2023A-06291-CHC-ROC Notice of Hearing and Packet MAILED

2023A-06291-CHC-ROC · Registrar of Contractors · 2023-11-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Clark Hansen , Case No. 2023-06291 COMPLAINANT, Docket No. 2023A-06291-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE RML Custom Cabinets and Millwork LLC License No. ROC 343856,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

January 3, 2024 9:00 AM Jenna Clark 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 20, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

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

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

be a party to the hearing.

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

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

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

1156(B).

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

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

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

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

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

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

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

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

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION

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

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated November 16, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail November 16, 2023 to:

Respondent(s) RML Custom Cabinets and Millwork LLC 9257 N 85th Dr Peoria, AZ 85345 Complainant(s) Clark Hansen 3980 E. EXPEDITION WAY Phoenix, AZ 85050

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. 2023-06291 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Clark Hansen 3980 E. EXPEDITION WAY Phoenix, AZ 85050

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: RML Custom Cabinets and Millwork LLC 9257 N 85th Dr Peoria, AZ 85345

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

June 14, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-06270

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 7, 2023 at 10:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · 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, Robert Di Alto Robert Di Alto Investigator #228 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Clark Hansen 3980 E. EXPEDITION WAY Phoenix, AZ 85050

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: RML Custom Cabinets and Millwork LLC 9257 N 85th Dr Peoria, AZ 85345

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 June 28, 2023

Re: Complaint Number 2023-06291

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for July 7, 2023 at 10:30AM has been rescheduled for July 20, 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,

Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Complainant: Clark Hansen 3980 E. EXPEDITION WAY Phoenix, AZ 85050

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: RML Custom Cabinets and Millwork LLC 9257 N 85th Dr Peoria, AZ 85345

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 July 17, 2023

Re: Complaint Number 2023-06291

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for July 20, 2023 at 10:30 AM has been rescheduled for August 9, 2023 at 9:30 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,

Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Complaint #2023-06291 P 1 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 2 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 3 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 4 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 5 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 6 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 7 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 8 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 9 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 10 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 11 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 12 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 13 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 14 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 15 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 16 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 17 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 18 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 19 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complaint #2023-06291 P 20 JSI Date 8/9/2023 at 9:30 AM JSI PHOTOS Complainant: Clark Hansen 3980 E. EXPEDITION WAY Phoenix, AZ 85050

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: RML Custom Cabinets and Millwork LLC 9257 N 85th Dr Peoria, AZ 85345

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

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

License No. ROC 343856

Re:Complaint No. 2023-06291

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on 10/11/2023.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Complaint Item: Contractor is not competing work. He claims that he spent our 50% deposit and has run out of funds to complete our job in a reasonable and timely manner. Investigator’s Observation: Verified. The following areas were reviewed at this jobsite inspection; kitchen, master bathroom vanity cabinets, master closet, linen, media room cabinets and shelves. I observed that cabinets were mostly complete in the kitchen and master bathroom vanities (his & hers). I observed missing cabinet hardware, doors still needing adjustment and alignment, incomplete moldings, and poor miter joints. I also saw a miss colored decorative wall cabinet end panel that did not match the finish in the kitchen. I noted that the tall cabinetry was lacking shelving from the upper compartment. The Respondent shall correct by the appropriate means and complete as per Contract, estimate’s and change orders. 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 The master vanity base cabinet end panels and corner filler finishes do not match the shade or glazing of the doors or drawer fronts that are installed on the cabinets. There are also hinge cups and/or base plates that are missing screws. Matching toe kick cover is not completed. The Respondent shall correct by the appropriate means and complete as per Contract, estimate’s and change orders.

