2023A-03565-CHC-ROC Notice of Hearing and Packet MAILED

2023A-03565-CHC-ROC · Registrar of Contractors · 2023-10-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Shirlene Styers , Case No. 2023-03565 COMPLAINANT, Docket No. 2023A-03565-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Unity Pools LLC License No. ROC 317823,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 5, 2023 9:00 AM Velva Moses-Thompson 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 September 28, 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 October 20, 2023.

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

Copy mailed via USPS First Class mail October 20, 2023 to: Respondent(s) Unity Pools LLC 4309 S Marble St Gilbert, AZ 85297

Complainant(s) Shirlene Styers 3045 E Los Altos Ct Gilbert, AZ 85297

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. 2023-03565 /

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: Shirlene Styers 3045 E Los Altos Ct Gilbert, AZ 85297

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: Unity Pools LLC DBA: 4309 S Marble St Gilbert, AZ 85297

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

March 30, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-03565

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for April 19, 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, Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 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

Jobsite Inspection Notes

Case No.: 2023-03565 Investigator: Todd Anderson Inspection Date: April 19, 2023 Inspection Time: 9:00 AM

Complainant: Shirlene Styers Respondent: Unity Pools LLC Not Present: Not Present:

Jobsite General Notes: 3045 E Los Altos Ct, Gilbert Az 85297 (602) 377-8093

Present for the JSI was Travis Scott representing Unity Pools, LLC

**5/9/23 1pm. Called Shirlene Scott today for status report. She stated that (R) has gotten the pool resurfaced and installed “some” equipment. The BBQ planters, Fire pit, Ramada all still incomplete.

Complaint Item: 1 - Main issue is the lack of completion of our project and unmet promises as listed; Contract states project would be completed 4-6 months from shotcrete which occured on Jan. 29th 2022. Travis at Unity promised multiple times both verbally and through text (can be given by homeowners) that pool would be done by summer 2022. Site manager (Tyler Nelson) said the project would be completed in "45 days on the long end". That was stated on June 1st 2022. January 11th 2023 Travis promised the homeowner that I could "shoot him in the head if the project was not finished by April 2023" (his words when asked about completion date)

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: Observed the construction of a new pool with a contract date of January 26th, 2022 which is yet to be completed. Governing Rule: ARS 32-1154(A)(3) Poor Work – A contractor shall perform all work in a professional and workmanlike manner. R4-9-108(B) – 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.

Complaint Item: 2 - ALL promised deadlines thus far have been completely disregarded by Travis and Unity pools. Investigator’s Observation: Unverified and not in the jurisdiction of the ROC. Governing Rule: N/A

Complaint Item: 3 - Multiple encounters of unprofessional communication by Travis when seeking project updates. (clients are happy to provide examples of texts and recorded phone calls); Investigator’s Observation: Unverified Governing Rule: N/A

Complaint Item: 4 - Poor oversight of work by Unity leaving the clients to catch and communicate big errors. Examples, photos, and texts to support this can be given by clients Investigator’s Observation: Unverified Governing Rule: N/A

Complaint Item: 5 - 7 months after contracted deadline the work not started or uncompleted includes but not limited to: Pool equipment (pumps cleaning system etc), pebble tech, lighting, electrical, slide finish, railing, water hook ups Decking not complete. 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

Ramada, fire pit, BBQ planters all incomplete. Turf not even started Landscaping and lighting not complete; Work at this point is extremely slow and minimal progress is being made to work toward completion. Investigator’s Observation: Verified. The entire pool and landscaping project is in different states of completion. Governing Rule: ARS 32-1154(A)(3) Poor Work – A contractor shall perform all work in a professional and workmanlike manner. R4-9-108(B) – 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.

