2023A-05062-CHC-ROC Notice of Hearing and Packet MAILED
2023A-05062-CHC-ROC · Registrar of Contractors · 2024-01-08
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Aimee Goldstein , Case No. 2023-05062 COMPLAINANT, Docket No. 2023A-05062-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Imagine Interiors Inc License No. ROC 278020,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
February 23, 2024 9:00 AM Adam Stone Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative
law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be
prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised
Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.
PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the
complaint and citation, which were served on the Respondent on December 15, 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/forms/RC-L-800A%20-
%20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
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 January 9, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 9, 2024 to: Respondent(s) Imagine Interiors Inc 1407 West Briles Rd. Phoenix, AZ 85085
Erika L. Johnsen, Esq. 6730 N Scottsdale Rd Ste 101 Scottsdale, AZ 85253
Complainant(s) Aimee Goldstein 10228 north 58th street Paradise Valley, AZ 85253
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
Case No. 2023-05062 /
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
Jobsite Inspection Notes
Case No.: 2023-05062 Investigator: Steve Klein Inspection Date: June 28, 2023 Inspection Time: 10:00 AM
Complainant: Aimee Goldstein Respondent: Imagine Interiors Inc
Jobsite General Notes:
Complaint #1 Pavers installed incorrectly, spots sinking, uneven surface, water pooling and flooding into garage and areas of new construction with heavy rain; areas of roof not tiled on new construction; Inspector’s Observation: Ponding or standing water on garages, patios, stoops, carports, walks and driveway surfaces. Water should drain. Standing water exceeding 3/32” of an inch should be corrected. Standing water exceeding 3/16 on the driveway should be corrected. Flood, wait 30 minutes and check for ponding. Joint widths between pavers in the field should not exceed 3/16 “of an inch (Tumbled pavers may have a gap appearing larger from the top. • Respondent shall correct by the appropriate means. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint #2 Paid for gas line, no gas line added to new construction; Inspector’s Observation: Parties agreed the gas line was not completed per the contact. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, local building codes and manufacturer’s installation instructions. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
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 #3 Water shed not appropriately facilitated leading to flooding around new construction. Inspector’s Observation: Ponding or standing water on garages, patios, stoops, carports, walks and driveway surfaces. Water should drain. Standing water exceeding 3/32” of an inch should be corrected. Standing water exceeding 3/16 on the driveway should be corrected. Flood, wait 30 minutes and check for ponding. • Respondent shall correct by the appropriate means. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Complaint #6 There is a broken tile on the north east side of the roof on the new addition, we would like it to be replaced. Inspector’s Observation: The tile that I observed is within ROC standards. Governing Rule: N/A
Complaint #7 While filing this complaint, we discovered that check #2776 for invoice #1810 was written on 7/16/2021 for $260.954.00. There was a bank error and the check cleared on 7/19/2021 into the account of Imagine Interiors for $261,954.00. This error is clearly visible on the check images from Bank of America provided in the complaint. We would like a refund of $1000.00. Inspector’s Observation: This agency does not have the authority to resolve a financial dispute. Governing Rule: N/A
Complaint #8 The job failed a final inspection in September 2022, we have paid all invoices for work to be completed, we believe at least some of the action items have been completed, and we do not yet have a Certificate of Occupancy for the new addition. Inspector’s Observation: Have the work inspected and approved by the proper governing authority. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
Received addendum 6-12-23
Complaint #9 I am noticing cracks in the floor of the new construction done by Imagine Interiors and this is raising concerns about the stability of the foundation. I'd like to add this concern to our list of complaints. Inspector’s Observation: Complainant points out a crack in the concrete in the interior of the home. • Cracks in excess of 3/32” of an inch in width or 1/8” vertical displacement should be corrected. • Respondent shall correct by the appropriate means. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.
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: Aimee Goldstein 10228 north 58th street Paradise Valley, AZ 85253
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: Imagine Interiors Inc 1407 West Briles Rd. Phoenix, AZ 85085
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 278020
Re:Complaint No. 2023-05062
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 July 28, 2023.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative 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:
Complaint #1 Pavers installed incorrectly, spots sinking, uneven surface, water pooling and flooding into garage and areas of new construction with heavy rain. Inspector’s Observation: Ponding or standing water on garages, patios, stoops, carports, walks and driveway surfaces. Water should drain. Standing water exceeding 3/32” of an inch should be corrected. Standing water exceeding 3/16 on the driveway should be corrected. Flood, wait 30 minutes and check for ponding. Joint widths between pavers in the field should not exceed 3/16 “of an inch (Tumbled pavers may have a gap appearing larger from the top.