The linen, media cabinets and shelves, and the master bedroom walk in closets are not installed as per the Contract. The Respondent stated he would provide the Complainant a final design for review and approval, and then assemble, finish and install the cabinetry for these areas. The Respondent shall correct by the appropriate means and complete as per Contract, estimate’s and change orders. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), R4-9-108 B: A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

N/A

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

Sincerely,

Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Jobsite Inspection Notes

Case No.: 2023-06291 Investigator: Robert Di Alto Inspection Date: July 7, 2023 Inspection Time: 10:30 AM

Complainant: Clark Hansen Respondent: RML Custom Not Present: Cabinets and Millwork LLC Not Present:

Jobsite General Notes: JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. JSI photos and audio have been placed into the ROC complaint file. The Complainant stated that this project was initially accepted and approved 07/16/2022 and both parties agreed that they would work together to finalize design details moving forward. The Respondent agreed that he would need approximately 6 weeks to order product, assemble, finish, and perform the installation of and complete the project as per Contract.

Complaint Item: Contractor is not competing work. He claims that he spent our 50% deposit and has run out of funds to complete our job in a reasonable and timely manner. Investigator’s Observation: Verified. The following areas were reviewed at this jobsite inspection; Kitchen, master bathroom, master closet, linen and media room. I observed that cabinets were mostly complete in the kitchen and master Bathroom vanities (his & hers). I observed missing cabinet hardware, doors still needing adjustment and alignment, incomplete moldings, and poor miter joints. I also saw a miss colored decorative wall cabinet end panel that did not match the finish in the kitchen. I noted that the tall cabinetry was lacking shelving from the upper compartment. The Respondent shall correct by the appropriate means and complete as per Contract, estimate’s and change orders.

The master vanity base cabinet end panels and corner filler finishes do not match the shade or glazing of the doors or drawer fronts that are installed on the cabinets. There are also hinge cups and/or base plated that are missing screws. Matching toe kick cover is not completed. The Respondent shall correct by the appropriate means and complete as per Contract, estimate’s and change orders.

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

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

The linen cabinets, media cabinets and shelves, and the master bedroom walk in closet cabinets are not installed as per the Contract. The Respondent stated he would provide the Complainant a final design for review and approval, and then assemble, finish and install the cabinetry in these areas. The Respondent shall correct by the appropriate means and complete as per Contract, estimate’s and change orders. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), R4-9-108 B: A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

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

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Clark Hansen, Case No. 2023-06291 COMPLAINANT, v. RML Custom Cabinets and Millwork LLC CITATION License No. ROC 343856, RESPONDENT.

The Registrar issues this Citation to RML Custom Cabinets and Millwork LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 4, 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 June 2, 2023, Clark Hansen (“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 of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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(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. 2023-06291. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than November 4, 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 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · 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 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated October 20, 2023. By: /s/ Erin Johnson Erin Johnson Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 20, 2023 to: Respondent Certified Mail No: [number redacted] RML Custom Cabinets and Millwork LLC 9257 N. 85th Dr. Peoria, AZ 85345

Copy mailed by USPS First Class mail this same date to: RML Custom Cabinets and Millwork LLC 9257 N. 85th Dr. Peoria, AZ 85345 Complainant Clark Hansen 3980 E. Expedition Way Phoenix, AZ 85050 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. 2023-06291 / EJ

of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 ESTIMATE RML Custom Cabinets and Millwork Peoria, AZ 85345 Date 07/16/2022 623-299-6444 Estimate # 1

To Melissa Saenz Phoenix, Az

Item Quantity Unit Price Total

$26,808.33 Kitchen Cabinets 1 $26,808.33 APPROVED

Price includes upper cabinets, base cabinets, island and custom hood. Includes 52 quart trash pull-out and drawer pull- outs in all base cabinets.

Master bath cabinets 1 $2,910.41 $2,910.41 APPROVED

Includes base cabinets and hamper tilt-out cabinet.

Linen cabinet 1 $4,000.00 $4,000.00 APPROVED

Includes base cabinets, full height cabinets, and floating shelves.

Master Closet Walls & Island 1 $3,000.00 $3,000.00 APPROVED

Base cabinets with hamper tilt-out and drawers with felt lining.

