2023A-03912-CHC-ROC Notice of Hearing and Packet MAILED

2023A-03912-CHC-ROC · Registrar of Contractors · 2023-08-23

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Iftequar Siddiqui , Case No. 2023-03912 COMPLAINANT, Docket No. 2023A-03912-CHC-ROC v. NOTICE OF HEARING ON BMR Roofing LLC CONTESTED CASE License No. ROC 315752,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: September 27, 2023 1:00 PM Brian Del Vecchio 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 25, 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 August 22, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail August 22, 2023 to: Respondent(s) BMR Roofing LLC 7739 E Broadway Blvd # 253 Tucson, AZ 85710 Corey Larson, Esq. 5210 E Williams Cir Ste 800 Tucson, AZ 85711 Complainant(s) Iftequar Siddiqui 7460 e knollwood dr tucson, AZ 85750

David Ruiz Esq. 333 North Wilmot Road, Suite 300 Tucson, AZ 85711 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar

Case No. 2023-03912 /

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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Complainant: Iftequar Siddiqui 7460 e knollwood dr tucson, AZ 85750

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 Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Respondent: BMR Roofing LLC DBA: 7739 E Broadway Blvd # 253 Tucson, AZ 85710

April 7, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-03912

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for May 3, 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 Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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, Arlo Houston Arlo Houston, Investigator #185 (520) 628-6895 [email redacted] 1700 W Washington St., Ste 105 Phoenix, Arizona 85007

CC:

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 Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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 Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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: Iftequar Siddiqui 7460 e knollwood dr tucson, AZ 85750

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: BMR Roofing LLC DBA: 7739 E Broadway Blvd # 253 Tucson, AZ 85710

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

April 24, 2023

Re: Complaint Number 2023-03912

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for May 3, 2023 at 9:00 AM has been rescheduled for May 15, 2023 at 1:00 PM.

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,

Arlo Houston Arlo Houston, Investigator #185 (520) 628-6895 [email redacted] 1700 W Washington St., Ste 105 Phoenix, Arizona 85007

CC:

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

Complainant: Iftequar Siddiqui 7460 e knollwood dr tucson, AZ 85750

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: BMR Roofing LLC DBA: 7739 E Broadway Blvd # 253 Tucson, AZ 85710

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 23, 2023

License No. ROC 315752

Re:Complaint No. 2023-03912

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 June 19, 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: 7 - "Missing tiles on south side of roof structure" Investigator’s Observation: Verified. -Area of missing rake tiles on South side of house 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.

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

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

Compliance Item: 1 - "Improper installation of flashing over garage west valley;" Investigator’s Observation: Unverified. The flashing in this area appears to be existing flashing as it is installed within the existing stucco system. No documentation or supporting evidence from the complainant was submitted that would show that the flashing was installed by the respondent, the respondent said they did not install the flashing in this area, and I am unable to determine if the flashing was installed by the respondent. Governing Rule: N/A

Compliance Item: 2 - "improper installation of clay tile - not extending 3 inches beyond eaves;" Investigator’s Observation: Unverified. No documentation or supporting evidence from the complainant was submitted that would show that the tile overhang distance of the installed tiles does not conform to the tile manufacturer's installation specifications. Governing Rule: N/A

Compliance Item: 3 - "inappropriate size nails used and are penetrating through wood beam;" Investigator’s Observation: Unverified. I am unable to determine if areas of nails protruding through the decking are from the respondent's work. Governing Rule: N/A

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

Compliance Item: 4 - "improper installation of flashing - blocked with mortar in many places;" Investigator’s Observation: Unverified. I observed for small amounts of mortar, and/or stucco residue, and paint on areas of flashing, in areas that the complainant pointed out that could be visually inspected, but the areas did not appear blocked with mortar. I could not determine if the materials remaining on the flashing were from the respondent’s work as no documentation or supporting evidence from the complainant was submitted that would show that the flashing was installed by the respondent, the respondent said they did not install the flashing in these areas, and I am unable to determine if the flashing was installed by the respondent. Governing Rule: N/A

