2023A-05066-CHC-ROC Notice of Hearing and Packet MAILED

2023A-05066-CHC-ROC · Registrar of Contractors · 2023-11-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Rachel G Soale , Case No. 2023-05066 COMPLAINANT, Docket No. 2023A-05066-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Osprey of North Tempe DBA: SERVPRO of North Tempe License No. ROC 335255,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: January 5, 2024 1:00 PM 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 October 27, 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)-R4-9-018(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.

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) Osprey of North Tempe DBA: SERVPRO of North Tempe 1828 N Higley Rd Mesa, AZ 85205 Complainant(s) Rachel G Soale 2438 E Claire Dr Phoenix, AZ 85032

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. 2023-05066 /

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

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Amended 9-19-23 Jobsite Inspection Notes

Case No.: 2023-05066 Investigator: Steve Klein Inspection Date: July 14, 2023 Inspection Time: 10:00 AM

Complainant: Rachel G Soale Respondent: Osprey of North Tempe Respondent not present 9-19-23 Jacob Maopin.

Jobsite General Notes:

Complaint #1 At the final walk-through with insurance adjuster and Jacob Maupin credits to homeowners were discussed regarding entryway, tile trim, and installation. Personal property damage as well as miscellaneous areas throughout the home that were poorly installed/finished. Continuous project delays and construction debris still on property Inspector’s Observation: The Complainant points out the following workmanship issues. 1) Toilet caulking 2) Painting the cabinets in the hallway bath needs to be touched up. 3) Drywall repair in the hallway. 4) Drywall repair in the M/bath next to the toilet. 5) N/A - Drywall repair in the mechanical / water heater closet. Not in scope of work. 6) Missing escutcheons around the toilet supply Line. 7) The tile border, located at the steps down. 8) Grout in the corner of the shower. 9) Tile floor grout has voids and is discolored in several areas. 10) N/A - Four door jambs in the hall has paint peeling. Another contractor is involved. I’m unable to determine who closed the doors to cause the peeling. 11) N/A - Water heater vent is disconnected. . Another contractor is involved. • Respondent shall correct by the appropriate means.

7/17/2023 Received addendum to the complaint Jobsite inspection 9-18-23 at 10:00 am

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 #2 Mismatched Paint and texture Inspector’s Observation: Duplicate #1, Drywall in mechanical room is not in the scope of work. The rest of the drywall issues should me 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.

Complaint #3 Visible Drywall patching Inspector’s Observation: Duplicate #1, Drywall in mechanical room is not in the scope of work. The rest of the drywall issues should me 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.

Complaint #4 Missing drywall patching/open holes Inspector’s Observation: Duplicate #1, Drywall in mechanical room is not in the scope of work. The rest of the drywall issues should me 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.

Complaint #5 Hot water heater completely missing vent. Inspector’s Observation: Another contractor was involved Governing Rule: N/A

Complaint #6 . Hallway bathroom cabinets: bad painting, misaligned installation and missing screws Inspector’s Observation: Duplicate #1. N/A Misaligned installation and missing screws. Doors are pre-existing, I’m unable to determine if the Respondent is responsible. Paint 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.

Complaint #7 Unpainted walls and ceiling areas throughout home Inspector’s Observation: Verified paint sheen varies on the dining room wall, and touch up in the hall. • 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 #8 Unpainted wall under kitchen sink Inspector’s Observation: Cabinet painting is not in the scope of work. Governing Rule: N/A

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

Complaint #9 Master toilet not secured to the floor. (Their “fix” was to glue it down with caulking. Inspector’s Observation: Verified the master bath toilet is not secure. • 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 # 10 Door trim paint peeling Inspector’s Observation: Duplicate #1. Another contractor is involved. I’m unable to determine who closed the doors to cause the peeling. Governing Rule: N/A

Complaint # 11 Missing tile in hallway Inspector’s Observation: Duplicate #1 • 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 #12 Cracking shower grout Inspector’s Observation: Duplicate #1 • 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 #13 Poorly installed grout and tile in hallway bathroom shower. Inspector’s Observation: Verified grout touch up needed. • Respondent should correct one time. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.