Wall Unit 1 $4,000.00 $4,000.00 APPROVED

Includes Stack Stone

Sub Total $40,718.74

Total $40,718.74 Terms and Conditions Job Completion When deposit is received, materials will be ordered. This ensures lead time for materials order processing. Often the date of completion is five weeks from the date of deposit. However, this is contingent upon customer wood species selection, materials delivery, design considerations, and color selection timing. Deposit Job to commence upon receipt of fifty percent (50%) of total job cost. Typical projected order of job completion 1. Initial measurements 2. Estimate submitted 3. Estimate approved 4. 50% deposit paid 5. Final measurement visit 6. Wood species selection 7. Door style selection & Materials ordered 8. Job manufactured 9. Color selection 10. Finish work completed & installation scheduled

Signature Name Clark Hansen, NMD Date 07/17/2022 To be Room Cost Deposit Balance due at completed completion of each before or on, room, per customer per customer communication request. *Actual schedule separate 4/28/23 Kitchen $26808.33 $13,404.16 $6981.81 (this is minus the doors and drawers.) 4/28/23 Kitchen doors $4478.32 N/A – Customer 0.00 paid directly 4/28/23 Kitchen drawers $1944.03 N/A – Customer 0.00 paid directly 4/28/23 Kitchen door glazing add- $5000.00 0.00 $5000.00 on request. Supplies and Labor. 4/28/23 Master Bath $2910.41 $1455.55 $1455.00 4/28/23 (This is Master Closet (per original $3000.00 $1500.00 $1500.00 if any change specifications. Any orders do not changes will require a new require measurement, design, additional drawings, estimate). orders, shipping and production time. Please keep this in mind when making any updated decisions.) 4/28/23 (This is Linen cabinet (per original $4000.00 $2000.00 $2000.00 if any change specifications. Any orders do not changes will require a new require measurement, design, additional drawings, estimate). orders, shipping and production time. Please keep this in mind when making any updated decisions.) 4/28/23 (This is Media Wall Unit (per $4000.00 $2000.00 $2000.00 if any change original specifications. Any orders do not changes will require a new require measurement, design, additional drawings, estimate). orders, shipping and production time. Please keep this in mind when making any updated decisions.) N/A Basement and Laundry $691.84 0.00 N/A - paid pre-existing install 4/28 Guest Bath $1750.00 0.00 $0.00 (FREE) Hansen Residence Elite Woodworking 2135 W. Melinda Lane, Suite A Date Invoice #

Phoenix, AZ 85027 3/3/2023 90279

P:623-780-2724 F:623-780-8080 Bill To Customer Phone Ship To RML Custom Cabinets & Millwork 9257 N. 86th Drive 623-299-6444 Peoria, AZ 85345

P.O. No. Terms Project

90279 PAY ON RECEIPT &...

Description Amount

Hansen 3,601.58T 567.00 AZ/Phx 309.74

All unpaid Invoices past due will incur a 1.75% finance charge.

Thank you for choosing Elite Woodworking!! Total $4,478.32

Phone # Fax # Web Site Payments/Credits -$4,478.32

P: 623-780-2724 F: 623-780-8080 www.elitewoodworking net Balance Due $0.00 Elite Woodworking 2135 W. Melinda Lane, Suite A Date Invoice #

Phoenix, AZ 85027 3/3/2023 90279

P:623-780-2724 F:623-780-8080 Bill To Customer Phone Ship To RML Custom Cabinets & Millwork 9257 N. 86th Drive 623-299-6444 Peoria, AZ 85345

P.O. No. Terms Project

90279 PAY ON RECEIPT &...

Description Amount

Hansen 3,601.58T 567.00 AZ/Phx 309.74

All unpaid Invoices past due will incur a 1.75% finance charge.