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 Complaint #2 Paid for gas line, no gas line added to new construction; Inspector’s Observation: Parties agreed the gas line was not completed per the contact agreement. • Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders and local building codes.
Complaint #3 Water shed not appropriately facilitated leading to flooding around new construction. Inspector’s Observation: Ponding or standing water on garages, patios, stoops, carports, walks and driveway surfaces. Water should drain. Standing water exceeding 3/32” of an inch should be corrected. Standing water exceeding 3/16 on the driveway should be corrected. Flood, wait 30 minutes and check for ponding.
Complaint #8 The job failed a final inspection in September 2022, we have paid all invoices for work to be completed, we believe at least some of the action items have been completed, and we do not yet have a Certificate of Occupancy for the new addition. Inspector’s Observation: Have the work inspected and approved by the proper governing authority.
Complaint #9 I am noticing cracks in the floor of the new construction done by Imagine Interiors and this is raising concerns about the stability of the foundation. I'd like to add this concern to our list of complaints. Inspector’s Observation: Complainant points out a crack in the concrete in the interior of the home. • Cracks in excess of 3/32” of an inch in width or 1/8” vertical displacement should be corrected.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Complaint #6 There is a broken tile on the north east side of the roof on the new addition, we would like it to be replaced. Areas of roof not tiled on new construction; Inspector’s Observation: The roof issues that I observed are within ROC standards.
Complaint #7 While filing this complaint, we discovered that check #2776 for invoice #1810 was written on 7/16/2021 for $260.954.00. There was a bank error and the check cleared on 7/19/2021 into the account of Imagine Interiors for $261,954.00. This error is clearly visible on the check images from Bank of America provided in the complaint. We would like a refund of $1000.00. Inspector’s Observation: This agency does not have the authority to resolve a financial dispute.
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, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
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: Aimee Goldstein 10228 north 58th street Paradise Valley, AZ 85253
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: Imagine Interiors Inc 1407 West Briles Rd. Phoenix, AZ 85085
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 September 21, 2023
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-05062
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for October 12, 2023 at 2:30 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, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
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: Aimee Goldstein 10228 north 58th street Paradise Valley, AZ 85253
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Imagine Interiors Inc 1407 West Briles Rd. Phoenix, AZ 85085
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 September 22, 2023
Re: Complaint Number 2023-05062
Dear Complainant and Respondent:
Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for October 12, 2023 at 2:30 PM has been rescheduled for October 23, 2023 at 10:00 AM.
If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.
Complainant: Safe access is required to any area to be inspected.
Should you have any questions regarding the above, please contact me.
Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Complainant: Aimee Goldstein 10228 north 58th street Paradise Valley, AZ 85253
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Imagine Interiors Inc 1407 West Briles Rd. Phoenix, AZ 85085
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 October 24, 2023
Re: Complaint Number 2023-05062
Dear Complainant and Respondent:
Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for October 23, 2023 at 10:00 AM has been rescheduled for December 1, 2023 at 10:00 AM.
If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.
Complainant: Safe access is required to any area to be inspected.
Should you have any questions regarding the above, please contact me.
Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Complainant: Aimee Goldstein 10228 North 58th street Paradise Valley, AZ 85253
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: Imagine Interiors Inc 1407 West Briles Rd. Phoenix, AZ 85085
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Directive Compliance Inspection 12-1-23
Case No.: 2023-05062 Investigator: Steve Klein
Compliance Findings:
Complaint #1 Pavers installed incorrectly, spots sinking, uneven surface, water pooling and flooding into garage and areas of new construction with heavy rain. Inspector’s Observation: Ponding or standing water on garages, patios, stoops, carports, walks and driveway surfaces. Water should drain. Standing water exceeding 3/32” of an inch should be corrected. Standing water exceeding 3/16 on the driveway should be corrected. Flood, wait 30 minutes and check for ponding. Joint widths between pavers in the field should not exceed 3/16 “of an inch (Tumbled pavers may have a gap appearing larger from the top. • CJSI: I verified ponding on the NE side of the home and two areas that were pointed out where the gap in the paver joints exceeded 3/16” of an inch. There is an issue with some of the pavers being pre-existing, which I’m unable to verify.
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,
Sincerely, /s/ Steve Klein #174 Steve Klein #174, Investigator 1700 W. Washington St. Ste 105 Phoenix, AZ 85007-2812 Phone: (602) 689-4987 E-mail: [email redacted]
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Aimee Goldstein, Case No. 2023-05062 COMPLAINANT, v. Imagine Interiors Inc., CITATION License No. ROC 278020, RESPONDENT.