Complaint #14 . Poorly installed grout and tile in hallway bathroom shower. Inspector’s Observation: Duplicate #1 • 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 #15 Numerous painted outlet covers & switch plates were painted over while attached to the wall. Inspector’s Observation: Respondent provided photos, the covers were previously painted to match the wall paint. Governing Rule: N/A

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

Complaint #16 Floor grout: missing in spots, overfilled in some spots, different color grout in some areas. Inspector’s Observation: Duplicate #1 • Respondent should correct one time. Governing Rule: Violation of Any Rule Adopted By the Registrar 32-1154 A-3 Namely Rule R4-9-108.

Complaint #17 Abandoned construction debris Inspector’s Observation: Verified trash pile on the front porch. • 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 #18 Abandoned lockbox Inspector’s Observation: Completed prior to the jobsite inspection. Governing Rule: N/A

Complaint #19 Abandoned 25 lb bag of grout. Color: black. Product was not something used for project. Inspector’s Observation: Verified trash pile on the front porch. • 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 # 20 Misaligned floor tiles throughout home. Trip hazard. Inspector’s Observation: Verified tile lippage. Tiles are to be no more than 1/32” inch between individual tiles. • 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 # 21 Both toilets are missing their escutcheon flange covers. Inspector’s Observation: Duplicate #1 • 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

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Rachel G Soale 2438 E Claire Dr Phoenix, AZ 85032

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Osprey of North Tempe DBA: SERVPRO of North Tempe 1828 north Higley Rd. Suite 100 Mesa, AZ 85205

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

May 31, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-05066

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 14, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT:

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

RESPONDENT:

1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

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.

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, /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 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 · Toll Free 877.692.9762 · 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

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 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 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Rachel G Soale 2438 E Claire Dr Phoenix, AZ 85032

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: Osprey of North Tempe DBA: SERVPRO of North Tempe 1828 north Higley Rd. Suite 100 Mesa, AZ 85205

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 July 14, 2023 Amended 9-19-23

License No. ROC 335255

Re:Complaint No. 2023-05066

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 Oct 19, 2023.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative 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:

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 3) Drywall repair in the hallway. 4) Drywall repair in the M/bath next to the toilet. 5) N/A - Drywall repair in the mechanical / water heater closet. Not in scope of work. 6) Missing escutcheons around the toilet supply Line. 7) The tile border, located at the steps down. 8) Grout in the corner of the shower. 9) Tile floor grout has voids and is discolored in several areas. 10) N/A - Four door jambs in the hall has paint peeling. Another contractor is involved. I’m unable to determine who closed the doors to cause the peeling. 11) N/A - Water heater vent is disconnected. . Another contractor is involved.

7/17/2023 Received addendum to the complaint Jobsite inspection 9-18-23 at 10:00 am

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 #8 Unpainted wall under kitchen sink Inspector’s Observation: Wall should be painted, Cabinet painting is not in the scope of work.

Complaint #13 Poorly installed grout and tile in hallway bathroom shower. Inspector’s Observation: Verified grout touch up needed. • Respondent should correct one time.

Complaint #14 . Poorly installed grout and tile in hallway bathroom shower. Inspector’s Observation: Duplicate #1 • Respondent shall correct by the appropriate means.

Complaint #16 Floor grout: missing in spots, overfilled in some spots, different color grout in some areas. Inspector’s Observation: Duplicate #1 • Respondent should correct one time.

Complaint #17 Abandoned construction debris Inspector’s Observation: Verified trash pile on the front porch. • Respondent shall correct by the appropriate means.

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 # 20 Misaligned floor tiles throughout home. Trip hazard. Inspector’s Observation: Verified tile lippage. Tiles are to be no more than 1/32” inch between individual tiles. • Respondent shall correct by the appropriate means.

Complaint # 21 Both toilets are missing their escutcheon flange covers. Inspector’s Observation: Duplicate #1 • Respondent shall correct by the appropriate means.

