2024A-08147-NPC-ROC Notice of Hearing & Packet MAILED 2024-08147.pdf
2024A-08147-NPC-ROC · Registrar of Contractors · 2024-09-10
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Prism Millwork LLC, Case No. 2024-08147
COMPLAINANT, Docket No. 2024A-08147-NPC-ROC
v. NOTICE OF HEARING ON CONTESTED CASE Mon Tano Custom Homes LLC License No. ROC 237350,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
October 30, 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 August 20, 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 10, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail September 10, 2024 to:
Respondent(s) Mon Tano Custom Homes LLC 37801 N Cave Creek #2 Cave Creek, AZ 85331
Respondent's Attorney Claudio E. Iannitelli, Esq. 5353 N 16th St Ste. 315 Phoenix, AZ 85016 Complainant(s) Prism Millwork LLC 2209 W Fairmount Dr. Tempe, AZ 85282
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. 2024-08147 /
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
August 01, 2024
Via U.S. Mail and Email
Complainant Prism Millwork LLC 2209 W Fairmount Dr Tempe, AZ 85282
Respondent Mon Tano Custom Homes LLC 37801 N Cave Creek #2 Cave Creek, AZ 85331-8522
Re: Complaint No. 2024-08147
Dear Complainant and Respondent:
The Registrar received a complaint filed against Mon Tano Custom Homes 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 August 8, 2024. Please reference the complaint number listed above if you file a response. Respondent may file a response by:
Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]
The Registrar will not issue a citation before August 8, 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/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors
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Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007
Re: Complaint No. 2024-08147
Project Information: - Project Address: 6221 E Indian Bend Rd, Paradise Valley, AZ 85253 United States - Project Start Date for Prism Millworks LLC: 12/14/2022 - Expected Completion Date: Verbal agreement was promised 3 to4 months from Feb 22nd, 2023 - Actual Completion Date: [Incomplete Prism Millwork LLC as of 08/14/2024] [Completed by MONTANO CUSTOM HOMES as of 11/20/23]
Subcontractor Information: - Company Name: Prism Millwork, LLC - License Number: 23290472 / AZROC #342978 - Contact Person: Michael Peterson - Contact Information: (602) 492-1968 / (520) 971-4081 / [email redacted] - Company Address: Prior: 2209 W Fairmont Dr, TEMPE, AZ, 85282 United States Current: 4777 S. 32nd Street, Phoenix, Az 85040
Enclosures: 1. Contract Agreement 2. Email Correspondence 3. Photographs of Substandard Work 4. Timeline of Project and Delays
Subject: Statement Regarding Subcontractor Negligence, Impact on Homeowners, Notice of Withholding Payment to Prism Millwork LLC ($7,683.7)
Dear Registrar,
I am writing to provide a formal statement regarding the severe impact of the subcontractor's negligence on the homeowners, both financially and emotionally. The actions and inactions of Prism Millwork, the cabinet subcontractor hired for our project, have resulted in significant distress and financial hardship for the homeowners, Mr. & Mrs. Risewick. Our decision (MON-TANO CUSTOM HOMES) to withhold payment is due to their negative impact on our project. The subcontractor's actions have severely affected the overall dynamic of the project and added significant stress to the homeowners. Their inexcusable quality issues, lack of communication, refusal to take accountability, and failure to complete the job, have forced us to take this step. Prism Millwork LLC; failed to meet the agreed-upon project deadlines, treated this project with no sense of urgency, and for delivering unacceptable performance. The subcontractor's actions significantly delayed our project, which caused substantial setbacks.
The details are as follows:
1. Failure to Meet Deadlines: The subcontractor was initially scheduled to show products within a verbal agreement within 6 weeks from 02/22/2023 given till 04/05/2023 due to time delays and setbacks created by Prism Millwork LLC. Upon verbal agreements created by the homeowners and interior designer they expected 3 to 4 months, which in turn Prism Millwork LLC last day was 09/20/2023 6 months 29 days for a total of 210 days. However, as of 8/14/2024, the work remains incomplete, with multiple promised completion dates missed. These delays have set the project back by 8 months. Later Completed by (MONTANO CUSTOM HOMES) 11/20/2023.
2. Lack of Communication: There has been a consistent lack of communication from the subcontractor regarding the status of the project and reasons for delays. This has further complicated project management and planning.
