2024A-06655-CHC-ROC Notice of Hearing & Packet MAILED 2024-06655.pdf

2024A-06655-CHC-ROC · Registrar of Contractors · 2024-09-10

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Charlene Joseph , Case No. 2024-06655

COMPLAINANT, Docket No. 2024A-06655-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 28, 2024 1:00 PM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person. If you have requested to appear in-person at the hearing, the hearing will

be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative

law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on August 6, 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)(2)(a) Charge: 2 A.R.S. § 32-1154(A)(2)(b)

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

Charge: 4 A.R.S. § 32-1154(A)(3) - R4-9-108(b) Charge: 5 A.R.S. § 32-1154(A)(16) Charge: 6 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 10, 2024. By: /s/ Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail September 10, 2024 to: Respondent(s) Stangers Landscape and Masonry Inc. 4889 W. Manatee Drive Tucson, AZ 85742 Complainant(s) Charlene Joseph 2525 West Plateau Ridge Drive Tucson, 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. 2024-06655 /

Hearing Packet FAQ What is the The Hearing Packet is a packet of certain documents collected or Hearing Packet? issued by the Registrar over the course of its investigation. Who gets the The Hearing Packet is assembled and distributed to all parties and Hearing Packet? to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing. What types of The Registrar prepares a Hearing Packet for Complainant-Handled cases does the Cases and No-Pay Cases. Note: If the Docket Number on the Registrar prepare a Notice of Hearing contains a “CHC” or “NPC”, your case is a Hearing Packet for? Complainant-Handled Case or a No-Pay Case. What is in the The Hearing Packet contains essential case-specific documents and Hearing Packet? at a minimum will include the following documents: ● Original complaint; ● Citation; and ● Answer. The Hearing Packet will also contain the following documents (if applicable): ● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos. What if there are If there is any evidence you submitted to the Registrar that are not documents missing included in the Hearing Packet it is your responsibility to introduce from the Hearing that evidence at the administrative hearing. Note: The Packet? administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to: ● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

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

How do I disclose You must properly disclose any and all documents and witnesses evidence I intend to you intend to use at your hearing according to the Registrar’s use at a Hearing? Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118. A sample prehearing disclosure form and instructions are provided to the parties by the Registrar. How do I obtain If you previously submitted documents to the Registrar and need a documents I copy of these documents, please contact the Registrar’s Legal previously submitted Department or submit a public records request at to the Registrar? https://roc.force.com/AZRoc/s/roc-public-request.

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

Complainant: Charlene Joseph 2525 west plateau ridge 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 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. 2024-06655

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 12, 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: Charlene Joseph 2525 west plateau ridge 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 28, 2024

Re: Complaint No. 2024-06655

Dear Complainant and Respondent:

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

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 Arizona Registrar of Contractors Jobsite Inspection Notes Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 7/12/2024 Inspection Time: 1:00PM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Complainant: Charlene Joseph Respondent: Stangers Landscape and Masonry Inc

Present for the complainant: Charlene Joseph, Andrew Joseph Present for the respondent: Mike Stanger

General Notes: As stated in the complaint form: • 4/5/24 Date of contract • 4/24/24 Date work started • 6/6/24 Date work stopped

6/11/24 Complaint submitted to the Registrar of Contractors 6/12/24 Respondent notified of the complaint

Between 6/12/24 and today’s date, 7/12/24, more work has been performed. The project is still not complete.

(Complaint Items) 1&5 Complaint Item 1: “Alexis Higbee told me that my job would be done by May 3, 2024 after i told her that i was considering not signing with their company because i want my backyard done asap. on May 17th, i questioned Alexis we nothing was completed. She accused me of yelling and notiing hads been done. other than leveling rocks placed. Excuses only for weeks” Investigator’s Observations: Verified. The scope of work per contract includes: • Install 10 tons of decorative rock (customer to pick color) • Snakeproof 76’ of fence line 2’ high, 1 drain block and 1 gate • Install gas line from stub out to future grill approx… 25 feet with permit • Install water supply for future fountain from hose bib 35 ft • Run electrical from main panel to future fountain and pergola approx.. 158’ • Install approx. 400 sq ft of Artificial Turf, US Product, 16 year warranty, includes Camofill for Pets • 76 linear feet of Border for turf paver border • Install 19x19 Pavers under kitchen window includes 1/4” minus base • Install 10x19 Pavers extension from existing patio 1/4” minus base

