2023A-06584-CHC-ROC Notice of Hearing & Packet MAILED 2023-06584.pdf

2023A-06584-CHC-ROC · Registrar of Contractors · 2024-08-09

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Laura Johnson , Case No. 2023-06584

COMPLAINANT, Docket No. 2023A-06584-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Mountain Skyline Construction LLC License No. ROC 331174,

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

HEARING INFORMATION The hearing is set for:

August 22, 2024 9:00 AM Tammy Eigenheer 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 April 29, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

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

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

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

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET

In the interests of administrative efficiency, the Registrar compiles and discloses

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated July 16, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail July 16, 2024 to:

Respondent(s) Mountain Skyline Construction LLC 9123 Gampel Ln Show Low, AZ 85901

Respondent's Attorney Kiel S. Berry, Esq. 258 South Main Street Suite.140 Logan, UT 84321 Complainant(s) Laura Johnson 1030 Hillshire Circle Taylor, AZ 85939

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-06584 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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: Laura Johnson 1030 Hillshire Circle Taylor, AZ 85939

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: Mountain Skyline Construction llc DBA: 9123 Gampel Ln Show Low, AZ 85901

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 13, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-06584

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 13, 2023 at 11:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. 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, Miles Crosby Miles Crosby, Investigator #213 928 6370485 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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 Katie Hobbs, Governor Martín Quezada, Director

(DELETE THIS ADDRESS/PAGE IF NOT WARRANTED) License mailing address (if different from account/company address of record):

Mountain Skyline Construction llc

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

(DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

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

(DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

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: Laura Johnson 1030 Hillshire Circle Taylor, AZ 85939

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: Mountain Skyline Construction llc DBA: 9123 Gampel Ln Show Low, AZ 85901

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 July 25, 2023

License No. ROC 331174

Re:Complaint No. 2023-06584

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 August 26, 2023.

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

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

The Respondent should correct the underlying issue by appropriate means prior to correcting the other items.

Compliance Item: 1 - The foundation slab is settling/shifting toward the east side of the property. Most of the following complaints are caused by the settling/shifting of the foundation. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by

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 appropriate means. 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 - Sewer Main is holding water on east side and not flowing properly (Diagnosed by Major League Plumbing 5/8/23). When water drains, it makes a gurgling sound throughout different parts of the house. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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 - Exterior siding is shifting and separating. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 4 - Countertops in hallway bathroom and kitchen are loosening and separating from the wall. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - Flooring is uneven and bouncy. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 6 - Decorative stones on front exterior corners of the house are cracking and coming loose. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 7 - Insufficient weather stripping on garage roll up door and all perimeter doors. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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 C009 04/21 Compliance Item: 8 - Visible cracks in concrete all throughout property (Garage, Driveway, Front Patio, West side patio slab). The front curb is severely cracked in several places as well. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 9 - Closet door in Bedroom 3 does not close. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 10 - Bedroom 2 Door does not close. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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

Compliance Item: 12 - Master Bathroom shower does not drain properly. Shower drain is not in the correct location and needs to be relocated to the center of the shower. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 13 - Separation of Drywall all throughout the house. Foundation repair needs to be done before drywall repair. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 14 - The wood framework is showing cracking on back patio and throughout the exterior of the house. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 15 - The bottom frame is separating from the house on the east side of the property, creating a large gap to allow pests into the house. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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.

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

Compliance Item: 16 - Venting location is above AC Unit Investigator’s Observation: I observed the issue as described by the Complainant. However, the vent meets standards and does not directly impact the Governing Rule:

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

Sincerely,

Miles Crosby Miles Crosby, Investigator #213 928 6370485 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Choose an item. Choose an item. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Choose an item. Choose an item.

License mailing address (if different from account/company address of record):

Mountain Skyline Construction llc

9123 Gampel Ln Show Low, AZ 85901

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

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.: 2023-06584 Investigator: Miles Crosby Inspection Date: July 13, 2023 Inspection Time: 11:00 AM

Complainant: Laura Johnson Respondent: Mountain Skyline Not Present: Construction llc Not Present:

Jobsite General Notes:

JSI photos taken with my Google Pixel 3a work phone JSI audio recorded with my Olympus DM-720 JSI photos and audio have been placed into the Salesforce Case folder.

Both the Complainant and Respondent have sought independent 3rd party evaluation regarding the soil and foundation. It was determined that there is expansive soil under half of the house causing all the issues other than item 16. Items 1 – 15 are all a direct result of the foundation issues and soil composition. After review of the documentation and statements from the Respondent, it would be reasonable for the corrective action on the foundation and soil to be completed prior to the correction of the items. The Respondent as a contractor is in the position of accepting the substrate that the next material will be attached or constructed to. In this regard, the Respondent should correct by appropriate mean.