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

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Shirlene Styers 3045 E Los Altos Ct Gilbert, AZ 85297

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 C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Unity Pools LLC DBA: 4309 S Marble St Gilbert, AZ 85297

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 C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

March 31, 2023

Re: Complaint Number 2023-03565

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for April 19, 2023 at 9:00 AM has been rescheduled for April 28, 2023 at 9:00 AM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 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 C010 04/21 JSI Photos #2023-03565 P 1 Date: 4/28/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-03565 P 2 Date: 4/28/23 at 9:00 am JSI PHOTOS 00AM JSI Photos #2023-03565 P 3 Date: 4/28/23 at 9:00 am JSI PHOTOS 00AM Katie Hobbs, Governor Martín Quezada, Director

Complainant: Shirlene Styers 3045 E Los Altos Ct Gilbert, AZ 85297

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Unity Pools LLC DBA: 4309 S Marble St Gilbert, AZ 85297

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

May 9, 2023

License No. ROC 317823

Re:Complaint No. 2023-03565

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 May 25th, 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.

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

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 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Site manager (Tyler Nelson) said the project would be completed in "45 days on the long end". That was stated on June 1st 2022. January 11th 2023 Travis promised the homeowner that I could "shoot him in the head if the project was not finished by April 2023" (his words when asked about completion date) Investigator’s Observation: Observed the total construction project as listed on the complaint, with a contract date of January 26th, 2022 , is yet to be completed. *Complete project by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor or incomplete work – A contractor shall perform all work in a professional and workmanlike manner. R4-9-108(B) – 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

R4-9-108(B) – 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.

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

Complaint Item: 2 - ALL promised deadlines thus far have been completely disregarded by Travis and Unity pools. Investigator’s Observation: The ROC has determined that the allegations within this complaint item are not grounds for the suspension or revocation of the respondent’s license under ARS 32-1154(A), and therefore, are outside the Registrar’s jurisdiction. Governing Rule: N/A

Complaint Item: 4 - Poor oversight of work by Unity leaving the clients to catch and communicate big errors. Examples, photos, and texts to support this can be given by clients

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Investigator’s Observation: The ROC has no jurisdiction on this complaint item. Governing Rule: N/A

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

Sincerely,

Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 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 C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Shirlene Styers 3045 E Los Altos Ct Gilbert, AZ 85297

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

C012 05/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Unity Pools LLC DBA: 4309 S Marble St Gilbert, AZ 85297

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

C012 05/21 Katie Hobbs, Governor Martín Quezada, Director June 8, 2023

Compliance Jobsite Inspection Notice

Re: Complaint No. 2023-03565

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for June 20, 2023 at 9:00 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,

Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 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 Complainant: Shirlene Styers 3045 E Los Altos Ct Gilbert, AZ 85297

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: Unity Pools LLC DBA: 4309 S Marble St Gilbert, AZ 85297

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 August 4, 2023

Compliance Jobsite Inspection Notice

Re: Complaint No. 2023-03565

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for August 21, 2023 at 9:00 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,

Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 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 CJSI Photos #2023-03565 P 1 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-03565 P 2 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-03565 P 3 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM

Mismatched Tiles CJSI Photos #2023-03565 P 4 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM

Mismatched Tiles CJSI Photos #2023-03565 P 5 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-03565 P 6 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-03565 P 7 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-03565 P 8 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-03565 P 9 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-03565 P 10 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM

Mismatched Tiles CJSI Photos #2023-03565 P 11 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM

Chipped Travertine CJSI Photos #2023-03565 P 12 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-03565 P 13 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-03565 P 14 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-03565 P 15 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-03565 P 16 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-03565 P 17 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM CJSI Photos #2023-03565 P 18 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM

Original shading of Travertine

Shading of Travertine set at a later date CJSI Photos #2023-03565 P 19 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM

Excessive Lippage CJSI Photos #2023-03565 P 20 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM

Excessive Lippage CJSI Photos #2023-03565 P 21 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM

Excessive Lippage CJSI Photos #2023-03565 P 22 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM

Excessive Lippage CJSI Photos #2023-03565 P 23 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM

Excessive Lippage

Chipped Travertine CJSI Photos #2023-03565 P 24 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM

Excessive Lippage CJSI Photos #2023-03565 P 25 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM

Excessive Mortar CJSI Photos #2023-03565 P 26 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM

Excessive Mortar

Unpainted Planter CJSI Photos #2023-03565 P 27 Date: 8/21/23 at 9:00 am JSI PHOTOS 00AM

Leak Below Water Feature

Uneven distribution of water flowing over water feature Complainant: Shirlene Styers 3045 E Los Altos Ct Gilbert, AZ 85297