RCC100

Arizona Registrar of Contractors Jobsite Inspection Notes • Install 11x19 Pavers over existing patio • Install (24) 1x3 Pavers stepping stones from side gate to back yard • Fountain 8’ x 4’ 8x8x16 stucco, w/flat painted to match • 3 powerfalls The contract includes: • Date: April 5, 2024 • Start Date 4/22/23 • Finish Date 5/3/23 As observed during the ROC Jobsite Inspection, 7/12/2024, Current status of work per contract: • Work has been performed and work is in progress; however, all portions of work are incomplete, including but not limited to: o The contractual scope of work o Permit(s) for gas, electric, and plumbing o Providing subcontractor information for gas and electric • Note: o Both parties acknowledged the snakeproof fencing was removed from the respondent’s scope of work. Governing Rule: A.R.S. § 32-1154(A)(2): Departure from or disregard of: (a) Plans or specifications... 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: “pavers not installed” Investigator’s Observations: Verified. The scope of work per contract includes: • 76 linear feet of Border for turf paver border • Install 19x19 Pavers under kitchen window includes 1/4” minus base • Install 10x19 Pavers extension from existing patio 1/4” minus base • Install 11x19 Pavers over existing patio • Install (24) 1x3 Pavers stepping stones from side gate to back yard The contract includes: • Date: April 5, 2024 • Start Date 4/22/23 • Finish Date 5/3/23 As observed during the ROC Jobsite Inspection, 7/12/2024, Current status of work per contract: RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes • Work has been performed and work is in progress; however, all portions of work are incomplete, including but not limited to: o The contractual scope of work o Permit(s) for gas, electric, and plumbing o Providing subcontractor information for gas and electric Governing Rule: A.R.S. § 32-1154(A)(2): Departure from or disregard of: (a) Plans or specifications... 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.

Complaint Item 3: “turf not installed” Investigator’s Observations: Verified. The scope of work per contract includes: • Install approx. 400 sq ft of Artificial Turf, US Product, 16 year warranty, includes Camofill for Pets The contract includes: • Date: April 5, 2024 • Start Date 4/22/23 • Finish Date 5/3/23 As observed during the ROC Jobsite Inspection, 7/12/2024, Current status of work per contract: • Work has been performed and work is in progress; however, all portions of work are incomplete, including but not limited to: o The contractual scope of work o Permit(s) for gas, electric, and plumbing o Providing subcontractor information for gas and electric Governing Rule: A.R.S. § 32-1154(A)(2): Departure from or disregard of: (a) Plans or specifications... 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

Complaint Item 4: “water fountain not installed” Investigator’s Observations: Verified. The scope of work per contract includes: • Install water supply for future fountain from hose bib 35 ft • Fountain 8’ x 4’ 8x8x16 stucco, w/flat painted to match • 3 paverfalls The contract includes: • Date: April 5, 2024 • Start Date 4/22/23 • Finish Date 5/3/23 As observed during the ROC Jobsite Inspection, 7/12/2024, Current status of work per contract: • Work has been performed and work is in progress; however, all portions of work are incomplete, including but not limited to: o The contractual scope of work o Permit(s) for gas, electric, and plumbing o Providing subcontractor information for gas and electric Governing Rule: A.R.S. § 32-1154(A)(2): Departure from or disregard of: (a) Plans or specifications... 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.

