2024A-07918-NPC-ROC Notice of Hearing & Packet MAILED 2024-07918.pdf

2024A-07918-NPC-ROC · Registrar of Contractors · 2024-09-12

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Modern Valley Patio LLC, Case No. 2024-07918

COMPLAINANT, Docket No. 2024A-07918-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Patio Design Group LLC License No. ROC 327203, 331635,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for:

October 31, 2024 9:00 AM Sondra Vanella 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 September 4, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

1156(B).

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

HEARING PROCEDURES AND RULES

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

HEARING PACKET

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

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

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

DISCLOSURE STATEMENT

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated September 12, 2024.

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

Copy mailed via USPS First Class mail September 12, 2024 to:

Respondent(s) Patio Design Group LLC 2614 N Scottsdale Rd Scottsdale, AZ 85257

Complainant(s) Modern Valley Patio LLC 23088 E Camina Buena Vista Queen Creek, AZ 85142

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. 2024-07918 /

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

RECEIVED 07/16/2024 ROC LEGAL Legal New Mail - AZROC <[email redacted]>

Additional Document - No-Pay Complaint 2024-07918 Chad @ MVP <[email redacted]> Tue, Jul 16, 2024 at 5:06 PM To: [email redacted]

Hello,

Attached is the additional documentation/questions with answers, that were requested in conjunction with the evidence we provided in our original complaint submission. Please let me know what additional information, if any, is needed or how we can be of assistance.

Thank you for all your help,

Chad

-- Modern Valley Patio (MVP) www.modernvalleypatio.com (602) 687-2191

Gmail - Patio Design Group - MVP.pdf 850K 7/16/24, 4:07 PM Gmail - Patio Design Group - MVP RECEIVED 07/16/2024 ROC LEGAL Chad at MVP <[email redacted]>

Patio Design Group - MVP messages

Chad @ MVP <[email redacted]> Thu, Feb 9, 2023 at 2:59 PM To: [email redacted]

Hey Dayton,

Here is quick rendering just to be sure we are all on the same page design wise (at least generally) as we nail down the door portion. After looking at the renderings, I think have the overhang of the roof is a good call, I would probably do that ~1.5' or so on both front sides and then just maybe 6" on the back sides if that makes sense?

As drawn I have the roof at 13.6', the raised pad at 13'x13', the posts at 11'8" outside to outside which gives you a 10'4" block wall. Then I had a 6" post in the front sat just a couple inches in aligned with the inside edge of the 8" posts. Obviously we can play with the spacing based on what we find out with the doors but just wanted to get your feedback on the overall size/plan.

Thank you again and we are looking forward to working with you!

Chad -- Modern Valley Patio (MVP) www.modernvalleypatio.com (602) 687-2191

attachments

Pergola builds_046.jpg 562K

Pergola builds_045.jpg 523K

Dayton Meyer <[email redacted]> Thu, Feb 9, 2023 at 3:23 PM To: "Chad @ MVP" <[email redacted]>

Hi Chad,

Thank you. This looks great.

I think the roof would look a little better if it was symmetrical on all 4 sides. ~1.5 feet of overhang on all 4 sides should be good.

If we need to adjust the spacing of the posts to accommodate the door width, that shouldn't be a problem.

Since we still need to figure out the doors, If you can send over an estimate for the structure alone that would be great.

Thanks!

Dayton Meyer General Manager (480)589-9154 Patio Design Group, LLC 2614 N. Scottsdale Rd. Scottsdale, AZ 85257 www.pdgaz.com

From: Chad @ MVP <[email redacted]> Sent: Thursday, February 9, 2023 2:59 PM To: Dayton Meyer <[email redacted]> Subject: Patio Design Group - MVP

[Quoted text hidden]

Chad @ MVP <[email redacted]> Tue, Mar 28, 2023 at 3:55 PM To: Dayton Meyer <[email redacted]>

Hey Dayton,

https://mail.google.com/mail/u/2/?ik=95981b2e36&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 1/2 7/16/24, 4:07 PM Gmail - Patio Design Group - MVP RECEIVED This would be the look - I think I was actually confused a bit in the way I was describing it but this cleans it up for me... 07/16/2024 ROC LEGAL You'd have the 3 - 6" posts and then 2 - 6" posts going horizontal right in line with the vertical so it is clean and flush. Then either on the front of or inset off the top of the horizontal 6" (shown both ways) you'd have a 10" beam, then your roof on top of all of that. This rendering has 1' of roof overhang on all 4 sides which gives you ~13x13 total footprint so maybe we go 1.5' overhang on all sides to get 14x14?

