2024A-11101-NPC-ROC Notice of Hearing & Packet MAILED 2024-11101.pdf

2024A-11101-NPC-ROC · Registrar of Contractors · 2024-12-02

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

ARC Coatings Inc., Case No. 2024-11101

COMPLAINANT, Docket No. 2024A-11101-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE McAllister Company License No. ROC 336264,

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

HEARING INFORMATION The hearing is set for:

January 16, 2025 9:00 AM Kay Abramsohn Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on November 6, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(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 December 2, 2024.

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

Copy mailed via USPS First Class mail December 2, 2024 to:

Respondent(s) McAllister Company 6322 S. Via De Oro Fort Mohave, AZ 86426

Complainant(s) ARC Coatings Inc., 3493 E Heights Blvd Unit 112 Lake Havasu City, AZ 86404

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. 2024-11101 /

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

October 23, 2024

Via U.S. Mail and Email

Complainant ARC Coatings Inc. 3493 E Heights Blvd Unit 112 Lake Havasu City, AZ 86404

Respondent McAllister Company 6322 S. Via De Oro Fort Mohave, AZ 86426

Re: Complaint No. 2024-11101

Dear Complainant and Respondent:

The Registrar received a complaint filed against McAllister Company 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 October 30, 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 October 30, 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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Gail Mathews <[email redacted]>

Notice of No Pay Complaint 2024-11101 messages

Mike <[email redacted]> Wed, Oct 30, 2024 at 9:49 AM To: Gail Mathews <[email redacted]>

Hi Gail,

Please see attached response letter.

Text documentation below covering the entire duration of project. Photo documentation after contractor left showing over grinding, missing caulking etc.

Mike McAllister McAllister Company 925.446.5811 cell 925.470.3564 office Response.pdf 17K

Gail Mathews <[email redacted]> Wed, Oct 30, 2024 at 12:17 PM To: Mike <[email redacted]>

Received. I will add it to the complaint.

Thank you, [Quoted text hidden] -- Gail Mathews Legal Assistant II Registrar of Contractors