1&5 Complaint Item 5: “nothing has been done other than gas line installation and leveling rocks havd been placed” Investigator’s Observations: Verified. The scope of work per contract includes: • Install 10 tons of decorative rock (customer to pick color) • Snakeproof 76’ of fence line 2’ high, 1 drain block and 1 gate • Install gas line from stub out to future grill approx… 25 feet with permit • Install water supply for future fountain from hose bib 35 ft • Run electrical from main panel to future fountain and pergola approx.. 158’ • Install approx. 400 sq ft of Artificial Turf, US Product, 16 year warranty, includes Camofill for Pets • 76 linear feet of Border for turf paver border • Install 19x19 Pavers under kitchen window includes 1/4” minus base RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes • Install 10x19 Pavers extension from existing patio 1/4” minus base • Install 11x19 Pavers over existing patio • Install (24) 1x3 Pavers stepping stones from side gate to back yard • Fountain 8’ x 4’ 8x8x16 stucco, w/flat painted to match • 3 powerfalls The contract includes: • Date: April 5, 2024 • Start Date 4/22/23 • Finish Date 5/3/23 As observed during the ROC Jobsite Inspection, 7/12/2024, Current status of work per contract: • Work has been performed and work is in progress; however, all portions of work are incomplete, including but not limited to: o The contractual scope of work o Permit(s) for gas, electric, and plumbing o Providing subcontractor information for gas and electric • Note: o Both parties acknowledged the snakeproof fencing was removed from the respondent’s scope of work. Governing Rule: A.R.S. § 32-1154(A)(2): Departure from or disregard of: (a) Plans or specifications... 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.: 2024-06655 Investigator: John Smith #194 Inspection Date: 7/12/2024 Inspection Time: 1:00PM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Jobsite Inspection Photos 2 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 7/12/2024 Inspection Time: 1:00PM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Jobsite Inspection Photos 3 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 7/12/2024 Inspection Time: 1:00PM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Jobsite Inspection Photos 4 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 7/12/2024 Inspection Time: 1:00PM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Complainant: Charlene Joseph 2525 west plateau ridge 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 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 16, 2024

License No. ROC 339944

Re: Complaint No. 2024-06655

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Thursday, August 1, 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:

Complaint Item 1: “Alexis Higbee told me that my job would be done by May 3, 2024 after i told her that i was considering not signing with their company because i want my backyard done asap. on May 17th, i questioned Alexis we nothing was completed. She accused me of yelling and notiing hads been done. other than leveling rocks placed. Excuses only for weeks” Investigator’s Observations: Verified. The scope of work per contract includes: • Install 10 tons of decorative rock (customer to pick color) • Snakeproof 76’ of fence line 2’ high, 1 drain block and 1 gate • Install gas line from stub out to future grill approx… 25 feet with permit • Install water supply for future fountain from hose bib 35 ft 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 • Run electrical from main panel to future fountain and pergola approx.. 158’ • Install approx. 400 sq ft of Artificial Turf, US Product, 16 year warranty, includes Camofill for Pets • 76 linear feet of Border for turf paver border • Install 19x19 Pavers under kitchen window includes 1/4” minus base • Install 10x19 Pavers extension from existing patio 1/4” minus base • Install 11x19 Pavers over existing patio • Install (24) 1x3 Pavers stepping stones from side gate to back yard • Fountain 8’ x 4’ 8x8x16 stucco, w/flat painted to match • 3 powerfalls The contract includes: • Date: April 5, 2024 • Start Date 4/22/23 • Finish Date 5/3/23 As observed during the ROC Jobsite Inspection, 7/12/2024, Current status of work per contract: • Work has been performed and work is in progress; however, all portions of work are incomplete, including but not limited to: o The contractual scope of work o Permit(s) for gas, electric, and plumbing o Providing subcontractor information for gas and electric • Note: o Both parties acknowledged the snakeproof fencing was removed from the respondent’s scope of work. Governing Rule: A.R.S. § 32-1154(A)(2): Departure from or disregard of: (a) Plans or specifications... 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.

Complaint Item 2: “pavers not installed” Investigator’s Observations: Verified. The scope of work per contract includes: • 76 linear feet of Border for turf paver border • Install 19x19 Pavers under kitchen window includes 1/4” minus base

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 10x19 Pavers extension from existing patio 1/4” minus base • Install 11x19 Pavers over existing patio • Install (24) 1x3 Pavers stepping stones from side gate to back yard The contract includes: • Date: April 5, 2024 • Start Date 4/22/23 • Finish Date 5/3/23 As observed during the ROC Jobsite Inspection, 7/12/2024, Current status of work per contract: • Work has been performed and work is in progress; however, all portions of work are incomplete, including but not limited to: o The contractual scope of work o Permit(s) for gas, electric, and plumbing o Providing subcontractor information for gas and electric Governing Rule: A.R.S. § 32-1154(A)(2): Departure from or disregard of: (a) Plans or specifications... 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.