Chad [Quoted text hidden]

attachments

Pergola builds_047.jpg 517K

Pergola builds_050.jpg 519K

Pergola builds_048.jpg 537K

Pergola builds_049.jpg 485K

Dayton Meyer <[email redacted]> Tue, Mar 28, 2023 at 5:13 PM To: "Chad @ MVP" <[email redacted]>

Thanks Chad, looks good. I like the look of rendering 49/50 more (10” beams set outside the posts).

Do you need to update the proposal or does it not change?

Dayton Meyer General Manager (480)589-9154 Patio Design Group, LLC 2614 N. Scottsdale Rd. Scottsdale, AZ 85257 www.pdgaz.com

From: Chad @ MVP <[email redacted]> Sent: Tuesday, March 28, 2023 3:55:11 PM To: Dayton Meyer <[email redacted]> Subject: Re: Patio Design Group - MVP

[Quoted text hidden]

Chad @ MVP <[email redacted]> Wed, Mar 29, 2023 at 2:17 PM To: Dayton Meyer <[email redacted]>

Hey Dayton,

I'm good with that, I liked the look with the 10" on the outside too so I think it will be clean.

The updated design actually comes down a bit, we can shave off $450, removing the 8" posts actually netted out and changes plus some so we should be good to go.

Let me know if we've got the approval on it and we'll get parts ordered asap and I can coordinate the deposit with you however you'd like to do it.

Chad [Quoted text hidden]

https://mail.google.com/mail/u/2/?ik=95981b2e36&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 2/2 July 16, 2024

Via U.S. Mail and Email

Complainant Modern Valley Patio LLC 23088 E Camina Buena Vista Queen Creek, AZ 85142

Via U.S. Mail and Email

Respondent Patio Design Group LLC 2614 N Scottsdale Rd Scottsdale, AZ 85257

Re: Complaint No. 2024-07918

Dear Complainant and Respondent:

The Registrar received a complaint filed against Patio Design Group LLC for non-payment of materials or services rendered. This complaint is incomplete and will not be substantively reviewed by the Registrar until the following documentation is provided:

1. Contract signed by both parties, but if there was no written contract, then a written statement that includes the following information: I. The reason a written contract is not being provided (e.g. the contractor did not provide a written contract, the contract is lost, the contract was destroyed); II. A description of any written documents used to describe the contract (e.g. bid, proposal, invoice, receipt); III. The names of the people who negotiated the contract; IV. A description of the work to be performed under the contract (including any addenda or change orders); V. The date the work was to be completed; VI. The agreed upon payment schedule; and VII. An explanation of who was to receive payment

Please provide all requested information by July 26, 2024. The Registrar will close this complaint (as incomplete) without further written notice if you fail to provide the requested documentation by such date.

Documents can be submitted by:

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

1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Although the complaint is incomplete at this time, Respondent may file a response with the Registrar raising any issues or affirmative defenses to the complaint.

If the required information is provided and this complaint becomes complete, Respondent will be provided an additional opportunity to respond to the complaint.

Sincerely,

/s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Received 7/18/2024 ROC Legal

Hello,

Below is the documentation supporting the claim ﬁled for Non-payment against Patio Design Group LLC.

1. Contract signed by both parties – There was no oﬃcial signed contract by the two parties in this case but there is ample documentation and agreement that a contract was entered and monies were owed.

I. The reason a written contract is not being provided – The contractor (Patio Design Group) and our company, the sub-contractor on this project (Modern Valley Patio) entered into an agreement based on approval of a bid and a deposit being given for said work. Prior work had been done with said contractor so there was an established relationship between parties that gave us the false sense of security that said contractor would follow through on their commitments.

II. A description of any written documents used to describe the contract – There were multiple emails, a formal bid/estimate, and an invoice provided describing the work. There was email approval and a deposit paid for the work so that it was oﬃcial and would allow us to procure materials and schedule the project. The invoice showing the intial payment and remaining balance were attached in the online complain submittal along with an extensive text log where payment due was acknowledged by the Owner/Contractor multiple times.