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: Unity Pools LLC DBA: 4309 S Marble St Gilbert, AZ 85297

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.: 2023-03565 Investigator: Todd Anderson Inspection Date: August 21, 2023 Inspection Time: 9:00 AM

Compliance Jobsite General Notes:

*Respondent was not present at Compliance Inspection

Compliance Findings:

Compliance Item: 1 - Main issue is the lack of completion of our project and unmet promises as listed; Contract states project would be completed 4-6 months from shotcrete which occured on Jan. 29th 2022. Travis at Unity promised multiple times both verbally and through text (can be given by homeowners) that pool would be done by summer 2022. Site manager (Tyler Nelson) said the project would be completed in "45 days on the long end". That was stated on June 1st 2022. January 11th 2023 Travis promised the homeowner that I could "shoot him in the head if the project was not finished by April 2023" (his words when asked about completion date) Investigator’s Observation: As of the date of the Compliance Inspection (8/21/23), not all work had been completed. The area under the Jump Wall water feature is unfinished. Additionally, some of the work that was completed did not meet minimum workmanship standards. The later installed Travertine Pavers were not of the same shading as those set months earlier and there were lippage issues throughout the deck. I observed a leak under the water feature spillway and some of the water flowing over the spillway has made it’s way onto the adjacent planter causing puddling. The colored LED lights inside the pool and spa are not synced. The spa jets do not appear to provide enough pressure. And lastly, what appeared to be either thinset or mortar was observed running 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 down onto the Ledgerstone from under the Sheer Decent water feature and right-hand corner of the planter under a 12” x 12” end piece of Travertine. Governing Rules: ARS 32-1154(A)(22) – Failure to comply with a written directive ARS 32-1154(A)(3) - Poor Workmanship

Complaint Item: 5 - 7 months after contracted deadline the work not started or uncompleted includes but not limited to: Pool equipment (pumps cleaning system etc), pebble tech, lighting, electrical, slide finish, railing, water hook ups Decking not complete. Ramada, fire pit, BBQ planters all incomplete. Turf not even started Landscaping and lighting not complete; Work at this point is extremely slow and minimal progress is being made to work toward completion. Investigator’s Observation: As of the date of the Compliance Inspection (8/21/23), not all work had been completed. The area under the Jump Wall water feature is unfinished. Additionally, some of the work that was completed did not meet minimum workmanship standards. The later installed Travertine Pavers were not of the same shading as those set months earlier and there were lippage issues throughout the deck. I observed a leak under the water feature spillway, and some of the water flowing over the spillway has made it’s way onto the adjacent planter causing puddling. The colored LED lights inside the pool and spa are not synced. The spa jets do not appear to provide enough pressure. And lastly, what appeared to be either thinset or mortar was observed running down onto the Ledgerstone from under the Sheer Decent water feature and right-hand corner of the planter under a 12” x 12” end piece of Travertine.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Governing Rules: ARS 32-1154(A)(22) – Failure to comply with a written directive ARS 32-1154(A)(3) - Poor Workmanship

Note:

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,

Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 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 C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Shirlene Styers, Case No. 2023-03565 COMPLAINANT, v. Unity Pools LLC CITATION License No. ROC 317823,

RESPONDENT.

The Registrar issues this Citation to Unity Pools LLC (“Respondent”) under A.R.S.

§ 32-1155(A). If Respondent fails to answer this Citation by October 13, 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 March 24, 2023, Shirlene Styers (“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. 2023-03565. 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 October 13, 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 September 28, 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, September 28, 2023 to:

Respondent Certified Mail No: [number redacted]

Unity Pools LLC 4309 S Marble St Gilbert, AZ 85297-4531 Copy mailed by USPS First Class mail this same date to:

Respondent Unity Pools LLC 4309 S Marble St Gilbert, AZ 85297-4531

Complainant Shirlene Styers 3045 E Los Altos Ct. Gilbert, AZ 85297

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. 2023-03565

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 5/23/23, 11:27 AM State of Arizona Mail - Styers pictures Complaint No. 2023-03565

