back porch (could have possibly been the 200 sqft they referred to, but there is no way to confirm). Jeff reminded them that the fireplace was not completed and requested that they send two separate invoices since these are two separate contracts. Jeff let them know they could pick up a check for the rest of the coping contract that evening. iii. Alexis responded that this was a progress payment they were requesting which they are allowed to do and that we need to pay them for the additional expenses they incurred. iv. Jeff pointed out that they have deposits of $21,591.60 (60% of the landscape contract total value) and $1,777.20 (60% of the coping contract total value). I did agreed to pay the rest of the coping contract since that work was complete. It is frustrating for them to have so much of our money with zero evidence that the material they took the deposit for has been purchased and now start sending us progress payment requests. Furthermore, I pointed out that our contract was for a gas fireplace (and shown in a screen shot I provided them) and that this was not a time and material contract. They agreed to provide that scope of work for $5,500 which included T’ing off from the gas line the pool company ran. v. Alexis responded noting the deposit is for material and material only. This is why their contracts included progress payments. 1. Jeff responded that if the deposit is for material (which they took $21,591.60 nearly 8 months ago), where is the material? June 7 th is the first time we have seen any material despite multiple requests to have it all delivered. We understand their preference is to install as its delivered, but that isn’t even happening because we have a few stacks of travertine on my back porch. Jeff told them when they deliver all of the material to the yard that they accepted a deposit on, that we could discuss progress payments. If not, we could let the ROC sort it out. Overall, this is a summary of the emails and texts we have had with Stanger’s Landscape and Masonry (ROC#339944) since we originally contacted them for a quote. We provided them substantial deposits (60% of each contract) in October and December of 2023. We also verbally agreed that this contract would be complete by the week of March 18 th 2024. Despite repeated requests for timelines, commitments for people to complete work, and to deliver the material they accepted deposits on, there has been minimal progress to date and we are nearing the middle of June. They are also now requesting additional progress payments to be made for partially complete work. We are formally filing this complaint with the ROC in hopes that you can help hold this contractor accountable and deliver on the work they have accepted deposits on or return our money so we can move on to another contractor. Thank you in advance for your help!

Sincerely, Jeff Thomas The screen shot below is a receipt from my Etrade account showing the wire payment made to Stangers for the original 60% deposit on the landscaping contract. I have a subsequent picture back from Alexis Stanger showing the deposit on her end. Received by Investigations 06/20/2024 From the Complainant

John Smith,

Below is the support requested in the email dated June 12, 2024 as a follow up to the ROC complaint I filed. On 10/27,24, I wired funds in the amount of $21,591.60 to Stanger’s Landscaping company as a deposit to purchase material for the contract we signed. Below, I have included a screenshot of my Etrade account from which the funds were wired, a screenshot of the transaction receipt from Etrade, and a view of the transaction confirmation I received via text back from Alexis Stanger. If this doesn’t help address the request for additional support, please let me know.

Thank you, Jeff Thomas

Screenshot 1: Etrade Account statement. Received by Investigations 06/20/2024 From the Complainant

Screenshot 2: Etrade transaction confirmation. Received by Investigations 06/20/2024 From the Complainant

Screenshot 3: Confirmation from Alexis Stanger of her bank account activity showing the funds deposited from “Jeff M”. My middle initial is Michael, for reference. Received 8/29/2024 ROC Legal

Stanger’s Landscape and Masonry Personal Service, Lowest Prices, & Guaranteed Workmanship

ROC#339944 4889 W Manatee Dr. Tucson, AZ 85742 Phone (520) 304-7502 DATE: AUGUST 29, 2024

To whom it may concern: Before signing the contract with Jeff Thomas he had agreed that the pool company will install the gas line for his fireplace. We also did not have a start or finish date on the contract as we did not have a timeline for when the pool was going to be completed only an approximate date. With inclement weather leading up to the pool being completed we were behind and had to adjust our schedule accordingly. Once we began work, Jeff made us aware of the location of the gas line the pool company installed. Once we uncovered the line we were advised by our licensed gas installer that there was no possible way to tie into it in that location because of various plumbing above. We notified Jeff and told him that we would have to get a permit and install an entirely separate gas line. This was out of our contract. Once the inspection passed and the fireplace was completed we asked for a progress payment to cover the additional costs we had incurred for the out of contract work with the gas line. Jeff refused to pay it stating that it was in his contract. We then explained the terms of his contract and he still refused. During the process of waiting the almost 5 weeks for this gas line we had other projects that we worked on and all of our projects started to overlap as this was unforeseen. It was not until John Smith advised us that unless specific dates were in our contract for progress payments to be made that it was a gray area for enforcement. This put us even more behind, yet we continued to work on the rest of the project. We had about 90% completion of work when the inspection occurred. However we were not complete. John Smith asked in the inspection to fix 3 chipped pavers, re cut (1) paver near a drain, and had concerns about the slope seeing as the pool is higher than the existing patio. At that time the customer had not spoken to us about any chipped pavers as we had finished install the day before the inspection and my employees had yet to be on site the following day during the inspection. For the drainage I did advise Mr. Smith that we had had multiple days of heavy rain and the customer has not had any issues with drainage, not once did he ever do anything except a visual inspection. The patio does crown and DOES slope away from the house. That same day of the inspection the items on the directive were remedied. We had no response following that from Jeff regarding any issues. We asked numerous times to Jeff regarding finishing his project regarding plant choices, rock choices, with extreme delay in response. The only response was that “my lawyer has asked for me not to pay anything further” when asking for a progress payment and to try and move forward with his project on completion. At the time of the directive deadline, we had still yet to receive a response from Jeff on material. Again, this delayed us. In addition to the threat of not being paid per the contract once finished we had no choice but to work on other projects during the duration of this one to maintain finances to pay our bills, employees, and business overhead. Without progress payments for months from this customer, little to no response in decision, and the constant threat of legal action, online complaints made by the customer, we have no choice but to try and work with what we are given. We did reach out to finish this project last week and the response we got from Jeff was that his lawyer advised that no further work should be done.

Thanks,

Mike Stanger Alexis Higbee Owner Received 8/29/2024 ROC Legal Received 8/29/24, 8:39 AM State of Arizona Mail - 2024-06655 and 2024-06540 8/29/2024 ROC Legal

Answers - AZROC <[email redacted]>

2024-06655 and 2024-06540 message

Michael Stanger <[email redacted]> Thu, Aug 29, 2024 at 7:43 AM To: "[email redacted]" <[email redacted]>

Mike Stanger

Owner

Stanger's Landscape and Masonry

attachments 2024-08-29 07-28 1.pdf 1407K 2024-08-29 07-28.pdf 1319K Jeff Thomas.doc 34K Charlene Joseph.doc 32K

https://mail.google.com/mail/b/AEoRXRTQTbrxBXyhE8-Ojtw-wj8jMh6z3gejIsikvcec1thHMNuL/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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