The Registrar issues this Citation to Imagine Interiors Inc., (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 30, 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 May 1, 2023, Aimee Goldstein, (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating:
Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A
contractor shall perform all work in a professional and workmanlike manner. of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F).
FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-05062. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than December 30, 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.
of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B).
RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(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 of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated December 15, 2023. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors
COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 15, 2023 to: Respondent Certified Mail No: [number redacted] Imagine Interiors Inc. 1407 W Briles Rd Phoenix, AZ 85085-1818
Copy mailed by USPS First Class mail this same date to: Respondent Imagine Interiors Inc. 1407 W Briles Rd Phoenix, AZ 85085-1818 Complainant Aimee Goldstein 10228 north 58th street Paradise Valley, AZ 85253 Copy sent electronically this same date to:
Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar
Case No. 2023-05062 of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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)
Aimee Goldstein Mailing Address (Enter jobsite in Contract/Project section) City State Zip
10228 north 58th street Paradise Valley Arizona 85253 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
Phone Number of Attorney Email of Attorney
Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
Imagine Interiors Inc ROC 278020 Street Address City State Zip
Phone Number Email
[number redacted] [email redacted] Name of Person(s) Representing License
Susan Nicholson Contract/Project Information Contract Date Contract Amount Amount Paid
July 17, 2021 $700,000.00 $700,000.00 Date Work Started Date Work Stopped Date Work Was Completed
July 30, 2021 May 1, 2023 May 1, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
10228 north 58th street Phoenix AZ 85253 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 Have you filed a complaint in court? No Has any work been corrected? Yes
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Imagine interiors The contract was Written All change orders were Written This project was Residential This project involved Other
A building permit was obtained by Contractor 21023414 Phoenix 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)
pavers installed incorrectly, spots sinking, uneven surface, water pooling and flooding into garage and areas of new construction with heavy rain; areas of roof not tiled on new construction; paid for gas line, no gas line added to new construction; water shed not appropriately facilitated leading to flooding around new construction
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
Aimee Goldstein \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 01201345ÿ7893ÿ ÿÿÿ ÿÿ8ÿÿ ÿ3 34 0 3
01232ÿ56278ÿ9:1232;<6278=>?@;AB;C?3D
E2 FÿG?HI6A781ÿ8JHK2>ÿLMLNOMPMQL 2ÿ!!# R7H22ÿS?6T:1278ÿU,"#,!3 23V#"$W X5ÿ Yÿ235ÿ3 34ÿÿ3893ÿZ [8ÿ *ÿ\ÿU!*"&V
quot;"#*W $8ÿ$ÿ,ÿ&ÿU2&],V#"$W ^ÿ "ÿ\5 _ÿ+ ,ÿ&ÿÿ,,ÿ ÿ+#ÿ!! !ÿÿ ÿ$8 2`ÿ[ ÿ!ÿÿ &ÿÿÿ ÿ ÿ!ÿ!,ÿÿ ÿÿÿ ÿ+ÿ,,5ÿ+ÿ+ ,ÿ&ÿÿÿ ÿ$," 3`ÿ_ ÿ#ÿ !ÿ$5ÿ+ÿ,!$*,ÿ ÿ$amp;ÿa3(( ÿÿ*$ÿa272 ÿ+!ÿ+ÿÿ(12 13 32ÿ b3 "-09" "ÿ[ ÿ+!ÿÿ &ÿÿ,ÿ ÿ$amp;ÿ$,ÿÿ(12-13 32ÿÿ ÿ$ ÿÿc#ÿc!ÿ b3 25-09" "ÿ[ !ÿÿ!ÿ$Yÿ*! ÿÿ ÿ$amp;ÿ#!ÿÿd&ÿÿ$ÿ*,,ÿÿ ÿ$"ÿ_ÿ+ , &ÿÿ ,ÿÿb2 " " 4`ÿ[ ÿ] ÿ,ÿÿÿ!$ÿÿ ÿ3 335ÿ+ÿ*ÿ,ÿÿ*$!ÿÿ+&ÿÿ ÿ$,5ÿ+ÿ *ÿ !ÿ!ÿÿ ÿ$ÿ!ÿ*ÿ ÿ$,5ÿ,ÿ+ÿ,ÿÿYÿ*ÿÿ$ÿÿe$ $Yÿÿ ÿ+ ,,"ÿ[ ÿ!ÿÿ$ÿ!ÿ*,,ÿÿ !ÿ Yÿ ÿZ^^ÿ^*ÿ*$!ÿ!ÿ $," [ &ÿY ÿÿY ÿ ÿÿ !