2023A-01253-CHC-ROC Notice of Hearing and Packet MAILED

2023A-01253-CHC-ROC · Registrar of Contractors · 2023-09-08

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Matthew Pryer , Case No. 2023-01253 COMPLAINANT, Docket No. 2023A-01253-CHC-ROC v. NOTICE OF HEARING ON Elite Kitchen Cabinetry LLC CONTESTED CASE License No. ROC 313868,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: October 18, 2023 9:00 AM Adam Stone 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 11, 2023.

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)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

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. The Registrar’s assigned investigator will appear as a witness at the hearing.

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/content/prehearing-disclosure- statement.

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The

written agreement must be filed with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’

web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

In any case which is resolved or settled by the parties, or which is withdrawn by the

Complainant without objection from Respondent after the Notice of Hearing is issued, the

parties must notify the Office of Administrative Hearings of the resolution or settlement. Any

such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated September 7, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 7, 2023 to: Respondent(s) Elite Kitchen Cabinetry LLC 7775 N 175th Ave Waddell, AZ 85355 Complainant(s) Matthew Pryer 45321 N. 18th St., New River, AZ 85087-6520 Philip G. Mueller Esq. 1423 S Higley Rd Ste 110 Mesa, AZ 85206

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 Complainant’s Attorney at email address of record with Registrar

Case No. 2023-01253 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● 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 documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The 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

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s 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 documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at 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

Complainant: Matthew Pryer Brisk Air Inc. 3310 West Bell Road 127 Phoenix, AZ 85053

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: Elite Kitchen Cabinetry LLC 7775 N 175th Ave Waddell, AZ 85355

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 July 24, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-01253

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for July 26, 2023 at 11:30 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 July 26, 2023 2023-01253 CJSI Photos

45321 N 18th St. New river, AZ 85087

P1 P2 P3 P4 P5 P6 P7 P8 P9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 P 18 P 19 P 20 P 21 P 22 P 23 P 24 P 25 P 26 P 27 P 28 P 29 P 30 P 31 P 32 P 33 July 26, 2023 2023-01253 Addi onal JSI Photos

45321 N 18th St. New River, AZ 85087

P1 P2 Complainant: Matthew Pryer Brisk Air Inc. 3310 West Bell Road 127 Phoenix, AZ 85053

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Elite Kitchen Cabinetry LLC 7775 N 175th Ave Waddell, AZ 85355

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-01253 Investigator: David Fagerburg Inspection Date: July 26, 2023 Inspection Time: 11:30 AM

Compliance Jobsite General Notes: Both parties were present at this compliance jobsite investigation CJSI photos taken with my Pixel 6 Pro Cell Phone CJSI audio recorded with my Olympus Digital Voice Recorder model DM-620 Photos #1 and #2 are of the complainant’s residence and address.

Investigator Note: 1: At this compliance jobsite investigation in an attempt to show me a non operable cabinet end panel that is not secured properly, the complainant pried the panel loose and a popping sound was heard. The respondent stated that the panels are attached with pin nails in case access is needed in the future. This was not a complaint item listed on the complaint form.

Compliance Findings:

Compliant Item 1: White (Coconut) cabinet finish looks oxidized and splotchy. Investigator’s Observation: The white coconut cabinet finish in the kitchen is uniform. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 2: Gaps in upper cabinets have been filled with 3 different colors of silicone. Investigator’s Observation: The complainant acknowledged that this complaint item has been corrected. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 3: Shelving is splintered. Investigator’s Observation: I observed 2 uninstalled cabinets on the floor in the kitchen. 2 of the shelves inside the cabinets have splinters on the cut edges. Governing Rule: The respondent is not in compliance with the directive.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliant Item 4: Cabinet doors and drawers do not line up correctly. ; Cabinet doors and drawers need adjustments to open and close properly; Investigator’s Observation: I did not observe any cabinet doors or drawers that do not line up correctly. Per ROC Workmanship Standards tops of cabinet doors must be in the same horizontal plane within 1/8”. During this compliance jobsite investigation the respondent stated that the cabinet drawers and doors were adjusted during the corrective work prior to the complainant loading some of the drawers with a large amount of dishes. The respondent stated that the complainant was warned not to load heavy objects into the drawers as this will alter the adjustments previously made and may cause the soft close drawer guides not to function properly. During this compliance jobsite investigation the respondent made final adjustments to the drawers in question. Per ROC Workmanship Standards the contractor should repair adjust or replace operating parts as required within the first year. I am able to verify all adjustments were made prior to or at this compliance jobsite investigation. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 5: doors hang open when closed, drag when open. Investigator’s Observation: I did not observe any doors that hang open when closed or drag when open. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 6: Drawer fronts and doors are warped. Investigator’s Observation: In the kitchen and hallway of the home I observed some of the kitchen cabinet drawer fronts with less than 1/8” warp and a cabinet door in the hallway that has a 1/8” warp. Per ROC Workmanship Standards a warp of 1/8” in 30” is acceptable. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 7: Missing cabinet door and drawer fronts. Investigator’s Observation: I did not observe any missing cabinet door or drawer fronts. Governing Rule: The respondent is in compliance with the directive.