III. The names of the people who negotiated the contract – The contract was negotiated by Chad Hilton (representing Modern Valley Patio) and a former employee of Patio Design Group (Dayton Meyer) with documentation available in the form of texts and emails, along with acceptance and payment of the deposit.

IV. A description of the work to be performed under the contract (including any addenda

or change orders) – The original scope was to build an aluminum freestanding shade structure as a part of a larger backyard remodel project the contractor was completing. Additionally they added 2 gates at this property and one at another address be made and installed in matching materials.

V. The date the work was to be completed – The shade structure was originally planned and discussed in early Feb ’23 and then work was set to begin May 25th and was completed on ~July 28th. Modern Valley Patio returned for a couple touch up items again on August 9th to help close the project out for the contractor. The ﬁrst gate was requested on May 10th, 2023 (for N 70th st) with approval on May 15th, 2023 and the two additional gate requests (for Glenrose) came on July 10, 2023 and were approved in a text conversation on July 11, 2023

VI. The agreed upon payment schedule – The project payment was to be split 50/50 with an intial deposit for materials and scheduling and the ﬁnal payment at project completion. The gates were added without requiring a deposit so the total balance for those items was added to the ﬁnal total due. The project was 100% complete and conﬁrmed with the small touch-ups items on August 9th. An invoice for the project balance was sent (and opened) on August 9th. Acknowledgment of that payment due was given by Dayton on August 9th in text. On Aug 22nd a request for payment was made and Patio Design Group stated they would “ask my oﬃce to prepare a check for you and let you know when it is ready for Received 7/18/2024 ROC Legal

pickup.” On August 31st a follow up note from MVP was sent and we were referred to Robert (owner) to get the check as Dayton was unavailable. A full text log with Robert was provided in the original complaint with his full agreement that payment was to be made but all his promises and commitments were empty and payment was never made. Additional requests were sent via text on Sept 22nd and Sept 25th to the employee (Dayton) for additional help but he was unable to provide assistance in getting Modern Valley Patio paid.

VII. An explanation of who was to receive payment – Modern Valley Patio was to receive payment for the original estimate along with the 2 subsequent line items that were added for additional work. The payment was to be in the form of a 50/50 split per the estimate and invoice agreements. The original 50% deposit was provided for the shade structure but no further payments were made for this work. Received 7/19/24, 8:32 AM State of Arizona Mail - Additional Document - No-Pay Complaint 2024-07918 7/18/2024 ROC Legal

Legal New Mail - AZROC <[email redacted]>

Additional Document - No-Pay Complaint 2024-07918 Chad @ MVP <[email redacted]> Thu, Jul 18, 2024 at 12:10 PM To: Legal New Mail - AZROC <[email redacted]>

Hello,

I apologize it looks like I attached the incorrect file - please see attached document for the non-payment complaint.

Chad

[Quoted text hidden]

ROC - No Pay Complaint 2024-07918 supporting form.docx 15K

https://mail.google.com/mail/b/AEoRXRSLKSKVvqWN2I-dV2Dr9nDIJKxi1pGQdyIkve3MGL03K8vr/u/0/?ik=d3afebeda9&view=pt&search=all&permms… 1/1 July 22, 2024

Via U.S. Mail and Email

Complainant Modern Valley Patio LLC 23088 E Camina Buena Vista Queen Creek, AZ 85142

Via U.S. Mail and Email

Respondent Patio Design Group LLC 2614 N Scottsdale Rd Scottsdale, AZ 85257

Re: Complaint No. 2024-07918

Dear Complainant and Respondent:

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

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

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

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

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

Sincerely,

/s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 RECEIVED 07/15/2024 ROC LEGAL Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 2024-07918 P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Chad Hilton Street Address City State Zip Code 23088 East Camina Buena Vista Queen Creek Arizona 85142 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Patio Design Group LLC ROC 331635 Street Address City State Zip Code 2614 N. Scottsdale Road Scottsdale AZ 85257 Phone Number Email Address

Name of Person(s) Representing License Robert Khoshaba Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $15,790.00 April 19, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. #1143 for $15,790

Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Chad Hilton Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. RECEIVED Printed Name Signature Date 07/15/2024 Chad Hilton ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL

I N V O I C E

Modern Valley Patio Queen Creek, AZ (602) 687-2191

Dayton Highline AZ Invoice # 1143 6835 E Camelback Rd, B07 Date 4/19/2023 Scottsdale, AZ 85251 Amount Due $15,790.00

Due Date 7/28/2023

Item Description Amount

4k pergola 4k aluminum pergola $18,620.00 Highest strength material - Extruded aluminum Modern design

Size: ~14x14 Freestanding insulated roof

Materials: - 6" posts 10" beam mainframe 14x14 IRP roof footprint 6" horizontal posts for door support

Options: can lights Fan beam pre-wire Electrical stubbed at post

Color: Black with white roof

Added 4 - 6" posts around roof perimeter for height

4K gate 7453 N 70th St gate $1,750.00

4K gate 2 gates - Glenrosa $3,750.00

FINAL BALANCE (Original total, plus additions/changes, less deposit) is due at Sub Total $24,120.00 project completion. Balances not paid upon project completion without prior arrangement will be Total $24,120.00 assessed a $100 late fee. Payment $8,330.00 5/12/2023

Payment due upon $15,790.00 completion Overdue 7/28/2023

Amount Paid $8,330.00

Balance Due $15,790.00 RECEIVED 07/15/2024 ROC LEGAL

A D D I T I O N A L N O T E S RECEIVED 07/15/2024 ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL RECEIVED 07/15/2024 ROC LEGAL 7/16/24, 4:07 PM Gmail - Patio Design Group - MVP RECEIVED 07/16/2024 ROC LEGAL Chad at MVP <[email redacted]>

Patio Design Group - MVP messages

Chad @ MVP <[email redacted]> Thu, Feb 9, 2023 at 2:59 PM To: [email redacted]

Hey Dayton,

Thank you again and we are looking forward to working with you!

Chad -- Modern Valley Patio (MVP) www.modernvalleypatio.com (602) 687-2191

attachments

Pergola builds_046.jpg 562K

Pergola builds_045.jpg 523K

Dayton Meyer <[email redacted]> Thu, Feb 9, 2023 at 3:23 PM To: "Chad @ MVP" <[email redacted]>

Hi Chad,

Thank you. This looks great.

I think the roof would look a little better if it was symmetrical on all 4 sides. ~1.5 feet of overhang on all 4 sides should be good.

If we need to adjust the spacing of the posts to accommodate the door width, that shouldn't be a problem.

Since we still need to figure out the doors, If you can send over an estimate for the structure alone that would be great.

Thanks!

Dayton Meyer General Manager (480)589-9154 Patio Design Group, LLC 2614 N. Scottsdale Rd. Scottsdale, AZ 85257 www.pdgaz.com

From: Chad @ MVP <[email redacted]> Sent: Thursday, February 9, 2023 2:59 PM To: Dayton Meyer <[email redacted]> Subject: Patio Design Group - MVP

[Quoted text hidden]

Chad @ MVP <[email redacted]> Tue, Mar 28, 2023 at 3:55 PM To: Dayton Meyer <[email redacted]>

Hey Dayton,

Chad [Quoted text hidden]

attachments

Pergola builds_047.jpg 517K

Pergola builds_050.jpg 519K

Pergola builds_048.jpg 537K

Pergola builds_049.jpg 485K

Dayton Meyer <[email redacted]> Tue, Mar 28, 2023 at 5:13 PM To: "Chad @ MVP" <[email redacted]>

Thanks Chad, looks good. I like the look of rendering 49/50 more (10” beams set outside the posts).

Do you need to update the proposal or does it not change?

Dayton Meyer General Manager (480)589-9154 Patio Design Group, LLC 2614 N. Scottsdale Rd. Scottsdale, AZ 85257 www.pdgaz.com

From: Chad @ MVP <[email redacted]> Sent: Tuesday, March 28, 2023 3:55:11 PM To: Dayton Meyer <[email redacted]> Subject: Re: Patio Design Group - MVP

[Quoted text hidden]

Chad @ MVP <[email redacted]> Wed, Mar 29, 2023 at 2:17 PM To: Dayton Meyer <[email redacted]>

Hey Dayton,

I'm good with that, I liked the look with the 10" on the outside too so I think it will be clean.

The updated design actually comes down a bit, we can shave off $450, removing the 8" posts actually netted out and changes plus some so we should be good to go.