ÿ 5 ÿf,! g+ÿ2 337ÿh ÿ07 ÿ ÿZ i5ÿjÿ70304 ÿf,!5ÿZ "^" k$!,ÿZ!Y$#! 22722ÿh ÿ[ ÿd*,5ÿ ÿ4 42 Z i5ÿjÿ70 37ÿ 97 3(73-04 eÿX5ÿ Yÿ235ÿ3 34ÿÿ2380 lZ ÿ *ÿ\ÿU!*"&Vquot;"#*Wÿ+8 g5 m ÿ$ÿÿ ÿ!! !ÿÿ" [ &ÿY 5 eÿX5ÿ Yÿ235ÿ3 34ÿÿ2 803l ÿÿf,!ÿU,"#,!3 23V#"$Wÿ+8 ^ÿ "ÿ\5 _ÿ ,!,ÿ ÿY ÿ*ÿ ÿ!!#,ÿ!ÿ ÿ*!#ÿÿ ÿ$!"ÿcÿÿÿ $ÿ $ !ÿ+ÿ,ÿÿ,,ÿ $ ÿÿ!ÿ!! !ÿÿ ÿ$"ÿ_ ,ÿY ÿ!ÿ,*!ÿÿÿ+ÿÿ$,ÿÿ$ÿÿ,,, % [ &ÿY ÿ*Yÿ $5 ÿf,!5ÿÿ+5ÿ2 337ÿh ÿ07 ÿ 5ÿZ i5ÿjÿ70304 ÿf,!5ÿZ "^" k$!,ÿZ!Y$#! 22722ÿh ÿ[ ÿd*,5ÿ ÿ4 42 Z i5ÿjÿ70 37ÿ 97 3(73-04!811"##"$11 1 1%&'0 (0$ 9)*+')!
#39;) ,' ,82( 0(22(33(72 7 23-.(!#82( 0(3 34 230 7(- )/ 213 01201345ÿ7893ÿ ÿÿÿ ÿÿ8ÿÿ ÿ3 34 0 30122ÿ4ÿ456789:;<9ÿ=;>ÿ=;?ÿ02@ÿ A7<?98BCÿDEÿF@221ÿ GHH8I?JÿK2LMK 6;?N?>OP?89QR<I>5S>:<N TÿU#1ÿVÿTÿWÿX# TÿY*!#ÿZ,#1ÿU&ÿÿY*!#!ÿ V ÿTÿ!ÿ+ÿÿ!$ÿ,[ÿ &ÿ! ÿÿ+ÿ !ÿ8 $ &ÿ9 +ÿ3 ÿ \8PPÿ<];ÿDEÿ^G_6̀ÿ6]RN?aÿ;<ÿP?;ÿ]6ÿO9<bÿ7<bÿb?R̀? c<89:ÿ59cÿ7<bÿb?ÿI59ÿd?;;?Rÿ6?RN?ÿa<]eÿ $,8# 4"f#g 2h2 - "24iZZ(
=IR??967<;ÿL2LjM2@M2Lÿ5;ÿ0>LK>22ÿAk>lm: 22 n
!811"##"$11 1 1%&'0 (0$ 9)*+')!
#39;) ,' ,82( 0(22(33(72 7 23-.(!#82( 0(3 34 230 7(- )/ 313 01231345ÿ789 ÿ ÿÿÿ ÿÿ8ÿ ÿ ÿ3 34 0301232ÿ56278ÿ9:1232;<6278=>?@;AB;C?3D
E2 FÿG?HI6A781ÿ8JHK2>ÿLMLNOMPMQL 2ÿ""$ R7H22ÿS?6T:1278ÿU-#$-"3 23V$#%W X! 5ÿY ÿ5ÿ3 34ÿÿ2382 ÿZ X8ÿ+ÿ[ÿU"+#'V%##$+W5ÿ%ÿ-ÿ'ÿU2'\-V$#%W ]ÿ #ÿ[5 ^ÿÿ%$ÿ%%'"ÿÿ!ÿÿÿ!ÿ,ÿ%" %ÿ-ÿ _ÿ^$ÿ^"ÿ-ÿ!"ÿ"ÿ"$ÿ%%"ÿ ÿ! " _ÿÿ!ÿ -#ÿ^-̀ÿ'ÿÿ--ÿ!"ÿ%%ÿÿ ÿ"ÿÿ% "# X!'ÿ_ 5ÿÿa-" ÿa-"5ÿZ!#]# b%"-ÿZ"_%!$" 22ÿc!ÿX ÿd+-5ÿ ÿ4 42 Z!e5ÿfÿ 3 ÿ 3) 37 4 gÿ 5ÿ _ÿ2 5ÿ3 34ÿÿ7829h ÿÿa-"ÿU-#$-"3 23V$#%Wÿ,8 X!'ÿ_ gÿ 5ÿ _ÿ2 5ÿ3 34ÿÿ2289ÿ ÿ+ÿ[ÿU"+#'V%##$+Wÿ,8 i5 ^ÿ%+-ÿ_ ÿÿ-ÿ,ÿ--ÿ!ÿ--- # X!'ÿ_ 5ÿ gÿj5ÿ _ÿ235ÿ3 34ÿÿ4823hZ ÿÿa-"ÿU-#$-"3 23V$#%Wÿ,8 $!ÿ%%ÿÿ"" ÿk28ÿ!ÿ 'ÿÿ"ÿÿ!ÿ" !ÿ"ÿ"-ÿÿ!ÿ--ÿlÿ!ÿ!ÿ"ÿ"-m# gÿj5ÿ _ÿ235ÿ3 34ÿÿ3893ÿZ ÿÿa-"ÿU-#$-"3 23V$#%Wÿ,8 ]ÿ #ÿ[5 nÿ, -ÿ'ÿÿ--ÿ!ÿ,$ÿ"" "ÿÿ ÿ% 8 2mÿX!ÿ"ÿÿ 'ÿÿÿ!ÿ!ÿ"ÿ"-ÿÿ!ÿÿÿ!ÿ,ÿ--5ÿ,ÿ, -ÿ'ÿÿÿ ÿ %-# 3mÿn!ÿ$ÿ!"ÿ% 5ÿ,ÿ-"%+-ÿ!ÿ%!%'ÿk3))0ÿÿ+%ÿk2 2 ÿ,"ÿ,ÿÿ)12013 32ÿ o30 #7 9# #ÿX!ÿ,"ÿÿ 'ÿÿ-ÿ!ÿ%!%'ÿ%-ÿÿ)12713 32ÿÿ!ÿ%% ÿÿ^$ÿ^" ÿo30257 9# #ÿX!"ÿÿ"ÿ%_ÿ+" ÿÿ!