1700 W. Washington St., Suite 105 Phoenix, AZ 85007

602-771-6804 https://roc.az.gov Respondent to claim # 2024-11101

Date: 10/29/2024 McAllister Company hired ARC coating’s to perform work at 2446 La Mancha Dr. Ft. Mohave, AZ 86426 (New construction, single family home) The job consisted of a grind and seal along with filling in designed saw cuts in the house and epoxy coating the garage floor & stem wall as outlined on the written proposal. Originally the house portion was scheduled to start on Monday August 19, and take 4-5 days to complete. The garage was going to be done at a later time because of scheduling conflicts. • Monday August 19th Job Start • Tuesday August 20th Mr. Burk with ARC’s coatings said they would fit the garage in along with the house in the same time frame as fore mentioned. • Friday August 23rd First seal Coat applied in Garage and first 1st coating in house- Raised 1st complaint with Mr. Burk and Cesar (ARC employee) on-site about roller marks, insufficient coverage, missing filler at saw-cuts, corners not ground etc. Mr. Burk assures these problem will go away with the 2nd coat of sealer. • Saturday August 24th Final Coat applied in Garage and begin 2nd coat in house- Raised second compliant with Cesar (ARC employee) about roller marks, insufficient coverage, missing filler at saw-cuts, corners not ground etc. Was told the product is still wet and everything you are not satisfied with will go away when the product dries (24-hrs). Wrote check for final payment to contractor for $16,596. • Sunday August 25th, Contacted Mr. Burk by phone & Text-1 as all of the fore-mentioned deficiencies in the house were still present and some noticeable problems in the garage as-well. • Monday August 26th Met with Cesar (ARC) who informs me that the floor in the house will need to be reground entirely as the product was not installed properly he thought that the problems in the garage could be corrected. Cesar informed us that this was a common occurrence and that Mr. Burk usually “has the upper hand in these situations”. This was followed by an awkward speaker phone conversation between he and Mr. Burk in disagreement over how to handle us as a customer and Cesar telling Mr. Burk that if he did not take care of this problem he would return on his own time to fix the problems. Mr. Burk replied to Cesar “ To choose who’s side he’s on”. Cesar also informed us that Mr. Burk will commonly pressure his sales rep into believing that the product was defective in order to have the product replaced for free when it was actually an installation defect. This left an uneasy feeling, along with being told it would be at least 3-weeks before they could return to fix the problems, payment was stopped on the final payment check for $16,596. pending ARC returning to fix the problems. • Tuesday August 27th Phone conversation-Mr. Burk informs he will now return on labor day sept to address the problems in the garage along with regrind the house, re-seal it, fix caulking etc.. As this was his only opportunity to fix it. Having concerns about this “Fix” being performed in 1 day, I sent Mr. Burk a Text-2 sharing my concerns on how the floor would be handled and maybe we should negotiate something because the project was not going very well for either party. No reply. Text-3 from Mr. Burk that he has purchased new material and will be there labor day sept because that’s the only time he has. • Thursday August 29th Phone conversation with Mr. Burk that he is un happy/surprised that his final payment had a stop payment. • Monday September 2nd Same ARC crew arrives. Mr. Burk is un-willing to conversate with anyone outside his crew. Received Text-4 from Mr. Burk that there are 2 samples down in the living room and I should review them. Text-5 Mr. Burk telling him there were concerns with the samples. Received Text-6 from Mr. Burk that unfortunately I would have to “live with” the caulking. Text-7 to Mr. Burk that several areas were over grinded to remove the failed previous attempt and the filling material was missing at numerous locations. which was not going to leave a uniform appearance. Recommended that Mr. Burk and I walk the job the following morning so that I could show him the concerns. No reply. • Tuesday September 3rd. Mr. Burk arrived, walked past my foreman and myself as we were clearly there to greet him, clearly wanting no communication whatsoever. I followed Mr. Burk inside trying to have a conversation with him regarding the samples and the overall floor. He told me I would have to “live with it” and that it was the products fault or removal of the products fault. Mr. Burk also expressed his unhappiness about the canceled check, I once again tried to negotiate an agreement with Mr. Burk but was repeatedly told it was the products fault or the removal of the product. Defects were pointed out in the samples and Mr. Burk replied with “yep, that’s what you’re going to get”. I told Mr. Burk that the deficiencies in the samples were not acceptable along with the problems outside the samples. I told Mr. Burk if he could not perform the job he should leave before damaging the concrete further. At this stage, approx. 95% of the previously installed had been ground away. Meanwhile the other 2 ARC employees worked on the problems in the garage for several hours. Once the garage repairs were completed my foreman returned with a check for the remaining balance of the garage $3,916 (Plus previous deposit of $6,849)= Garage total $10,765 there has been no communication with Mr. Burk Since Tuesday September 3. • Tuesday October 22nd Receive Notice of No Pay Complaint in email from Gail Matthews with ROC . • Monday October 28th Received Notice of Mechanics Lien on property. • In Summary- Mr. Burk over-scheduled himself and his crew for this project by electing to do the garage at the same time as the house, causing both projects suffer from bad workmanship. Mr. Burk blames the products he’s using and in this case also the removal of the product he previously installed. This has proven to be a costly and timely expense for McAllister Company. The only consideration to negotiate with Mr. Burk at the time was because Mr. Burk and I do have common acquaintances outside of this contract and it was an effort to protect both our integrities. In my opinion Mr. Burk started the job and initially the repairs in good faith. However, I feel Mr. Burk became very frustrated over the stop payment of the check and that frustration was brought on-site during the repairs.

Mike McAllister- McAllister Company Gail Mathews <[email redacted]>

Re: No-Pay Complaint Follow-up 2024-11101 messages

Brian Burk <[email redacted]> Fri, Nov 1, 2024 at 9:52 AM To: Gail Mathews <[email redacted]>

Good Morning,

We have not been contacted or paid from McAllister at all. Mike filed a complaint with the ROC and then we I agreed to meet at the scheduled date and time then he withdrew it. I can respond to everything in his letter if needed. Definitely not exactly how everything went down. He was very upset with me that I filed a preliminary lien on the project after he stopped payment. When we returned to apply new coatings all he wanted was a huge discount, I offered $1,000 dollars . He called me a stupid MF’r and told us to get off his property. We packed and left. As I said if needed I can respond to everything if it required.

Regards Brian Burk ARC Coatings, Inc 928-466-6000

On Nov 1, 2024, at 8:30 AM, Gail Mathews <[email redacted]> wrote:

Hello,

I am writing to follow up on a No-Pay Complaint that was filed against McAllister Company. Have they made any payments or contacted you?

If they have made payments, or if this complaint has been resolved, would you like us to close the complaint? If they have not, would you like us to move forward with issuing a Citation?

Also, please see attached Respondent's response.

Please advise before November 8, 2024.