Compliant Item 9: Cabinet doors have nicks and dings in them. Investigator’s Observation: I observed minor nicks and dings in the master bathroom vanity and laundry room cabinets. Governing Rule: The respondent is not in compliance with the directive.

Compliant Item 10: Door seams are very noticeable. Investigator’s Observation: I observed minor cracks in some of the cabinet door frame seams. Governing Rule: The respondent is not in compliance with the directive.

Note:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Matthew Pryer, Case No. 2023-01253 COMPLAINANT, v. Elite Kitchen Cabinetry LLC CITATION License No. ROC 313868,

RESPONDENT.

The Registrar issues this Citation to Elite Kitchen Cabinetry LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 26, 2023, 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 February 1, 2023, Matthew Pryer (“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)(3) - R4-9-108(a)

Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A

contractor shall perform all work in a professional and workmanlike manner. 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 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

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. 2023-01253. 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] 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 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 August 26, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is 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). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. 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 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 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). 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. 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 Dated August 11, 2023. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 11, 2023 to:

Respondent Certified Mail No: [number redacted]

Elite Kitchen Cabinetry LLC 7775 N 175th Ave Waddell, AZ 85355 Copy mailed by USPS First Class mail this same date to:

Respondent Elite Kitchen Cabinetry LLC 7775 N 175th Ave Waddell, AZ 85355

Complainant Matthew Pryer 45321 N. 18th St. New River, AZ 85087-6520

Complainant’s Attorney Philip G. Mueller Esq. Davis Miles McGuire Gardner 1423 S Higley Rd Ste. 110 Mesa, AZ 85206 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 Complainant’s Attorney at email address of record with Registrar 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 3/20/23, 8:29 AM 20230317_083500.jpg

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REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Matthew Pryer, Case No.: 2023-01253 COMPLAINTANT, v. WRITTEN ANSWER TO CITATION AND COMPLAINT Elite Kitchen Cabinetry, LLC License No. ROC 313868, RESPONDENT. Respondent Elite Kitchen Cabinetry, LLC, submits this Written Answer to Citation and

Complaint (“Answer”) to the Citation dated August 11, 2023 (“Citation”) issued by the Registrar

of Contractors of the State of Arizona (“Registrar”).

CITATION

The Citation alleges two charges against Respondent: Charge 1 is a violation to perform all

work in a professional and workmanlike manner pursuant to A.R.S. § 32-1154(A)(3) – R4-9-108(a)

and Charge 2 is failure to take appropriate corrective action . . . within a reasonable period of time

after receiving a written directive from the Registrar pursuant to A.R.S. § 32-1154(A)(22).

Respondent acknowledges it received a written directive (“Directive”) from Investigator

David Fagerburg, #210 (“Investigator Fagerburg”), with the Registrar with respect to work

performed at the residence of the Complainant. A copy of the Directive is attached to this Answer as Exhibit A.

Respondent acknowledges it worked to timely address all items on the Directive to

professional industry standard, as such time was extended by agreement of all parties. In connection

with the Directive, Respondent and Manufacturer (as defined below) completed a site visit on June

29, 2023 (“First Site Visit”) and July 20, 2023 (“Final Site Visit”). The Final Site Visit was needed

due to unforeseen delays in Manufacturer obtaining certain materials. Respondent acknowledges it received a Letter regarding compliance and non-compliance

with respect to the Directive which identified three items deemed “not in compliance with the Received 08/23/2023 ROC Legal

directive” by Investigator Fagerburg, identified as file “20230801-Compliance Jobsite Inspection

Notes -2023-01253” on August 1, 2023 (“Compliance Letter”). A copy of the Compliance Letter

is attached to this Answer as Exhibit B.