Thank you for choosing Elite Woodworking!! Total $4,478.32

Phone # Fax # Web Site Payments/Credits -$4,478.32

P: 623-780-2724 F: 623-780-8080 www.elitewoodworking net Balance Due $0.00 Drawer Connection, Inc. 1936 N H g ey Road Mesa, AZ 85205 480-917-4887 auren@dcdrawers com Payment No 1936 N H g ey Rd 033943

Receipt

Payment Info Payment Method: Offline Payment Billing Address Actual Payment Method: rml custom cabinetry and millwork Reference #: 9257 N 85th Dr Memo: Peoria, AZ 85345 Payment Date: 03/06/2023

Invoices

INVOICE NAME AMOUNT

127233 Hansen $1,974.03 Total: $1,974.03 (USD)

From: QuickBooks Payments qu ckbooks@not ficat on. ntu t.com Subject: Payment confirmat on: Invo ce #Hansen - Add on-(RML Custom Cab nets and M work LLC) Date: February 20, 2023 at 9:52 AM To: c arkhansen@ c oud.com

Manage payment

You paid $691.84 to RML Custom Cabinets and Millwork LLC on 02/20/2023

Payment details Invoice no. Hansen - Add on

Invoice amount $691.84

Total amount $691.84

No additional transfer fees or taxes apply.

Status Paid

Payment method

Authorization ID

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, RML Custom Cabinets And Millwork LLC (623) 299-6444 [email redacted] 8380 W Emile Zola Ave, Peoria, AZ, 85381, US

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Security | Privacy statement | Terms of Service

Phoenix, AZ 85027 3/3/2023 90279

P:623-780-2724 F:623-780-8080 Bill To Customer Phone Ship To RML Custom Cabinets & Millwork 9257 N. 86th Drive 623-299-6444 Peoria, AZ 85345

P.O. No. Terms Project

90279 PAY ON RECEIPT &...

Description Amount

Hansen 3,601.58T 567.00 AZ/Phx 309.74

All unpaid Invoices past due will incur a 1.75% finance charge.

Thank you for choosing Elite Woodworking!! Total $4,478.32

Phone # Fax # Web Site Payments/Credits -$4,478.32

P: 623-780-2724 F: 623-780-8080 www.elitewoodworking net Balance Due $0.00 CABINETRY AGREEMENT 2022 1. Customers are placed on the list for project completion upon receipt of deposit. This ensures lead time for supplies and materials order processing and shipping. Date of completion is contingent upon project site readiness, customer wood species selection time, materials delivery, design considerations, and color selection timing. Once the cabinetry is ready for delivery and installation, you will be contacted by the shop to schedule. 2. Changes to the agreed upon design and drawings are subject to a change order fee that include material, time, and labor costs. It is imperative that the customer reviews drawings and specifications prior to final approval, to avoid delays and additional fees. 3. All plumbing, electrical, drywall and painting must be completed prior to cabinetry installation. If these items are incomplete at the time of scheduled delivery, cabinetry will not be installed and will be subject to storage fees and an additional delivery charge upon rescheduling of installation. 4. A 50% deposit of the total job cost is due at the time of contract signing. 25% of the total cost is due for the delivery of cabinetry. Customers will be invoiced three (3) days prior to delivery of cabinetry. Payment must be received 24 hours prior to scheduled delivery. The remaining 25% of the job cost will be due upon completion of installation of agreed upon project. Good afternoon,

Please see the below schedule for your project installation. Should you have any questions, please reach out to RML at [email redacted].

Task Scheduled Completed Deposit Final date received payment received Kitchen cabinets installation X X Bathroom cabinets installation X X Basement cabinets installation X Laundry cabinets installation X Entertainment center 2/24/23 X Closet 2/6/23 X Linen 2/10/23 X Doors and drawer installation 2/14-17 x Job notes * 8/1/22 Customer placed on list for job completion once site is ready. 10/7/22 Site has had delays in framing (several months of delays), flooring, and design. Cabinetry is not an initial construction piece, but instead requires framing, flooring, and solidified design to be complete, for obvious reasons including being finish carpentry. 11/16/22 Additional modifications have been requested by the customer throughout project timeline, causing a change in fabrication timing and final cost. Scheduling and cost will be communicated at completion of door and drawer installation in kitchen and bathrooms. 11/24 – 11/26/22 RML Custom Cabinets and Millwork closed for Thanksgiving. 12/14/22 NO extra charge was added for change order in master bathroom (hers) and NO charge added for change order in downstairs bathroom. Invoicing will reflect this provision au gratis. 12/20/22 Met with electrician at 8:30 am to discuss moving electrical to accommodate changes. Electrician will communicate when changes have been made so that project can continue to progress. 12/23 – 12/27/22 RML closed for the Christmas holiday. 12/28/22 Moved fridge uppers. 12/30/22 - RML Closed in observance of New Year’s Day. 1/5/23 Installed shelving in kitchen. *1/8/23 Owner and operator of RML, Robert Lee, was admitted to the hospital with life threatening bilateral pulmonary embolisms. We thank our customers who have poured an abundance of care and concern through not only uplifting words, but also deeds. All jobs have been placed on hold and will resume on 1/23/23; unless otherwise contacted.