Compliance Item: 5 - "failure to install saddle flashing/cricket behind chimney;" Investigator’s Observation: Unverified. Unable to visually inspect the upslope areas of the chimney locations. No documentation or evidence submitted by the complainant that saddle flashing or a cricket was to be installed in this area by the respondent. Additionally, the flashing on the side of the West chimney appears to be existing flashing as it is installed within the stucco system and there appears to be either weather resistive barrier or cladding underlayment embedded above and overlapping the flashing in this area. No documentation or supporting evidence from the complainant was submitted that would show that the flashing was installed by the respondent, the respondent said they did not install the flashing in this area, and I am unable to determine if the flashing was installed by the respondent. Governing Rule: N/A

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

Compliance Item: 6 - "failure to install counterflashing where tile meets sidewall of home;" Investigator’s Observation: Unverified. Areas of flashing appear to be existing flashing as they are installed within the existing stucco system. No documentation or supporting evidence from the complainant was submitted that would show that the flashing was installed by the respondent, the respondent said they did not install the flashing in this area, and I am unable to determine if the flashing was installed by the respondent. Governing Rule: N/A

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

Sincerely,

Arlo Houston Arlo Houston, Investigator #185 520 6286895 [email redacted] 1700 W Washington St., Ste 105 Phoenix, Arizona 85007

CC:

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

Jobsite Inspection Notes

Case No.: 2023-03912 Investigator: Arlo Houston Inspection Date: May 15, 2023 Inspection Time: 1:00 PM

Complainant: Iftequar Siddiqui Respondent: BMR Roofing LLC Not Present: Not Present:

Jobsite General Notes: Arrived at Complainant’s jobsite location at 1:00PM. Pictures taken with Registrar of Contractors agency issued camera - Canon PowerShot ELPH180. Audio recorded with Registrar of Contractors agency issued digital audio recorder - Olympus Digital Voice Recorder DS-30. Complainant, Iftequar Siddiqui, present. Respondent, Shemilee Aguilar Sinclair, and employee, Brandon Reddis, present.

Complaint Item: 1 - "Improper installation of flashing over garage west valley;" Investigator’s Observation: Unverified. The flashing in this area appears to be existing flashing as it is installed within the existing stucco system. No documentation or supporting evidence from the complainant was submitted that would show that the flashing was installed by the respondent, the respondent said they did not install the flashing in this area, and I am unable to determine if the flashing was installed by the respondent. Reference JIS pic(s): 2 Governing Rule: N/A

Complaint Item: 2 - "improper installation of clay tile - not extending 3 inches beyond eaves;" Investigator’s Observation: Unverified. No documentation or supporting evidence from the complainant was submitted that would show that the tile overhang distance of the installed tiles does not 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

conform to the tile manufacturer's installation specifications. Reference JIS pic(s): 3-5, 7-8, 14-15 Governing Rule: N/A

Complaint Item: 3 - "inappropriate size nails used and are penetrating through wood beam;" Investigator’s Observation: Unverified. I am unable to determine if areas of nails protruding through the decking are from the respondent's work. Reference JIS pic(s): 5-6 Governing Rule: N/A

Complaint Item: 4 - "improper installation of flashing - blocked with mortar in many places;" Investigator’s Observation: Unverified. I observed for small amounts of mortar, and/or stucco residue, and paint on areas of flashing, in areas that the complainant pointed out that could be visually inspected, but the areas did not appear blocked with mortar. I could not determine if the materials remaining on the flashing were from the respondent’s work as no documentation or supporting evidence from the complainant was submitted that would show that the flashing was installed by the respondent, the respondent said they did not install the flashing in theses areas, and I am unable to determine if the flashing was installed by the respondent. Reference JIS pic(s): 2, 9-10, 15-18 Governing Rule: N/A

Complaint Item: 5 - "failure to install saddle flashing/cricket behind chimney;" Investigator’s Observation: Unverified. Unable to visually inspect the upslope areas of the chimney locations. No documentation or evidence submitted by the complainant that saddle flashing or a cricket was to be installed in this area by the respondent. Additionally, the flashing on the side of the West chimney appears to be existing flashing as it is installed

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

within the stucco system and there appears to be either weather resistive barrier or cladding underlayment embedded above and overlapping the flashing in this area. No documentation or supporting evidence from the complainant was submitted that would show that the flashing was installed by the respondent, the respondent said they did not install the flashing in this area, and I am unable to determine if the flashing was installed by the respondent. Reference JIS pic(s): 7-13 Governing Rule: N/A