Respondent presumes Charge 1 and Charge 2 are related to those three items in the

Compliance Letter identified by Investigator Fagerburg as not in compliance - Complaint Item 3:

Shelving is splintered (“Complaint Item 3”); Complaint Item 9: Cabinet Doors have nicks and

dings in them (“Complaint Item 9”); and Complaint Item 10: Door seams are very noticeable

(“Complaint Item 10”).

BACKGROUND

Respondent is a cabinet retailer and installation company. Respondent does not build nor

manufacturer any cabinetry. Respondent purchased all of the cabinets related to Complainant’s

transaction from Oakcraft (“Manufacturer”) which is a cabinet manufacturer. Manufacturer is

subject to its own directive in connection with the transaction.

Respondent recognized at the early outset of this transaction that Complainant was going to

need additional attention. Respondent conveyed to the Complainant on numerous occasions

throughout the transaction that all communications between Complainant and Respondent had to

be in writing through electronic correspondence. Later, during the onset of the inspection process

with Investigator Fagerburg, Respondent advised Investigator Fagerburg of Respondent’s concerns

of irrational behavior exhibited by the Complainant. Investigator Fagerburg recommended

Respondent make sure to get pictures immediately following the completion of the work performed at Complainant’s house in connection with the Directive. Respondent took various pictures

throughout the process as well as the First Site Visit and Final Site Visit made to Complainant’s

residence. The final inspection was completed Investigator Fagerburg on July 26, 2023 at 11:30

a.m. (the “Final Inspection”).

COMPLAINT ITEM 3

Splintered Shelving Respondent calls attention to the fact that Complaint Item 3 is related to an uninstalled

cabinet. Splintering was identified on two small interior shelves on a cabinet that was recently

Received 08/23/2023 ROC Legal

rebuilt by Manufacturer per the Complainant’s request. Respondent is aware that this cabinet is one

of two cabinets the Complainant decided against using and asked Respondent not to install.

Towards the end of the initial installation project Complainant asked that Manufacturer

remake the cabinets regardless of the fact they were not going to be installed. Respondent

coordinated with Manufacturer to have these specific cabinets rebuilt. Manufacturer rebuilt the

cabinets and delivered to Complainant’s residence in time for the Final Inspection. Respondent was

not asked to install these cabinets by Complainant. As such, Investigator Fagerburg observed two

uninstalled cabinets sitting on the floor of the Complainant’s kitchen (see Compliance Letter,

Complaint Item 3, Investigator’s Observations).

Of note, after Respondent’s initial receipt of the Directive, in a phone call between

Respondent and Investigator Fagerburg, Investigator Fagerburg clarified with Respondent that

Respondent was not a manufacturer and, instead, was solely the retailer and installer of the cabinets.

Upon providing this clarification, Respondent asked Investigator Fagerburg why there were

manufacturing-specific directives on the Directive and Investigator Fagerburg verbally advised

Respondent that Respondent would be held to any standard for cabinetry it did install. The analogy

used by Investigator Fagerburg was that a contractor could be held responsible if a contractor chose

to install a product that did not meet industry standard; “like if a tiler installed bad tile.” Again,

these cabinets were not installed by Respondent.

Regarding the workmanship of these two small shelves, Respondent cannot confirm nor

deny whether they are within industry standard for workmanship as Respondent has not seen the two splintered shelves. Regardless of its workmanship, Respondent did not manufacture the shelves

nor cabinet nor did it install this cabinet.

Therefore, it is Complainant’s position that Respondent is in compliance with Complaint

Item 3 as it did not install nor manufacture the cabinets containing the splintered shelves.

Manufacturer has confirmed to Respondent it would cover the cost of the splintered shelves.

