2024A-08839-NPC-ROC Notice of Hearing & Packet MAILED 2024-08839.pdf

2024A-08839-NPC-ROC · Registrar of Contractors · 2024-10-29

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Saguaro Skies Cabinetry And Design LLC, Case No. 2024-08839

COMPLAINANT, Docket No. 2024A-08839-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Arizona Construction Plus LLC License No. ROC 301516,

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

HEARING INFORMATION The hearing is set for:

December 10, 2024 1:00 PM Kay Abramsohn Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on August 23, 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 October 28, 2024.

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

Copy mailed via USPS First Class mail October 28, 2024 to:

Respondent(s) Arizona Construction Plus LLC 8485 E McDonald Dr. Ste. 292 Scottsdale, AZ 85250

Complainant(s) Saguaro Skies Cabinetry And Design LLC 325 S Westwood Ste. 7 Mesa, AZ 85203

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. 2024-08839 /

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 9, 2024

Via U.S. Mail and Email

Complainant Saguaro Skies Cabinetry And Design LLC 4811 E. Julep St. Suite 103 Mesa, AZ 85205

Complainant Saguaro Skies Cabinetry And Design LLC 325 S Westwood Ste 7 Mesa, AZ 85203

Via U.S. Mail and Email

Respondent Arizona Construction Plus LLC 8485 E McDonald Dr Ste 292 Scottsdale, AZ 85250

Re: Complaint No. 2024-08839

Dear Complainant and Respondent:

The Registrar received a complaint filed against Arizona Construction Plus 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 16, 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 16, 2024 and will review Respondent’s response, if one is submitted.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 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/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors 602-542-1525

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 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) Jack Davis Street Address City State Zip Code 4811 E. Julep St. suite 103 MESA, AZ Arizona 85205 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) Arizona Construction Plus LLC ROC 301516 Street Address City State Zip Code 2111 E Broadway suite 11 tempe Arizona 85282 Phone Number Email Address

Name of Person(s) Representing License Martin Basta Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $24,307.70 May 21, 2024 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. Invoice #SS215.0 in amount of $24,307.70

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 Jack Davis 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. Printed Name Signature Date Jack Davis em67m684ÿ6;:jÿn< o9#9!ÿ/pÿ5.0C/q#ÿ<#0Bÿrÿ*#"!ÿ6768r7eess Received 8/20/2024 Legal Department

01234562ÿ89 4 ÿ123456229 4 62

ÿ2!""ÿ#$!" %2&ÿ'25ÿ()#*+,"#$-#./"+0!"1*/ 2 3-!4ÿ5-$ÿ674ÿ6768ÿ#9ÿ::;77ÿ5< 3/;ÿ=">#?-0.#1#@!A-B!,./*1#C1$/D=ÿ(">#?-0.#1#@!A-B!,./*1#C1$/D2 EFGFÿIGFÿFJIKLMÿINOÿPFQPMÿIMÿRFLLÿIMÿPEFÿKNKSILÿOFTUMKPÿVEFVWÿMPXYZÿILLÿU[ÿPEKMÿMEUXLOÿMEURÿPEIP PEF\ÿXNOFGMPUUOÿPEFÿI]GFFJFNPZÿTLFIMFÿLFPÿJFÿWNURÿK[ÿ\UXÿNFFOÿIN\PEKN]ÿFLMFZ

ÿ2^^21_ `^

abbcd 8efg

abhcd i:jg

`kÿ_25ÿad9l ::6g `kÿ_25ÿd9l :f8g >99t";mm #0B1$//$B!1*/ m #0Bm-m7mu0+v#:7@@seA8*wD0!xvt9w"!#.*>v#BBwt!. 9>0@v9>.!#@rp;:e7fs78878si:888fw"0tBv "$rp;:e7fs78878si:88y :m ¶¶85ÿ:ÿ; 9#9*ÿ.~ÿ7'&0.{#ÿ;#&,ÿ·ÿ/#!*ÿ8·¸ Received 8/20/2024