Complaint Item: 1 - The foundation slab is settling/shifting toward the east side of the property. Most of the following complaints are caused by the settling/shifting of the foundation. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 2 - Sewer Main is holding water on east side and not flowing properly (Diagnosed by Major League Plumbing 5/8/23). When water drains, it makes a gurgling sound throughout different parts of the house. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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 - Exterior siding is shifting and separating. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 4 - Countertops in hallway bathroom and kitchen are loosening and separating from the wall. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 5 - Flooring is uneven and bouncy. Investigator’s Observation: I observed the issue as described by 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

Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 6 - Decorative stones on front exterior corners of the house are cracking and coming loose. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 7 - Insufficient weather stripping on garage roll up door and all perimeter doors. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 8 - Visible cracks in concrete all throughout property (Garage, Driveway, Front Patio, West side patio slab). The front curb is severely cracked in several places as well. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 9 - Closet door in Bedroom 3 does not close. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 10 - Bedroom 2 Door does not close. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 11 - Master Bathroom shower grout lines are cracking/separating. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 12 - Master Bathroom shower does not drain properly. Shower drain is not in the correct location and needs to be relocated to the center of the shower. Investigator’s Observation: I observed the issue as described by 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

Complaint Item: 13 - Separation of Drywall all throughout the house. Foundation repair needs to be done before drywall repair. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 14 - The wood framework is showing cracking on back patio and throughout the exterior of the house. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 15 - The bottom frame is separating from the house on the east side of the property, creating a large gap to allow pests into the house. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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

Complaint Item: 16 - Venting location is above AC Unit Investigator’s Observation: I observed the issue as described by the Complainant. However, the vent meets standards and does not directly impact the Governing Rule:

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

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

Complainant: Laura Johnson 1030 Hillshire Circle Taylor, AZ 85939

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: Mountain Skyline Construction LLC DBA: 9123 Gampel Ln Show Low, AZ 85901

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

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

License No. ROC 331174

Re:Complaint No. 2023-06584 DAY EXTENSION WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

Compliance Item: 1 - The foundation slab is settling/shifting toward the east side of the property. Most of the following complaints are caused by the settling/shifting of the foundation. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 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 C009 04/21 Compliance Item: 5 - Flooring is uneven and bouncy. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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 C009 04/21 Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 11 - Master Bathroom shower grout lines are cracking/separating. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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 C009 04/21 Compliance Item: 12 - Master Bathroom shower does not drain properly. Shower drain is not in the correct location and needs to be relocated to the center of the shower. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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 C009 04/21 Compliance Item: 15 - The bottom frame is separating from the house on the east side of the property, creating a large gap to allow pests into the house. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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.

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

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

Sincerely,

Miles Crosby Miles Crosby, Investigator #213 928 6370485 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant Choose an item. Choose an item.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Laura Johnson 1030 Hillshire Circle Taylor, AZ 85939

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: Mountain Skyline Construction LLC DBA: 9123 Gampel Ln Show Low, AZ 85901

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 11, 2023

License No. ROC 331174

Re:Complaint No. 2023-06584

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

Compliance Item: 1 - The foundation slab is settling/shifting toward the east side of the property. Most of the following complaints are caused by the settling/shifting of the foundation. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

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

Sincerely,

Miles Crosby Miles Crosby, Investigator #213 928 6370485 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Choose an item. Choose an item. Choose an item. Choose an item.

License mailing address (if different from account/company address of record): 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Mountain Skyline Construction LLC

9123 Gampel Ln Show Low, AZ 85901

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Laura Johnson 1030 Hillshire Circle Taylor, AZ 85939

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C018 4/21 Respondent: Mountain Skyline Construction LLC DBA: 9123 Gampel Ln Show Low, AZ 85901

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C018 4/21 November 16, 2023

Re: Complaint No: 2023-06584 Filed by Laura Johnson against Mountain Skyline Construction LLC Please be advised that we are closing this complaint pursuant to:

The Complainant and Respondent are working together to complete/fulfill the Written Directive. Due to the extent of time needed to comply with the Written Directive the case will be closed, at this time. The Complainant may reopen the complaint within six months if the progress does not continue or the work is not completed.

If you have further questions, please feel free to contact me.