COMPLAINT ITEM 9 I. Nicks and Dings in Cabinet Doors

Respondent calls attention to the fact that the cabinets related to Complaint Item 9 are

Received 08/23/2023 ROC Legal

cabinets located in the main bathroom (“Bathroom Cabinets”) and cabinets located in the laundry

room (“Laundry Cabinets”).

a. Bathroom Cabinets

Respondent advises the Bathroom Cabinets were empty at the time of the Final Site Visit

and all cabinets were subsequently completely full with Complainant’s personal belongings at the

time of Final Inspection. Attached to this Answer as Exhibit C-1 is a picture of the Bathroom

Cabinets sent to Respondent from a representative of Manufacturer and Respondent taken during

the Final Site Visit. Attached to this Answer as Exhibit C-2 is the picture at Exhibit C-1 but zoomed

into the area in question of the Bathroom Cabinet purported to contain a scratch. This picture at

Exhibit C-2 is zoomed in as much as possible while still maintaining the visibility of the image.

The purported scratch was not present at the end of Respondent and Manufacturer’s Final Site Visit

and Respondent believes if a scratched exists, the scratch occurred between the Final Site Visit and

the Final Inspection.

Therefore, it is Respondent’s position that Respondent is in compliance with Complaint

Item 9 with respect to the Bathroom Cabinets as the purported scratch cannot be seen and it is not

clear who caused the purported scratch.

b. Laundry Cabinets

Respondent notes the Complainant had a flashlight held up closely to various cabinets

during the Final Inspection. Respondent recalls Investigator Fagerberg verbally telling

Complainant the flashlight was not needed. The ding on the Laundry Cabinets would be very difficult to see without a flashlight and without being inches away from the cabinet as was requested

by Complainant during the Final Inspection. A photo taken with an iPhone 14 Pro Max could not

pick up the ding. Nonetheless, attached to this Answer as Exhibit C-3 is a picture taken by a

representative of Respondent during the Final Inspection of the area in question of the Laundry

Cabinets purportedly containing the ding. As was the case with the Bathroom Cabinets, the Laundry

Cabinets were also filled with Complainant’s personal belongings after the Final Site Visit but before the Final Inspection. There is no way of knowing whether this purported ding was done

during or after the Final Site Visit.

Received 08/23/2023 ROC Legal

Therefore, it is Respondent’s position that Respondent is in compliance with Complaint

Item 9 with respect to the Laundry Cabinets as the purported ding cannot be seen and it is not

known who caused the purported ding.

COMPLAINT ITEM 10

Noticeable Door Seams

Respondent advises that it is industry knowledge that painted five-piece cabinet doors will

show seams to a certain extent. Such seams will be more apparent on cabinetry with a white or

light-colored painted finish. Minor revealed door seams are within professional industry standard.

Given the absence of an express standard for door seams on cabinetry set forth by the International

Residential Code (2018), as has been adopted and amended by Maricopa County, or the Registrar

in its WORKMANSHIP STANDARDS FOR CONTRACTORS guidebook (2009), such

professional industry standard is to be applied in this instance. (see Ariz. Admin. Code § R4-9-

108). For work to be performed in accordance with professional industry standards, “a contractor

shall use such skills, prudence, and diligence in performing and completing tasks undertaken that

the completed work meets the standards of a similarly licensed contractor possessing ordinary skill

and capacity.” (Ariz. Admin. Code § R4-9-108(B)).

Minor revealed door seams on white or light-colored painted cabinetry is such a prevalence

in the cabinet industry that Respondent expressly includes such information in its contracts and this

information is included in the signed contract with Complainant dated June 1, 2021 (the

“Contract”). A copy of the Contract, in pertinent part, is attached to this Answer as Exhibit D with emphasis placed on Section VII for purposes of this Answer. Respondent further discussed the

same in detail with Complainant. Respondent took the time with Complainant, as it does with all

clients who order cabinetry with a white or light-colored painted finish, to specifically direct their

attention to, and asked Complainant to specifically read, Section VII of the Contract.

As directed by Investigator Fagerburg, Respondent took numerous photos of the cabinets

during the First Site Visit and Final Site Visit. Attached to this Answer as Exhibits D-1 through D-14 are pictures taken by Respondent during the Final Site Visit, from 2-4 feet away from the

cabinetry and, in some instances, using a ladder to get the closest range possible to capture the

Received 08/23/2023 ROC Legal

entire fronts of the cabinets. Attached to this Answer as Exhibit D-15 are the original design plans

with an identifying number for each cabinet shown on the plan which corresponds to the picture

with the same identifying number on Exhibits D-1 through D-14 which assists with orientation of

the cabinet layout. As shown in the photos attached to this Answer as Exhibits D-1 through D-14,

any noticeable door seam is minor – as Investigator Fagerberg identified them in the Directive –

and are well within professional industry standard.