Todd Anderson <[email redacted]>

Styers pictures Complaint No. 2023-03565 me age

shirlene srmedsolutions.com <[email redacted]> Sat, May 20, 2023 at 12:11 PM To: "[email redacted]" <[email redacted]>

Hello Todd, Here are the pictures I took yesterday to show the lack of progress in our yard since you came out last month for the investigation. Although Travis at Unity promised in that meeting that they would have our project complete by now (three weeks from the investigation) you can see that we are far from having this project completed. Unity has only had crew onsite working one day in the past two weeks. We are still waiting on pool/spa equipment, railing on the jump feature, roof for the ramada, decking, and so many other smaller items. Our biggest concern since they filled the pool on April 30th is safety I do not believe this was properly inspected as we still have no railing installed on the jump feature or lights installed in the pool. While we are new to this, I cannot imagine that would be approved by an inspector. We would appreciate your help in pressing Unity to finish these very important safety items ASAP and in looking into this case to see if all the right protocols have been followed I know you will get the same excuses we have for the past 20 months about things being back ordered, or crew not showing up. While these could be valid to some degree, I feel after 20 months it is not an acceptable reason for delay now. With that I would also appreciate your help in obtaining proof of when he placed orders for anything we continue to wait on (railing, ramada roof, tile etc )

Thanks for your help on this frustrating situation. Have a great weekend! Shirlene

Shirlene Styers | Health Insurance Broker License #17366532 CA License #4026765 [email redacted] 602-377-8093

Senior Insurance Specialists 3930 E University Dr Mesa, AZ 85205

CONFIDENTIALITY NOTICE (HIPAA NOTICE) The information in this E mail message is confidential and for the sole use of the intended recipient If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this information is strictly prohibited. If you received this communication in error, please notify the sender immediately. Simple Med Solution is not responsible for errors, omissions or personal comments in this E-mail message. DOI License #17366532 We do not offer every plan available in your area Any information we provide is limited to those plans we do offer in your area Please contact medicare gov or 1-800-MEDICARE to get information on your options.

From: [number redacted]@vzwpix.com <[number redacted]@vzwpix.com> Sent: Saturday, May 20, 2023 11:32 AM To: shirlene srmedsolutions.com <[email redacted]> Subject: https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/4 5/23/23, 11:27 AM State of Arizona Mail - Styers pictures Complaint No. 2023-03565

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https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 4/4 5/26/23, 10:14 AM State of Arizona Mail - Follow up for Complaint No. 2023-03565

Todd Anderson <[email redacted]>

Follow up for Complaint No. 2023-03565 me age

shirlene srmedsolutions.com <[email redacted]> Thu, May 25, 2023 at 9:20 PM To: Todd Anderson <[email redacted]>

Hi Todd,

We wanted to check in with you since it is the 25th now and give you an update on our project. Unfortunately, our backyard is still not complete with many items still outstanding The unfinished items include the following (this might not be a complete list as there may be other items needed that we are unaware of).

1. Decking not completed (around the pool, planter walls, pad by gate, etc.) No railing for the jump wall and stairs (this is still a big safety concern with the pool filled) 3. Missing in-floor cleaning heads. 4. Ramada roof has not been delivered/installed. 5. Heater for spa has not been delivered/installed. Gas connection for main line needs to be connected 7. Pool lights have not been delivered/installed (safety concern as we can’t see in the pool at night). 8. Drain for BBQ cooler needs to be installed 9. BBQ grill, cooler, and doors need to be installed. Drip line needed for area next BBQ/house 11. Additional rocks needed in area behind shed, next to house, etc. 12. Painting needed for jump wall, ramada, planter wall, etc. 13. Electrical outlets need to be installed on grill and ramada. Plants needed under window by BBQ and in pool planter 15. Tile needs to be delivered/installed in pool planter area. 16. Level the trampoline. (safety concern with children running around the yard) 17. We are not sure what will run the bubblers and waterfalls (as they have not even been tested yet) but additional pool pump or equipment might still be needed 18. Lighting on plants and trees has not been installed.

In addition to these items, we’ve had another unfortunate occurrence. We would like to amend the complaint to include this item Unity Pools recently delivered and installed additional decking and the color they’ve installed does not match the original decking. We’ve included pictures to reflect this poor workmanship and we’d like to discuss this further with you. While Unity has not mentioned the difference to us, it is obvious they are aware as they pried up several of the old pieces in order to finish the coping around the spa and replaced them with the new color which you can see is obviously much darker and looks terrible.

