2023A-06146-CHC-ROC Notice of Hearing and Packet MAILED

2023A-06146-CHC-ROC · Registrar of Contractors · 2023-12-06

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Steven Herold , Case No. 2023-06146 COMPLAINANT, Docket No. 2023A-06146-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Rugged Roofing, LLC License No. ROC 329220,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

January 22, 2024 1:00 PM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on November 9, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is

cause for the suspension or revocation of a license, Respondent is a party to this case and will

be a party to the hearing.

Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of

any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles

regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via

video conference or telephone unless requested by a party to appear in-person. Requests for

the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a

disclosure statement on all other parties, and file it with the Office of Administrative Hearings.

A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure- statement.

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced

or delayed, and the position of all other parties regarding the advancement or delay.

A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

In any case which is resolved or settled by the parties, or which is withdrawn by the

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated December 6, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail December 6, 2023 to:

Respondent(s) Rugged Roofing, LLC 4196 Gemstone Ave Kingman, AZ 86401 Complainant(s) Steven Herold 4691 E. Linn Ranch Dr Kingman, AZ 86401

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. 2023-06146 /

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

Complainant: Steven Herold 4691 E. Linn Ranch Dr Kingman, AZ 86401

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: Rugged Roofing, LLC 4196 Gemstone Ave Kingman, AZ 86401

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 November 7, 2023 Complainant: Steven Herold 4691 E. Linn Ranch Dr Kingman, AZ 86401

Respondent: Rugged Roofing, LLC 4196 Gemstone Ave Kingman, AZ 86401

Case No.: 2023-06146 Investigator: Cliff Corlett Inspection Date: October 31, 2023 Inspection Time: N/A

Compliance Jobsite General Notes: On October 2, 2023 the Registrar of Contractors issuesd a Written Directive to Rugged Roofing LLC. (lic # 329220) to properly complete/correct certain roof leaks at Complainats property located at 4691 E. Linn Ranch Dr. Kingman AZ. Also to properly correct the water damage to the rear bedroom ceiling. That Directive had a Compliance Due dqte of October 20, 2023. On October 31, 2023 Mr. Harold contacted this office to advise that no corrective work has been performed by the Respondnet.

Compliance Findings: Respondent is NOT in Compliance.

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/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: File

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

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

Case No.: 2023-06146 Investigator: Cliff Corlett Inspection Date: September 19, 2023 Inspection Time: 10:30 AM

Complainant: Steven Herold Respondent: Rugged Roofing, LLC Not Present: Not Present:

Jobsite General Notes:

Complaint Item: 1 - Leak in roof not repaired after numerous attempts and then they stopped answering request for return dates; Investigator’s Observation: Complainants video indicated that there was still a leak at the front entry area under the eaves. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. The woodwork appears to need some tightening and paint touch up. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 2 - When last attempted to repair above leak advised them had another leak where vent cap not put on properly after their work doing some damage to ceiling drywall. I told them I think I repaired the problem but not the drywall. Told worker to relay this to boss. No reply. Investigator’s Observation: Complainant has worked on this rear vent leak. Complainant stated leak was corrected. RESPONDENT SHOULD PROPERLY CORRECT THE BLISTERED DRYWALL CEILING, MATCHING THE

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

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

SURROUNDING AREAS AS CLOSELY AS POSSIBLE. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 3 - Small area where they used rolled shingle in valley by front entrance starting to bubble up. Was going to tell them when they came back out to do above repairs Investigator’s Observation: RESPONDENT SHOULD PROPERLY CORRECT ANY LEAK ISSUES AT FRONT ENTRY AREA. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

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

2023-06146 RUGGED ROOFING LLC JSI PHOTOS 9-19-23 4691 e. Linn Ranch Dr. KGM

P-01

P-02

Area of roof that the Respondent has been working on for leaks. P-03

P-04 P-05

P-06

Area of soffit that C states that the roof leak caused wood damage. P-07

P-08

Blistered ceiling in Master bedroom. P-09

P-10 P-11

P-12

Vent over master bedroom ceiling damage. Leak has been repaired. P-13 Complainant: Steven Herold 4691 E. Linn Ranch Dr Kingman, AZ 86401

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: Rugged Roofing, LLC 4196 Gemstone Ave Kingman, AZ 86401

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 October 2, 2023

Respondent: Rugged Roofing, LLC 4196 Gemstone Ave Kingman, AZ 86401

Complainant: Steven Herold 4691 E. Linn Ranch Dr. Kingman, AZ 86401

License No. ROC 329220

Re:Complaint No. 2023-06146

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 or before October 20, 2023.