Complaint Item: 6 - "failure to install counterflashing where tile meets sidewall of home;" Investigator’s Observation: Unverified. Areas of flashing appear to be existing flashing as they are installed within the existing stucco system. No documentation or supporting evidence from the complainant was submitted that would show that the flashing was installed by the respondent, the respondent said they did not install the flashing in this area, and I am unable to determine if the flashing was installed by the respondent. Reference JIS pic(s): 2, 7-10, 15-16 Governing Rule: N/A

Complaint Item: 7 - "Missing tiles on south side of roof structure" Investigator’s Observation: Verified. -Area of missing rake tiles on South side of house Reference JIS pic(s): 19 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 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complaint #2023-03912 P 1 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS Complaint #2023-03912 P 2 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS

View of pan/channel flashing over garage Complaint #2023-03912 P 3 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS

View of tile overhang at eave Complaint #2023-03912 P 4 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS

View of tile overhang at eave Complaint #2023-03912 P 5 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS

View of tile overhang at eave

View of nails protruding through decking Complaint #2023-03912 P 6 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS

View of nails protruding through decking Complaint #2023-03912 P 7 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS

View of West chimney Complaint #2023-03912 P 8 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS

View of West chimney: pan/channel flashing Complaint #2023-03912 P 9 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS

View of West chimney: pan/channel flashing Complaint #2023-03912 P 10 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS

View of West chimney: pan/channel flashing Complaint #2023-03912 P 11 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS

View of West chimney Complaint #2023-03912 P 12 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS

View of West chimney: pan/channel flashing Complaint #2023-03912 P 13 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS

View of West chimney: pan/channel flashing Complaint #2023-03912 P 14 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS Complaint #2023-03912 P 15 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS Complaint #2023-03912 P 16 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS Complaint #2023-03912 P 17 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS Complaint #2023-03912 P 18 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS Complaint #2023-03912 P 19 JSI Date: 5/15/2023 at 1:00PM JSI address: 7460 e knollwood dr, Tucson, AZ 85750 JSI PHOTOS Katie Hobbs, Governor Martín Quezada, Director

Complainant: Iftequar Siddiqui 7460 e knollwood dr tucson, AZ 85750

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: BMR Roofing LLC DBA: 7739 E Broadway Blvd # 253 Tucson, AZ 85710

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 7, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-03912

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for June 26, 2023 at 2:00 PM 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,

Arlo Houston Arlo Houston, Investigator #185 520 6286895 [email redacted] 1700 W Washington St., Ste 105 Phoenix, Arizona 85007

CC: 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 Katie Hobbs, Governor Martín Quezada, Director

Respondent Attorney: Corey Larson, Esq. 5210 E Williams Cir Ste 800 Tucson, AZ 85711

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: Iftequar Siddiqui 7460 e knollwood dr tucson, AZ 85750

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: BMR Roofing LLC DBA: 7739 E Broadway Blvd # 253 Tucson, AZ 85710

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 June 28, 2023

License No. ROC 315752

Re:Complaint No. 2023-03912

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

Compliance Item: 9 - "Crooked vertical and horizontal lines of the clay tile system (ROC standard)" Investigator’s Observation: Verified. At the addendum jobsite inspection I observed for an area of tiles on the West side of the roofing system where the vertical lines of the tiles, from the ridge down to the eave, are not reasonably straight.

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 -Respondent is to remedy all areas of roofing system where this condition is present. 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: 3 - "inappropriate size nails used and are penetrating through wood beam;" Investigator’s Observation: Unverified.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 I am unable to determine if areas of nails protruding through the decking are from the respondent's work. Governing Rule: N/A

Compliance Item: 5 - "failure to install saddle flashing/cricket behind chimney;" Investigator’s Observation: Unverified. No documentation or evidence submitted by the complainant that saddle flashing or a cricket was to be installed in this area by the respondent. Additionally, the flashing on the side of the West chimney appears to be existing flashing as it is installed within the stucco system and there appears to be either weather resistive barrier or cladding underlayment embedded above and overlapping the flashing in this area. No documentation or supporting evidence from the complainant was submitted that would show that the flashing was installed by the respondent, the respondent said they did not

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 install the flashing in this area, and I am unable to determine if the flashing was installed by the respondent. Governing Rule: N/A