3. Impact on the Project: The delays and substandard work have caused significant disruption to our overall project timeline. We have incurred additional costs due to the need to hire additional labor to correct the subcontractor's mistakes. The project experienced significant delays due to various personal and operational issues unrelated to the work at hand. The subcontractor frequently provided excuses for missed deadlines, often citing personal problems that had no direct correlation to the project. This pattern of behavior severely impacted the progress and quality of the work.
4. Unacceptable Performance and Delays: A major contributing factor to these delays was the high turnover of the subcontractor's employees. Employees were constantly quitting, calling out, or unavailable to work on the project. When employees were available, they would only show up once a week, delivering a few items at a time or working for only a few hours. This inconsistent attendance and lack of commitment led to further setbacks. Throughout this process, my own employees had to step in repeatedly to correct the subcontractor's imperfections and mistakes, ensuring that the work met the required standards.
5. Property Damage: The subcontractor's team caused damage to the property. The subcontractor's box truck hit a tree, breaking a branch directly in front of the homeowners' security cameras. The truck also drove over the homeowners' painted curb and stucco, causing damage that required repainting due to the tire markings left behind. Witnessed and repainted by my employee. 6. Refusal to Take Accountability: When confronted with the quality issues, the subcontractor refused to take accountability. Instead of addressing the problems, they provided excuses and shifted blame, demonstrating a lack of professionalism and responsibility.
7. Inexcusable Quality Issues: The cabinets provided by the subcontractor were of unacceptable quality. The subcontractor's operational issues extended beyond the job site as well. They were forced to move shops due to leasing issues, further disrupting the project timeline. Moreover, there was inconsistent quality in the materials and workmanship provided by the subcontractor. Issues included poor painting, overspray, mismatched colors, and other quality control failures. For example, one of the subcontractor's employees got liquid nail on a finished piece of cabinetry, leaving visible residue that detracted from the overall quality of the work. These defects are not minor and significantly detract from the intended quality and aesthetic of the project.
8. Failure to Complete the Job: Despite multiple extensions and opportunities to rectify their mistakes, the subcontractor failed to complete the job. As of 08/14/2024, critical components of the cabinetry work remain unfinished, making it impossible for us to move forward with other aspects of the project.
9. Effect on Homeowners: The extended timeline and ongoing disruptions have affected their daily lives and caused them emotional distress. During the course of our project, the homeowners expressed significant frustration regarding the repeated failure to meet deadlines. They directly communicated their concerns to us, the general contractor
(MONTANO CUSTOM HOMES) and expressed that they were increasingly upset about the delays. The homeowners also conveyed that they felt we were being unfairly blamed for the poor performance of the subcontractor, which only heightened the tension on the project.
The situation escalated to the point where the homeowners no longer wished to have any direct communication with Michael, (Prism Millwork LLC) the subcontractor. The frustration and anger caused by the delays and substandard work led the homeowners to insist that any further communication be handled exclusively by the general contractor or the interior designer. This decision was made to avoid further confrontation and to manage the situation more effectively.
Due to the increased tensions and the homeowners' dissatisfaction, we were forced to take matters into our own hands. In order to keep the project moving forward and to meet the homeowners' expectations, we decided to complete the remaining work at our own expense without the subcontractor. Despite these difficulties, we remained committed to delivering a high-quality result and did everything in our power to ensure the project was completed to the satisfaction of the homeowners.
10. Financial Impact: The homeowners have incurred significant financial losses due to Subcontractor's negligence. The challenges we faced with the subcontractor not only added financial and time burdens on us but also created an atmosphere of stress and frustration for the homeowners. 11. Extended Timeline: The project's delays have caused the homeowners to incur extra costs for temporary housing, storage, and other related expenses.
12. Emotional Distress: The homeowners have suffered considerable emotional distress due to the subcontractor's negligence. The extended timeline, ongoing disruptions, and uncertainty have affected their daily lives and caused significant stress and anxiety. The inability to move into their completed home as planned has further exacerbated their emotional suffering.
13. Attempts to Resolve: We have made numerous attempts to resolve these issues directly with the subcontractor through phone calls, emails, and in-person meetings. Despite these efforts, the subcontractor has failed to provide a satisfactory resolution. As a result, we have decided to withhold payment.
14. Character Defamation: The statement made on Friday, January 19, at 4:01 PM, which reads: “Just fucking tell me you spent the money on hookers and blow... I would respect that more,” is a direct attack on my character and integrity. This statement is not only false and baseless but also highly defamatory.