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

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

Compliance Item: 1 - Leak in roof not repaired after numerous attempts and then, they stopped answering request for return dates; Investigator’s Observation: Complainants video indicated that there was still a leak at the front entry area under the eaves. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. The woodwork appears to need some tightening and paint touch up. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 2 - When last attempted to repair above leak advised them had another leak where vent cap not put on properly after their work doing some damage to ceiling drywall. I told them I think I repaired the problem but not the drywall. Told worker to relay this to boss. No reply.; Investigator’s Observation: Complainant has worked on this rear vent leak. Complainant stated leak was corrected. RESPONDENT SHOULD PROPERLY CORRECT THE BLISTERED DRYWALL CEILING, MATCHING THE SURROUNDING AREAS AS CLOSELY AS POSSIBLE. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 3 - Small area where they used rolled shingle in valley by front entrance starting to bubble up. Was going to tell them when they came back out to do above repairs Investigator’s Observation: RESPONDENT SHOULD PROPERLY CORRECT ANY LEAK ISSUES AT FRONT ENTRY AREA.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

Sincerely,

/s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: File

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

June 8, 2023

Respondent: Rugged Roofing, LLC 4196 Gemstone Ave Kingman, AZ 86401

Complainant: Steven Herold 4691 E. Linn Ranch Dr Kingman, AZ 86401

Jobsite Inspection Notice Re: Complaint Number 2023-06146

Dear Complainant and Respondent:

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

 A jobsite inspection is scheduled for June 23, 2023 at 12:00 PM.  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.

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

=========================================================== If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

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/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: FILE

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: Steven Herold 4691 E. Linn Ranch Dr Kingman, AZ 86401

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: Rugged Roofing, LLC 4196 Gemstone Ave Kingman, AZ 86401

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 8, 2023

Respondent: Rugged Roofing, LLC 4196 Gemstone Ave Kingman, AZ 86401

Complainant: Steven Herold 4691 E. Linn Ranch Dr Kingman, AZ 86401

Re: Complaint Number 2023-06146

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for June 23, 2023 at 12:00 has been rescheduled for September 19, 2023 at 10:30 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/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: file

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

June 8, 2023

Respondent: Rugged Roofing, LLC 4196 Gemstone Ave Kingman, AZ 86401

Complainant: Steven Herold 4691 E. Linn Ranch Dr Kingman, AZ 86401

Jobsite Inspection Notice Re: Complaint Number 2023-06146

Dear Complainant and Respondent:

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

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 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/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: FILE

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Steven Herold Case No. 2023-06146 COMPLAINANT, v. Rugged Roofing, LLC CITATION License No. ROC 329220,

RESPONDENT.

The Registrar issues this Citation to Rugged Roofing, LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 24, 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 30, 2023, Steven Herold (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. of 5

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Charge 2: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F).

FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-06146. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] of 5

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than November 24, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an of 5

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. of 5

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 Dated November 9, 2023. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, November 9, 2023 to:

Respondent Certified Mail No: [number redacted]

Rugged Roofing, LLC 4196 Gemstone Ave Kingman, AZ 86401 Copy mailed by USPS First Class mail this same date to: Rugged Roofing, LLC 4196 Gemstone Ave Kingman, AZ 86401 Complainant Steven Herold 4691 E. Linn Ranch Dr Kingman, AZ 86401 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. 2023-06146 / <<CreatedBy_DW>

of 5

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

602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Received 11/24/23, 8:03 AM State of Arizona Mail - Response to 20231109 Citation 11/23/2023 ROC Legal

Answers - AZROC <[email redacted]>

Response to 20231109 Citation message

Laci Mercer <[email redacted]> Thu, Nov 23, 2023 at 10:50 PM To: [email redacted] Cc: [email redacted]

Rugged Roofing formally responds to ROC citation number 2023-06146. The company has addressed the three compliance items mentioned in the citation.