Compliance Item: 8 - "Failure to nail clay tile per construction standards throughout the roof system--this condition is present throughout the roof structure and not just the area previously cited. I have been counseled to establish this in the ROC inspectors presence so there is no ambiguity about this violation" Investigator’s Observation: Unverified. Duplicate item from previous related complaint no.: 2023-00056 Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 ITEMS ALREADY COMPLETED BY RESPONDENT The following complaint items were already completed per Written Directive by the Respondent:

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

Sincerely,

Arlo Houston Arlo Houston, Investigator #185 520 6286895 [email redacted] 1700 W Washington St., Ste 105 Phoenix, Arizona 85007

CC: Respondent Attorney

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent Attorney: Corey Larson, Esq. 5210 E Williams Cir Ste 800 Tucson, AZ 85711

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Addendum Jobsite Inspection Notes

Case No.: 2023-03912 Investigator: Arlo Houston Inspection Date: June 26, 2023 Inspection Time: 2:15 PM

Complainant: Iftequar Siddiqui Respondent: BMR Roofing LLC Not Present: Not Present:

Complaint Item: 8 - "Failure to nail clay tile per construction standards throughout the roof system--this condition is present throughout the roof structure and not just the area previously cited. I have been counseled to establish this in the ROC inspectors presence so there is no ambiguity about this violation" Investigator’s Observation: Unverified. Duplicate item from previous related complaint no.: 2023-00056 Governing Rule: N/A

Complaint Item: 9 - "Crooked vertical and horizontal lines of the clay tile system (ROC standard)" Investigator’s Observation: Verified. At the addendum jobsite inspection I observed for an area of tiles on the West side of the roofing system where the vertical lines of the tiles, from the ridge down to the eave, are not reasonably straight.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

-Respondent is to remedy all areas of roofing system where this condition is present. Reference AJSI pic(s): 2 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 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complainant: Iftequar Siddiqui 7460 e knollwood dr tucson, AZ 85750

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: BMR Roofing LLC DBA: 7739 E Broadway Blvd # 253 Tucson, AZ 85710

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.: 2023-03912 Investigator: Arlo Houston Inspection Date: June 26, 2023 Inspection Time: 2:00 PM

Compliance Jobsite General Notes: I arrived at the complainant’s residence at 2:00 pm. Present was the Complainant and the Respondent.

I advised the complainant that I was performing a Compliance Jobsite Inspection to verify the status of the item in question on the Written Directive.

Pictures taken with Registrar of Contractors agency issued camera - Canon PowerShot ELPH180. Audio recorded with Registrar of Contractors agency issued digital audio recorder - Olympus Digital Voice Recorder DS-30.

Compliance Findings: I proceeded to inspect the item(s) on the Written Directive and I found the following:

Compliance Item: 7 - "Missing tiles on south side of roof structure" Investigator’s Observation: Work completed for this item.

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,

Arlo Houston Arlo Houston, Investigator #185 520 6286895 [email redacted] 1700 W Washington St., Ste 105 Phoenix, Arizona 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 CC: Respondent Attorney

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 Attorney: Corey Larson, Esq. 5210 E Williams Cir Ste 800 Tucson, AZ 85711

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complaint #2023-03912 P 1 AJSI Date: 6/26/2023 at 2:15PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750 Complaint #2023-03912 P 2 AJSI Date: 6/26/2023 at 2:15PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750

View of West side of roofing system: area of tiles on the West side of the roofing system where the vertical lines of the tiles, from the ridge down to the eave, are not reasonably straight Complaint #2023-03912 P 3 AJSI Date: 6/26/2023 at 2:15PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750

View of drone image: area of roof behind chimney: No documentation or evidence submitted by the complainant that saddle flashing or a cricket was to be installed in this area by the respondent. Complaint #2023-03912 P 4 AJSI Date: 6/26/2023 at 2:15PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750

View of drone image: area of roof behind chimney: No documentation or evidence submitted by the complainant that saddle flashing or a cricket was to be installed in this area by the respondent. Complaint #2023-03912 P 1 CJSI Date: 6/26/2023 at 2:00PM CJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750 Complaint #2023-03912 P 2 CJSI Date: 6/26/2023 at 2:00PM CJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750

View of South side of house: area of completed work Complainant: Iftequar Siddiqui 7460 e knollwood dr tucson, AZ 85750

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 June 28, 2023

License No. ROC 315752

Re:Complaint No. 2023-03912

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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).