During our meeting when you were onsite at our house, the owner of Unity Pools committed to completing our yard and being “out of our hair” in 3 weeks We are now at 4 weeks and still don’t have an end in sight I will call you tomorrow so we can discuss next steps with this process.

We appreciate your support. Shirlene https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/3 5/26/23, 10:14 AM State of Arizona Mail - Follow up for Complaint No. 2023-03565

Shirlene Styers | Health Insurance Broker License #17366532 CA License #4026765 [email redacted] 602 377 8093

Senior Insurance Specialists 3930 E University Dr Mesa, AZ 85205

CONFIDENTIALITY NOTICE (HIPAA NOTICE): The information in this E-mail message is confidential and for the sole use of the intended recipient. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this information is strictly prohibited. If you received this communication in error, please notify the sender immediately. Simple Med Solution is not responsible for errors, omissions or personal comments in this E-mail message DOI License #17366532 We do not offer every plan available in your area. Any information we provide is limited to those plans we do offer in your area. Please contact medicare.gov or 1-800-MEDICARE to get information on your options.

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Todd Anderson <[email redacted]>

Follow up for Complaint No. 2023-03565 me age

shirlene srmedsolutions.com <[email redacted]> Thu, May 25, 2023 at 9:20 PM To: Todd Anderson <[email redacted]>

Hi Todd,

We appreciate your support. Shirlene https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/8 6/1/23, 4:22 PM State of Arizona Mail - Follow up for Complaint No. 2023-03565

Shirlene Styers | Health Insurance Broker License #17366532 CA License #4026765 [email redacted] 602 377 8093

Senior Insurance Specialists 3930 E University Dr Mesa, AZ 85205

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shirlene srmedsolutions.com <[email redacted]> Tue, May 30, 2023 at 8:51 AM To: Todd Anderson <[email redacted]>

Hello Todd, I am sending a few more pictures of our most recent workmanship issues on our project with Unity pools. The decking is visibly different in both color and the pattern in which they are laying it. I am sending a picture of the limestone we selected in March of 2022. The first round of decking they laid was exactly what we selected (light colored and in three different sizes), but they only did about half of the decking and did not even deliver all of the material needed. Now many months later they are installing something visibly darker. Not only is it easy to see the difference, but I know that the crew installing it was aware of the issue as they pried up several of the larger pieces that had been laid previously in order to finish the coping directly around the spa so it would blend with the border. The pieces they laid in the vacancy stick out like a sore thumb showing the very big difference in both color and design. I also notices a big difference in how many of the larger tiles they are placing that also makes the problem even more noticeable I put some blue painters tape on each of the larger squares they laid in a section to show the difference in the first round of work vs the most current attempt. I told Harley about the issue last week and he said it is because the other stone has faded. The original stone is the exact color we ordered that was laid, and I told him I do not believe stone fades like that. I added you to the text informing Travis of the problem since he is rarely on site to oversee the work being done. I will attache the text exchange here so you have it all together in an email. We realize that stone is natural and will have slight variations, but this is far beyond that. Knowing stone does vary I would expect our contractor to order all the decking needed at one time so that it would be from the same batch I believe this is where the issue lies My husband and I have made many concessions since starting this project 20 months ago, but this is not one we are willing to accept. I'm sure you will agree that this is poor workmanship. When you are putting in $30,000 in decking, you expect it to look somewhat uniform, and this looks like we ran out of money and had to finish our project years later and could not find a match.

https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 3/8 6/1/23, 4:22 PM State of Arizona Mail - Follow up for Complaint No. 2023-03565

The other picture of poor workmanship I am attaching is of a rust spot on our spa. It has been there since day 1 after pebble and we called the pebble guy right away on it and Travis is aware as well. Travis said a week ago that the pebble guy was coming out to look at it, but that has not happened yet.

