2024A-12975-LDA-LS-ROC Notice of Hearing & Packet MAILED

2024A-12975-LDA-LS-ROC · Registrar of Contractors · 2024-11-27

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Arizona Registrar of Contractors, Case No. 2024-12975 COMPLAINANT, Docket No.: 2024A-12975-LDA-LS-ROC v. License Application No. APP-[number redacted] Christopher Adam Etheridge , RESPONDENT. NOTICE OF HEARING ON APPEALABLE AGENCY ACTION

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 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. Velva Moses-Thompson

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 in the Arizona Office of Administrative Hearings (“OAH”), and is conducted in a

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REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg128 6/21 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 on appealable agency actions under Title 32, Chapter 10 are conducted pursuant to Title 41, Chapter 6, Article 10. A.R.S. § 32-1156. The statutes and rules governing the hearing can be found at A.R.S. §§ 41-1092 to - 1092.12, and Arizona Administrative Code (“A.A.C.”) R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

The following Arizona statutes are rules are relevant to this matter: LICENSE A.R.S.

§ 32-1122 (C)

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED As set forth in the Notice of License Denial, Respondent’s application for a contractor’s license was denied based on Mr. Etheridge fails to qualify for a license under A.R.S. § 32-1122(C) because of the recent felony conviction, and discharge from incarceration, which violates § 32-1154(A)(7). The Registrar finds that Mr. Etheridge’s prior

felony conviction establish that he is not qualified for licensure under A.R.S. § 32-1122(C).

RIGHT TO BE REPRESENTED 2 of 7

REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg128 6/21 Respondent may be represented by an attorney. A.R.S. § 41-1092.07(B). If Respondent 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).

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. Respondent 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/. NOTE: The Arizona Office of Administrative Hearings has directed that all hearings scheduled on or after Monday, August 2, 2021 shall be conducted as follows: (1) Unless the Notice of Hearing provides otherwise, hearings will be held in-person at the Office of Administrative Hearings in Phoenix. Hearings may also be conducted by either video conference or telephone. (2) Parties or witnesses wishing to appear by video conference or telephone may do so upon request. A request to appear by video conference or telephone must be submitted to the assigned administrative law judge no later than seven (7) calendar days prior to

the hearing date. If a party or witness does not file a request to appear by video

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REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg128 6/21 conference or telephone, the administrative law judge will presume that the party or witness will attend the hearing in-person. (3) Additional information, including standard to follow for in-person hearings, may be found at https://www.azoah.com/COVID_Advisements.html.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s witnesses 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 witnesses 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.

CHANGE OF ADDRESS

Respondent must inform the Registrar and the OAH of any change of address within

five days of the change. A.R.S. § 41-1092.04.

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REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg128 6/21 SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS Respondent must be prepared to present evidence in support of its case. If Respondent wants to obtain testimony from a witness or documents not in the party’s possession, Respondent 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 OAH’s website at www.azoah.com. Respondent 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 OAH. 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 OAH, directed to the assigned administrative law 5 of 7

REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg128 6/21 judge, and transmitted to the Registrar and all other parties. The assigned administrative law judge may be found on the OAH’s 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 OAH, 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 OAH 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 November 27, 2024. By: /s/ Erika Hoskin Erika Hoskin Legal Assistant II Legal Department Arizona Registrar of Contractors

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REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg128 6/21

Copy mailed via USPS First Class mail November 27, 2024 to: Respondent(s) Christopher Adam Etheridge 2089 W Vineyard Plains Dr. San Tan Valley, AZ 85144

Complainant(s) Arizona Registrar of Contractors 1700 W Washington St Ste., 105 Phoenix, AZ 85007

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant, Arizona Registrar of Contractor’s Counsel Assistant Attorney General, at [email redacted] Case No. 2024-12975

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REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg128 6/21 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