Let me know if we've got the approval on it and we'll get parts ordered asap and I can coordinate the deposit with you however you'd like to do it.

Chad [Quoted text hidden]

https://mail.google.com/mail/u/2/?ik=95981b2e36&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 2/2 Received 7/18/2024 ROC Legal

Hello,

Below is the documentation supporting the claim ﬁled for Non-payment against Patio Design Group LLC.

IV. A description of the work to be performed under the contract (including any addenda

Modern Valley Patio LLC, Case No. 2024-07918 COMPLAINANT, v.

Patio Design Group LLC, CITATION License No. ROC 327203, 331635,

RESPONDENT.

The Registrar issues this Citation to Patio Design Group LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 19, 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 July 15, 2024, Modern Valley Patio LLC (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(10) Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee’s

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-07918. 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, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 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 19, 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

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a 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).

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 September 4, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 4, 2024 to: Respondent Certified Mail No: [number redacted] Patio Design Group LLC 2614 N Scottsdale Rd Scottsdale, AZ 85257

/// ///

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy mailed by USPS First Class Mail this same date to: Respondent Patio Design Group LLC 2614 N Scottsdale Rd Scottsdale, AZ 85257 Complainant Modern Valley Patio LLC 23088 E Camina Buena Vista Queen Creek, AZ 85142 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. 2024-07918

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RECEIVED 07/15/2024 ROC LEGAL Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 2024-07918 P.O. Box 18243 Phoenix, AZ 85005-8243

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

I N V O I C E

Modern Valley Patio Queen Creek, AZ (602) 687-2191

Dayton Highline AZ Invoice # 1143 6835 E Camelback Rd, B07 Date 4/19/2023 Scottsdale, AZ 85251 Amount Due $15,790.00

Due Date 7/28/2023

Item Description Amount

4k pergola 4k aluminum pergola $18,620.00 Highest strength material - Extruded aluminum Modern design

Size: ~14x14 Freestanding insulated roof

Materials: - 6" posts 10" beam mainframe 14x14 IRP roof footprint 6" horizontal posts for door support

Options: can lights Fan beam pre-wire Electrical stubbed at post

Color: Black with white roof

Added 4 - 6" posts around roof perimeter for height

4K gate 7453 N 70th St gate $1,750.00

4K gate 2 gates - Glenrosa $3,750.00

Payment due upon $15,790.00 completion Overdue 7/28/2023

Amount Paid $8,330.00

Balance Due $15,790.00 RECEIVED 07/15/2024 ROC LEGAL

Patio Design Group - MVP messages

Chad @ MVP <[email redacted]> Thu, Feb 9, 2023 at 2:59 PM To: [email redacted]

Hey Dayton,

Thank you again and we are looking forward to working with you!

Chad -- Modern Valley Patio (MVP) www.modernvalleypatio.com (602) 687-2191

attachments

Pergola builds_046.jpg 562K

Pergola builds_045.jpg 523K

Dayton Meyer <[email redacted]> Thu, Feb 9, 2023 at 3:23 PM To: "Chad @ MVP" <[email redacted]>

Hi Chad,

Thank you. This looks great.

I think the roof would look a little better if it was symmetrical on all 4 sides. ~1.5 feet of overhang on all 4 sides should be good.

If we need to adjust the spacing of the posts to accommodate the door width, that shouldn't be a problem.

Since we still need to figure out the doors, If you can send over an estimate for the structure alone that would be great.

Thanks!

Dayton Meyer General Manager (480)589-9154 Patio Design Group, LLC 2614 N. Scottsdale Rd. Scottsdale, AZ 85257 www.pdgaz.com

From: Chad @ MVP <[email redacted]> Sent: Thursday, February 9, 2023 2:59 PM To: Dayton Meyer <[email redacted]> Subject: Patio Design Group - MVP

[Quoted text hidden]

Chad @ MVP <[email redacted]> Tue, Mar 28, 2023 at 3:55 PM To: Dayton Meyer <[email redacted]>

Hey Dayton,

Chad [Quoted text hidden]

attachments

Pergola builds_047.jpg 517K

Pergola builds_050.jpg 519K

Pergola builds_048.jpg 537K

Pergola builds_049.jpg 485K

Dayton Meyer <[email redacted]> Tue, Mar 28, 2023 at 5:13 PM To: "Chad @ MVP" <[email redacted]>

Thanks Chad, looks good. I like the look of rendering 49/50 more (10” beams set outside the posts).