0123ÿ56789ÿ Legal Department

0123ÿ56789ÿ 0123ÿ56789ÿ 0123ÿ818879ÿ5 208 787ÿ 595ÿ!"#$%&'#(#)*+%,*-'./(#0(1.23 4%*5ÿ7%1ÿ5ÿ8ÿ#9ÿ:ÿ7; 4.:ÿ<#/=ÿ>#2&!ÿ?#/=-!#1%#'.!=&*!(/.@3 ABCBDEBFGÿIJKLMÿNOPQÿ RSTUVWXTÿZ[\]V^\ _B`KaÿbccDcIKLIÿdd beDfOLKÿAB`DcIeKeÿOgÿhOLIeKCIOec ijkkÿlÿlKcJDL`IOLÿmIQGÿmPDIBÿikn oJOBLDpGÿbqÿrnkkj sggDCBtÿukvwjjiwurij !"#$%&'#(#)*+%,*-'./(#0(1.2 4"*ÿxyzÿ&!ÿ{.|ÿ.{ÿ!./&#,ÿ@*)&#} ;#=*ÿ!%'*ÿ9.ÿ~.,,.|ÿ%!ÿ.{: #/*+..=ÿ 4|&99*' 899ÿ2ÿÿ0ÿ05ÿ2ÿ95ÿ0ÿ123ÿ23ÿ355ÿ281ÿ71 ÿ23ÿ35ÿ71ÿ55ÿ055ÿ2 #/*+..= %.9*)ÿ9*9ÿ"&))*{

7ÿ780ÿ?#/=-!#1%#'.!=&*!(/.@3 4%*5ÿ7%1ÿ5ÿ8ÿ#9ÿ:ÿ; 4.:ÿ"#$%&'#ÿ7)*+%,*ÿ!"#$%&'#(#)*+%,*-'./(#0(1.23 ÿÿÿÿ¡ÿ¢ÿ¡£ÿ¤ÿ¥ÿ¦§ÿ̈©ÿ¡ÿ¡ª¢ÿ«ª¢ÿ¢¦ÿ¤ª«¦¢ÿª¬ÿ¦ ¤ÿ¥ÿ£ÿ®ª¢¦ÿ¤ª¤ÿª©ÿ¢¦ÿÿ¡ª¢ÿ¤ÿ©ªªªÿ¯ÿ°¢ÿ¥ÿ£®ÿ¦ÿ¦ ¦©ÿ¦ªÿªÿ©©ÿ±¤ÿ¡¢ÿ°±¤¬ÿ¥ÿÿÿ¢¦¢ÿ®¦ÿ¥ÿ£ÿª¢ÿ²ÿ¥ÿ³¢ ®¢ÿ¢ÿ¡£ÿ¤² ¦£´ µ£

"99¹!:¶¶@#&,(1..1,*(/.@¶@#&,¶%¶¶º&=»#))+8/¼2&*|»¹9¼!*#'/"»#,,¼¹*'@9"&)»9"'*#)·~:½¸888¸888½¼!&@¹,»@!1·~:½¸888¸88¾ ¶¸ PQRSQRTUÿRVWXÿYZ [LLÿ\ÿ]"NÿZÿ^ÿ!ÿRSRT^SPP_`_ Received 8/20/2024 Legal Department

01234ÿ6789 8ÿÿ!"# $% &'()4ÿ*+8,-ÿ .+/ÿ01-ÿ0102ÿ33415ÿ6 724ÿ889:ÿ;8<+ÿ=!>#>!?% &@AB'C)4ÿD4ÿ98+ÿ0102E1FFGHG ÿ JK LÿLMLÿNO

LLaVQQ?# #!?Q?QQSQb>cWS_PT!d$ecaLd!cda?LcL^\VWPSf_`STTST_`gWTTTfd?ac?#^\VWPSf_`STTST_`gWTTh `Q̀ Received

- - -- - - -- - - -- - - -- 8/20/2024 Legal Department

006922 , co tt sd a le , p;z_ 85250 r , u ite 2 2 , 4 58 M cDon la d D S S 8/8 /2023 5 117, 38.5 0 u io n Plu s, LLC 8 n r ct co st E

Sagu a ro Skies Cabinetry

\� \vi. '\

1 ,753 .85 0 posit for job CP222-0 eside Cabinet and closet de con struct io n + R Received 8/20/2024 Legal Department

FW: Snow Closet Delivery Jack Davis <[email redacted]> Fri 1/5/2024 12:36 PM To:Rebecca Lockwood < [email redacted] >

� 1 attachments (184 KB) ACP Snow Closet Delivery 192.pdf;

Here is the delivery deposit invoice for the closets.

Thank you.

Jaek Davis 480-450-3228

S,AGUARO SKIIES ,lJ·l tr:. 10-- :r..