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)(2): Departure from or disregard of: (a) Plans or specifications... 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item 5: “nothing has been done other than gas line installation and leveling rocks havd been placed” Investigator’s Observations: Verified. The scope of work per contract includes: • Install 10 tons of decorative rock (customer to pick color) • Snakeproof 76’ of fence line 2’ high, 1 drain block and 1 gate • Install gas line from stub out to future grill approx… 25 feet with permit • Install water supply for future fountain from hose bib 35 ft • Run electrical from main panel to future fountain and pergola approx.. 158’ • Install approx. 400 sq ft of Artificial Turf, US Product, 16 year warranty, includes Camofill for Pets • 76 linear feet of Border for turf paver border • Install 19x19 Pavers under kitchen window includes 1/4” minus base • Install 10x19 Pavers extension from existing patio 1/4” minus base • Install 11x19 Pavers over existing patio • Install (24) 1x3 Pavers stepping stones from side gate to back yard • Fountain 8’ x 4’ 8x8x16 stucco, w/flat painted to match • 3 powerfalls The contract includes: • Date: April 5, 2024 • Start Date 4/22/23 • Finish Date 5/3/23 As observed during the ROC Jobsite Inspection, 7/12/2024, Current status of work per contract: • Work has been performed and work is in progress; however, all portions of work are incomplete, including but not limited to: o The contractual scope of work o Permit(s) for gas, electric, and plumbing o Providing subcontractor information for gas and electric • Note: o Both parties acknowledged the snakeproof fencing was removed from the respondent’s scope of work. Governing Rule: A.R.S. § 32-1154(A)(2): Departure from or disregard of: (a) Plans or specifications... 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,

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 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 Complainant: Charlene Joseph 2525 west plateau ridge 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

C012 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

C012 12/23 July 18, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-06655

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for August 5, 2024 at 08:00 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

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

C012 12/23 Complainant: Charlene Joseph 2525 west plateau ridge 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 C013 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 C013 12/23 Case No.: 2024-06655 Investigator: John Smith Inspection Date: Monday, August 5, 2024 Inspection Time: 08:00 AM

Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Complainant: Charlene Joseph

Respondent: Stangers Landscape and Masonry Inc

Compliance Jobsite Inspection

Present for the complainant: Charlene Joseph, Andrew Joseph Present for the respondent: The respondent was not present. Number of days allowed for corrective work per the Directive: 16 • Note: During the initial ROC jobsite inspection, the respondent verbally committed to having the project complete in less than two weeks. Number of days from issuance of the Directive to this inspection: 20

Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. The respondent was directed to: • Complete work per contract • Obtain and provide copies of permits for gas, plumbing, and electrical • Provide names and contact information for the subcontractors that performed the gas and electrical work. Compliance findings: • Very little work was performed after the issuance of the Directive. o Work on the pavers has progressed; however,  There are areas of lippage that exceed the acceptable tolerance of 1/8 inch.  There areas of chipped/broken pavers  There areas of missing and/or inadequate sand  There areas of excessive waviness o All other work remains incomplete, the same as viewed during the initial ROC jobsite inspection. • There is no evidence the respondent obtained required permits for this project. o The respondent’s response to the request for proof of permit:  Did not include the name of the issuing authority 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23  Did not include a description of work performed under the permit  Did not include proof of inspection by the local authority • There is no evidence the electrical work was subcontracted to an appropriately licensed contractor. o The respondent was to provide proof of the licensed subcontractor that performed the electrical work. o The respondent did not provide any information to confirm the electrical work was subcontracted to an appropriately licensed contractor. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. 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 C013 12/23 Compliance Inspection Photos 1 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 8/5/2024 Inspection Time: 8:00AM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Compliance Inspection Photos 2 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 8/5/2024 Inspection Time: 8:00AM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Compliance Inspection Photos 3 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 8/5/2024 Inspection Time: 8:00AM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Compliance Inspection Photos 4 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 8/5/2024 Inspection Time: 8:00AM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Compliance Inspection Photos 5 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 8/5/2024 Inspection Time: 8:00AM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Compliance Inspection Photos 6 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 8/5/2024 Inspection Time: 8:00AM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Compliance Inspection Photos 7 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 8/5/2024 Inspection Time: 8:00AM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Compliance Inspection Photos 8 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 8/5/2024 Inspection Time: 8:00AM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Compliance Inspection Photos 9 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 8/5/2024 Inspection Time: 8:00AM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Compliance Inspection Photos 10 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 8/5/2024 Inspection Time: 8:00AM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Compliance Inspection Photos 11 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 8/5/2024 Inspection Time: 8:00AM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