We are also concerned as we are still waiting on some of our pool equipment to be installed 4 weeks after the pool has been filled with water. We do not feel that the pool has been properly set up, and have been trying to do our best to keep it from going green, but everyone tells us it is our builders responsibility to properly set up the pool initially and give us clear instructions. That is not happening, and we are afraid it will damage our very expensive project.

I am looking forward to talking with you today as this all weighs heavily on my mind each day. We just want our project finished properly. Thank you, Shirlene

Shirlene Styers | Health Insurance Broker License #17366532 CA License #4026765 [email redacted] 602-377-8093

Senior Insurance Specialists 3930 E University Dr Mesa, AZ 85205

CONFIDENTIALITY NOTICE (HIPAA NOTICE): The information in this E-mail message is confidential and for the sole use of the intended recipient. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this information is strictly prohibited. If you received this communication in error, please notify the sender immediately. Simple Med Solution is not responsible for errors, omissions or personal comments in this E-mail message. DOI License #17366532 We do not offer every plan available in your area. Any information we provide is limited to those plans we do offer in your area. Please contact medicare.gov or 1-800-MEDICARE to get information on your options.

From: shirlene srmedsolutions.com Sent: Thursday, May 25, 2023 9:20 PM To: Todd Anderson <[email redacted]> Subject: Follow up for Complaint No. 2023-03565

[Quoted text hidden]

attachments

Decking we approved in March of 2022.png 2842K

https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 4/8 6/1/23, 4:22 PM State of Arizona Mail - Follow up for Complaint No. 2023-03565

Decking they are installing now.HEIC 3820K

IMG_1780.heic 1742K

Poor workmanship.heic 2483K

Rust spot in our spa.HEIC 951K

IMG_DA708973E70A-1.jpeg 1517K

shirlene srmedsolutions.com <[email redacted]> Thu, Jun 1, 2023 at 3:55 PM To: Todd Anderson <[email redacted]>

https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 5/8 6/1/23, 4:22 PM State of Arizona Mail - Follow up for Complaint No. 2023-03565

Hello Todd,

I am attaching the last two emails so that everything is in one place. As a recap, when you came out for the investigation on April 28th, Travis laid out his plan to complete our yard which included pool equipment and railing the following week and he said they would be completely done in three weeks time. That was over four weeks ago, and we are still far from having a completed project. All that has been done in that 4 week timeframe is the pebble, some (but not all) pool equipment was installed, and 4 days of various work on decking/finishes on walls. We are still waiting on some of our pool equipment and the railing which was promised the first week of May. The railing has been a big safety concern for us and was again promised to be installed today (Thursday 6/1). No one came to install the railing and at 2:30pm when I text Unity to asked about it I was told by Harley that the installer got held up at another job, that the material has not come in yet, but that he will get it here Monday. This is the pattern we have experience for over 20 months now.

This means that IF the crew comes tomorrow we will have one day of work done this week and the work they are doing is installing decking that does not match what they previously installed that we are not satisfied with and will need to replace. (See below email for more detail on that)

We are asking that you help us get this project completed properly. If Travis can be held accountable to quality work and promised dates, we would ask that he commit to dates for all the remaining work on the list in the below email with a reasonable completion date. At over 20 months we are not willing to give him an unlimited amount of time to finish this job.

If you don't feel that is something that can be accomplished we would love to know what options we have for finding other reliable contractors to finish this job using the recovery fund.

Thank you for your help.

Hello Todd,

I am sending a few more pictures of our most recent workmanship issues on our project with Unity pools. The decking is visibly different in both color and the pattern in which they are laying it. I am sending a picture of the limestone we selected in March of 2022. The first round of decking they laid was exactly what we selected (light colored and in three different sizes), but they only did about half of the decking and did not even deliver all of the material needed. Now many months later they are installing something visibly darker. Not only is it easy to see the difference, but I know that the crew installing it was aware of the issue as they pried up several of the larger pieces that had been laid previously in order to finish the coping directly around the spa so it would blend with the border. The pieces they laid in the vacancy stick out like a sore thumb showing the very big difference in both color and design. I also notices a big difference in how many of the larger tiles they are placing that also makes the problem even more noticeable. I put some blue painters tape on each of the larger squares they laid in a section to show the difference in the first round of work vs the most current attempt. I told Harley about the issue last week and he said it is because the other stone has faded. The original stone is the exact color we ordered that was laid, and I told him I do not believe stone fades like that.

