2023A-01918-CHC-ROC Notice of Hearing and Packet MAILED

2023A-01918-CHC-ROC · Registrar of Contractors · 2023-09-18

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Marc Whitehouse , Case No. 2023-01918 COMPLAINANT, Docket No. 2023A-01918-CHC-ROC v. NOTICE OF HEARING ON Dabella Exteriors LLC CONTESTED CASE License No. ROC 317425,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: November 3, 2023 1:00 PM Jenna Clark 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 July 7, 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 18, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 18, 2023 to: Respondent(s) Dabella Exteriors LLC 3495 NE Aloclek Dr Hillsboro, OR 97124 Complainant(s) Marc Whitehouse 15753 W Mescal St Surprise, AZ 85379

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. 2023-01918 /

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

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Marc Whitehouse 15753 w. Mescal st Surprise, AZ 85379

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 C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Dabella Exteriors LLC DBA: 3495 NE Aloclek Dr Hillsboro, OR 97124

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 C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

February 27, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-01918

Dear Complainant and Respondent:

A formal complaint has been filed with the Arizona Registrar of Contractors.

A jobsite inspection is scheduled for April 12, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 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 C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely, Mike Wiskow Mike Wiskow, Investigator (602) 771-6750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

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 C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

A Guide to Jobsite Inspections

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 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 C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 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 C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a 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 C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Marc Whitehouse 15753 W. Mescal St Surprise, AZ 85379

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Dabella Exteriors LLC DBA: 3495 NE Aloclek Dr Hillsboro, OR 97124

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

April 12, 2023

License No. ROC 317425

Re:Complaint No. 2023-01918

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 April 28, 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 reasons1, 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.

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

Compliance Item: 1 - All windows have unfinished grips and have cut children's hands Investigator’s Observation: The edges of the "pull strips" on the windows seem unreasonably sharp. There should be no sharp edges on the windows. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;

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).

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 2 - 8ft Large sliding glass door slider is crooked and is not secure, door flexes in heavy winds, Investigator’s Observation: The 8 ft sliding door in the living room is not installed straight. The reveal from left to right is off by 1/2". The door should be installed in the opening with a consistent reveal. There is no evidence the door has excessive flex. Contractor should repair by appropriate means. Governing Rule: 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.

Compliance Item: 3 - Upstairs sliding glass door is leaking when it rains and has damaged new carpet Investigator’s Observation: At the time of inspection, the door was being replaced. The door should be installed per contract by appropriate means. Governing Rule: 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.

Compliance Item: 4 - MBR bathroom closet window doesn't open properly Investigator’s Observation: The master toilet room window sash does not operate without catching. The sash should move smoothly. Contractor should repair by appropriate means. Governing Rule: 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.

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Compliance Item: 5 - Downstairs guest bedroom window does not shut fully when locked (opens around a quarter of an inch), Investigator’s Observation: The window in the guest bedroom does not close completely. The window should close completely. Contractor should repair by appropriate means. Governing Rule: 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.

Compliance Item: 7 - Wrong window was installed 20ft high without access (they installed a sliding window that we cannot access and have left the window cracked open or doesn't shut) Investigator’s Observation: The wrong window is installed in the upper part of the two story entry. The respondent indicated that the proper window is on order. The contractor should install the proper window per contract in the entry way using appropriate means. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

Compliance Item: 8 - Caulking doesn't match (some windows have white caulking others have yellow, Investigator’s Observation: Some of the caulking around the windows is yellow. The caulking should be consistently white.

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Contractor should repair by appropriate means. Governing Rule: 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.

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

Compliance Item: 6 - All windows leak air and dust into home, Investigator’s Observation: The complainant had images of cold/hot air coming through the windows. There is insufficient evidence to show that the windows are not performing to contractual specifications.

Compliance Item: 9 - Molding/ trim around some windows are not sealed properly and letting air in). Investigator’s Observation: There is insufficient evidence to support this allegation.

Compliance Item: 10 - Heating and cooling cost have gone up instead of down. Windows are not noise reduction, like we requested and were told they would be, Investigator’s Observation: There is insufficient evidence to support this allegation.

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

Sincerely,

Mike Wiskow Mike Wiskow,

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Investigator (602) 771-6750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

CC: Complainant

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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2023-01918 Investigator: Mike Wiskow Inspection Date: April 12, 2023 Inspection Time:

Complainant: Marc Whitehouse Respondent: Dabella Exteriors Not Present: LLC Not Present:

Jobsite General Notes: Photos taken with Pixel 6 Pro. Audio recorded with Olympus DM- 720 digital voice recorder.