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Drywall repair in the mechanical / water heater closet. Not in scope of work.

Four door jambs in the hall has paint peeling. Another contractor is involved. I’m unable to determine who closed the doors to cause the peeling.

Misaligned installation and missing screws. Doors are pre-existing, I’m unable to determine if the Respondent is responsible.

Cabinet painting is not in the scope of work.

Complaint #5 Hot water heater completely missing vent. Inspector’s Observation: Another contractor was involved

Complaint # 10 Door trim paint peeling Inspector’s Observation: Duplicate #1. Another contractor is involved. I’m unable to determine who closed the doors to cause the peeling.

Complaint #18 Abandoned lockbox Inspector’s Observation: Completed prior to the jobsite inspection.

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: Rachel G Soale 2438 E Claire Dr Phoenix, AZ 85032

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: Osprey of North Tempe DBA: SERVPRO of North Tempe 1828 north Higley Rd. Suite 100 Mesa, AZ 85205

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 July 14, 2023

License No. ROC 335255

Re:Complaint No. 2023-05066

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

Complaint #1 At the final walk-through with insurance adjuster and Jacob Maupin credits to homeowners were discussed regarding entryway, tile trim, and installation. Personal property damage as well as miscellaneous areas throughout the home that were poorly installed/finished. Continuous project delays and construction debris still on property Inspector’s Observation: The Complainant points out the following workmanship issues. 1) Toilet caulking is messy M/bath 2) Painting the cabinets in the hallway bath needs to be touched up. 3) Drywall repair in the hallway. 4) Drywall repair in the M/bath next to the toilet. 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 5) Drywall repair in the mechanical / water heater closet. 6) Missing escutcheons around the toilet supply Line. 7) The tile border, located at the steps down. 8) Grout in the corner of the shower. 9) Tile floor grout has voids and is discolored in several areas. 10) Four door jambs in the hall has paint peeling. 11) Water heater vent is disconnected. 12) Paint sheen varies at dinning and hall drywall patches • Respondent shall correct by the appropriate means.

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: Rachel G Soale 2438 E Claire Dr Phoenix, AZ 85032

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Respondent: Osprey of North Tempe DBA: SERVPRO of North Tempe 1828 north Higley Rd. Suite 100 Mesa, AZ 85205

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 July 17, 2023

Re: Complaint No. 2023-05066

Dear Complainant and Respondent:

After the initial filing of the complaint 2023-05066, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled September 18, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT:

1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the amended complaint items 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 the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended 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. Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity 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 amended 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.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 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.

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, /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 C007 04/21 Complainant: Rachel G Soale 2438 E Claire Dr Phoenix, AZ 85032

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: Osprey of North Tempe DBA: SERVPRO of North Tempe 1828 N Higley Rd Mesa, AZ 85205

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 10-25-23

Case No.: 2023-05066 Investigator: Steve Klein

No Compliance inspection was performed. I received an email from the Complainant stating the contractor did not address the Directive

Compliance Findings:

7/17/2023 Received addendum to the complaint

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 #4 Missing drywall patching/open holes Inspector’s Observation: Duplicate #1, Drywall in mechanical room is not in the scope of work. The rest of the drywall issues should me be corrected. • Respondent shall correct by the appropriate means.

Complaint #8 Unpainted wall under kitchen sink Inspector’s Observation: Wall should be painted, Cabinet painting is not in the scope of work.

Complaint #13 Poorly installed grout and tile in hallway bathroom shower. Inspector’s Observation: Verified grout touch up needed. • Respondent should correct one time.

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 #14 . Poorly installed grout and tile in hallway bathroom shower. Inspector’s Observation: Duplicate #1 • Respondent shall correct by the appropriate means.

Complaint #16 Floor grout: missing in spots, overfilled in some spots, different color grout in some areas. Inspector’s Observation: Duplicate #1 • Respondent should correct one time.

Complaint #17 Abandoned construction debris Inspector’s Observation: Verified trash pile on the front porch. • Respondent shall correct by the appropriate means.