https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 6/8 6/1/23, 4:22 PM State of Arizona Mail - Follow up for Complaint No. 2023-03565

I added you to the text informing Travis of the problem since he is rarely on site to oversee the work being done. I will attache the text exchange here so you have it all together in an email. We realize that stone is natural and will have slight variations, but this is far beyond that. Knowing stone does vary I would expect our contractor to order all the decking needed at one time so that it would be from the same batch. I believe this is where the issue lies. My husband and I have made many concessions since starting this project 20 months ago, but this is not one we are willing to accept. I'm sure you will agree that this is poor workmanship. When you are putting in $30,000 in decking, you expect it to look somewhat uniform, and this looks like we ran out of money and had to finish our project years later and could not find a match.

I am looking forward to talking with you today as this all weighs heavily on my mind each day. We just want our project finished properly. Thank you, Shirlene

Shirlene Styers | Health Insurance Broker License #17366532 CA License #4026765 [email redacted] 602-377-8093

Senior Insurance Specialists 3930 E University Dr Mesa, AZ 85205

CONFIDENTIALITY NOTICE (HIPAA NOTICE): The information in this E-mail message is confidential and for the sole use of the intended recipient. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this information is strictly prohibited. If you received this communication in error, please notify the sender immediately. Simple Med Solution is not responsible for errors, omissions or personal comments in this E-mail message. DOI License #17366532 We do not offer every plan available in your area. Any information we provide is limited to those plans we do offer in your area. Please contact medicare.gov or 1-800-MEDICARE to get information on your options.

From: shirlene srmedsolutions.com Sent: Thursday, May 25, 2023 9:20 PM To: Todd Anderson <[email redacted]> Subject: Follow up for Complaint No. 2023-03565

Hi Todd, [Quoted text hidden] [Quoted text hidden]

attachments https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 7/8 6/1/23, 4:22 PM State of Arizona Mail - Follow up for Complaint No. 2023-03565

IMG_1794.HEIC 2927K

IMG_1795.HEIC 3432K

IMG_1796.HEIC 3857K IMG_1797.HEIC 1385K IMG_1780.heic 1742K

https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 8/8 6/16/23, 3:20 PM State of Arizona Mail - Amendment for Complaint No. 2023-03565

Todd Anderson <[email redacted]>

Amendment for Complaint No. 2023-03565 me age

shirlene srmedsolutions.com <[email redacted]> Fri, Jun 16, 2023 at 2:12 PM To: Todd Anderson <[email redacted]>

Hello Todd, Can you please add these items to our complaint?

The tile has never looked right once installed, and did not look at all like the samples we were shown, and now the tile is starting to fall off. The actual tile that was ordered is correct, however, we are sure the issue lies with the installation. When we looked at the website for Oceanside glass (the company Travis ordered our tile from) there are very specific instructions regarding the install of the tile wich include using a white thinset to get the correct outcome. (I have attached a screenshot from their site).The company specifically mentions tiles such as ours that are transparent and will not look right if you do not use the correct material to install it. Whatever material that was used when installing our tile was the same color as the cement which has given us a very different finished product. We are not satisfied with the color and are also concerned with the possible issues we will face from the correct process not being followed during instalation.

2- Dementions of the pool are incorrect. The space under our ramada was supposed to be larger. After reviewing the plans for the pool which we recently found in our power box, we have found it is because the pool was dug incorrectly and did not leave the space we had approved for the design. Now that the decking is being installed we went to place our order for the furniture we had selected and found it does not fit so we have to custome order new furniture to fit the smaller space.

3- While decking was already a reported issue, Unity has now installed a third color of decking for a total of three different colors in our yard We have had a reputable licensed contractor out to assess and he has informed us that the workmanship is worse than we even realized as the pink material used beneath the decking is known to seep through and stain limestone over time.

The splicing on the turf is very obvious and looks bad I'm not sure but I feel it has been laid incorrectly and that is why it is so obvious. It appears to be like carpet that needs to be laid in the right direction to look consistant. I have attached photos to show the issue.