Accusations of such a nature suggest illegal and immoral behavior that can cause severe damage to my personal and professional reputation. This type of language and accusation, made without any evidence or justification, constitutes character defamation. It is designed to tarnish my reputation and undermine the trust and respect I have worked hard to build.
I take these accusations very seriously and assert that such defamatory statements have no place in professional or personal communication. I demand that this false statement be retracted immediately and that an apology be issued to address the harm caused to my reputation.
This statement, and any similar unfounded accusations, will not be tolerated, and I reserve the right to pursue all legal remedies available to me under the law to protect my reputation and hold those accountable who make defamatory remarks.
The statement made on Monday, January 15, at 11:21 AM, which reads: “Cause it’s going to get to the point that I’ll start showing up to job sites or out house and start yelling that I’m not getting paid in front of your clients and subs,” could be considered a form of character defamation.
This statement suggests a willingness to publicly disrupt my business operations and damage my reputation in front of clients and subcontractors. By threatening to create a scene on job sites and at my house, this statement implies that I am failing to meet my financial obligations and could harm the trust that I have established with my clients and business partners.
15. Subcontractor's Unannounced Visit to Personal Residence: On 08/12/2024, The subcontractor unexpectedly drove by my personal residence twice. This uninvited visit, particularly in the context of our ongoing legal disagreements, can be perceived as an act of intimidation and harassment. The unannounced presence of the subcontractor at my home created a significant level of discomfort and concern, as it crossed professional boundaries and entered the realm of my private life. Given that we are currently in a legal dispute, this action appears to be an attempt to exert undue pressure on me outside the formal legal channels. Such behavior could be interpreted as an effort to intimidate me into making concessions or resolving the dispute in a manner favorable to them.
This visit was not necessary, as all communications regarding our legal and contractual matters should have been conducted through appropriate professional or legal channels. By choosing to confront me at my residence,
the subcontractor’s actions went beyond the scope of business-related interactions and entered into the territory of personal harassment.
I view this conduct as wholly inappropriate and unacceptable. It not only invaded my personal privacy but also created an environment of intimidation that is not conducive to fair and impartial resolution of our legal issues. Such actions undermine the integrity of the legal process and could potentially escalate tensions unnecessarily.
I consider this incident as a serious matter and reserve the right to take further legal action to protect myself and my family from any form of harassment or intimidation in the future.
16. Intermingling of Invoices: Upon initially meeting with the subcontractor, we decided to give a down payment for cabinets intended for our personal home. This decision was made based on the subcontractor's initial presentation and our belief in their ability to deliver quality work.
However, as the project progressed, numerous issues arose, including constant delays, inconsistent quality, and unprofessional behavior, as previously detailed. These issues severely impacted the subcontractor’s performance on the project we had contracted (Prism Millwork LLC) for, leading us to withhold payment due to their subpar work.
In response, the subcontractor unjustly used the down payment for our personal home cabinets as collateral, leveraging it against the withheld payment for the unrelated project. This action was inappropriate and unprofessional, as the funds for our personal home cabinets had no connection to the project in dispute. The subcontractor's decision to use our personal deposit as leverage further complicated the situation and demonstrated a lack of integrity and respect for the separate agreements in place.
This misuse of our personal funds, combined with their overall poor performance, has created a significant breach of trust and has caused us considerable inconvenience and financial strain.
17: Incorrect Claim Amount: In addition to the issues previously mentioned, the subcontractor has submitted a claim to the Registrar of Contractors (ROC) regarding the payment amount. However, this claim is inaccurate and does not reflect the actual amount owed.
The payment amount stated in the subcontractor’s claim is significantly less than what is accurate based on the work completed and the payments already made. To support this, we have provided both a screenshot and a bank statement (actual amount $7,638.7), clearly showing that the balance in question is incorrect. These documents illustrate that the subcontractor's claim is not only baseless but also misleading.
We believe that this inaccurate claim to the ROC is another attempt by the subcontractor to obfuscate the issues and deflect responsibility for their substandard performance. We are committed to resolving this matter fairly, but the subcontractor's actions, including submitting incorrect payment information, further complicate and delay the resolution process.
We respectfully request that the ROC consider the evidence provided, which clearly demonstrates the inaccuracy of the subcontractor’s claim, and take this into account when reviewing the complaint.
We hope that this enclosed information will provide the necessary context and evidence into the subcontractor's conduct. Considering the above, we request the Arizona Registrar of Contractors to investigate this matter and take appropriate action. We also seek guidance on the next steps we can take.