Complaint # 21 Both toilets are missing their escutcheon flange covers. Inspector’s Observation: Duplicate #1 • Respondent shall correct by the appropriate means.

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.

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

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

Rachel G Soale, Case No. 2023-05066 COMPLAINANT, v. Osprey of North Tempe CITATION DBA: SERVPRO of North Tempe License No. ROC 335255,

RESPONDENT.

The Registrar issues this Citation to Osprey of North Tempe DBA: SERVPRO of North

Tempe (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation

by November 11, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may

be deemed an admission of the act or acts charged in the underlying complaint, and the

Registrar may then suspend or revoke Respondent’s license.

THE WRITTEN COMPLAINT

On May 29, 2023, Rachel G Soale (“Complainant”) filed a written complaint with the

Registrar. A copy of that Complaint is attached to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

The Registrar investigated this matter and finds cause to charge Respondent with

violations of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

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

Charge :1 A.R.S. § 32-1154(A)(3)-R4-9-018(a)

Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A

contractor shall perform all work in a professional and workmanlike manner.

Charge :2 A.R.S. § 32-1154(A)(22)

Failure to take appropriate corrective action to comply with this chapter or with

rules adopted pursuant to this chapter without valid justification within a

reasonable period of time after receiving a written directive from the Registrar.

The written directive shall set forth the time within which the contractor is to

complete the remedial action. The time permitted for compliance shall not be

less than fifteen days from the date of issuance of the directive. A license shall

not be revoked or suspended nor shall any other penalty be imposed for a

violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F).

FILING A WRITTEN ANSWER

Respondent must appear by filing with the Registrar a written answer to the citation and

complaint showing cause, if any, why Respondent’s license should not be suspended or

revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading

“Written Answer to Citation and Complaint” and should include the case number, which is

Case No. 2023-05066.

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

of 6

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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] 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 11, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license. THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of of 6

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any of 6

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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 October 27, 2023. By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 27, 2023 to: Respondent Certified Mail No: [number redacted] Osprey of North Tempe DBA: SERVPRO of North Tempe 1828 N Higley Rd, #Ste. 101 Mesa, AZ 85205 Copy mailed by USPS First Class mail this same date to:

Respondent Osprey of North Tempe DBA: SERVPRO of North Tempe 1828 N Higley Rd, #Ste 101 Mesa, AZ 85205 Respondent Osprey of North Tempe DBA: SERVPRO of North Tempe 410 W Jefferson Ave Kirkwood, MO 63122 Complainant Rachel G Soale 2438 E Claire Dr Phoenix, AZ 85032 of 6

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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. 2023-05066/du

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 RECEIVED LEGAL 11/07/2023

ROC Response to Rachel Soale

Subject Line: Written Answer to Citation and Complaint Case N0. 2023-05066

On June 12th replying to Mrs .Rachel Soale’s threat to credit her invoice dues fully ($0 balance) or they will will file a complaint with the ROC. Body of email below.

Jacob,

This is the fourth email that has been sent to you regarding the issues in subpar work, materials, finishes, and non clean up of job site. Phone calls and emails from us and our adjuster have continued to be ignored. Please adjust the final invoice to zero balance/paid in full by the end of this month 5/31/2023 or we will proceed with our claim with the AZ ROC, as well as seeking legal counsel.

Regards, Robin and Rachel Soale

Servpro’s response below.

Rachel,

According to your photos, I will deduct the amount based on the line items provided in xactimate. The deductions will be in the revised estimate at the beginning of the estimate in the Main Level.

Toilet caulking - Credit using caulking line item. Painting the cabinets in the hallway bath. Drywall repair in the hallway and bath located on the ceiling next to the fan and light. Missing escutcheons around the toilet supply line The tile border, located at the steps down. Grout in the corner of the shower Tile floor grout throughout the home minus the bedroom. The areas are throughout the home. Contents portion asked by Nicki.