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

Compliance Item: 3 - "inappropriate size nails used and are penetrating through wood beam;" Investigator’s Observation: Unverified.

Compliance Item: 10 - "the home has developed a leak on the 2nd floor bathroom with yesterday's storm." Investigator’s Observation: Unverified. Upon inspection at the AJSI on 7/18/2023 at 4:00 PM I did not observe for an active water leak in this area or see any signs of recent water intrusion, e.g. areas of wetness, damp drywall, wet bubbled paint, or areas that were relatively cooler to the touch.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The complainant said that they did not observe for an active water leak in this area during the previous day's rainstorm. The complainant then utilized a pinless moisture meter at the time of the AJSI and the meter indicated for measurements ranging from 0 at the area of the alleged water leak to 31.9 in an area adjacent to the alleged water leak that did not show any signs of moisture intrusion, e.g. areas of wetness, damp drywall, wet bubbled paint, or areas that were relatively cooler to the touch. I am unable to determine if there is an active water leak in the area alleged by the complainant based on visual inspection of the area or based on the complainant's use of their pinless moisture meter. Governing Rule: N/A

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

Sincerely,

Arlo Houston Arlo Houston, Investigator #185 520 6286895 [email redacted] 1700 W Washington St., Ste 105 Phoenix, Arizona 85007

CC: Respondent Attorney

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Jobsite Inspection Notes

Case No.: 2023-03912 Investigator: Arlo Houston Inspection Date: July 18, 2023 Inspection Time: 4:00 PM

Complainant: Iftequar Siddiqui Respondent: BMR Roofing LLC Not Present: Not Present:

Jobsite General Notes: Arrived at Complainant’s jobsite location at 4:00 PM. Pictures taken with Registrar of Contractors agency issued camera - Canon PowerShot ELPH180. Audio recorded with Registrar of Contractors agency issued digital audio recorder - Olympus Digital Voice Recorder DS-30. Complainant, Iftequar Siddiqui, present. Respondent, Shemilee Aguilar, present.

Complaint Item: 10 - "the home has developed a leak on the 2nd floor bathroom with yesterday's storm." Investigator’s Observation: Unverified. Upon inspection at the AJSI on 7/18/2023 at 4:00 PM I did not observe for an active water leak in this area or see any signs of recent water intrusion, e.g. areas of wetness, damp drywall, wet bubbled paint, or areas that were relatively cooler to the touch. The complainant said that they did not observe for an active water leak in this area during the previous day's rainstorm. The complainant then utilized a pinless moisture meter at the time of the AJSI and the meter indicated for measurements ranging from 0 at the area of the alleged water leak to 31.9 in an area adjacent to the alleged water leak that did not show any signs of moisture intrusion, e.g. areas of wetness, damp drywall, wet bubbled paint, or areas that were relatively cooler to the touch. I am unable to determine if there is an active water leak in the area alleged by the

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

complainant based on visual inspection of the area or based on the complainant's use of their pinless moisture meter. Reference JSI pic(s): 2-12 Governing Rule: N/A

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complaint #2023-03912 P 1 AJSI Date: 7/18/2023 at 4:00PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750 Complaint #2023-03912 P 2 AJSI Date: 7/18/2023 at 4:00PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750 Complaint #2023-03912 P 3 AJSI Date: 7/18/2023 at 4:00PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750 Complaint #2023-03912 P 4 AJSI Date: 7/18/2023 at 4:00PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750 Complaint #2023-03912 P 5 AJSI Date: 7/18/2023 at 4:00PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750 Complaint #2023-03912 P 6 AJSI Date: 7/18/2023 at 4:00PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750 Complaint #2023-03912 P 7 AJSI Date: 7/18/2023 at 4:00PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750 Complaint #2023-03912 P 8 AJSI Date: 7/18/2023 at 4:00PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750 Complaint #2023-03912 P 9 AJSI Date: 7/18/2023 at 4:00PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750 Complaint #2023-03912 P 10 AJSI Date: 7/18/2023 at 4:00PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750 Complaint #2023-03912 P 11 AJSI Date: 7/18/2023 at 4:00PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750 Complaint #2023-03912 P 12 AJSI Date: 7/18/2023 at 4:00PM AJSI address: 7460 E Knollwood Dr, Tucson, AZ JSI PHOTOS 85750 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Iftequar Siddiqui, Case No. 2023-03912 COMPLAINANT, v. BMR Roofing LLC CITATION License No. ROC 315752, RESPONDENT.