*Job schedule and notes are subject to change on a regular basis during project. RML Custom Cabinets and Millwork LLC Estimate 8380 W Emile Zola Ave Peoria, AZ 85381 US (623) 299-6444 [email redacted] ADDRESS Dr Clark Hansen

ESTIMATE # DATE EXPIRATION DATE Hansen 03/12/2023 03/10/2023 PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT.

DEPOSIT 20359.37

ACTIVITY AMOUNT

Custom Kitchen 31,808.33 Includes: labor, supplies and materials (including hinges and drawer guides), delivery, and installation for Upper cabinets, base cabinets, island, doors, 52qt trash pull- out, drawer pull-outs in all base cabinets and custom hood. Finish work to include customer selected glazing. Master Bathroom 2,910.41 Includes: Supplies and materials, labor, delivery and installation of base cabinets and hamper tilt-out cabinet. Guest Bath 1,750.00 Includes: Supplies and materials, labor, delivery and installation of base cabinets. To be completed au gratis (reflected as discount). Basement and Laundry room 691.84 Includes: Installation of pre-existing cabinetry. * Please see attachments for project SUBTOTAL 37,160.58 information. DISCOUNT -1,801.84 * Invoice to reflect all payments. TAX 0.00 TOTAL $35,358.74

Accepted By Clark Hansen Accepted Date 03/09/2023 RML Custom Cabinets and Millwork LLC 8380 W Emile Zola Ave Peoria, AZ 85381 US [email redacted]

INVOICE BILL TO INVOICE Hansen Dr Clark Hansen DATE 03/12/2023 TERMS Days DUE DATE 04/21/2023

PAYMENT METHOD Check

DEPOSIT 20359.37

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT

11/16/2022 Custom Kitchen Includes: labor, supplies and materials 1 31,808.33 31,808.33 (including hinge and drawer guide ), delivery, and installation for Upper cabinets, base cabinets, island, doors, 52qt trash pull-out, drawer pull-outs in all ba e cabinet and cu tom hood Finish work to include customer selected glazing.

12/14/2022 Master Bathroom Includes: Supplies and materials, labor, 1 2,910.41 2,910.41 delivery and installation of base cabinets and hamper tilt-out cabinet.

12/14/2022 Guest Bath Includes: Supplies and materials, labor, 1 1,750.00 1,750.00 delivery and installation of base cabinet Completed au gratis (reflected as discount).

12/28/2022 Basement and Laundry Includes: Installation of pre-existing 1 691.84 691.84 room cabinetry.

SUBTOTAL 37,160 58

DISCOUNT -1,801.84

TAX 0.00

TOTAL 35,358.74

DEPOSIT 20,359 37

PAYMENT 7,092.35

BALANCE DUE $7,907.02

ESTIMATE RML Custom Cabinets and Millwork Peoria, AZ 85345 Date 07/16/2022 623-299-6444 Estimate # 1

To Melissa Saenz Phoenix, Az

Item Quantity Unit Price Total

$26,808.33 Kitchen Cabinets 1 $26,808.33 APPROVED

Price includes upper cabinets, base cabinets, island and custom hood. Includes 52 quart trash pull-out and drawer pull- outs in all base cabinets.

Master bath cabinets 1 $2,910.41 $2,910.41 APPROVED

Includes base cabinets and hamper tilt-out cabinet.

Linen cabinet 1 $4,000.00 $4,000.00 APPROVED

Includes base cabinets, full height cabinets, and floating shelves.