Thank you,

Gail Mathews Legal Assistant II Registrar of Contractors

1700 W. Washington St., Suite 105 Phoenix, AZ 85007

602-771-6804 https://roc.az.gov

<20241030 R's Response 2024-11101 (1).pdf>

Brian Burk <[email redacted]> Fri, Nov 1, 2024 at 10:01 AM To: Gail Mathews <[email redacted]>

Good morning,

Yes, please issue citation. Have not been contacted or paid.

Regards, Brian Burk ARC Coatings, Inc 928-466-6000

On Nov 1, 2024, at 9:52 AM, Brian Burk <[email redacted]> wrote:

Good Morning, [Quoted text hidden] Gail Mathews <[email redacted]>

No-Pay Complaint Follow-up 2024-11101 message

Gail Mathews <[email redacted]> Fri, Nov 1, 2024 at 8:29 AM To: [email redacted] Bcc: Gail Mathews <[email redacted]>

Hello,

I am writing to follow up on a No-Pay Complaint that was filed against McAllister Company. Have they made any payments or contacted you?

If they have made payments, or if this complaint has been resolved, would you like us to close the complaint? If they have not, would you like us to move forward with issuing a Citation?

Also, please see attached Respondent's response.

Please advise before November 8, 2024.

Thank you,

Gail Mathews Legal Assistant II Registrar of Contractors

1700 W. Washington St., Suite 105 Phoenix, AZ 85007

602-771-6804 https://roc.az.gov

20241030 R's Response 2024-11101 (1).pdf 3328K REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-11101 ARC Coatings Inc.,

COMPLAINANT, CITATION v. McAllister Company, License No. ROC 336264, RESPONDENT.

The Registrar issues this Citation to McAllister Company, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 21, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On September 27, 2024, ARC Coatings Inc., (“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

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 rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-11101. 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 November 21, 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 November 6, 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, November 6, 2024 to: Respondent Certified Mail No: [number redacted] McAllister Company 6322 S. Via De Oro Fort Mohave, AZ 86426

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy mailed by USPS First Class mail this same date to: Respondent McAllister Company 6322 S. Via De Oro Fort Mohave, AZ 86426 Complainant ARC Coatings Inc. 3493 E Heights Blvd Unit 112 Lake Havasu City, AZ 86404 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. 2024-11101 / GM

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received by Investigations 09/27/2024 Complaint #2024-11101 Received 11/18/2024 ROC Legal

“Written Answer to Citation and Complaint” Case No. 2024-11101.

Date: 11/18/2024 McAllister Company hired ARC coating’s to perform work at 2446 La Mancha Dr. Ft. Mohave, AZ 86426 (New construction, single family home) The job consisted of a grind and seal along with filling in designed saw cuts in the house and epoxy coating the garage floor & stem wall as outlined on the written proposal. Originally the house portion was scheduled to start on Monday August, 19 and take 4-5 days to complete. The garage was going to be done at a later time because of scheduling conflicts. • Monday August 19th Job Start • Tuesday August 20th Mr. Burk with ARC’s coatings said they would fit the garage in along with the house in the same time frame as fore mentioned. • Friday August 23rd First seal Coat applied in Garage and first 1st coating in house- Raised 1st complaint with Mr. Burk and Cesar (ARC employee) on-site about roller marks, insufficient coverage, missing filler at saw-cuts, corners not ground etc. Mr. Burk assures these problem will go away with the 2nd coat of sealer. • Saturday August 24th Final Coat applied in Garage and begin 2nd coat in house- Raised second compliant with Cesar (ARC employee) about roller marks, insufficient coverage, missing filler at saw-cuts, corners not ground etc. Was told the product is still wet and everything you are not satisfied with will go away when the product dries (24-hrs). Wrote check for final payment to contractor for $16,596. • Sunday August 25th, Contacted Mr. Burk by phone & Text-1 as all of the fore-mentioned deficiencies in the house were still present and some noticeable problems in the garage as-well. • Monday August 26th Met with Cesar (ARC) who informs me that the floor in the house will need to be reground entirely as the product was not installed properly he thought that the problems in the garage could be corrected. Cesar informed us that this was a common occurrence and that Mr. Burk usually “has the upper hand in these situations”. This was followed by an awkward speaker phone conversation between he and Mr. Burk in disagreement over how to handle us as a customer and Cesar telling Mr. Burk that if he did not take care of this problem he would return on his own time to fix the problems. Mr. Burk replied to Cesar “ To choose who’s side he’s on”. Cesar also informed us that Mr. Burk will commonly pressure his sales rep into believing that the product was defective in order to have the product replaced for free when it was actually an installation defect. This left an uneasy feeling, along with being told it would be at least 3-weeks before they could return to fix the problems, payment was stopped on the final payment check for $16,596. pending ARC returning to fix the problems. • Tuesday August 27th Phone conversation-Mr. Burk informs he will now return on labor day sept to address the problems in the garage along with regrind the house, re-seal it, fix caulking etc.. As this was his only opportunity to fix it. Having concerns about this “Fix” being performed in 1 day, I sent Mr. Burk a Text-2 sharing my concerns on how the floor would be handled and maybe we should negotiate something because the project was not going very well for either party. No reply. Text-3 from Mr. Burk that he has purchased new material and will be there labor day sept because that’s the only time he has. • Thursday August 29th Phone conversation with Mr. Burk that he is un happy/surprised that his final payment had a stop payment. • Monday September 2nd Same ARC crew arrives. Mr. Burk is un-willing to conversate with anyone outside his crew. Received Text-4 from Mr. Burk that there are 2 samples down in the living room and I should review them. Text-5 Mr. Burk telling him there were concerns with the samples. Received Text-6 from Mr. Burk that unfortunately I would have to “live with” the caulking. Text-7 to Mr. Burk that several areas were over grinded to remove the failed previous attempt and the filling material was missing at numerous locations. which was not going to leave Received 11/18/2024 ROC Legal