ÿ%!%'ÿ$"ÿÿd'ÿÿ%ÿ +--ÿÿ! % #ÿnÿ, -ÿ'ÿÿ -ÿÿo2 # # 4mÿX!ÿ\ ÿ-ÿÿÿ" %ÿÿ ÿ3 335ÿ,ÿ!+ÿ -ÿÿ+%"ÿÿ,'ÿÿ ÿ% -5ÿ, +ÿÿ"ÿ"ÿÿ!ÿ%ÿ"ÿ!+ÿ ÿ% -5ÿ-ÿ,ÿ-ÿÿ_ÿ!+ÿÿ%ÿ g%% %_ÿÿ!ÿ,ÿ--#ÿX!ÿ"ÿÿ%ÿ"ÿ +--ÿÿ "ÿ _ !ÿZ]]ÿ]+ ÿ+%"ÿ"ÿ%!-# X!'ÿ_ ÿÿ_ ÿÿÿ!"ÿ5 ÿa-" i,ÿ2 33 ÿc!ÿ !ÿÿZ!e5ÿfÿ 3 4 ÿa-"5ÿZ!#]# b%"-ÿZ"_%!$" 22ÿc!ÿX ÿd+-5ÿ ÿ4 42 Z!e5ÿfÿ 3 ÿ ! "811#$$#%11 1 1&'( 0 ) %0 9*+,( *"%!(* !-(!-82)0 )22)33) 20 0237.)"$82)0 203 7)9)390 0*/ 214 01231345ÿ789 ÿ ÿÿÿ ÿÿ8ÿ ÿ ÿ3 34 03 3) 37 4 0ÿ15ÿ 2ÿ235ÿ3 34ÿÿ238034 ÿ+ÿ5ÿ6"+#'7%##$+8ÿ,8 95 : ÿ%ÿÿ!ÿ"" "ÿÿ# ;!'ÿ2 5 0ÿ15ÿ 2ÿ235ÿ3 34ÿÿ2 833 ÿÿ<-"ÿ6-#$-"3 237$#%8ÿ,8 =ÿ #ÿ55 >ÿ -"-ÿ!ÿ2 ÿ!+ÿ ÿ""$-ÿ"ÿ!ÿ+"$ÿÿ ÿ%"#ÿ?ÿÿÿ %!ÿ % "ÿ, -ÿÿ--ÿÿ% ÿÿ"ÿ"" "ÿÿ ÿ% #ÿ> -ÿ2 ÿ "ÿ-+"ÿÿÿ!,ÿÿ %- ÿ%ÿÿ--- & ;!'ÿ2 ÿ+2ÿ %!5 ÿ<-"5ÿ!ÿ,5ÿ2 33 ÿ@!ÿ !ÿ5ÿ4!A5ÿBÿ 3 4 ÿ<-"5ÿ4!#=# C%"-ÿ4"2%!$" 22ÿ@!ÿ; ÿD+-5ÿ ÿ4 42 4!A5ÿBÿ 3 ÿ 3) 37 4
EFGGÿIÿIJKLMNOPQNÿRPSÿRPTÿEGUÿ VLQTNMWXÿYZÿ[UGGFÿ \]]M^T_ÿ̀Gab` ÿKPTcTSdeTMNfgQ^SJhSOQc 0ÿC$1ÿ;ÿ0ÿ9ÿ4$ 0ÿ?+"$ÿD-$1ÿC'ÿÿ?+"$"ÿ ;!ÿ0ÿ"ÿ,ÿÿ"%ÿ-iÿ 'ÿ" ÿÿ,ÿ "ÿ8 % 'ÿ9 ,ÿ3 ÿ jMeeÿQkPÿYZÿl\mnKÿKkgcToÿPQÿeTPÿkKÿdNQpÿLQpÿpTngT qQMNOÿJNqÿLQpÿpTÿ^JNÿrTPPTgÿKTgcTÿoQksÿ %-8$ 4#t $7 2=2070 #24uDD) ÿ<-"5ÿ4!#=#ÿC%"-ÿ4"2%!$"ÿ9 4) 37 4
EFGGÿIÿIJKLMNOPQNÿRPSÿRPTÿEGU ! "811#$$#%11 1 1&'( 0 ) %0 9*+,( *"%!(* !-(!-82)0 )22)33) 20 0237.)"$82)0 203 7)9)390 0*/ 314 01231345ÿ789 ÿ ÿÿÿ ÿÿ8ÿ ÿ ÿ3 34 03 01234567ÿ9:ÿ;<==>ÿ ?@@5A3BÿC=DEC ÿFG3H3IJK354LM2AINOIP2H QÿR$1ÿSÿQÿTÿU$ QÿV+"$ÿW-$1ÿR'ÿÿV+"$"ÿ S!ÿQÿ"ÿ,ÿÿ"%ÿ-Xÿ 'ÿ" ÿÿ,ÿ "ÿ8 % 'ÿ9 ,ÿ3 ÿ Y5KKÿ2ZGÿ9:ÿ[?\]FÿFZMH3^ÿG2ÿK3GÿZFÿJ42_ÿ12_ÿ_3]M3 `254PÿN4`ÿ12_ÿ_3ÿAN4ÿa3GG3MÿF3MH3ÿ^2Zbÿ %-8$ 4#c $d 2e2070 #24fWW) ÿg-"5ÿU!#e#ÿR%"-ÿU"h%!$"ÿ9 4) 37 4
! "811#$$#%11 1 1&'( 0 ) %0 9*+,( *"%!(* !-(!-82)0 )22)33) 20 0237.)"$82)0 203 7)9)390 0*/ 414 [number redacted]ÿ1701ÿ89 ÿÿ ÿ9 ÿÿ ÿ 5ÿ ÿ ÿ ÿ ÿ!"#ÿ# ÿ$ ÿ1%14Received %&%'1(ÿÿ) ÿLegal * ÿÿ# ÿ + 12/27/2023 @ABCDEBÿGÿ@HIJKÿLMABCDEBNEOPQMRQSOTU