Therefore, it is Respondent’s position that Respondent is in compliance with Complaint

Item 9 as the minor visible door seams are within professional industry standards.

CONCLUSION

Respondent has a documented history of consistent and immediate replies with

Complainant to address Complainant’s concerns during this transaction. Respondent has scheduled

and appeared at numerous visits at Complainant’s residence with design professionals,

Manufacturer, cabinetry installers, and cabinetry technicians sent by both Respondent and

Manufacturer. On numerous occasions, solely as a gesture of goodwill and to get the transaction

complete to Complainant’s satisfaction, Respondent fixed issues caused or created by the

Complainant. At no point during this transaction has Respondent avoided the Complainant’s

concerns. As previously mentioned, there is a full written record of hundreds of electronic

correspondences between Respondent and Complainant which, when reviewed, shows a pattern of

continued responsiveness and compliance by Respondent.

Therefore, as to Charge 1, Respondent did perform all of its work in a professional and workmanlike manner. As to Charge 2, all items on the Directive were addressed and/or are within

professional industry standard. As such, Respondent’s license should not be suspended or revoked

pursuant to A.R.S. § 32-1155(A) nor any civil penalties imposed pursuant to A.R.S. §§ 32-1154(E)

or (F).

Dated this 23rd day of August, 2023

Received 08/23/2023 ROC Legal

ELITE KITCHEN CABINETRY, LLC

By: Marco Posillico, its Member

By: Ryan Gorospe, its Member Sent electronically to Arizona Registrar of Contractors to: [email redacted]

Received 08/23/2023 ROC Legal

Exhibit A

Directive Received 08/23/2023 ROC Legal

Complainant: Matthew Pryer Brisk Air Inc. 3310 West Bell Road 127 Phoenix, AZ 85053 Received 08/23/2023 ROC Legal

Respondent: Elite Kitchen Cabinetry LLC 7775 N 175th Ave Waddell, AZ 85355 Received 08/23/2023 ROC Legal

March 30, 2023

License No. ROC 313868

Re:Complaint No. 2023-01253

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Thursday April 20, 2023.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

Investigator Note: 1: In reviewing the contract documents submitted by the complainant I am able to verify there is at least 1 of the 9 minimum elements of a contract missing. Specifically #1 license number and #9 the right to file a complaint, violating ARS §32-1158 (A) Minimum elements of a contract.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Compliant Item 1: White (Coconut) cabinet finish looks oxidized and splotchy. ; Investigator’s Observation: Verified. The respondent is to correct the 2 drawer fronts that are not uniform at the kitchen base cabinets by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards. This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). Received 08/23/2023 ROC Legal

Compliant Item 2: Gaps in upper cabinets have been filled with 3 different colors of silicone.; Investigator’s Observation: Verified. The respondent is to correct the cabinets in the laundry room and kitchen with different color caulking by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 3: Shelving is splintered.; Investigator’s Observation: Verified. The respondent is to correct the cabinets with splintered shelves and interior panels by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 4: Cabinet doors and drawers do not line up correctly. ; Cabinet doors and drawers need adjustments to open and close properly; Investigator’s Observation: Verified. Per ROC Workmanship Standards, Cabinet Malfunctions: Cabinet doors, drawers and other operating parts should function properly. Contractor should repair, adjust or replace operating parts as required once within the first year. Cabinet Doors Not At Same Height: Tops of cabinet doors must be in the same horizontal plane, within 1/8”. The contractor should adjust doors to meet the above standard once within the first year. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 5: doors hang open when closed, drag when open. ; Investigator’s Observation: Verified. Per ROC Workmanship Standards cabinet doors, drawers and other operating parts should function properly. Contractor should repair, adjust or replace operating parts as required once within the first year. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 6: Drawer fronts and doors are warped. ; Investigator’s Observation: Verified. Per ROC workmanship standards, a warp of 1/8” in 30” is acceptable. The respondent is to correct the warped doors throughout that exceed 1/8” in 30” by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Compliant Item 7: Missing cabinet door and drawer fronts. ; Investigator’s Observation: Verified. The respondent is to complete the missing cabinet doors and drawer fronts by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards. Received 08/23/2023 ROC Legal

