2023A-04340-CHC-ROC Notice of Hearing and Packet MAILED

2023A-04340-CHC-ROC · Registrar of Contractors · 2023-11-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kevin Cooke , Case No. 2023-04340 COMPLAINANT, Docket No. 2023A-04340-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Driller Custom Homes Inc License No. ROC 209954,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: January 4, 2024 9:00 AM Amy Haley 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 November 2, 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 November 20, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail November 20, 2023 to:

Respondent(s) Driller Custom Homes Inc 8498 E Twisted Leaf Dr Gold Canyon, AZ 85118 Andrew J. Wenker, Esq. 6730 N. Scottsdale Road, Suite 101 Scottsdale, AZ 85253

Complainant(s) Kevin Cooke 22913 E Marsh rd Queen Creek, AZ 85142

Mark W. Horne, Esq. 4105 N 20th St Unit 220 Phoenix, AZ 85016

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. 2023-04340 /

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: Kevin Cooke 22913 E Marsh Rd Queen Creek, AZ 85142

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: Driller Custom Homes Inc 8498 E Twisted Leaf Dr Gold Canyon, AZ 85118

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

April 13, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-04340

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for May 2, 2023 at 11:15 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, Robert Di Alto Robert Di Alto, Investigator (602) 771-6758 [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 Complaint #2023-04806 P 1 JSI Date 5/22/2023 at 1:00 PM JSI PHOTOS Complaint #2023-04806 P 2 JSI Date 5/22/2023 at 1:00 PM JSI PHOTOS Complaint #2023-04806 P 3 JSI Date 5/22/2023 at 1:00 PM JSI PHOTOS Complaint #2023-04806 P 4 JSI Date 5/22/2023 at 1:00 PM JSI PHOTOS Complaint #2023-04806 P 5 JSI Date 5/22/2023 at 1:00 PM JSI PHOTOS Complaint #2023-04806 P 6 JSI Date 5/22/2023 at 1:00 PM JSI PHOTOS Complaint #2023-04806 P 7 JSI Date 5/22/2023 at 1:00 PM JSI PHOTOS Complaint #2023-04806 P 8 JSI Date 5/22/2023 at 1:00 PM JSI PHOTOS Complaint #2023-04806 P 9 JSI Date 5/22/2023 at 1:00 PM JSI PHOTOS Complaint #2023-04806 P 10 JSI Date 5/22/2023 at 1:00 PM JSI PHOTOS Complaint #2023-04806 P 11 JSI Date 5/22/2023 at 1:00 PM JSI PHOTOS Complaint #2023-04806 P 12 JSI Date 5/22/2023 at 1:00 PM JSI PHOTOS Complaint #2023-04806 P 13 JSI Date 5/22/2023 at 1:00 PM 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Jobsite Inspection Notes

Case No.: 2023-04340 Investigator: Robert Di Alto Inspection Date: May 2, 2023 Inspection Time: 11:15 AM

Complainant: Kevin Cooke Respondent: Driller Custom Not Present: Homes Inc Not Present:

Jobsite General Notes:

JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. JSI photos and audio have been placed into the ROC complaint file.

Compliance Item: 1- Floor tile was improperly installed by an unlicensed subcontractor under the direction of the general contractor. A licensed tile contractor was contacted to assess the workmanship and submitted a bid to the builder for complete replacement. It was not recommended to attempt to fix the work. Contractor refused to use the licensed contractor, did not offer a second licensed contractor, and is insisting on bringing in the original unlicensed contractor to fix, rather than replace, the floor. Bathroom wall tile was also installed by the same unlicensed contractor and the workmanship is not acceptable and poses safety issues. Investigator’s Observation: Verified. The majority of the floor tiles installed and grouted are 12” in width and 48” in length, and are rectified, per the manufacturer’s specifications. I observed several rooms where porcelain floor tile is installed in a running bond pattern. The rooms include: Kitchen, Formal Dining Room, Entry Way, Breakfast Nook, Great Room, Living Room, Wet Bar, Owners Suite, His and Her Water Closets, Bathrooms, Powder Room, Guest Bedrooms 1 and 2, and hallways. The tiles in the media room are large format and approximately 30” x 30” and are installed in a running bond pattern.