From: Phil Hiddessen Sent: Wednesday, January 3, 2024 2:09 PM To: Jack Davis Subject: Snow Closet Delivery

Thank you,

Phil Hiddessen

Office Manager/ Accounts Payable/ Accounts Receiving Received 8/20/2024 Legal Department Saguaro Skies Cabinetry and Design LLC 480-580-7699 Saguaroskies.com

SAGUAR,O SKIES • ab· 1.-·1i Received 8/20/2024 Legal Department

Snow Delivery Phil Hiddessen <[email redacted] > Thu 12/7/2023 10:48 AM To:Rebecca Lockwood < [email redacted]> Cc:Jack Davis <[email redacted]>

@ 1 attachments (184 KB) ACP Snow Delivery 181.pdf;

Hello Rebecca,

Here is the invoice for Phase 1 of the snow project, the main house. Delivery should begin next week.

Thank you,

Phil Hiddessen Office Manager/ Accounts Payable/ Accounts Receiving Saguaro Skies Cabinetry and Design LLC 480-580-7699 Saguaroskies.com

SA,GUARO SKIES all:, ·11_ r .. _.' Received 8/20/2024 Legal Department

Re: Snow Rebecca Lockwood < [email redacted] > Thu 7/27/2023 11:14 AM To:Phil Hiddessen <[email redacted]> Cc:Jack Davis <[email redacted]> Good morning,

Received the invoices, thank you.

The job address is:

Snow 8501 N. Golf Drive Paradise Valley, AZ 85253

Thanks,

On Thu, Jul 27, 2023 at 11:08 AM Phil Hiddessen < [email redacted] > wrote: Hello Rebecca,

Please find the initial for the residence, closets and invoice attached. If you want me to break out the closets on a separate invoice I can, whatever you prefer.

Thank you,

Phil Hiddessen Office Manager/ Accounts Payable/ Accounts Receiving Saguaro Skies Cabinetry and Design LLC 480-580-7699 Saguaroskies.com

SA,G1UAR,O SKI S ab·n si 111,. • Received 8/20/2024 Legal Department

Rebecca Lockwood Office Manager Cell: 408-598-6575 CONSTRUCTION Received 8/20/2024 Legal Department

Snow Phil Hiddessen <[email redacted]> Thu 7/27/2023 11 :08 AM To:Rebecca Lockwood < [email redacted]> Cc:Jack Davis <[email redacted]>

@ 3 attachments (666 KB) ACP Snow Closet.pdf; ACP Snow Residence.pdf; ACP Snow Initial 147.pdf;

Hello Rebecca,

Please find the initial for the residence, closets and invoice attached. If you want me to break out the closets on a separate invoice I can, whatever you prefer.

Thank you,

Phil Hiddessen Office Manager/ Accounts Payable/ Accounts Receiving Saguaro Skies Cabinetry and Design LLC 480-580- 7699 Saguaroskies.com

SAGUAR,O SKIES ......,,.,....,. .. ·.. i Received 8/20/2024 Legal Department

FW: Cabinetry Elevations Martin Basta <[email redacted]> Mon 7/10/2023 1:15 PM To:Jack Davis <[email redacted]> Cc:Rebecca Lockwood <[email redacted]>

@ 8 attachments (4 MB) BAR ELEVATIONS_SNOW.pdf; BATH 1 ELEVATIONS_SNOW.pdf; BUTLERS PANTRY ELEVATIONS_SNOW.pdf; COFFEE BAR ELEVATIONS_SNOW.pdf; KITCHEN ELEVATIONS_SNOW.pdf; LAUNDRY ELEVATIONS_SNOW.pdf; MASTER BATH ELEVATIONS_SNOW.pdf; MUD ROOM ELEVATIONS_SNOW.pdf;

Jack,

Attached are the cabinet drawings for the Snow residence that I mentioned today, let me know if you have any questions or need more info at this time. A majority of the house is ready to be measured and production can get started at your convenience. Thank you

Martin Received 8/20/2024 Legal Department Received 8/20/2024 Legal Department REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-08839 Saguaro Skies Cabinetry And Design LLC,

COMPLAINANT, CITATION v. Arizona Construction Plus LLC License No. ROC 301516, RESPONDENT.

The Registrar issues this Citation to Arizona Construction Plus LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 7, 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 August 5, 2024, Saguaro Skies Cabinetry And Design 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

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 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. 2024-08839. 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 7, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a

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 deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). 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

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 inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated August 23, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 23, 2024 to: Respondent Certified Mail No: [number redacted] Arizona Construction Plus LLC 8485 E McDonald Dr Ste 292 Scottsdale, AZ 85250

Copy mailed by USPS First Class mail this same date to:

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 Arizona Construction Plus LLC 8485 E McDonald Dr Ste 292 Scottsdale, AZ 85250

Complainant Saguaro Skies Cabinetry And Design LLC 325 S Westwood Ste 7 Mesa, AZ 85203 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. 2024-08839

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 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 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