Compliant Item 9: Cabinet doors have nicks and dings in them. ; Investigator’s Observation: Verified. The respondent is to correct nicks, dings and nail holes throughout by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 10: Door seams are very noticeable. ; Investigator’s Observation: Verified. At this jobsite investigation the complainant showed me cabinet doors frames with butt joints at the corners that are visible and not uniform. See P (10) and P (11). The respondent is to correct the cabinet door frames with visible corner seams at the butt joints throughout by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliant Item 8: Side panels are not spaced out to match doors on center island.; Investigator’s Observation: Not Verified. In reviewing the plans submitted by the complainant I am able to verify there is no specification regarding the spacing between the operational doors and the fixed panels. Governing Rule: No Action

Compliant Item 11: Pull handles have not been installed. Investigator’s Observation: Not Verified. In reviewing the contract documents submitted by the complainant I am able to verify cabinet hardware is not quoted or to be installed. Governing Rule: No Action

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

David Fagerburg David Fagerburg, Investigator #210 (602) 771-6735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812 Received 08/23/2023 ROC Legal

CC: Respondent Complainant Received 08/23/2023 ROC Legal

Exhibit B

Compliance Letter Received 08/23/2023 ROC Legal

Complainant: Matthew Pryer Brisk Air Inc. 3310 West Bell Road 127 Phoenix, AZ 85053 Received 08/23/2023 ROC Legal

Respondent: Elite Kitchen Cabinetry LLC 7775 N 175th Ave Waddell, AZ 85355 Received 08/23/2023 ROC Legal

Case No.: 2023-01253 Investigator: David Fagerburg Inspection Date: July 26, 2023 Inspection Time: 11:30 AM

Compliance Findings:

Compliant Item 4: Cabinet doors and drawers do not line up correctly. ; Cabinet doors and drawers need adjustments to open and close properly; Investigator’s Observation: I did not observe any cabinet doors or drawers that do not line up correctly. Per ROC Workmanship Standards tops of cabinet doors must be in the same horizontal plane within 1/8”. During this compliance jobsite investigation the respondent stated that the cabinet drawers and doors were adjusted during the corrective work prior to the complainant loading some of the drawers with a large amount of dishes. The respondent stated that the complainant was warned not to load heavy objects into the drawers as this will alter the adjustments previously made and may cause the soft close drawer guides not to function properly. During this compliance jobsite investigation the respondent made final adjustments to the drawers in question. Per ROC Workmanship Standards the contractor should repair adjust or replace operating parts as required within the first year. I am able to verify all adjustments were made prior to or at this compliance jobsite investigation. Governing Rule: The respondent is in compliance with the directive.

Note: Received 08/23/2023 ROC Legal

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant Received 08/23/2023 ROC Legal