Compliance Inspection Photos 12 Complaint No.: 2024-06655 Investigator: John Smith #194 Inspection Date: 8/5/2024 Inspection Time: 8:00AM Jobsite address: 2525 W. Plateau Ridge Dr., Tucson, AZ 85742

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Charlene Joseph Case No. 2024-06655 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 August 21, 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 11, 2024, Charlene Joseph (“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)(2)(a) Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner’s

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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 duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code. Charge 2: A.R.S. § 32-1154(A)(2)(b) Departure from or disregard of: (b)A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another. Charge 3: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge 4: A.R.S. § 32-1154(A)(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 5: A.R.S. § 32-1154(A)(16) Knowingly contracting beyond the scope of the license or licenses of the licensee. Charge 6: 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

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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 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 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. 2024-06655. 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 21, 2024.

This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a

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

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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 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. 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 6, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 6, 2024 to:

Respondent Certified Mail No: [number redacted]

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

Complainant Charlene Joseph 2525 west plateau ridge drive tucson, 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. 2024-06655 / MTH

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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 <I

Andrew Orlando Joseph and Charlene Joseph 2510 Cove Rd. Gainesville, GA 30506

File Number: AZ-284383 Property Address: 2525 W Plateau Ridge Drive, Tucson, AZ 85742

At PGP Title, we understand that keeping you informed is an essential part of the closing process. A title commitment is an important document that contains information specific to your transaction; a brief explanation of your title commitment is available in your closing documents. Please take a moment to review your title commitment prior to your home closing.

For informational purposes, we have also enclosed the ABA disclosure that will be executed at your closing. Please note, the sales price and any appliable loan amount shown on the enclosed may not reflect the final figures as those will be determined more accurately upon completion of the construction and loan process.

Should you have any questions, please feel free to contact us at the phone number or email address listed below.

Elizabeth Garcia Settlement Officer 16767 N. Perimeter Drive, Suite 100 Scottsdale, AZ 85260 480-451-2600 [email redacted]

Enclosures CC Realtor(s)

CFS Builder Commitment Prelim Letter AZ-284383

A title commitment is an important document that contains information specific to your transaction. To help you gain a better understanding of its importance, here is an overview of the basic sections commonly found in a title insurance commitment. This is not your title policy, it will be issued after closing, once the requirements of your contract and this commitment have been fulfilled.

SCHEDULE A:

This section contains the “Who, What, Where and How Much” details of the transaction. Schedule A sets forth the effective date, the names of the current property owner (seller) and proposed insured (buyer), the legal description of the property, the amount of insurance (sales price), and the name of the lender and loan amount if applicable and available.

SCHEDULE B PART I:

The requirements section lists the items that must be cleared-up or satisfied to issue a policy covering the new owner and/or the lender. Your Escrow Officer will work to satisfy these important matters. If any of these matters require your attention, your Escrow Officer will work directly with you to address your needs.

SCHEDULE B PART II:

This section notifies the buyer and/or lender of exceptions from coverage. Examples include: restrictive covenants, mineral or water rights, or utility easements. These exceptions from coverage will not be insured on the title policy.

Delivering exceptional service is an essential part of the closing process. If you have any questions concerning the details of your commitment or transaction, please contact us.

CFS Builder Commitment Prelim Letter AZ-284383

Andrew Orlando Joseph and Charlene Joseph 2510 Cove Rd. Gainesville, GA 30506

File Number: AZ-284383 Property Address: 2525 W Plateau Ridge Drive, Tucson, AZ 85742

Should you have any questions, please feel free to contact us at the phone number or email address listed below.

Elizabeth Garcia Settlement Officer 16767 N. Perimeter Drive, Suite 100 Scottsdale, AZ 85260 480-451-2600 [email redacted]

Enclosures CC Realtor(s)

CFS Builder Commitment Prelim Letter AZ-284383

SCHEDULE A:

SCHEDULE B PART I:

SCHEDULE B PART II:

Delivering exceptional service is an essential part of the closing process. If you have any questions concerning the details of your commitment or transaction, please contact us.