The Registrar issues this Citation to BMR Roofing LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 9, 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 April 3, 2023, Iftequar Siddiqui (“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 6

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. 2023-03912. 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 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. of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 9, 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 informal settlement conference, the Registrar must hold a conference within 15 days after of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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.

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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 July 25, 2023. By: /s/ Erin Johnson Erin Johnson Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 25, 2023 to: Respondent Certified Mail No: [number redacted] BMR Roofing LLC 7739 E. Broadway Blvd. # 253 Tucson, AZ 85710

Copy mailed by USPS First Class mail this same date to: BMR Roofing LLC 7739 E Broadway Blvd # 253 Tucson, AZ 85710 Respondent’s Attorney Corey Larson, Esq. 5210 E. Williams Cir. Ste. 800 Tucson, AZ 85711 Complainant Iftequar Siddiqui 7460 E. Knollwood Dr. Tucson, AZ 85750

Complainant’s Attorney David Ruiz Esq. 333 North Wilmot Road, Suite 300 Tucson, AZ 85711

Copy sent electronically this same date to: Respondent at email address on record with the Registrar of 6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar Case No. 2023-03912 / EJ

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Iftequar Ahmed Siddiqui Mailing Address (Enter jobsite in Contract/Project section) City State Zip

7460 e knollwood dr tucson Arizona 85750 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Arizona Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

BMR Roofing LLC ROC 315752 Street Address City State Zip

Phone Number Email

Name of Person(s) Representing License

Shemielee Sinclair Aguilar;Brandon Reddis Contract/Project Information Contract Date Contract Amount Amount Paid

August 1, 2021 $35,000.00 $35,000.00 Date Work Started Date Work Stopped Date Work Was Completed

May 1, 2021 August 31, 2021 August 31, 2021 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

7460 e knollwood dr tucson AZ 85750 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Poor Work I have contacted the contractor by Phone/Text;Email;Letter Have you filed a complaint in court? No Has any work been corrected? No

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

The contract was Written All change orders were N/A This project was Residential This project involved Other Complete roof replacement with underlayment and components of roof A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Improper installation of flashing over garage west valley; improper installation of clay tile - not extending 3 inches beyond eaves; inappropriate size nails used and are penetrating through wood beam; improper installation of flashing - blocked with mortar in many places; failure to install saddle flashing/cricket behind chimney; failure to install counterflashing where tile meets sidewall of home; Missing tiles on south side of roof structure

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Iftequar Ahmed Siddiqui \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 ESTIMATE Rick Snow 7460 E. Knollwood Dr. Tucson , Arizona 85750

BMR ROOFING LLC 7739 E Broadway BLVD Estimate # 000142 Tucson, AZ 85710 Date 02/24/2022 Phone: (520) 664-7417 Email: [email redacted] Web: BMRROOFING.COM

Description

BMR roofing LLC ROC# 315752 To whom it may concern, BMR roofing LLC completed Mr. snows project in August 2021. The entire roof underlayment was replaced. The roof is guaranteed by us for 10 years against leaks.

Subtotal $35,000.00 Total $35,000.00

By signing this document, the customer agrees to the services and conditions outlined in this document.

Rick Snow

Received 08/09/2023 Corey B. Larson ROC Legal PCC#66111; SB #022549 [email redacted] LAW OFFICES WATERFALL, ECONOMIDIS, CALDWELL HANSHAW & VILLAMANA, P.C. Williams Center, Suite 800 5210 E. Williams Circle Tucson, AZ 85711 (520) 790-5828

Attorneys for Respondent

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

IFTEQUAR SIDDIQUI, Case No.: 2023-03912 Complainant, WRITTEN ANSWER OF RESPONDENT vs. BMR ROOFING LLC License No. ROC 315752, Respondent.