I verified tile lippage in the locations identified above, both visually and with my steel notched lippage tool. I also found several areas that caught my shoes during the jobsite inspection and I also identified areas where tile edges were chipped. Lippage was excessive and varied by location and exceeded 1/32”. I also observed that the majority of floor tiles installed in the locations identified above are not installed per 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

manufacturer’s suggested installation tips (uploaded to the case file 05/17/2023) and the American National Standards Institute. Tile surface should be straight and reasonably flat, allowing for individual characteristics of the tile. Nominal centerlines of all joints should be straight and even width, with due allowances for hand molded or rustic tiles.

• ANSI A108.02-2013, Section 4.3.8.2., States: Tiles being installed in a running bond where the side being offset is longer than 457 mm (18 in.), the running bond offset cannot exceed 33 percent of the tile length, unless otherwise specified by the manufacturer.

The Respondent acknowledged lippage issues and stated that the installer he hired was unlicensed and that they did not use a tile leveling system during installation. There are several areas that exhibit grout joint width variation throughout the residence.

I also saw that the base molding appears to be in the process of installation but is incomplete, and that there are grout joints that appear larger than ¾”-1 ¼” particularly in the Media Room and in the Hallways. There are full and uncut tiles in these locations that are short of the finished walls on one side and it appears that the base board (5/8”) when installed, will not allow for consistent grout joint width, when installed.

I observed areas in the owner’s suite bathroom shower walls where tile is missing, and a hump is visible in the wall tile possibly due to the framing or the substrate. The glass tiles installed at the shower wall entrance outside corners is uneven and grout line variation is visible in both the owner’s suite bathroom, and the guest bathroom.

• ANSI A108.02-2013 Section 4.1.4.3.1 (“Horizontal Subfloor Surfaces”) and .2 (“Vertical Surfaces”), the substrate needs to be prepared before the tile installation such that the maximum allowable variation from the required plane for tiles with all edges shorter than 380 mm (15 in.) is no more than 6 mm in 3 m (1⁄4 in. in ft), and no more than 1.6 mm in 0.3 m (1⁄16 in. in 1 ft). The Respondent shall correct by the appropriate means.

The tile cuts at the arched openings appear rough and jagged and the grout joints and the finish cuts do not follow the concave shape of the arch and exhibit both an increase and decrease at areas as they follow the arch shape. The Respondent will need to correct the above described complaint items by the appropriate means, using an appropriately licensed contractor to address all lippage, chipped tiles, and grout joints that do not meet industry standards. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), R4-9-108 B: A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Complaint Item: 2- General contractor has been aware since the beginning of the project that the community Home Owner's Association forbids unlicensed work to be performed. Investigator’s Observation: The ROC has no jurisdictional authority over Home Owners Association requirements. Governing Rule: N/A

Complaint Item: 3- The floor tile project was started on or about January 15, 2023, and the floor is still not complete as of April 11, 2023. That is an unreasonable amount of time to complete the work and has caused delays to the overall timeline, estimated in the original contract at 12 months. Investigator’s Observation: The ROC does not require the project to be completed by the completion date, and only requires an estimated completion date be listed in the contract. However, if a completion date is listed in the contract, this could be a breach of contract violation, which could be pursued in a civil venue. Governing Rule: N/A

Compliance Item: 4-Damage to the entry door caused by failure to maintain a protected work environment for subcontractors or workers. Iron door was not protected as agreed by the general contractor and the homeowner as stone and concrete work was being performed in and around the entry. Investigator’s Observation: I observed some abrasions and light scratches at the entry door. Respondent stated that he would touch up the door upon completion. The entry door is a finish item and efforts/provisions should be made to protect finished items if construction is out of sequence or may affect finished products due to proximity of work. This would be considered not showing diligence in workmanship. Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), R4-9-108 B: A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Kevin Cooke 22913 E Marsh Rd Queen Creek, AZ 85142