CFS Builder Commitment Prelim Letter AZ-284383

© 2023 PGP Title and all related trademarks and logos are trademarks of PulteGroup, Inc. in the United States March 27, 2024 through April 24, 2024 JPMorgan Chase Bank, N.A. Account Number: P O Box 182051 Columbus, OH 43218 - 2051

CUSTOMER SERVICE INFORMATION

Web site: Chase.com Service Center: 1-800-935-9935 Para Espanol: 1-877-312-4273 CHARLENE LUCIEN International Calls: 1-713-262-1679 2510 COVE RD We accept operator relay calls GAINESVILLE GA 30506-1852

[number redacted] Good news weve eliminated the Non-Chase ATM Fee for balance inquiries and transfers As of December 10, 2023, we stopped charging the $3 Non-Chase ATM Fee for each balance inquiry or transfer you make at a non-Chase ATM.

We continue to charge a fee for withdrawals made at a non-Chase ATM (waived for eligible accounts) and the ATM owner/network will still charge a Surcharge Fee.1 You wont be charged these fees when you use a Chase ATM.

For more information, please see the Fee Schedule in the Additional Banking Services and Fees at chase.com/disclosures.

If you have any questions, please call us at the number listed on this statement. We accept operator relay calls.

1For Chase SapphireSM Checking, Chase Private Client Checking SM and Chase Private Client Savings SM accounts, we waive the Chase fee and

refund ATM Surcharge Fees charged to you at non-Chase ATMs. For Chase Premier Plus Checking SM, we waive the Chase fee for the first four Non-Chase ATM transactions each statement period.

Chase Total Checking CHECKING SUMMARY AMOUNT

Beginning Balance $50,335.26 Deposits and Additions 10,455.00 ATM & Debit Card Withdrawals -1,690.29 Electronic Withdrawals -39,130.18 Fees -25.00 Ending Balance $19,944.79

DEPOSITS AND ADDITIONS DATE DESCRIPTION AMOUNT

03/28 Zelle Payment From Andrew Joseph Cofo3Ff0S3Z5 $2,500.00 03/28 Zelle Payment From Andrew Joseph Wfct0S3Xy3Lr 2,500.00 04/01 Zelle Payment From Joan Pittman Bacf6Pyw6T6Q 1,500.00 04/01 Online Transfer From Chk ...1117 Transaction#: [number redacted] 65.00 04/10 Zelle Payment From Andrew Joseph Cofjkrytk7D0 2,500.00 04/15 Online Transfer From Chk ...1117 Transaction#: [number redacted] 1,390.00 Total Deposits and Additions $10,455.00

March 27, 2024 through April 24, 2024 Account Number:

ATM & DEBIT CARD WITHDRAWALS DATE DESCRIPTION AMOUNT

04/08 Payment Sent 04/06 Cash App*Boubacar Diar 800-9691940 CA Card 2993 $1,690.29 Total ATM & Debit Card Withdrawals $1,690.29

ELECTRONIC WITHDRAWALS DATE DESCRIPTION AMOUNT

03/27 Barclaycard US Creditcard [number redacted] Web ID: [number redacted] $48.84 03/28 03/28 Online Domestic Wire Transfer Via: Bk Amer Nyc/[number redacted] A/C: Pgp Title Inc Escrow 19,705.94 Account Scottsdale AZ 85260 US Ref: Andrew Joseph Payment/Bnf/2525 W Plateau Ridge Drive, Tucson AZ 85742 File: AZ-284383 Imad: 0328Mmqfmp2M038488 Trn: 3254684088Es 04/01 United Home Life Ins. Prem. PPD ID: 435030219A 37.36 04/05 Zelle Payment To Stanger's Landscape And Masonry [number redacted] 2,000.00 04/08 Zelle Payment To Stanger's Landscape And Masonry [number redacted] 2,000.00 04/08 Zelle Payment To Stanger's Landscape And Masonry [number redacted] 2,000.00 04/08 Zelle Payment To Stanger's Landscape And Masonry [number redacted] 2,000.00 04/09 Zelle Payment To Stanger's Landscape And Masonry [number redacted] 2,000.00 04/09 Capital One Online Pmt 3Xa5Tzi1Gdfmdn8 Web ID: [number redacted] 5,948.04 04/10 Zelle Payment To Stanger's Landscape And Masonry [number redacted] 2,000.00 04/15 Zelle Payment To Guichelle Lucien Jpm99Afglazi 1,390.00 Total Electronic Withdrawals $39,130.18

FEES DATE DESCRIPTION AMOUNT

03/28 Online Domestic Wire Fee $25.00 Total Fees $25.00

A Monthly Service Fee was not charged to your Chase Total Checking account. Here are the three ways you can avoid this fee during any statement period.