Do you need to update the proposal or does it not change?

Dayton Meyer General Manager (480)589-9154 Patio Design Group, LLC 2614 N. Scottsdale Rd. Scottsdale, AZ 85257 www.pdgaz.com

From: Chad @ MVP <[email redacted]> Sent: Tuesday, March 28, 2023 3:55:11 PM To: Dayton Meyer <[email redacted]> Subject: Re: Patio Design Group - MVP

[Quoted text hidden]

Chad @ MVP <[email redacted]> Wed, Mar 29, 2023 at 2:17 PM To: Dayton Meyer <[email redacted]>

Hey Dayton,

I'm good with that, I liked the look with the 10" on the outside too so I think it will be clean.

The updated design actually comes down a bit, we can shave off $450, removing the 8" posts actually netted out and changes plus some so we should be good to go.

Let me know if we've got the approval on it and we'll get parts ordered asap and I can coordinate the deposit with you however you'd like to do it.

Chad [Quoted text hidden]

https://mail.google.com/mail/u/2/?ik=95981b2e36&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 2/2 Received 7/18/2024 ROC Legal

Hello,

Below is the documentation supporting the claim ﬁled for Non-payment against Patio Design Group LLC.

IV. A description of the work to be performed under the contract (including any addenda

VII. An explanation of who was to receive payment – Modern Valley Patio was to receive payment for the original estimate along with the 2 subsequent line items that were added for additional work. The payment was to be in the form of a 50/50 split per the estimate and invoice agreements. The original 50% deposit was provided for the shade structure but no further payments were made for this work. Received 7/23/24, 4:51 PM State of Arizona Mail - Re: ROC Notice of No-Pay Complaint 2024-07918 - DO NOT REPLY 7/22/2024 ROC Legal

Legal New Mail - AZROC <[email redacted]>

Re: ROC Notice of No-Pay Complaint 2024-07918 - DO NOT REPLY message

Chad @ MVP <[email redacted]> Mon, Jul 22, 2024 at 6:19 PM To: Legal New Mail - AZROC <[email redacted]>

Hello,

I submitted the complaint attached in this email however I realized I made one mistake in the submission and I was wondering if it was able to be changed or if it was too late and had already been sent to the non--paying contractor in this case?

I downloaded and attached a copy of the invoice for the amount due however our estimating software automatically updated the contact info/name at the top of the invoice to the latest info we have for that specific person. In this case the original estimate/invoice was sent to Dayton Meyer who worked for Robert (the non-paying contractor) at the time so that is what I downloaded and sent but Dayton, who has since left the company because of all the issues with Robert and not being paid himself, has moved on to another business which we still work well with and continue to do business with without issue. The problem here is that we've updated Dayton's specific contact info in our system and when we downloaded a copy of the Invoice relevant to this case, it put the new info for Dayton on the top line vs. the original info from when he worked at Patio Design Group.

All the problems and everything else with PDG remain the same but knowing the nature of the contractor I am worried he may go after his former employer Dayton or somehow try to use this clerical error as a wedge to skirt responsibility that is full on himself and Patio Design Group. The original estimate that was sent to Dayton when he was still employed at PDG is attached but please let me know if this complaint has been sent to Robert already or where it is in the process so I can inform Dayton of my mistake if it is too late.

Thank you for the help,

Chad

On Mon, Jul 22, 2024 at 8:42 AM Katelyn Rolling <[email redacted]> wrote: Hello,

Attached, please find an electronic courtesy copy of the Notice of No-Pay Complaint issued in Complaint No. 2024- 07918. This document was also sent to your attention via US Mail.

Please do not reply directly to this email. Any reply or response should be addressed to [email redacted].