Non-scope items were work done by the other contractor you hired and will need to be addressed directly with them. The doors are not in our scope of work to be painted and were completed and paid by you to another contractor. Our line item is to paint the jambs and casing, not the slab. RECEIVED LEGAL 11/07/2023

I've attached the original estimate that includes all the work that was approved and completed by ServPro. I have attached the revised estimate with the items removed. The third attachment is the signed contract,

Breakdown or the financials. The total estimated amount was $44,753.66 and the revised amount is $40,584.39 The total invoiced up to date is $40,278.30 The total collected to date is $26,852.20 leaving a balance owed of $17,901.46 based on the original contracted amount.

The revised amount is $40,584.39 The total invoiced up to date is $40,278.30 The total collected to date is $26,852.20 leaving a balance owed of $13,732.09 based on the revised amount. The final invoice is $306.09 will be sent out as this was never sent out.

Please review the revised estimate and let me know if you have any questions. After review please let me know so someone can pick up the final check. You can also pay online or mail in a check if that is easier for you.

Thank you.

As seen in the above email Servpro gave Mrs. Soale the credits for the items that were discussed. This wasnt satisfactory to Mrs. Soale and she emailed back 7 days later saying that (a small amount of) debris were never removed and she will dispose of it, and by doing so Servpro will have to credit her the $13K balance. Servpro would’ve been paid $224.64 by Mrs. Soale’s insurance to do so

Servpro again replied and tried to clear up the situation with her. Email below.

Rachel,

For clarity, you are saying that it will cost you 13k to remove the remaining debris? If that is what you are saying, then this is unacceptable. I'm willing to work with you on this matter but the amount has to be fair and just. The haul debris line item is 224.64 and we would be willing to have that line item removed.

I'm trying to come to an agreement so we can both get this behind us. However, your request to wipe off the remaining balance is not reasonable as the work was done and credits were applied for work that wasn't performed.

At this point Mrs. Soale stopped responding to Servpro and we continued our collection methods as usual. A month later ServPro received a notice from the ROC. RECEIVED LEGAL 11/07/2023

Jacob Maupin with ServPro reached out to Mrs. Soale to set up a meeting on site and discuss the options. Mrs. Soale replied and we were to meet on site 6 days later. ServPro and the team arrived on the arranged time and date, but Mrs. Soale wasnt present, so we ghad meet with Robin her husband. We walked through the home with Robin, discussing the issues and showing before photos. At the end of the meeting we asked how he would like to proceed and he stated he would have to talk to Mrs. Soale as “ This is her thing”.

Servpro sent a follow up email asking if they have come to a decision on weather or not they wanted us to return and complete the repairs or take the new amount. This went on from July 31st to Sept 23rd when Mrs. Soale responded “ We have not yet made a decision and are still conversing with our Insurance adjuster”.

This cycle started again and we went back and forth about the credits. Mrs. Soale then stated her fish tank credit was never issued so Servpro sent a response offering another credit by waving the interest charges.

There have been several more attempts to get into the home which Mrs. Soale has not responded to. It is currently and has been since inception Servpro’s priority to remedy the issues with work performed by Servpro at Mrs. Soale’s home. As of the time of this response Servpro has exhausted all options to correct any issues amicably, offering to repair any items Servpro was responsible for, or a credit for those items for the amount Servpro were to receive from the Insurance carrier. Mrs. Soale has only been sporadically responsive and absolutely non-committal to any offer Servpro has presented.

ServPro is looking for a resolution to this issue. Either to complete the repairs or for the credits to be accepted. RECEIVED LEGAL 11/07/2023

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case N0. 2023-05066 message

Jacob Maupin <[email redacted]> Tue, Nov 7, 2023 at 9:35 AM To: Liaan Kruger <[email redacted]>, Travis Ellerbroek <[email redacted]>, [email redacted]

To whom it may concern,

Attached you will find ServPros Written Answer to Citation and Complaint Case N0. 2023-05066.

Please let us know if you have any questions or need anything further from us.

-- Thank you.

Jacob Maupin Director of Construction (M): 480-640-0403 (O): 480-456-0000 servpronorthtempe.com

ROC Response to Rachel Soale.pdf 84K 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