a uniform appearance. Recommended that Mr. Burk and I walk the job the following morning so that I could show him the concerns. No reply. • Tuesday September 3rd. Mr. Burk arrived, walked past my foreman and myself as we were clearly there to greet him, clearly wanting no communication whatsoever. I followed Mr. Burk inside trying to have a conversation with him regarding the samples and the overall floor. He told me I would have to “live with it” and that it was the products fault or removal of the products fault. Mr. Burk also expressed his unhappiness about the canceled check, I once again tried to negotiate an agreement with Mr. Burk but was repeatedly told it was the products fault or the removal of the product. Defects were pointed out in the samples and Mr. Burk replied with “yep, that’s what you’re going to get”. I told Mr. Burk that the deficiencies in the samples were not acceptable along with the problems outside the samples. I told Mr. Burk if he could not perform the job he should leave before damaging the concrete further. At this stage, approx. 95% of the previously installed had been ground away. Meanwhile the other 2 ARC employees worked on the problems in the garage for several hours. Once the garage repairs were completed my foreman returned with a check for the remaining balance of the garage $3,916 (Plus previous deposit of $6,849)= Garage total $10,765 there has been no communication with Mr. Burk Since Tuesday September 3. • Tuesday October 22nd Receive Notice of No Pay Complaint in email from Gail Matthews with ROC . • Monday October 28th Received Notice of Mechanics Lien on property. • In Summary- Mr. Burk over-scheduled himself and his crew for this project by electing to do the garage at the same time as the house, causing both projects suffer from bad workmanship. Mr. Burk blames the products he’s using and in this case also the removal of the product he previously installed. This has proven to be a costly and timely expense for McAllister Company. The only consideration to negotiate with Mr. Burk at the time was because Mr. Burk and I do have common acquaintances outside of this contract and it was an effort to protect both our integrities. In my opinion Mr. Burk started the job and initially the repairs in good faith. However, I feel Mr. Burk became very frustrated over the stop payment of the check and that frustration was brought on-site during the repairs.

Mike McAllister- McAllister Company Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

Answers - AZROC <[email redacted]>

“Written Answer to Citation and Complaint” Case No. 2024-11101. message

Mike <[email redacted]> Mon, Nov 18, 2024 at 5:20 PM To: "[email redacted]" <[email redacted]> Cc: Gail Mathews <[email redacted]>

Please see attached “Written Answer to Citation and Complaint” Case No. 2024-11101.

Text documentation below covering the entire duration of project. Photo documentation after contractor left showing over grinding, missing caulking etc.

Mike McAllister McAllister Company 925.446.5811 cell 925.470.3564 office

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 1/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 2/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 3/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 4/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 5/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 6/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 7/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 8/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 9/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 10/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 11/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 12/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 13/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 14/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 15/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 16/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 17/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 18/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 19/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 20/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 21/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 22/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 23/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 24/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 25/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 26/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 27/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 28/29 Received 11/19/24, 11:21 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-11101. 11/18/2024 ROC Legal

Written Answer to Citation and Complaint Case No. 2024-11101..pdf 125K

https://mail.google.com/mail/b/AEoRXRRndhMPUslxYczB8XPWp9TdtwliYoeb6cywP66zdfqNpDKm/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 29/29 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