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: Driller Custom Homes Inc 8498 E Twisted Leaf Dr Gold Canyon, AZ 85118

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

October 5th, 2023

License No. ROC 209954

Re:Complaint No. 2023-04340

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 10/23/2023.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Compliance Item: 1- Floor tile was improperly installed by an unlicensed subcontractor under the direction of the general contractor. A licensed tile contractor was contacted to assess the workmanship and submitted a bid to the builder for complete replacement. It was not recommended to attempt to fix the work. Contractor refused to use the licensed contractor, did not offer a second licensed contractor, and is insisting on bringing in the original unlicensed contractor to fix, rather than replace, the floor. Bathroom wall tile was also installed by the same unlicensed contractor and the workmanship is not acceptable and poses safety issues. Investigator’s Observation: Verified. The majority of the floor tiles installed and grouted are 12” in width and 48” in length, and are rectified, per the manufacturer’s specifications. I observed several rooms where porcelain floor tile is installed in a 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

running bond pattern. The rooms include: Kitchen, Formal Dining Room, Entry Way, Breakfast Nook, Great Room, Living Room, Wet Bar, Owners Suite, His and Her Water Closets, Bathrooms, Powder Room, Guest Bedrooms 1 and 2, and hallways. The tiles in the media room are large format and approximately 30” x 30” and are installed in a running bond pattern.

I verified tile lippage in the locations identified above, both visually and with my steel notched lippage tool. I also found several areas that caught my shoes during the jobsite inspection and I also identified areas where tile edges were chipped. Lippage was excessive and varied by location and exceeded 1/32”. I also observed that the majority of floor tiles installed in the locations identified above are not installed per the manufacturer’s suggested installation tips (uploaded to the case file 05/17/2023) and the American National Standards Institute. Tile surface should be straight and reasonably flat, allowing for individual characteristics of the tile. Nominal centerlines of all joints should be straight and even width, with due allowances for hand molded or rustic tiles.

I also observed that the base molding appears to be in the process of installation but is incomplete, and that there are grout joints that appear larger than ¾”-1 ¼” particularly in the Media Room and in the Hallways. There are full and uncut tiles in these locations that are short of the finished walls on one side and it appears that the base board (5/8”) when installed, will not allow for consistent grout joint width. installed.

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

shorter than 380 mm (15 in.) is no more than 6 mm in 3 m (1⁄4 in. in ft), and no more than 1.6 mm in 0.3 m (1⁄16 in. in 1 ft). The Respondent shall correct by the appropriate means.

The tile cuts at the arched openings appear rough and jagged and the grout joints and the finish cuts do not follow the concave shape of the arch and exhibit both an increase and decrease at areas as they follow the arch shape. The Respondent will need to correct the above described complaint items by the appropriate means, using an appropriately licensed contractor to address all tiles exhibiting excess lippage, chipped tiles, and grout joints that do not meet industry standards. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), R4-9-108 B: A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

Complaint Item: 2- General contractor has been aware since the beginning of the project that the community Home Owner's Association forbids unlicensed work to be

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

performed. Investigator’s Observation: The ROC has no jurisdictional authority over Home Owners Association requirements. Governing Rule: N/A

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

Sincerely,

Robert Di Alto Robert Di Alto Investigator #228 602 7716758 [email redacted] 1700 W Washington St, Suite 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 Complainant: Kevin Cooke 22913 E Marsh Rd Queen Creek, AZ 85142

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: Driller Custom Homes Inc 8498 E Twisted Leaf Dr Gold Canyon, AZ 85118

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 October 5, 2023

License No. ROC 209954

Re:Complaint No. 2023-04340

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR (DUE DATE ONLY)

Dear Respondent:

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:

Compliance Item: 1- Floor tile was improperly installed by an unlicensed subcontractor under the direction of the general contractor. A licensed tile contractor was contacted to assess the workmanship and submitted a bid to the builder for complete replacement. It was not recommended to attempt to fix the work. Contractor refused to use the licensed contractor, did not offer a second licensed contractor, and is insisting on bringing in the original unlicensed contractor to fix, rather than replace, the floor. Bathroom wall tile was also installed by the same unlicensed contractor and the workmanship is not acceptable and poses safety issues. Investigator’s Observation: Verified. The majority of the floor tiles installed and 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 grouted are 12” in width and 48” in length, and are rectified, per the manufacturer’s Specifications. I observed several rooms where porcelain tile is installed in a running bond pattern. The rooms include: Kitchen, formal dining room, entry way, breakfast nook, great room, living room, wet bar, owner’s suite, his and hers water closets, bathrooms, powder room, guest bedrooms 1 & 2, and hallways. The tiles in the media room are 30” x 30” and are installed in a running bond pattern.

I also observed that the majority of floor tiles installed in the locations identified above are not installed per the manufacturer’s suggested installation tips (uploaded to the case file 05/17/2023), and the American National Standards Institute. Tile surface should be straight and reasonably flat, allowing for individual characteristics of the tile. Nominal centerlines of all joints should be straight and even width, with due allowances for hand molded or rustic tiles.

There are also several areas that exhibit grout joint width variation throughout the residence, and the base molding appears to be in the process of installation but is incomplete, and that there are grout joints that appear larger than ¾”-1 ¼” particularly in the Media Room and in the Hallways. There are full and uncut tiles in these locations that are short of the finished walls on one side and it appears that the base board (5/8”) when installed, will not allow for consistent grout joint width.

I observed areas at the owner’s suite bathroom shower walls where tile is missing, and a hump is visible in the wall tile, possibly due to the framing or the substrate materials. The glass tiles installed at the shower wall entrance outside corners is uneven and grout line variation is visible in both the owner’s suite bathroom, and the guest bathroom.

ANSI A108.02-2013 Section 4.1.4.3.1 (“Horizontal Subfloor Surfaces”) and .2 (“Vertical Surfaces”), the substrate needs to be prepared before the tile installation such that the maximum allowable variation from the required plane for tiles with all edges shorter than 380 mm (15 in.) is no more than 6 mm in 3 m (1⁄4 in. in 10 ft), and no more than 1.6 mm in 0.3 m (1⁄16 in. in 1 ft.). The Respondent shall correct by the appropriate means.

The tile cuts at the arched openings appear rough and jagged and the grout joints

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 and the finish cuts do not follow the concave shape of the arch and exhibit both an increase and decrease at areas as they follow the arch shape. The Respondent will need to correct the above described complaint items by the appropriate means, using an appropriately licensed contractor to address all tiles exhibiting excess lippage, chipped tiles, and grout joints that do not meet professional industry standards. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Complaint Item: 3-The floor tile project was started on or about January 15, 2023, and the floor is still not complete as of April 11, 2023. This is an unreasonable amount of time to complete the work and has caused delays to the overall timeline, estimated in the original contract at 12 months. Investigator’s Observation: The Registrar only requires an estimated completion date be included in the contract. 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 Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 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 Complainant: Kevin Cooke 22913 E Marsh rd Queen Creek, AZ 85142

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: Driller Custom Homes Inc 8498 E Twisted Leaf Dr Gold Canyon, AZ 85118

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 October 23, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-04340

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for October 23, 2023 at 1:15 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,

Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 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: Kevin Cooke 22913 E Marsh Rd Queen Creek, AZ 85142

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: Driller Custom Homes Inc 8498 E Twisted Leaf Dr Gold Canyon, AZ 85118

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.: 2023-04340 Investigator: Robert Di Alto Inspection Date: October 24, 2023 Inspection Time: 1:15 PM

Compliance Jobsite General Notes: CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Olympus Digital Voice Recorder model DM-720. CJSI photos and audio have been placed into the ROC complaint file. Investigator returned Respondent’s call after re-opening complaint, and emailing all parties a copy of the amended written directive due date. Respondent stated that he would not be returning to the jobsite or performing any work at the Complainant’s residence and that he had not been paid. I explained I would be referring complaint to our legal department and state he understood and to do what I needed to do.