The roof was completed on June 16, 2021, with a two-year warranty. See the final invoice due upon completion to Cindy Johnson.

Compliance item one was corrected before the inspection. The complainant's video indicating a leak, was taken before Rugged Roofing fixed the issue. The complainant confirmed during the inspection that the leak was no longer present. (See attached recording of inspection on 9/19/23) As for the woodwork, it requires tightening and paint touch-up due to the installation of gutters causing slight weight and pulling on the facia, which is a home maintenance issue at multiple locations on the home.

Rugged Roofing was not made aware of compliance item two until 04/24/2023 via email. The complainant stated in his email that he informed the workers completing repairs on 02/28/2023 about a leak he already fixed himself. However, no Rugged Roofing employee recalls such a discussion. The complainant stated he fixed the leak himself less then a year after roof completion,and emailed us to notify us of a leak per the inspection recording. Our company was not notified of any damage to drywall or a leak then. Complaint emailed in October 2022 reporting blown-off shingles, replaced in November 2022 with no mention of leak or drywall damage. Prior to October's email, the last email communication was 3/5/2022. Complaint emailed 2/28/23 about a leak by the front door, repair was made that same day. No mention of leak or damage to drywall in that correspondence from the homeowner either. Inspector asked the homeowner at inspection to supply email stating we were notified when this leak happened and drywall damage occured, no emails have been provided. Rugged Roofing cannot determine if the roofing job caused the damage or if it was there before we performed any work. Our company cannot be held accountable for damages or repairs caused or corrected by any other party or for an item not completed by Rugged Roofing. (See attached emails from homeowner on October 2022 and February 2023 and March 2023)

Compliance item three was corrected before the inspection. Rolled roofing was removed, and an elastomeric roof system was installed in the entryway cricket. There are no current leaks, as stated by the homeowner on 9/19/23. (See attached recording of inspection)

During the inspection, the investigator did not inspect compliance items thoroughly, as he did not get on the roof, ladder, or attic to verify issues or completed repairs.

Despite several attempts and voicemails, Rugged Roofing could not contact the investigator via phone with concerns about the written directive. The company could only communicate with a supervisor who suggested responding to the citation.

Rugged Roofing does not warranty any work or damages performed by anyone other than their employees. We, therefore, cannot warranty an item or damages that was not completed or corrected by us. Currently, the property in question has no active leaks, as stated by the homeowner in the inspection recording. Rugged Roofing has complied with repair requests within the scope of the warranty of the roof.

Thank you,

Rugged Roofing, LLC License No. ROC 329220

attachments

https://mail.google.com/mail/b/AEoRXRRzNW35L6bd_uUFh2BxXkeTKPg-H8pQIxq7W7qF3R5P0Z7n/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 1/2 Received 11/24/23, 8:03 AM State of Arizona Mail - Response to 20231109 Citation 11/23/2023 ROC Legal

IMG_39638DD2F4B1-1.jpeg 447K

4691 E. Linn Ranch Dr., Kingman.pdf 71K Follow Up on roof problems.pdf 58K 10-30-13.m4a 14588K Torn Shingles.pdf 70K 4691 E. Linn Ranch Dr, Kingman.pdf 64K Re: 4691 E. Linn Ranch Dr, Kingman.pdf 55K

https://mail.google.com/mail/b/AEoRXRRzNW35L6bd_uUFh2BxXkeTKPg-H8pQIxq7W7qF3R5P0Z7n/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 2/2 Received 11/23/2023 ROC Legal

We are having problem with water leaking under the shingle in the corner of the eave by the front door where you fixed it earlier. Could someone come out and take a look.