Please find attached relevant documents, including the contract, correspondence with the subcontractor, and photographs of the substandard work.
**Attachments will be sent following this document, please contact if any information is inaccessible or for clarification on attachments provided. **
Thank you for your attention to this matter.
Sincerely,
MONTANO CUSTOM HOMES Alfredo Montano By: Angie Koehle Posted 3:00 PM, Mar 21, 2017 and last updated 10:15 AM, Mar 22, 2017
They take your money and run according to the Arizona Registrar of
Contractors. The agency added three Valley men to its 'Most Wanted
Unlicensed Entity List', made up of people posing as contractors.
1. Michael R. Peterson, 36 years old
According to ROC, Peterson operates in Mesa and Scottsdale under the name Peterson Millwork and Design,LLC . He's currently wanted for felony theft. From 2014 to 2016, the ROC received three complaints against Peterson. In the claim submitted to court, Peterson is accused of taking $6,500 without performing any work. Website Cited: https://www.abc15.com/news/let-joe-know/most-wanted-az-adds-three-valley-men-to- list-of-crooked-contractors
Upon discovering that Michael R. Peterson, the subcontractor involved in our project, is listed among Arizona's "Most Wanted" contractors due to past fraudulent and unethical practices, as detailed in the ABC15 article, it became evident how this information correlates directly with the issues we experienced.
The inclusion of Mr. Peterson on this list is not just a reflection of past transgressions but also a predictor of the substandard performance and unprofessional conduct we encountered during our project. The issues outlined in our complaint—such as missed deadlines, poor workmanship, misuse of funds, and erratic communication—are consistent with the patterns of behavior attributed to Mr. Peterson in his previous dealings as described in the article. This pattern of behavior significantly undermines trust and raises questions about his ability to fulfill contractual obligations reliably and ethically. Moreover, the fact that Mr. Peterson is publicly recognized as one of the "Most Wanted" contractors in Arizona for his history of fraudulent activities has had a detrimental impact on our project, as it exemplifies a continuing trend of mismanagement and dishonesty. This information, had it been known earlier, would have influenced our decision to engage him as a subcontractor and might have prevented the extensive delays, additional costs, and emotional distress suffered by all parties involved.
The negative reputation associated with Mr. Peterson, now substantiated by this public information, not only explains but also amplifies the severity of the issues we faced, validating our concerns about his competency and integrity. This revelation underscores the importance of holding such individuals accountable to protect other homeowners and contractors from similar detrimental experiences.
We urge the Registrar of Contractors to take this information into account when reviewing our complaint and to consider the broader implications of allowing contractors with such reputations to continue operating without repercussions. The information provided should serve as further justification for seeking redress and ensuring that future projects are not marred by the involvement of individuals with such troubling histories.
Considering the numerous issues and disputes outlined above, it is clear that the subcontractor's performance and conduct have been not only substandard but also disruptive to the overall progress and completion of the project. The repeated failures to meet deadlines, maintain quality, and communicate effectively have caused significant financial, emotional, and operational harm to all parties involved, including the homeowners and our own contracting team.
Furthermore, the subcontractor's attempts to misuse funds, provide inaccurate claims to the Registrar of Contractors (ROC), and engage in actions that could be construed as intimidation and harassment have exacerbated the situation and further strained professional relationships. These actions have led to a breakdown in trust and have forced us to take extraordinary measures, including personally correcting their work and absorbing additional costs to ensure the project's completion.
It is our hope that this comprehensive account, supported by the evidence provided, will guide the appropriate authorities in taking the necessary steps to rectify these issues. We remain committed to upholding our professional standards and ensuring that all parties involved are treated fairly and justly. We respectfully request that the ROC consider all the facts presented and take appropriate action in accordance with Arizona law to address the grievances and ensure that the standards of our industry are upheld. **Legal Disclaimer**
The information provided in this document regarding Michael R. Peterson and his associated company is based on our direct experiences, documented interactions, and publicly available information, including but not limited to media reports and other sources. The statements and claims made herein are presented in good faith and are intended to accurately reflect the circumstances surrounding our project and the conduct of the subcontractor.
This document is submitted to the Arizona Registrar of Contractors (ROC) for the purpose of addressing and resolving disputes related to the subcontractor’s performance, professionalism, and adherence to contractual obligations. While every effort has been made to ensure the accuracy of the information provided, the content of this document should not be construed as a final legal determination of liability or wrongdoing.