Compliance Findings:

Complaint Item: 1-Floor tile was improperly installed by an unlicensed Subcontractor under the direction of the general contractor. A licensed tile contractor was contacted to assess the workmanship and submitted a bid to the builder for complete replacement. It was not recommended to attempt to fix the work. Contractor refused to use the licensed contractor, did not offer a second licensed contractor, and is insisting on bringing in the original unlicensed contractor to fix, rather than replace, the floor. Bathroom wall tile was also installed by the same unlicensed contractor and the workmanship is not acceptable and poses safety issues. Investigator’s Observation: The existing conditions at the time of this compliance inspection are as described in the Written Directive issued on October 5th, 2023 and no improvement was identified at the time of inspection. The Complainant stated that the Respondent had personally made a few attempts to address some tile lippage issues, prior to re-opening the complaint and issuance of the written directive, but then stopped and never returned to perform work as per the written directive. Compliance Findings: No corrective work performed to address this complaint item. NOT CORRECTED

Complaint Item: Investigator’s Observation: The existing conditions are as described in the Written Directive issued on October 5th, 2023 and no improvement was identified at the time of inspection. It did not appear that the entry door complaint item of abrasions/scratches had been addressed at the time of this compliance inspection. Compliance findings: No corrective work performed to address this complaint item. NOT CORRECTED

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

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

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

Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 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 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 #2023-04304 P 1 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 2 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 3 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 4 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 5 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 6 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 7 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 8 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 9 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 10 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 11 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 12 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 13 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 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10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 85 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 86 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS Complaint #2023-04304 P 87 CJSI date 10/24/2023 at 1:15 PM CJSI PHOTOS REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kevin Cooke Case No. 2023-04340 COMPLAINANT, v. Driller Custom Homes Inc CITATION License No. ROC 209954,

RESPONDENT.

The Registrar issues this Citation to Driller Custom Homes Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 17, 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 12, 2023, Kevin Cooke (“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 ꞏ Phoenix AZ 85007-2812

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ 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. 2023-04340. 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 ꞏ Phoenix AZ 85007-2812

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ 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 November 17, 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

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602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ 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

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602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Dated November 2, 2023. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, November 2, 2023 to:

Respondent Certified Mail No: [number redacted]

Driller Custom Homes Inc 8498 E Twisted Leaf Dr Gold Canyon, AZ 85118 Copy mailed by USPS First Class mail this same date to: Driller Custom Homes Inc 8498 E Twisted Leaf Dr Gold Canyon, AZ 85118 Complainant Kevin Cooke 22913 E Marsh rd Queen Creek, AZ 85142 Mark W. Horne, Esq. 4105 N 20th St Unit 220 Phoenix, AZ 85016

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar

Case No. 2023-04340 / <<CreatedBy_DW> of 5

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 11/6/23, 8:43 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-04340

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case No. 2023-04340 message

Diane Couchee <[email redacted]> Sun, Nov 5, 2023 at 5:08 PM To: [email redacted]

Written Answer to Citation and Complaint Case No. 2023-04340

All necessary work was completed by Respondent to obtain the Certificate of Occupancy on 7/26/2023 for the property located at 2799 S. Petroglyph Trail Gold Canyon, AZ 85118.

Proactive steps were taken by the Respondent to correct and resolve the issues described in the complaint case as all issues were recognized and addressed. The proposed solutions to the Complainant minimized any disruption and delay, however, Complainant escalated the issues and was not communicating effectively which prevented final resolution and caused additional delay.

In conclusion, final work and punch list items were terminated due to non payment from the Complainant of work completed. It's crucial to receive rightful payment for work completed and services provided. Respondent's professional conduct, including the ability to address issues promptly and efficiently shows the commitment to deliver quality work. Therefore, Respondent is showing cause that the Respondent's license should not be suspended or revoked.

Kent Couchee Driller Custom Homes, Inc. 480-250-2591

https://mail.google.com/mail/b/AEoRXRS8OeQeoQLHyHA9yfqhtayIH986AqNtQWl9g-3DP7pk6fTM/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 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