The longer we go through this process with Unity, the more discouraged we get We do not feel we can continue this process with Unity and would like to work through the ROC to finish this project with other contractors that we can trust utilizing the recovery fund. We are looking forward to you coming out on Tuesday to see for yourself some of the workmanship issues

Have a good weekend. Shirlene

https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/3 6/16/23, 3:20 PM State of Arizona Mail - Amendment for Complaint No. 2023-03565

attachments

IMG_2063.jpg 212K

IMG_5853.jpg 272K

[number redacted].jpg 189K

Tile bond from Oceanside.jpg 221K

IMG_5803.HEIC 2426K

https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 2/3 6/16/23, 3:20 PM State of Arizona Mail - Amendment for Complaint No. 2023-03565

IMG_5804.HEIC 2242K

https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 3/3 6/22/23, 8:39 AM State of Arizona Mail - Styers - Unity Tile Install

Todd Anderson <[email redacted]>

Styers - Unity Tile Install messages

Kurt Styers <[email redacted]> Thu, Jun 22, 2023 at 8:31 AM To: "[email redacted]" <[email redacted]>

Good Morning Todd,

As a follow-up to the text exchange this morning, we wanted to quickly share our thoughts on the tile around our spa and water-line. I spoke with the crew from Unity this morning who confirmed that Travis is using a grey thin-set to install this tran lucent gla I howed them a picture of the completed project on Ocean ide' web ite and they confirmed that a white thin-set would be required to get that finish and said "it would look much better."

On Oceanside's website, they have clear instructions for contractors on how to install their translucent tile which includes the following, "We recommend the u e of pecific white thin et , ome mi ed with a pecific late admi " I'm attaching a screenshot from those instructions that come directly from their website.

We have not seen the email from Oceanside that Travis is referencing but we know the problem is that he used the incorrect color of thin et to in tall our tran lucent tile He never con ulted u on u ing a different color of thin et

We are really hoping this can be corrected. Thank you again for your help.

Kurt Styer

Todd Anderson <[email redacted]> Thu, Jun 22, 2023 at 8:39 AM To: Kurt Styers <[email redacted]>

Thank you for sending this.I will look into this and get back to you.

Todd Anderson [Quoted text hidden]

https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/1 7/10/23, 2:28 PM State of Arizona Mail - Unity Pools - Final Date

Todd Anderson <[email redacted]>

Unity Pools - Final Date me age

Kurt Styers <[email redacted]> Fri, Jul 7, 2023 at 12:04 PM To: [email redacted]

Hi Todd,

I hope you had a great 4th of July celebration.

I ju t wanted to end you a quick update and hare that Unity did not come out a ingle day thi week to complete any work. We still need pool equipment, pool lights, gas connected, and several other items from the list that have not been completed. We are quickly approaching the final date that they were given of July 12th. Can you remind me what the next steps will be once that date passes if/when they have not completed the required tasks?

Thank you!

Todd Anderson <[email redacted]> Mon, Jul 10, 2023 at 2:28 PM To Kurt Styer k tyer 22@gmail com

Kurt, The last I heard he was supposed to get it wrapped up before the 12th deadline. Actually, he told me that the new equipment was to go in last week. So, no equipment installed as of today? [Quoted text hidden]

https://mail.google.com/mail/u/0/? k=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/1 10/10/23, 8:39 AM State of Arizona Mail - Fwd: Case # 2023-03565

Answers - AZROC <[email redacted]>

Fwd: Case # 2023-03565 message

Travis Scott <[email redacted]> Tue, Oct 10, 2023 at 7:49 AM To: [email redacted]

Begin forwarded message:

From: Travis Scott <[email redacted]> Subject: Case # 2023-03565 Date: October 10, 2023 at 7:45:05 AM MST To: [email redacted]

Good morning, I needed to file a answer to this citation. I do not agree with this. I have provided letters from my material suppliers to the investigator of the false claims I regards to the travertine and the tile being installed wrong. Project took way to long and we had material shortages and labor. I just need so help in what else I need to do with this thank you.

https://mail.google.com/mail/b/AEoRXRSWA7YFi1zyzwlH6KgzqYeTd5Zc4tbUvg_bV-a1D8SWsOQp/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 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