The ROC and any other entities reviewing this information are advised to conduct their own independent investigation and verify all facts and allegations presented. This document does not constitute legal advice, and any actions taken based on the information herein should be undertaken with appropriate legal counsel and due diligence.
The authors of this document do not assume responsibility for any consequences arising from the use or misuse of the information contained within. All rights are reserved to pursue further legal remedies if necessary, and this document is provided without prejudice to any future legal claims or actions that may be initiated based on the content herein. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Case No. 2024-08147 Prism Millwork LLC,
COMPLAINANT, v. CITATION Mon Tano Custom Homes LLC, License No. ROC 237350,
RESPONDENT.
The Registrar issues this Citation to Mon Tano Custom Homes LLC, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 4, 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 19, 2024, Prism Millwork 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 operations as a contractor unless the 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 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. 2024-08147. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:
In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 4, 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
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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 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).
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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 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 20, 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, August 20, 2024 to: Respondent Certified Mail No: [number redacted] Mon Tano Custom Homes LLC 37801 N Cave Creek Rd #2 Cave Creek, AZ 85331-8522
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy mailed by USPS First Class mail this same date to: Respondent Mon Tano Custom Homes LLC 37801 N Cave Creek Rd #2 Cave Creek, AZ 85331-8522 Complainant Prism Millwork LLC 2209 W Fairmount Dr Tempe, AZ 85282 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. 2024-08147 / GM
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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 Received by Investigations 07/19/2024 2024-08147 Received by Investigations 07/19/2024 2024-08147 Received by Investigations 07/19/2024 2024-08147 Received by Investigations 07/19/2024 2024-08147 Received by Investigations 07/19/2024 2024-08147 Received by Investigations 07/19/2024 2024-08147 Received by Investigations 07/19/2024 2024-08147 Received by Investigations 07/19/2024 2024-08147 Received by Investigations 07/19/2024 2024-08147 Received by Investigations 07/19/2024 2024-08147 Received 8/21/2024 ROC Legal
Claudio E. Iannitelli (012759) - [email redacted] IANNITELLI MARCOLINI, P.C. 5353 North 16th Street, Suite 315 Phoenix, Arizona 85016 (602) 952-6000 Attorneys for Respondent REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Prism Millwork LLC, No. 2024-08147 Complainant, ANSWER TO CITATION AND COMPLAINT v. Mon Tano Custom Homes LLC License No. ROC 237350 Respondent. Respondent Mon Tano Custom Homes LLC (“Respondent” or “Mon Tano”),
for its Answer to the Citation and Complaint, states as follows: 1. Respondent denies the allegations set forth in Charge 1 of the Citation
and Complaint. 2. Respondent affirmatively alleges that it did not violate the provisions
of A.R.S. § 32-1154(A)(10) and further, that the provisions of this statute are not applicable to the circumstances underlying the Complaint filed by Complainant Prism Millwork LLC (“Complainant” or “Prism”). 3. Respondent affirmatively alleges that Claimant failed to meet its
obligations related to the Risewick Residence project located at 6221 E. Indian Bend Road, Paradise Valley, Arizona 85251 (the “Project”) because Complainant failed to devote sufficient time and efforts to complete the work, Complainant’s performance
No. 2024-08147 4854-4645-3723, v. 1 Received 8/21/2024 ROC Legal
was unreasonably delayed, Complainant failed to complete the work in a workmanlike manner, and Complainant effectively abandoned the Project and intentionally failed to address the concerns raised by the homeowners. 4. The facts and circumstances establishing that Claimant is not contractually entitled to any further payment from Respondent for the Project are as follows: a. Respondent entered into a Cabinetry Proposal & Agreement for the Project on or about August 8, 2022 and on the same date issued a deposit payment to Claimant in the amount of $45,664.80 (Mon Tano Check # 3538). b. After approval of plans, Complainant began working upon the Project on December 12, 2022. Complainant’s last day of work at the Project was September 20, 2023. c. During this period, Complainant’s work upon the Project was sporadic. d. The work completed by Complainant was deficient in a number of ways and while brought to Complainant’s attention, Complainant failed and refused to correct its deficient work. In fact, Complainant did to complete all of the work upon the Project. e. Respondent has incurred costs and expenses to correct and complete portions of Complainant’s Work upon the Project. f. After proper offsets for the costs and expenses Respondent incurred to complete Complainant’s work, no balance is due to Complainant.