Thanks

Steve Herold 614-208-5396 [email redacted] 4691 E. Linn Ranch Dr., Kingman

Tap to Download Tap to Download Tap to Download 20230228_135909.jpg 20230228_135906.jpg 20230228_140450.jpg MB 3.1 MB 6.6 MB Received 11/23/2023 ROC Legal

Tanner,

Early June 29th Arturo stated he finished all he was supposed to do to our roof. He stated that he did not feel the leak was coming from the area but thought it was coming from the side between the shingles and drip edge close to where the leak was visible. He said he caulked the area and thought it would deal with the problem. I asked him about damage that may be behind the 2x4 on the inside of eave or the dry wall in the bedroom (he had inspected the attic and vent on roof and thought the repairs I did look to have stopped any leaking). He said he didn’t know what was planned for these areas.

I asked him if he could have you contact me by June 30th at noon with the issues above so I could let ROC, Inspector Corlett know if there was any further need for their involvement. He said that he did not have cellular service here but was on his way down the mountain and would relay to you as soon as he could. As of today July 12th I have not heard anything by phone, text or email from your company.

Even though I don’t like the look of the repair Arturo explained that I shouldn’t have any more trouble in the area. But since no water was applied or since we have had no rain since this is not proven. Also since he think the problem is in a different area we still need rain to determine if repairs are going to handle the problem. What I would like is something in writing that states Rugged Roofing will be responsible financially and will do a timely repair if I have any more problem with the roof for the 25 year life guaranteed life of the roof you stated from the day installed. I also would like a guarantee on if there is any water damage for the corner of the eave by the front door and the ceiling drywall in the bedroom that will need repair you will take responsibility for cost and or repair.

I would appreciate a reply by Wednesday, July 19, 2023 or at least some type of writing response on what your plans are. If you can give me in writing the above I feel we can end this issue as long as Inspector Corlett states if there is any problems in the future I can re- issue a complaint with ROC.

Thank you for your time.

Steven Herold / Cindy Johnson 4691 E. Linn Ranch Dr., Kingman [email redacted] ROC #2023-06146 Received 11/23/2023 ROC Legal

Would like to know if a return date has been set for the follow up on our roof leaking problem? Also I told the person who came out on 2/28/23 about the leak around the vent at the rear part of the house. I had fixed the reason for the leak and told him I would let him know if it fixed the problem and if any more ceiling damage occurred. As of right now with my limited experience I don't see anymore evidence of leaking or progressive damage or other negative problems.

I would also like to have a heads up prior to anyone coming out as your man stated he would need water to diagnose what needed to be done to completely solve the leaking problem. We turn off the water when not here for any period of time.

Thanks for your time

Steve Herold 4691 E. Linn Ranch Dr 614-208-5396 Received 11/23/2023 ROC Legal Received 11/23/2023 ROC Legal

You crew came out on 2/28/23 and did a temporary fix and stated they would come back to complete the job. I know the weather hasn't been friendly and we are suppose to get rain the next two days but was wondering if we had a scheduled date for them to come back? Its still leaking a little but not as bad as it was.

Steve Herold 4691 E. Linn Ranch Dr. 614-208-5396

On Tue, Feb 28, 2023 at 3:59 PM Rugged Roofing <[email redacted]> wrote: Of course! I’ll send someone up as soon as possible.

Thank you!

On Feb 28, 2023, at 2:17 PM, Steven Herold <[email redacted]> wrote:

We are having problem with water leaking under the shingle in the corner of the eave by the front door where you fixed it earlier. Could someone come out and take a look.

Thanks

Steve Herold 614-208-5396 [email redacted] 4691 E. Linn Ranch Dr., Kingman Received 11/23/2023 ROC Legal

Woke this morning and noticed two torn shingles on the roof. Attached are three pictures. Don't think it's an emergency but if you could give me an estimate on when repairs can be done I would appreciate it. I also have a few spare shingles left from when you put the new roof on.

Thanks

Steve Herold 614-208-5396 [email redacted] 4691 E. Linn Ranch Dr. Kingman, AZ 86401

Tap to Download Tap to Download Tap to Download 20221022_154732.jpg 20221022_153732.jpg 20221022_153726.jpg 3.1 MB 7.7 MB 10.2 MB 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