Master Closet Walls & Island 1 $3,000.00 $3,000.00 APPROVED

Base cabinets with hamper tilt-out and drawers with felt lining.

Wall Unit 1 $4,000.00 $4,000.00 APPROVED

Includes Stack Stone

Sub Total $40,718.74

Signature Name Clark Hansen, NMD Date 07/17/2022 RML Custom Cabinets and Millwork LLC 8380 W Emile Zola Ave Peoria, AZ 85381 US [email redacted]

INVOICE BILL TO INVOICE Hansen Dr Clark Hansen DATE 07/16/2022 TERMS Due on receipt DUE DATE 03/12/2023

DEPOSIT 20359.37

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT

Master Bathroom Includes base cabinets and hamper tilt- 1 2,910.41 2,910.41 out cabinet

02/06/2023 Master Closet Walls and island. Base cabinets with 1 3,000.00 3,000.00 hamper tilt out and drawer with felt lining.

02/10/2023 Linen cabinet Include ba e cabinet , full height 1 4,000 00 4,000 00 cabinets, and floating shelves.

02/17/2023 Kitchen Build, fini h, in tall Upper cabinet , 1 26,808 33 26,808 33 base cabinets, island and custom hood. Includes 52 qt trash pull-out and drawer pull-outs in all base cabinets.

02/24/2023 Wall unit Includes stack stone 1 4,000.00 4,000.00

Customers are placed on the list for completion upon receipt of deposit This SUBTOTAL 40,718 74 ensures lead time for materials order processing and shipping Often the date of completion (for one kitchen) is five weeks from the date of deposit However, TAX 0.00 this is contingent upon project site readiness, customer wood species selection time, materials delivery, design considerations, and color selection timing TOTAL 40,718.74 Change orders will prolong the project completion timeline We appreciate your business and look forward to working with you again soon PAYMENT 26,811.72

BALANCE DUE $13,907.02

Received 11/04/2023 ROC Legal

Written Answer to Citation and Complaint - Case No. 2023-06291

To whom it may concern,

This letter is in response to the citation received re: Case No. 2023-06291.

In response to Charge 1:

RML Custom Cabinets and Millwork has worked diligently in a professional and workmanlike manner to attempt to satisfy the customer's requests as they have arose throughout the project. Unfortunately, regardless of the countless efforts to complete the project per a satisfactory timeline, even as there were circumstances beyond the control of the owner/operator, the customer has been unwilling to understand, within the professional scope of the industry. Repeated efforts have been made on a regular basis by RML Custom Cabinets and Millwork to meet the demands of the customer, within industry standards, and is met with complaint and opposition at every turn. RML Custom Cabinets and Millwork is of the belief that the customer is attempting to obtain work done without having to submit payment; which has been a red flag from the beginning of the project. This belief is due to complaints resulting in a delay of the progress of the project, complaints of cost from the beginning of project, as well as communication and messaging from the customer being inconsistent depending on the medium (i.e. in-person, email, phone, text).

In response to Charge 2:

After receiving written directive, all cabinetry was installed by the date given on the directive, with the exception of the Media Wall. The customer agreed that the Media Wall should be installed after they were to return from out of state travel. In an effort to accomodate the customer's travel plans, RML Custom Cabinets and Millwork agreed to complete the Media Wall upon the customer's return.

Sincerely,

Robert Lee

RML Custom Cabinets and Millwork, LLC Received 11/6/23, 8:31 AM State of Arizona Mail - Written Answer to Citation and Complaint - Case No. 2023-06291 11/04/2023 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint - Case No. 2023-06291 message

RML Custom Cabinets and Millwork LLC <[email redacted]> Sat, Nov 4, 2023 at 10:20 PM To: "[email redacted]" <[email redacted]>

Please see the attached answer for Case No. 2023-06291.

Sincerely,

Robert Lee

RML Custom Cabinets and Millwork, LLC

Response to ROC Citation.rtf 3K

https://mail.google.com/mail/b/AEoRXRS8OeQeoQLHyHA9yfqhtayIH986AqNtQWl9g-3DP7pk6fTM/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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