Exhibit C-1

Bathroom Cabinets Received 08/23/2023 ROC Legal

Exhibit C-2

Bathroom Cabinets (zoomed image) Received 08/23/2023 ROC Legal

Exhibit C-3

Laundry Cabinets Received 08/23/2023 ROC Legal

Exhibit D

Contract Received 08/23/2023 ROC Legal Received 08/23/2023 ROC Legal

Exhibit D-1

Door Seam - Cabinet 1 Received 08/23/2023 ROC Legal

Exhibit D-1

Door Seam - Cabinet 1 Received 08/23/2023 ROC Legal

Exhibit D-2

Door Seam - Cabinet 2 Received 08/23/2023 ROC Legal

Exhibit D-2

Door Seam - Cabinet 2 Received 08/23/2023 ROC Legal

Exhibit D-3

Door Seam - Cabinet 3 Received 08/23/2023 ROC Legal

Exhibit D-3

Door Seam - Cabinet 3 Received 08/23/2023 ROC Legal

Exhibit D-4

Door Seam – Cabinet 4 Received 08/23/2023 ROC Legal

Exhibit D-4

Door Seam – Cabinet 4 Received 08/23/2023 ROC Legal

Exhibit D-5

Door Seam – Cabinet 5 Received 08/23/2023 ROC Legal

Exhibit D-5

Door Seam – Cabinet 5 Received 08/23/2023 ROC Legal

Exhibit D-6

Door Seam – Cabinet 6 Received 08/23/2023 ROC Legal

Exhibit D-6

Door Seam – Cabinet 6 Received 08/23/2023 ROC Legal

Exhibit D-7

Door Seam – Cabinet 7 Received 08/23/2023 ROC Legal

Exhibit D-7

Door Seam – Cabinet 7 Received 08/23/2023 ROC Legal

Exhibit D-8

Door Seam – Cabinet 8 Received 08/23/2023 ROC Legal

Exhibit D-8

Door Seam – Cabinet 8 Received 08/23/2023 ROC Legal

Exhibit D-9

Door Seam – Cabinet 9 Received 08/23/2023 ROC Legal

Exhibit D-9

Door Seam – Cabinet 9 Received 08/23/2023 ROC Legal

Exhibit D-10

Door Seam – Cabinet 10 Received 08/23/2023 ROC Legal

Exhibit D-10

Door Seam – Cabinet 10 Received 08/23/2023 ROC Legal

Exhibit D-11

Door Seam – Cabinet 11 Received 08/23/2023 ROC Legal

Exhibit D-11

Door Seam – Cabinet 11 Received 08/23/2023 ROC Legal

Exhibit D-12

Door Seam – Cabinet 12 Received 08/23/2023 ROC Legal

Exhibit D-12

Door Seam – Cabinet 12 Received 08/23/2023 ROC Legal

Exhibit D-13

Door Seam – Cabinet 13 Received 08/23/2023 ROC Legal

Exhibit D-13

Door Seam – Cabinet 13 Received 08/23/2023 ROC Legal

Exhibit D-14

Door Seam – Cabinet 14 Received 08/23/2023 ROC Legal

Exhibit D-14

Door Seam – Cabinet 14 Received 08/23/2023 ROC Legal

Exhibit D-15

Design Plans with Identifying Numbers 74" Received 08/23/2023 ROC Legal 4" 4" 30" 36"

3" 21"

21" W302124 W362124

24" W362424

120"

PF6-96 (T) PF6-96 (T) 12 " TB309624 72" 12 "

30" 36" 4" 4" All dimensions size designations This is an original design and must Designed: 7/6/2021 given are subject to verification on not be released or copied unless Printed: 8/3/2023 job site and adjustment to fit job applicable fee has been paid or job conditions. order placed.

PRYER 3.0 El 1 Drawing #: 1 No Scale. 185" Received 08/23/2023 1" ROC Legal 33" 18" 30" 18" 85"

3" 102" 48" 35"

3" 21"

21" 78 "

W332124 W1821L W3021 W1821R 18"

8 W3018 9

W1842L W1842R 42"

12 " 24" 120"

PF3-96 (T)

TDO33961S 54"

18 "

12 13 14 30"

BD18 BDHD30 B12FHDR BDHD30 BDHD30

12 "

33" 18" 30" 12" 30" 30" 31" 1" All dimensions size designations This is an original design and must Designed: 7/6/2021 given are subject to verification on not be released or copied unless Printed: 8/3/2023 job site and adjustment to fit job applicable fee has been paid or job conditions. order placed.

PRYER 3.0 El 2 Drawing #: 1 No Scale. Received 8/24/23, 8:12 AM 08/23/2023 State of Arizona Mail - Written Answer to Citation and Complaint - Case No. 2023-01253 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint - Case No. 2023-01253 message

Marco Posillico <[email redacted]> Wed, Aug 23, 2023 at 10:09 AM To: [email redacted] Cc: Marco Posillico <[email redacted]>, Ryan Gorospe <[email redacted]>

Written answer attached.

Thank you,

Marco Posillico

o: 602.464.5042 m: 602.481.8325

P Please consider the environment before printing this e-mail

Written Answer to Complaint Case No. 2023-01253 (1).pdf 13846K

https://mail.google.com/mail/b/AEoRXRRW2Kwjx7Auj5AeIHJqF3yfLwQopf2Jmeg_HdfRJzRNat9B/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 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