Complaint Item: 1 - All windows have unfinished grips and have cut children's hands Investigator’s Observation: The edges of the "pull strips" on the windows seem unreasonably sharp. There should be no sharp edges on the windows. Contractor should repair by appropriate means. Governing Rule: 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.

Complaint Item: 2 - 8ft Large sliding glass door slider is crooked and is not secure, door flexes in heavy winds, Investigator’s Observation: The 8 ft sliding door in the living room is not installed straight. The reveal from left to right is off by 1/2". The door should be

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 RCC100 08/19

installed in the opening with a consistent reveal. There is no evidence the door has excessive flex. Contractor should repair by appropriate means. Governing Rule: 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.

Complaint Item: 3 - Upstairs sliding glass door is leaking when it rains and has damaged new carpet Investigator’s Observation: At the time of inspection, the door was being replaced. The door should be installed per contract by appropriate means. Governing Rule: 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.

Complaint Item: 4 - MBR bathroom closet window doesn't open properly Investigator’s Observation: The master toilet room window sash does not operate without catching. The sash should move smoothly. Contractor should repair by appropriate means. Governing Rule: 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.

Complaint Item: 5 - Downstairs guest bedroom window does not shut fully when locked (opens around a quarter of an inch), Investigator’s Observation: The window in the guest bedroom does not close completely. The window should close completely. Contractor should repair by appropriate means. Governing Rule: 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.

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 RCC100 08/19

Complaint Item: 6 - All windows leak air and dust into home, Investigator’s Observation: The complainant had images of cold/hot air coming through the windows. There is insufficient evidence to show that the windows are not performing to contractual specifications. Governing Rule:

Complaint Item: 7 - Wrong window was installed 20ft high without access (they installed a sliding window that we cannot access and have left the window cracked open or doesn't shut) Investigator’s Observation: The wrong window is installed in the upper part of the two story entry. The respondent indicated that the proper window is on order. The contractor should install the proper window per contract in the entry way using appropriate means. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

Complaint Item: 8 - Caulking doesn't match (some windows have white caulking others have yellow, Investigator’s Observation: Some of the caulking around the windows is yellow. The caulking should be consistently white. Contractor should repair by appropriate means. Governing Rule: 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.

Complaint Item: 9 - Molding/ trim around some windows are not sealed properly and letting air in).

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 RCC100 08/19

Investigator’s Observation: There is insufficient evidence to support this allegation. Governing Rule:

Complaint Item: 10 - Heating and cooling cost have gone up instead of down. Windows are not noise reduction, like we requested and were told they would be, Investigator’s Observation: There is insufficient evidence to support this allegation. Governing Rule:

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 RCC100 08/19

Complainant: Marc Whitehouse 15753 w. Mescal st Surprise, AZ 85379

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: Dabella Exteriors LLC DBA: 3495 NE Aloclek Dr Hillsboro, OR 97124

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 June 23, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-01918

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for July 6, 2023 at 10:00 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,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

License mailing address (if different from account/company address of record):

Dabella Exteriors LLC

3495 NE Aloclek Dr Hillsboro, OR 97124

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complainant: Marc Whitehouse 15753 w. Mescal st Surprise, AZ 85379

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: Dabella Exteriors LLC DBA: 3495 NE Aloclek Dr Hillsboro, OR 97124

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.: 2023-01918 Investigator: Mike Wiskow Inspection Date: July 6, 2023 Inspection Time: 10:00 AM

Compliance Jobsite General Notes: Photos taken with Pixel 6 Pro. Audio recorded with Pixel Pro 6 digital voice recorder.

Compliance Findings:

Compliance Item: - 1 - All windows have unfinished grips and have cut children's hands Investigator’s Observation: Complainant does not want this item repaired.

Compliance Item: - 2 - 8ft Large sliding glass door slider is crooked and is not secure, door flexes in heavy winds, Investigator’s Observation: The 8 ft sliding door in the living room is still not installed straight. Per both parties, no work was done on this window except to adjust the operating sash/door. The reveal in the return/jamb is still off from left to right by 1/2". The door should have been installed in the opening with a consistent reveal. -INCOMPLETE

Compliance Item: - 3 - Upstairs sliding glass door is leaking when it rains and has damaged new carpet Investigator’s Observation: The sliding patio door has been installed. However, the carpet is not installed up to the door (gap).