VWMSXADÿVAYDEXOEBZÿVAPQÿM[TQÿ@XWDDÿ\O][BYDXAÿ^IJKÿKMBDÿ_OQÿ̀a`bGacad`eÿGÿfEXYYDAÿ@ABCDEÿYO KXYMYXOAÿMA[ÿKOWg]MXAY 0ÿ @WMA[MÿhWXYiÿj ,k *l ) 5ÿ3 ÿ135ÿ1%14ÿ ÿ0171mÿ89 17ÿn* k nÿj * k l5ÿn * k nÿj * k l #7ÿn 1%01k nÿj 1%01k l5ÿn =k nÿj =k l5ÿ/=ÿo, j/o,k *l5ÿo ÿp ÿjop k *l ÿ 5 ÿ , ÿ- ÿ ÿÿ) ÿ* ÿÿ# ÿ ÿ#-ÿÿ5ÿ ÿ, ÿ. ÿ ÿÿÿq2ÿ, ÿqÿr2 - ÿ ÿ2ÿ ÿ 1, =ÿq25
stuvwuÿytz{| }~ÿ ÿÿÿÿÿ dbaÿ_QÿhPOYYB[M]DÿI[QZÿh XYDÿ¡a¡ÿ¢ÿhPOYYB[M]DZÿ@Hÿÿ£c`cb ÿ ¤£aGcb¤G¤¥aa ¦§¨©ª«¬ÿÿ̈®°̄ÿ±²°°³´²ÿ³µ¶ÿ̄·°ÿ³¸³¹®±²µ·°ÿ³º²ÿ¹»µ¼¶²µ½³¾ÿ³µ¶ÿ±³¿ÿÀ²ÿ³¸»ºµ²¿Á¹¾²̄µ·ÿºÃ̄¯¾²´²¶Äÿ̈®²¿ÿ³º²ÿº»·²¹·²¶ÿÀ¿ÿ¾³ÅÄÿ©Æÿ¿»Çÿ³º²ÿµ»·ÿ·®²ÿ̄µ·²µ¶²¶ÿº²¹Â̄²̄µ·Èÿ¾²³°²ÿ¶²°·º»¿ÿ·®²ÿ±²°°³´² µ̄ÿÀ»·®ÿ²¾²¹·º»µ¹̄ÿ³µ¶ÿ³²ºÿÆ»º±ÿ³µ¶ÿµ»½Æ¿ÿɳµ´ÿ̈®³¾ÿʵ̄´ÿËÿ̳µ°»µÿ³·ÿÍÎÏÁÐÑÍÁÍÒÏÏÿ»ºÿÀ¿ÿ²±³¯¾ÿ·»ÿ·®²ÿ°²µ¶²ºÄÿ̈®³µÓÿ¿»ÇÄ ÔÕÖ×ÿÙÿÚÛÕÜÖÝÿÞßÿÿ*ÿÔÕÖ×ÿàáÕÛÿÚÜÖ×ÿÙÿâÕÖãäÖÿÞß fEXYYDAÿ@ABCDEÿYOÿKXYMYXOAÿMA[ÿKOWg]MXAYQg[å 00&æ
, -722 2 2.2/!0!1234#5,6027 7 88*-99 3%0: %1 90%;.222%2<=>&70&4&? *>-? ,> ?- + 020 Received Legal 12/27/2023
LANG THAL KING & HANSON PC 6730 N. SCOTTSDALE RD., SUITE 101 SCOTTSDALE, ARIZONA 85253 TELEPHONE (480) 534-4900 Please e-serve filings on: [email redacted] JAMES N. HANSON, #029091 [email redacted] (not for e-service) ERIKA L. JOHNSEN, #034954 [email redacted] (not for e-service)
Attorneys for Respondent Imagine Interiors, Inc. ARIZONA REGISTRAR OF CONTRACTORS Aimee Goldstein, Case No. 2023-05062 Complainant, WRITTEN ANSWER TO CITATION AND COMPLAINT v. Imagine Interiors Inc., License No. ROC 278020, Respondent. In answer to the Citation listed on December 15, 2023, Respondent Imagine Interiors Inc. denies that it violated the charges listed by the Registrar. Respondent disputes any express or implied allegations of wrongdoing, liability, or violation of the Arizona contracting laws. Accordingly, Respondent respectfully requests that this matter be referred to a hearing before the Office of Administrative Hearings. Respondent reserves the right to raise any and all applicable defenses at that hearing. DATED this 27th day of December, 2023. LANG THAL KING & HANSON PC By: /s/ Erika L. Johnsen James N. Hanson Erika L. Johnsen Attorneys for Respondent Imagine Interiors, Inc. Received Legal 12/27/2023
