Responding to an ROC Complaint
A new policy statement issued by the ROC provides useful clarification of what constitutes a timely response to a workmanship or non-payment complaint.
Responding to a Registrar of Contractors complaint is
governed by specific requirements and deadlines set forth in Arizona law. To
clarify those requirements, the ROC has issued Substantive Policy Statement
2015.01: Filing Timely Answers under
A.R.S. § 32-1155.
Substantive Policy Statements are not designed to impose
additional requirements or penalties; rather, they are intended to clarify
The Policy Statement covers:
how the date of service is calculated when
the ROC serves a citation and complaint by mail;
the contractors general duty to file a
specific issues that arise when determining
the date on which the licensees written answer is due; and
the question of whether mailing a written
answer to the ROC has the same legal effect as filing a written answer with the
Following are the highlights,
which we have adapted from the Executive Summary contained in the statement.
Most citations issued by the ROC are served by mail.
Service of a citation and complaint will be
considered to have been completed five days after it is mailed to the licensed
If the ROC issues a citation, the contractor must
file a written answer.
From the date of service of the citation (i.e.,
five days after the mailing date), the contractor has only 10 calendar days i.e., not business days to file a written answer.
A phone call does not count as a contractors
answer. The answer must be in writing.
The written answer must be filed with i.e., received by the ROC within the 10-day statutory deadline. Therefore,
depositing the written answer in the mail within the 10-day deadline does not,
by itself, fulfill the 10-day deadline. (Note: Mailing the answer five
days before the deadline does not guarantee that the ROC will actually receive
your answer in a timely fashion.)
The ROC is not allowed to extend the statutory
10-day deadline for filing a written answer.
If a mailed answer is not received by the ROC
within the 10-day deadline, the answer must be considered late.
If the contractor fails to file a written answer
within 10 days after service, that failure shall be deemed as an admission that
the contractor committed the act or acts charged in the complaint.
Contractors must understand that the ROC will mail the
citation and complaint to the most recent address that the contractor has
provided to the ROC. If a contractor has moved, or if the address is incorrect,
a contractor may lose its license merely because it did not receive timely
notice of the citation and complaint. Visit the
ROC website today and
check your address.
If you have questions about the Policy Statement or
responding to an ROC complaint, please call
Kent Lang or
Mike Thal at