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 -INCOMPLETE

Compliance Item: - 4 - MBR bathroom closet window doesn't open properly Investigator’s Observation: -COMPLETED

Compliance Item: - 5 - Downstairs guest bedroom window does not shut fully when locked (opens around a quarter of an inch), Investigator’s Observation: The sash has been replaced and operates as expected. However, the outside trim is bent and the sash is scratched. -INCOMPLETED

Compliance Item: - 7 - Wrong window was installed 20ft high without access (they installed a sliding window that we cannot access and have left the window cracked open or doesn't shut) Investigator’s Observation: -COMPLETED

Compliance Item: - 8 - Caulking doesn't match (some windows have white caulking others have yellow, Investigator’s Observation: Complainant does not want this item repaired.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Note:

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,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

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 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

Marc Whitehouse, Case No. 2023-01918 COMPLAINANT, v. Dabella Exteriors LLC, CITATION License No. ROC 317425,

RESPONDENT.

The Registrar issues this Citation to Dabella Exteriors LLC (“Respondent”) under

A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 22, 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.

THE WRITTEN COMPLAINT

On February 15, 2023, Marc Whitehouse (“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 violations of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating:

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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.

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 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 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. 2023-01918.

How to File a Written Answer: Respondent’s written answer may be submitted in the

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602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Fax: (602) 364-0416 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 July 22, 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. 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 of 6

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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 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 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 should not be of 6

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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 July 7, 2023. By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 7, 2023 to: Respondent Certified Mail No: [number redacted] Dabella Exteriors LLC 3495 NE Aloclek Dr. Hillsboro, OR 97124

Copy mailed by USPS First Class mail this same date to: Respondent Dabella Exteriors LLC 3495 NE Aloclek Dr. Hillsboro, OR 97124 Complainant Marc Whitehouse 15753 w. Mescal St. Surprise, AZ 85379 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 of 6

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

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Marc Whitehouse, Case No. 2023-01918 COMPLAINANT, v. Dabella Exteriors LLC, FINAL ADMINISTRATIVE License No. ROC 317425, DECISION AND ORDER (DEFAULT) RESPONDENT.

A Citation was issued in this matter based on a complaint filed with the Registrar of Contractors. Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Order are made: FINDINGS OF FACT 1. The Citation and Complaint were served on Respondent by certified mail, with postage prepaid, directed to the latest address of record for Respondent as shown in the license

files of the Registrar, in accordance with A.R.S. §§ 32-1155(A) and (B).

2. Respondent did not file a timely written Answer to the Citation as required by A.R.S. § 32-1155(A). 3. More than ten days have elapsed since service of the Citation, and under A.R.S. § 32- 1155(C) Respondent’s failure to answer within the time prescribed is deemed an admission of the acts charged in the Complaint.

CONCLUSIONS OF LAW 1. Respondent violated the provisions of A.R.S. § 32-1154(A)(3) – R4-9-108(a), and A.R.S. § 32-1154(A)(22) as charged in the Citation and Complaint.

of 3 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/19 2. The Registrar has authority to suspend or revoke Respondent’s license under A.R.S. §§ 32-1154 and 32-1155.

ORDER Based on the foregoing, IT IS ORDERED that Respondent’s license is suspended for a period of (3) three days beginning August 10, 2023. Pursuant to A.R.S. § 32-1154(E), IT IS FURTHER ORDERED that Respondent pay a civil penalty of $250.00 to the Registrar for the violation of A.R.S. § 32-1154(A)(22). If Respondent fails to pay this civil penalty amount in full within 30 days of the issuance of this Order, the Registrar shall automatically revoke Respondent’s license, with no further notice. The Registrar shall not issue any future or additional contractor’s licenses to any entity comprised of persons associated with Respondent, as defined in A.R.S. § 32-1101(A)(5), unless Respondent or any of the parties defined in A.R.S. § 32-1101(A)(5) pays any and all outstanding civil penalties. This Order is not subject to judicial review except for jurisdictional issues under A.R.S. §§ 41-1092.08(H) and 12-902(B). Dated August 3, 2023. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors COPY mailed by USPS First Class mail this same date to: August 3, 2023 to:

Respondent Dabella Exteriors LLC 3495 NE Aloclek Dr Hillsboro, OR 97124

of 3 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/19 Complainant Marc Whitehouse DBA: 15753 w. Mescal st Surprise, AZ 85379 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. 2023-01918 /

of 3 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/19 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Marc Whitehouse , Case No. 2023-01918 COMPLAINANT, ORDER SETTING ASIDE FINAL v. ADMINISTRAIVE DECISION AND Dabella Exteriors LLC , ORDER (DEFAULT) License No. ROC 317425, AND RESPONDENT. ORDER SETTING HEARING

After a review of the file and record, Respondent’s request to set aside the Registrar’s Final Administrative Decision and Order (Default) is granted for the following reasons: BACKGROUND On February 15, 2023, the Registrar received a complaint against Respondent. On April 12, 2023, the Registrar issued a written directive. No later than April 19, 2023, Respondent attempted to acquire materials to complete the repairs. On July 6, 2023, the Registrar issued a citation to Respondent for alleged violation(s) of A.R.S. § 32-1154(A)(3) and (22) . The Registrar mailed the Citation via certified mail to Respondent’s address of record at: Dabella

of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877) 692-9762 Lg107 4/21 Exteriors LLC 3495 NE Aloclek Dr. , Hillsboro, Oregon 97124. The Registrar did not receive a timely answer from Respondent. On August 2, 2023, the Registrar suspended Respondent’s license by Final Administrative Decision and Order and assessed a $250.00 civil penalty. On August 1, 2023, the Registrar received Respondent’s response to the Final Administrative Decision and Order (Default). In the answer, Respondent’s counsel stated that a change in administrative processes resulted in the oversight and late response to the Citation. Respondent stated that it was in settlement discussions with Complainant, and Complainant confirmed that settlement discussions were taking place but the settlement agreement was not complete. ANALYSIS Service of a citation is fully effected by mailing a copy of the citation and complaint by

registered mail to the licensee’s last address of record in the Registrar’s office. A.R.S. § 32-

1155(B). Service is complete five days after deposit in the mail. Failure of a licensee to

respond to a citation within ten days after service may result in a statutory admission of all acts

charged in the complaint. The Registrar may accept a late answer if it determines, in its sole

discretion, that the failure to timely answer is attributable to excusable neglect. A.R.S. § 32-

1155(C).

Here, the Citation was mailed to Respondent’s correct address of record via certified

and USPS first class mail. The due date for Respondent to file an answer to the Citation was

July 22, 2023. Because Respondent failed to timely file an answer as required under A.R.S. §

32-1155(C), the Registrar issued a default order in this case. The Registrar therefore considers

Respondent’s request to set aside submittal as a late answer and a request to set aside the

default order.

The Registrar favors resolving complaints on their merits rather than procedural

technicalities. The Registrar reviewed the record to determine whether there is sufficient

evidence to set aside the default in this case. Here, good cause exists to set this matter for a

of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877) 692-9762 Lg107 4/21 hearing before the Office of Administrative Hearings. Once Respondent was aware of the Registrar’s issuance of a default it sought relief. Respondent further articulated reasons for failing to file a timely answer. Therefore, the Registrar determines that good cause exists to set aside the default. ORDER Based on the foregoing, Respondent’s request to set aside the Final Administrative

Decision and Order is granted. IT IS ORDERED that the discipline imposed on August 3,

2023 is quashed

IT IS FURTHER ORDERED that a hearing be scheduled in the normal course of

docketing. A Notice of Hearing will be issued in due course.

Dated September 8, 2023.

By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 8, 2023 to: Respondent(s) Dabella Exteriors LLC 3495 NE Aloclek Dr Hillsboro, OR 97124 Respondent Attorney: Michelle L. Abruzzo 4495 Military Trail, ST 2023 Jupiter, FL 33458

Complainant(s) Marc Whitehouse 15753 w. Mescal st Surprise, AZ 85379

of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877) 692-9762 Lg107 4/21 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2023-01918/

of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877) 692-9762 Lg107 4/21 Inspection Date: Inspection Date:

Left Side Jamb Reveal Living Room Slider 1/4” Inspection Date:

Right Side Jamb Reveal Living Room Slider 3/4” Inspection Date:

Outside Sill of Living Room Slider. Left Side 1” Reveal Inspection Date:

Outside Sill of Living Room Slider. Right Side 1-1/2” Reveal Inspection Date: Inspection Date: Inspection Date: Inspection Date:

Trim Bent BR Window Inspection Date: Inspection Date:

Gap in Carpet where new slider was installed in MBR Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Complaint #2022- Inspection Date: JSI PHOTOS – Page 1 Complaint #2022- Inspection Date: JSI PHOTOS – Page 2 Complaint #2022- Inspection Date: JSI PHOTOS – Page 3 Complaint #2022- Inspection Date: JSI PHOTOS – Page 4 Complaint #2022- Inspection Date: JSI PHOTOS – Page 5 Complaint #2022- Inspection Date: JSI PHOTOS – Page 6 Complaint #2022- Inspection Date: JSI PHOTOS – Page 7 Complaint #2022- Inspection Date: JSI PHOTOS – Page 8 Complaint #2022- Inspection Date: JSI PHOTOS – Page 9 Complaint #2022- Inspection Date: JSI PHOTOS – Page 10 Complaint #2022- Inspection Date: JSI PHOTOS – Page 11 Complaint #2022- Inspection Date: JSI PHOTOS – Page 12 Complaint #2022- Inspection Date: JSI PHOTOS – Page 13 6/9/23, 9:14 AM State of Arizona Mail - Re: Directive items

Michael Wiskow <[email redacted]>

Re: Directive items message

Thomas Roberts <[email redacted]> Thu, Jun 8, 2023 at 6:09 PM To: Michael Wiskow <[email redacted]>, Marc Whitehouse <[email redacted]>

Marc please reach out to my installer. If you cannot get a hold of them call my cell. 541 610 9590

We are trying to schedule a time to install.

Thomas Roberts

General Manager

Quality Begins at Home

11225 N 28th Dr Suite F101 Phoenix, AZ 85029 P 855‑322‑3552 F 844‑525‑6555 https://dabella.us

Please be advised that no quotes, agreements or understandings involving DaBella will be binding unless and until codified in a written document signed by an officer of the company. The information transmitted by this email is intended only for the use of the addressee(s) and may contain confidential and/or privileged information. Any interception, review, retransmission, dissemination, or other use of, or taking any action upon this information by persons or entities other than the intended recipient(s) is prohibited by law and may subject them to criminal or civil liability. If you have received this communication in error, please contact us immediately at 503-641-7676 and delete the message from any computer or other storage system.

From: Thomas Roberts <[email redacted]> Sent: Wednesday, June 7, 2023 2:50 PM To: Michael Wiskow <[email redacted]>; Marc Whitehouse <[email redacted]> Subject: Re: Directive items

Copy I will get with the installer now and have them reach out to Marc to set an installation date Thomas Roberts

General Manager

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 1/3 6/9/23, 9:14 AM State of Arizona Mail - Re: Directive items

Quality Begins at Home

11225 N 28th Dr Suite F101 Phoenix, AZ 85029 P 855‑322‑3552 F 844‑525‑6555 https://dabella.us

From: Michael Wiskow <[email redacted]> Sent: Wednesday, June 7, 2023 1:52 PM To: Thomas Roberts <[email redacted]>; Marc Whitehouse <[email redacted]> Subject: Directive items

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

I'm getting conflicting emails from both parties. Is it possible to reply all to this email to attempt to get directive items completed?

Please see attached snapshot of emails.

-- Mike Wiskow Investigator #217 AZ State Registrar of Contractors 602.771.6750

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 2/3 6/9/23, 9:14 AM State of Arizona Mail - Re: Directive items

Screenshot_20230608_180816_Chrome.jpg 593K

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 3/3 4/18/23, 1:03 PM State of Arizona Mail - Re: Written Directive

Michael Wiskow <[email redacted]>

Re: Written Directive messages

Marc Whitehouse <[email redacted]> Tue, Apr 18, 2023 at 12:30 PM To: Michael Wiskow <[email redacted]>

Good afternoon Mike,

Please see attachments in regards to your assessment. Photos-001 (23).zip

Thank you, Marc and Nancy Whitehouse

On Wed, Apr 12, 2023 at 10:56 AM Michael Wiskow <[email redacted]> wrote: Good Morning, Unfortunately the ROC does not have the authority to force a refund. That is something you will have to work out with the respondent. Thank You

On Wed, Apr 12, 2023 at 10:51 AM Marc Whitehouse <[email redacted]> wrote: Hi Mike, Thanks for your email. The efficiency and noise reduction was the biggest reason for us to replace our windows. As I mentioned my husband has PTSD and the noise from the jets can be a trigger for him sometimes. I am attaching a text message between the salesman and myself and I don’t know if it will make a difference but he reiterates our need for efficiency in the text message.