ORIGINAL mailed and emailed this 27th day of December, 2023, to: Arizona Registrar of Contractors P.O. Box 18244 Phoenix, Arizona 85005-8244 [email redacted] [email redacted] COPY emailed this same day to: Aimee Goldstein 10228 N 58th Street Paradise Valley, Arizona 85253 [email redacted] Complainant Steve Klein, Investigator #174 1700 W Washington St, Ste 105 Phoenix, Arizona 85007-2812 [email redacted] Assigned Investigator By: /s/ Amanda Smith
01232345ÿ0740ÿ89 ÿÿ ÿ9 ÿÿ ÿ
/0121ÿ45167ÿ890121:;5167<=>?:@A:B>2C
D>5 E90167ÿ?>FFG76?@06>7 0ÿ H1@0I1=ÿJ177>7ÿKL M ) N 95ÿOÿ35ÿ3134ÿ ÿ0713ÿ89 P7ÿ )ÿQÿK ) "M )N -7ÿRS )ÿÿK M ) N5ÿ ÿT ÿK M ) N ÿ ÿ )5 8 ÿ ÿ ÿ ÿÿRÿQ 2 ÿU * ÿL ÿÿ*ÿ ÿ ÿÿVÿ Wÿ ÿX4%51115ÿ ÿ*ÿ ÿYO-ÿ ÿZÿÿÿ 5ÿU5ÿ-ÿ ÿÿÿ )[ ÿL ÿÿÿ ÿ ÿ* ÿ "ÿÿÿ ÿ L ÿÿÿ ÿ * )5ÿ ÿW ÿ Wÿ ÿÿ ÿ ÿ ÿ ÿ* ÿÿ ÿ ÿ 5ÿÿ* ÿÿU ÿÿUWÿ ÿYO- ÿ\ ÿ ÿÿ* " 5ÿVÿ ÿÿ ÿÿÿ)ÿ ÿÿ ÿ ÿ )ÿÿ ÿ] ÿVÿÿÿ ÿ* ÿ) 2U ÿÿÿ01ÿSÿ&ÿÿ ÿÿ ÿU ÿUWÿ ÿÿW ÿVÿÿ ÿÿÿÿ5ÿ ÿÿ ÿ 5ÿÿÿ ÿ* ÿ* ÿ5ÿ Wÿÿÿ ÿ ÿ L ÿÿ ÿ ÿ ÿÿ* ÿ*"ÿVÿ5ÿ ÿ*ÿÿ ÿ* ÿÿ ÿZ)ÿUWÿ ÿ ÿ ÿ [ P ÿWÿ ÿ ÿÿÿÿ ÿÿ Wÿ ÿX4%5111 ÿP Wÿ* ÿ" ÿÿÿ ÿ )ÿÿ ÿ ÿYO-ÿ P ÿÿÿU) ÿ "ÿ*ÿÿ W5ÿÿVÿÿÿ Wÿÿ ÿ ÿÿ9Wÿ^ÿ ÿU "ÿ ÿÿ ÿ W Wÿÿ ÿW 5ÿ_ ÿ ÿ
ÿÿ `=>FaÿRÿQ ÿK0"b M N c@01aÿ W5ÿ U ÿ345ÿ3134ÿ ÿ&7$0ÿ9 d>a e?aÿL ÿf ÿKL M ) N /Ggh1?0aÿY 7ÿY _ ÿÿ L 5 ÿ Vÿ "ÿ* ÿU ÿ ÿ ÿ ÿ ÿ ÿÿ Wÿÿ ÿÿU ÿ ÿi ÿ ÿ ÿ* ÿÿ "W ÿU ÿ ÿ* ÿ ÿ ÿÿ ÿ ÿÿÿ ÿ ÿ 722 2 2 212!"#$%1&$%11'()*# ( # ( # 70&&+%&$413''4+4+&$+,&-70&&+%&$413''4+4+&$+. 023 01232345ÿ0740ÿ89 ÿÿ ÿ9 ÿÿ ÿ /0)ÿ1 ÿ) ÿ2 ÿÿÿÿÿ ÿ3 ÿ"ÿ)ÿ ÿ ÿÿ ÿ )ÿÿ ÿÿ ÿÿ4 ÿ ÿ54%111 ÿ/ÿ2 ÿÿ* ÿÿ ÿ 5ÿ* ÿ*ÿ ÿ ÿ67-ÿ ÿÿ "ÿ ÿ ÿ ÿ ÿ 8 ÿ ÿ ÿ 7ÿ9 5ÿ ÿ305ÿ3134ÿ ÿ37$:89ÿ8; )ÿÿ< = ) >ÿ* 7 ? 5 ÿ ÿ ÿ) ÿ ÿ 5ÿ* ÿÿ@ ÿ ÿ ÿ* ÿÿ )ÿÿÿ 2ÿ ;ÿ* "ÿÿ ÿ4 ÿÿ ÿ ) ÿ3 ÿÿ* ÿ ÿ)12ÿÿ 1ÿÿ*ÿ)ÿ2 ÿÿ ÿ* ÿ)1 ÿ8 ÿ ÿ 9 "ÿ2 5 ÿ ÿÿ ÿÿ ;ÿA ÿ 2ÿ
BCDEFGGHIJKE &LM
722 2 2 212!"#$%1&$%11'()*# ( # ( # 70&&+%&$413''4+4+&$+,&-70&&+%&$413''4+4+&$+. 323 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