Respondent BMR ROOFING LLC, by and through counsel undersigned, hereby submits its written response to the Citation dated July 25, 2023, requiring a response by this date. Respondent answers the Citation to deny the allegations set forth in the Citation. More specifically, Respondent asserts that there has been a denial of access by Complainant such that Respondent was unable to undertake the repairs to address the associated June 28, 2023, Written Directive, such denial of access was admitted by Complainant’s counsel and Respondent was directed not to undertake repairs. The statement stated, in relevant part: /// /// /// Received 08/09/2023 ROC Legal

I understand that your client is attempting to contact my client in order to arrange a visit to the home regarding the crooked roof tiles. My client is unable to accommodate any repair visits to the home at this time. My client also is aware that in its June 28, 2023 Amended Written Directive, the Registrar ordered your client to remedy the violation by July 18, 2023. For that reason my client will agree to extend your client’s compliance deadline. Please give me a call so we can discuss what that new compliance deadline should be and notify the Registrar of Contractors. Inspector Houston, however, denied any extension by email dated Friday, July 14, 2023, at 3:39PM, warned of the potential that this could be deemed denial of access, and stated “I would encourage you to advise the complainant to allow for work to be conducted prior to the WATERFALL ECONOMIDIS CALDWELL HANSHAW & VILLAMANA, P.C.

due date of the currently issued written directive.” Despite such clear instruction, Complainant continued to refuse access and stated that Respondent did not have permission to undertake the 5210 E. Williams Circle, Suite 800

repairs of “crooked tile” as set forth in the June 28, 2023, Written Directive. Tucson, AZ 85711

A clearer case of denial of access is difficult to imagine than where efforts to schedule a (520)790-5828

repair are admittedly made, Complainant’s counsel unequivocally states that Respondent is not permitted to undertake repairs, the Inspector specifically warns Complainant to make the premises available to avoid an assertion of denial of access, but Complainant refuses to make the premises available. Aside from the denial of access, Respondent denies the allegations in the June 28, 2023, Written Directive. DATED this 9th day of August, 2023. WATERFALL, ECONOMIDIS, CALDWELL, HANSHAW & VILLAMANA, P.C.

By /s/ Corey B. Larson Corey B. Larson Attorneys for Respondent /// ///

Received 08/09/2023 ROC Legal

Original electronically filed and copy e-mailed This 9th day of August, 2023. to:

Arizona Registrar of Contractors [email redacted] [email redacted] David Ruiz Munger, Chadwick & Denker, PLC 333 N. Wilmot, Suite 300 Tucson, Arizona 85711 [email redacted] Complainant WATERFALL ECONOMIDIS CALDWELL HANSHAW & VILLAMANA, P.C.

Arlo Houston, Investigator #185 Arizona Registrar of Contractors 1700 W. Washington St., Ste. 105 Phoenix, AZ 85007 5210 E. Williams Circle, Suite 800

[email redacted] Tucson, AZ 85711 (520)790-5828

4883-3352-9462, v. 1

Received 8/10/23, 7:56 AM State of Arizona Mail - Case No. 2023-03912/Siddiqui v BMR Roofing 08/09/2023 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2023-03912/Siddiqui v BMR Roofing message

Kathy Abel <[email redacted]> Wed, Aug 9, 2023 at 3:07 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: "Corey B. Larson" <[email redacted]>, "[email redacted]" <[email redacted]>

Please see attached Answer being submitted on behalf of Respondent BMR Roofing LLC, a hard copy of which will not be mailed.

Kathy O. Abel Legal Assistant to Corey B. Larson WATERFALL, ECONOMIDIS, CALDWELL, HANSHAW & VILLAMANA, P.C. 5210 E. Williams Circle, Suite 800 Tucson, AZ 85711 [email redacted] Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C. is a full-service law firm providing quality legal services in Southern Arizona since 1969. We know Tucson. We are Tucson.℠

An Independent Member of MERITAS® LAW FIRMS WORLDWIDE with

affiliated offices in more than 250 cities and 65 foreign countries.

This e-mail contains legally privileged and confidential information intended only for the individual or entity named within the message. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited. If this communication was received in error, please notify us by reply e-mail and delete the original message.

2023.08.09 Written Answer in 03912.pdf 187K

https://mail.google.com/mail/b/AEoRXRT4fphOacrj17zCNH6LAHMuneMN5DExGqPl_ejhDL_yrb-g/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3