I would prefer the company take their windows back, if this was possible so I may go with someone that would actually give us what we are looking for for 80k. They misinformed us of the quality of their windows. This is a lot of money and we feel we have been taken advantage of.

That you for your time, Nancy Whitehouse

On Wed, Apr 12, 2023 at 10:21 AM Michael Wiskow <[email redacted]> wrote: Please see attachment

-- Mike Wiskow Investigator #217 AZ State Registrar of Contractors 602.771.6750

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 1/2 4/18/23, 1:03 PM State of Arizona Mail - Re: Written Directive

attachments Re_ Complaint No (1).docx 288K Text Messages.zip 810K Flir Cx-Series-Brochure-US.zip 3799K September APS Bills.zip 1179K October APS bills.zip 1192K

Michael Wiskow <[email redacted]> Tue, Apr 18, 2023 at 1:03 PM To: Marc Whitehouse <[email redacted]>

Received, thank you. [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 2/2 5/1/23, 1:17 PM State of Arizona Mail - Written Directive 2023-01918

Michael Wiskow <[email redacted]>

Written Directive 2023-01918 messages

Michael Wiskow <[email redacted]> Fri, Apr 28, 2023 at 11:56 AM To: [email redacted], [email redacted] Cc: Marc Whitehouse <[email redacted]>

Good Morning,

Did the written directive get completed?

Thank You

-- Mike Wiskow Investigator #217 AZ State Registrar of Contractors 602.771.6750

Marc Whitehouse <[email redacted]> Fri, Apr 28, 2023 at 12:02 PM To: Michael Wiskow <[email redacted]>

Hi Mike, I wanted to add some pics of quality issues, with the vinyl around the windows, that were not addressed when you came by but Dabella understood they needed to be repaired when we had our walk through with them.

Also adding, the sliding glass door upstairs was not completed. The techs left about 30min after you did.

Does Dabella have an expected completion date for your repair requirements? I didn't see one in the letter you sent.

Regards, Marc Whitehouse

[Quoted text hidden]

dabellawindows.zip 23556K

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r7539579847695977924&simpl=msg-a:r427481886697702… 1/1 4/12/23, 10:56 AM State of Arizona Mail - Written Directive

Michael Wiskow <[email redacted]>

Written Directive messages

Michael Wiskow <[email redacted]> Wed, Apr 12, 2023 at 10:21 AM To: [email redacted], [email redacted], [email redacted]

Please see attachment

-- Mike Wiskow Investigator #217 AZ State Registrar of Contractors 602.771.6750

20230412 C009 Written Directive (Inspection).pdf 193K

Marc Whitehouse <[email redacted]> Wed, Apr 12, 2023 at 10:51 AM To: Michael Wiskow <[email redacted]>

Hi Mike, Thanks for your email. The efficiency and noise reduction was the biggest reason for us to replace our windows. As I mentioned my husband has PTSD and the noise from the jets can be a trigger for him sometimes. I am attaching a text message between the salesman and myself and I don’t know if it will make a difference but he reiterates our need for efficiency in the text message.

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 1/5 4/12/23, 10:56 AM State of Arizona Mail - Written Directive

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 2/5 4/12/23, 10:56 AM State of Arizona Mail - Written Directive

That you for your time, Nancy Whitehouse [Quoted text hidden]

Marc Whitehouse <[email redacted]> Wed, Apr 12, 2023 at 10:54 AM To: Michael Wiskow <[email redacted]>

Forgot to add second attachment.

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 3/5 4/12/23, 10:56 AM State of Arizona Mail - Written Directive

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 4/5 4/12/23, 10:56 AM State of Arizona Mail - Written Directive [Quoted text hidden]

Michael Wiskow <[email redacted]> Wed, Apr 12, 2023 at 10:56 AM To: Marc Whitehouse <[email redacted]>

Good Morning, Unfortunately the ROC does not have the authority to force a refund. That is something you will have to work out with the respondent. Thank You

On Wed, Apr 12, 2023 at 10:51 AM Marc Whitehouse <[email redacted]> wrote: [Quoted text hidden] [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 5/5 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