No. 2024-08147 4854-4645-3723, v. 1 Received 8/21/2024 ROC Legal
g. The amount withheld from Complainant due to its lack of performance is $7,683.70 and not $14,890.70 as claimed by Complainant. A proper recap is detailed below: Charges for Work Master Vanities and Cabinets $17,718.00 Her Closet and Cabinets $23,457.00 His Closet and Cabinets $16,689.00 Casita Kitchenette/Media $ 9,218.50 Installation, Trims and Components $ 6,637.00 Vanity Change Order $ 3,850.00 Total Charges $77,569.50 Payments and Credits Before Offsets Initial Deposit, Ck # 3538 $45,664.80 Change Order Payment, Ck # 3600 $ 3,850.00 Credit for Ck # 3170 $ 2,000.00 Credit for Ck # 187 $18,416.00 Total Payments and Credits $69,930.80 Total Charges Less Payments and Credits = $7,638.70 5. As a further affirmative defense, Respondent contends that the Citation and Complaint was issued without basis and that Claimant is using the Registrar of Contractors as its collection agent for the purpose of collecting an amount which is not owed and/or which, at a minimum, is subject of a substantial and legitimate dispute arising from Complainant’s lack of performance. THEREFORE, Respondent Mon Tano Custom Homes LLC requests that the Citation and Complaint be dismiss and that the existence of such matter be expunged from Respondent’s records with the Registrar of Contractors. RESPECTFULLY submitted this 21st day of August, 2024. IANNITELLI MARCOLINI, P.C. By /s/ Claudio E. Iannitelli Claudio E. Iannitelli Attorneys for Respondent
No. 2024-08147 4854-4645-3723, v. 1 Received 8/21/2024 ROC Legal
ORIGINAL of the foregoing submitted this 21st day of August, 2024, with: Registrar of Contactors [email redacted] COPY of the foregoing emails and mailed (certified, return receipt requested) this 21st day of August, 2024, to: Prism Millwork LLC [email redacted] 4777 S. 32nd Street Phoenix, Arizona 85040 Complainant By /s/ Claudio E. Iannitelli
No. 2024-08147 4854-4645-3723, v. 1 Received 8/22/24, 8:14 AM State of Arizona Mail - Response to Citation Case No. 2024-08147 8/21/2024 ROC Legal
Answers - AZROC <[email redacted]>
Response to Citation Case No. 2024-08147 message
Claudio Iannitelli <[email redacted]> Wed, Aug 21, 2024 at 5:25 PM To: "[email redacted]" <[email redacted]> Cc: "[email redacted]" <[email redacted]>
Please be advised that our firm will be representing the Respondent in this matter.
Attached is the Response to the Citation and Complaint.
Claudio E. Iannitelli, Esq.
Iannitelli Marcolini, P.C.
Direct Dial: (602) 952-0415
Email: [email redacted]
5353 N. 16th Street, Suite 315
Phoenix, Arizona 85016
Telephone: (602) 952-6000
Facsimile: (602) 952-7020
w w w. i m l a w p c . c o m
IMPORTANT: This message is intended only for the use of the intended recipient(s), and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any unauthorized review, use, copying, disclosure or distribution is strictly prohibited. If you have received this communication in error, please immediately notify us by reply email or telephone, and destroy all copies of the original message.
Response to Citation Case No. 2024-08147.pdf 114K
https://mail.google.com/mail/b/AEoRXRR6bEOAzjgwKjNYRkAMsvh4xfB5SruLI2-X1ENScoidmAza/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Prism Millwork LLC, Case No. 2024-08147 COMPLAINANT, v. Mon Tano Custom Homes LLC ORDER DENYING REQUEST TO License No. ROC 237350, DISMISS RESPONDENT.
BACKGROUND On August 20, 2024 the Registrar issued a citation against Respondent’s License No. 237350. Respondent filed its Answer on August 21, 2024 The Answer included a request to dismiss the citation and close the complaint. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. There are genuine factual disputes between the parties, and the issues underlying the Citation and Complaint are best to be resolved before an Administrative Law Judge at the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated August 30, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors
of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Copy mailed via USPS First Class mail August 30, 2024 to: Respondent Mon Tano Custom Homes LLC 37801 N Cave Creek #2 Cave Creek, AZ 85331 Attorney for Respondent Claudio E. Iannitelli, Esq. Iannitelli Marcolini, P.C. 5353 N 16th St Ste 315 Phoenix, AZ 85016 Complainant(s) Prism Millwork LLC 2209 W Fairmount Dr Tempe, AZ 85282 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar
Case No. 2024-08147/
of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 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