PALECEK & PALECEK PLLC ATTORNEYS AT LAW 6263 N. Scottsdale Rd., Suite 144 Scottsdale, Arizona 85250 Telephone: (602) 522.2454 Facsimile: (602) 522.2349 KAREN A. PALECEK #011944 [email redacted] JAMES J. PALECEK #015953 [email redacted] Attorneys for Respondent BEFORE THE REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Saguaro Skies Cabinetry and Design LLC, CASE NO. 2024-08839

COMPLAINANT, RESPONDENT’S WRITTEN ANSWER TO CITATION -v- Arizona Construction Plus, LLC License No. ROC 301516, RESPONDENT. Respondent Arizona Construction Plus, LLC (“AZCP”), License No. ROC 301516,

by and through undersigned counsel, hereby responds to the allegations set forth in the Citation and Complaint dated August 23, 2024, as follows: GENERAL DENIAL OF ANY AND ALL CLAIMS In general, Respondent denies any and all liability for any and all claims that might

be the subject of this Citation and asserts that this Citation and Complaint be dismissed due to the fact Respondent AZCP has not been paid by the Homeowner for the work performed by Claimant.

Received 9/06/2024 ROC Legal

DEFENSES TO CHARGES The following defenses are in addition to the defenses set forth above. (1) Charge 1: A.R.S. § 32-1154(A)(10)

Respondent AZCP denies the allegations contained in Charge 1. AZCP contracted

with Complainant to provide cabinetry for the Project. The Homeowner is unhappy with the cabinet work and has not paid AZCP for the work performed with respect to the cabinets. In addition, Complainant began badgering the Homeowner for payment to the

point where Complainant was asked to leave to premises. In fact, Complainant did not

complete its work, which forced AZCP to hire another cabinet company to complete the Project and, as of this date, still have not been paid. CONCLUSION

Based on the foregoing, Respondent requests this Citation be dismissed in its

entirety. DATED this 6th day of September, 2024.

PALECEK & PALECEK PLLC

By: /s/ Karen A. Palecek Karen A. Palecek 6263 N. Scottsdale Rd., #144 Scottsdale, Arizona 85250 Attorney for Respondent

Received 9/06/2024 ROC Legal

ORIGINAL of the foregoing e-filed This 6th day of September, 2024 with:

Arizona Registrar of Contractors [email redacted]

COPIES of the foregoing emailed this 6th day of September, 2024 to: Saguaro Skies Cabinetry & Design, LLC 4811 E. Julep St, Suite 103 Mesa, AZ 85205 [email redacted] Complainant /s/ Sara Mills Sara Mills

Received 9/9/24, 9:39 AM State of Arizona Mail - Case No. 2024-08839 Saguaro Skies Cabinetry & Design / Arizona Construction Plus 9/06/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2024-08839 Saguaro Skies Cabinetry & Design / Arizona Construction Plus message

Sara Mills <[email redacted]> Fri, Sep 6, 2024 at 1:30 PM To: Answers - AZROC <[email redacted]>, Karen Palecek <[email redacted]>, [email redacted]

All,

Attached please find Respondent's Written Answer to the Citation in the above-referenced matter. Thank you!

Sara Mills Sr. Paralegal Palecek & Palecek, P.L.L.C. 6263 N. Scottsdale Road, Ste 144 Scottsdale, AZ 85250 Phone: (602) 522-2454 Fax: (602) 522-2349 E-mail: [email redacted] www.paleceklaw.com

The information contained in this electronic message is information protected by attorney-client and/or the attorney/work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via U.S. Postal Service.

2024_09_06_Written Answer to Citation.pdf 199K

https://mail.google.com/mail/b/AEoRXRTITSE4ACU1Fbag1ZdpMwD7LBEQb6VoJS30z0LYwAVMLgKA/u/0/?ik=581c53cf5c&view=pt&search=all&per… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Saguaro Skies Cabinetry And Design LLC, Case No. 2024-08839 COMPLAINANT, v. Arizona Construction Plus LLC, ORDER DENYING REQUEST TO License No. ROC 301516, DISMISS RESPONDENT.

BACKGROUND On August 23, 2024 the Registrar issued a citation against Respondent’s License No. ROC 301516. Respondent filed its Answer on September 6, 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. The issues underlying the Citation and Complaint are best suited for presentation before 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 October 18, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 18, 2024 to:

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 Respondent(s) Arizona Construction Plus LLC 8485 E McDonald Dr Ste 292 Scottsdale, AZ 85250 Complainant(s) Saguaro Skies Cabinetry And Design LLC 325 S Westwood Ste 7 Mesa, AZ 85203 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. 2024-08839/ GM

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