Katelyn Rolling Legal Assistant II Arizona Registrar of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 (602) 542-1525

Modern Valley Patio Invoice #1143 (1).pdf 130K

https://mail.google.com/mail/b/AEoRXRTgnwrHGn_jBLVgeusNAkxB9lTVLC25066rdWmwj7shIV3A/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 1/1 Received 7/22/2024 ROC Legal

I N V O I C E

Modern Valley Patio Queen Creek, AZ (602) 687-2191

Dayton Patio Design Group Invoice # 1143 2614 N Scottsdale Rd Scottsdale, AZ 85257 Date 4/19/2023

Amount Due $15,790.00

Due Date 7/28/2023

Item Description Amount

4k pergola 4k aluminum pergola $18,620.00 Highest strength material - Extruded aluminum Modern design

Size: ~14x14 Freestanding insulated roof

Materials: - 6" posts 10" beam mainframe 14x14 IRP roof footprint 6" horizontal posts for door support

Options: can lights Fan beam pre-wire Electrical stubbed at post

Color: Black with white roof

Added 4 - 6" posts around roof perimeter for height

4K gate 7453 N 70th St gate $1,750.00

4K gate 2 gates - Glenrosa $3,750.00

Payment due upon $15,790.00 completion Overdue 7/28/2023

Amount Paid $8,330.00

Balance Due $15,790.00 Received 7/22/2024 ROC Legal

A D D I T I O N A L N O T E S pdHLdHKEÿnMJIÿOP q;7;3ÿ1]ÿU4<Z157ÿP7<8ÿTÿW3MÿWXYÿR1;<@3ÿ1]ÿR1TO79ÿY10:87<5;ÿHJHKTJprNsÿTÿtXÿRXBÿWuOQReceived v Legal 7/25/2024

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I N V O I C E

Modern Valley Patio Queen Creek, AZ (602) 687-2191

Dayton Patio Design Group Invoice # 1143 2614 N Scottsdale Rd Scottsdale, AZ 85257 Date 4/19/2023

Amount Due $15,790.00

Due Date 7/28/2023

Item Description Amount

4k pergola 4k aluminum pergola $18,620.00 Highest strength material - Extruded aluminum Modern design

Size: ~14x14 Freestanding insulated roof

Materials: - 6" posts 10" beam mainframe 14x14 IRP roof footprint 6" horizontal posts for door support

Options: can lights Fan beam pre-wire Electrical stubbed at post

Color: Black with white roof

Added 4 - 6" posts around roof perimeter for height

4K gate 7453 N 70th St gate $1,750.00

4K gate 2 gates - Glenrosa $3,750.00

Payment due upon $15,790.00 completion Overdue 7/28/2023

Amount Paid $8,330.00

Balance Due $15,790.00 Received Legal 7/25/2024

A D D I T I O N A L N O T E S RECEIVED 09/04/2024 ROC LEGAL Katelyn Rolling <[email redacted]>

ROC Citation 2024-07918 - DO NOT REPLY messages

Katelyn Rolling <[email redacted]> Wed, Sep 4, 2024 at 10:39 AM Bcc: [email redacted], [email redacted]

Hello,

Attached, please find an electronic courtesy copy of the Citation issued in Complaint No. 2024-07918. This document was also sent to your attention via US Mail.

Please do not reply directly to this email. Any reply or response should be addressed to [email redacted].

Katelyn Rolling Legal Assistant II Arizona Registrar of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 (602) 542-1525

20240904 Citation MAILED 2024-07918.pdf 2252K

Robert Khoshaba <[email redacted]> Wed, Sep 4, 2024 at 10:44 AM To: Katelyn Rolling <[email redacted]>

We are not licensed and or no longer in business.

I don't know what to do.

Thank you

Image.png

Licensed, Bonded and Insured. ROC # 331635 6267E7DE Quality. Precision. Design. RECEIVED 09/04/2024 2614 N Scottsdale Rd, Scottsdale, AZ 85257 ROC LEGAL

480-306-8822 www.pdgaz.com

Cell 602-481-1838

CONFIDENTIALITY NOTICE * STATEMENT OF CONFIDENTIALITY The contents of this e-mail and its attachments are intended solely for the addressees hereof. In addition, this e-mail transmission may be confidential and it may be subject to privilege protecting communications between attorneys or solicitors and their clients. If you are not the named addressee, or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate or otherwise use this transmission. Delivery of this message to any person other than the intended recipient(s) is not intended in any way to waive privilege or confidentiality. If you have received this transmission in error, please alert the sender by reply e-mail; we also request that you immediately delete this message and its attachments, if any.

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From: Katelyn Rolling <[email redacted]> Sent: Wednesday, September 4, 2024 10:39:19 AM Subject: ROC Citation 2024-07918 - DO NOT REPLY

[Quoted text hidden] 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