• Have electronic deposits made into this account totaling $500.00 or more, such as payments from payroll providers or government benefit providers, by using (i) the ACH network, (ii) the Real Time Payment or FedNowSM network, or (iii) third party services that facilitate payments to your debit card using the Visa or Mastercard network. (You did not have an electronic deposit this statement period)

• OR, keep a balance at the beginning of each day of $1,500.00 or more in this account. (Your lowest beginning day balance was $19,444.79)

• OR, keep an average beginning day balance of $5,000.00 or more in qualifying linked deposits and investments. (Your average beginning day balance of qualifying linked deposits and investments was $28,361.72)

March 27, 2024 through April 24, 2024 Account Number:

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC FUNDS TRANSFERS:

Call us at 1-866-564-2262 or write us at the address on the front of this statement immediately if you think your statement or receipt is incorrect or if you need more information about a transfer listed on the statement or receipt.

For personal accounts only: We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. Be prepared to give us the following information:

• Your name and account number;

[number redacted] • A description of the error or the transaction you are unsure about, and why you think it is an error or want more information; and • The amount of the suspected error. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days (or 20 business days for new accounts) to do this, we will credit your account for the amount you think is in error so that you will have use of the money during the time it takes us to complete our investigation. For business accounts, see your deposit account agreement or other applicable agreements that govern your account for details. IN CASE OF ERRORS OR QUESTIONS ABOUT NON-ELECTRONIC FUNDS TRANSFERS : Contact us immediately if your statement is incorrect or if you need more information about any non-electronic funds transfers on this statement. For more details, see your deposit account agreement or other applicable agreements that govern your account.

JPMorgan Chase Bank, N.A. Member FDIC

March 27, 2024 through April 24, 2024 Account Number:

This Page Intentionally Left Blank

November 22, 2021

Case Number:00018864353A

To whom this may concern,

I, Marie Joseph provide room and board for both Marie Lucien and Edner Lucien for $0 at

Paerdegat 3rd street Brooklyn, NY 11236-4134.

I do not share any meals with Marie Lucien and Edner Lucien. If any information is needed, please call me at 718-773-6605.

Thank you,

Marie Joseph >>@;ÿ>B>ÿDE 040Gÿ)ÿ=2/5)+4ÿE4/HÿKÿJ|Bÿ>?>@K?

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fbb1 4577 5171b1 45b6bin7opoqn1rr0stcu8oqjrq49vwxsuJjykz{|jbblb}49~Js 161J gQ413~1 8~ 551811 cbc 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: During the duration of this project once the initial complaint was made inspector John Smith was CC’d on all communication between SLM and Charlene Joseph. We were initially behind on this project because of the 6 weeks that it took for the Gas line inspection to occur. Once that was completed we began installing the pavers. The directive was to provide information for the utilities as well as to finish the project. Mr. Smith asked for a screen shot from the town of Oro Valley showing the permit information. I provided that, however he said that it wasn’t efficient. I explained that our licensed gas installer submits for the permits and I also asked what he needed and he simply said a print out. Once the citation was issued he stated that that was not sufficient. Also in the citation was a request for any electrical permitting done. To date we have not installed any electrical, we have not submitted for permitting as this project came to a hault. That is why this was never submitted. The delays from all of our other projects were brought to the attention of Charlene. She stated that we should hire more employees to work on her project to get completed. We also stated that we had been delayed from not only non- payment entirely from customers, but also customers denying to pay their progress payments. In her statement she said that we have more of a reason to work and that we should work on their project alone. We have had continuous communication with this customer. At the time of signing this contract we had ample employees to do the work, unfortunately with customers not paying us and not paying progress payments during their project as was agreed upon when signing the contract, and the tough time we have been having we had to let a number of employees go in order to continue moving forward even if at a slower pace.

Thanks,

Mike Stanger Alexis Higbee Owner Received 8/29/2024 ROC Legal Received 8/29/2024 ROC Legal Received 8/29/2024 ROC Legal Received 8/29/2024 ROC Legal Received 8/29/2024 ROC Legal Received 8/29/24, 8:37 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