Sincerely, Miles Crosby Miles Crosby, Investigator #213 928 6370485 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C018 4/21 Complainant: Laura Johnson 1030 Hillshire Circle Taylor, AZ 85939

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

C012 12/23 Respondent: Mountain Skyline Construction LLC DBA: 9123 Gampel Ln Show Low, AZ 85901

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

C012 12/23 April 9, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-06584

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the compliance jobsite inspection scheduled for April 15, 2024 at 1:00 PM has been rescheduled for Friday, April 12, 2024 at 10:00 AM.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

C012 12/23 Complainant: Laura Johnson 1030 Hillshire Circle Taylor, AZ 85939

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

C012 12/23 Respondent: Mountain Skyline Construction LLC DBA: 9123 Gampel Ln Show Low, AZ 85901

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

C012 12/23 April 9, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-06584

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Monday, April 15, 2024 at 1:00 PM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

C012 12/23 Complainant: Laura Johnson 1030 Hillshire Circle Taylor, AZ 85939

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Mountain Skyline Construction LLC DBA: 9123 Gampel Ln Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-06584 Investigator: Miles Crosby Inspection Date: Friday, April 12, 2024 Inspection Time: 10:00 AM

Compliance Jobsite General Notes: CJSI photos taken with my Google Pixel 3a work phone CJSI audio recorded with my Olympus DM-720 CJSI photos and audio have been placed into the Salesforce Case folder.

The underlying cause being the expansive soil conditions, has not been corrected. It was advised to let the soil dry out and settle at the recommendation of both the Complainants and Respondents Geotechnical Engineers, foundation professionals. However, the soil has not dried any further and continues to have an active moisture issues that has not been identified. It was advised by the Complainant that little action has been taken by the Respondent. The Respondent has advised they are still waiting as advised by the Geotechnical Engineers. But due to the continual issue and further damage being caused, the Complainant sought council who advised to file another complaint prior to the 2 year jurisdictional timeline. Reference 2024-04028. If this complaint was to be opened and investigated, it would have only furthered the process.

Notwithstanding to the recommendations by the Geotechnical Engineers, the issue remains that the Respondent has not been diligently working towards a resolution/correction. This is evident by the new holes dug just the week prior to this Compliance Inspection. This action should have been completed within a few weeks of the original complaint filing and Geotech analysis, not the once the Complainant felt the need to have the complaint reopened. Though the Respondent states willingness to cure, diligent effort has not been demonstrated.

The Complainant advised and provided a Town of Taylor building permit card that shows lack of inspections being completed. However, this may not be the last official record of the Town of Taylor inspection process. This is not within the jurisdiction of the ROC to determine.

The fact remains that there is a serious issue with the foundation that has not been addressed adequately. Regardless to the recommendations of the Geotechnical Engineers, to wait and let the soil dry out before further evaluation, the Complainant purchased a new build residence that should meet codes and standards without worry or concern. It is reasonable that irrespective to the cause of foundation problem, this is not within the Complainants ability to correct of control and the issue is getting worse.

I must also note that it is not within the ROC’s jurisdiction to enforce soil testing as this would fall under the authority of the Local Building Official as noted in IRC R401.4. Although, the area is known for expansive soils, the ROC can only require the Respondent to “Correct by Appropriate Means” and no specific action. Please note the IRC reference below.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Findings:

Compliance Item: 1 - The foundation slab is settling/shifting toward the east side of the property. Most of the following complaints are caused by the settling/shifting of the foundation. Compliance Observation: This complaint item has not been corrected by appropriate means. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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 - Sewer Main is holding water on east side and not flowing properly (Diagnosed by Major League Plumbing 5/8/23). When water drains, it makes a gurgling sound throughout different parts of the house. Compliance Observation: This complaint item has not been corrected by appropriate means. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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 - Exterior siding is shifting and separating.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Observation: Respondent has been actively correcting issues created by the existing soil/foundation problems. However, without addressing the underlying cause(s) these corrections are temporary. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 4 - Countertops in hallway bathroom and kitchen are loosening and separating from the wall. Compliance Observation: Respondent has been actively correcting issues created by the existing soil/foundation problems. However, without addressing the underlying cause(s) these corrections are temporary. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 5 - Flooring is uneven and bouncy. Compliance Observation: This complaint item has not been corrected by appropriate means. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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 C013 12/23 Compliance Item: 6 - Decorative stones on front exterior corners of the house are cracking and coming loose. Compliance Observation: Respondent has been actively correcting issues created by the existing soil/foundation problems. However, without addressing the underlying cause(s) these corrections are temporary. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 7 - Insufficient weather stripping on garage roll up door and all perimeter doors. Compliance Observation: This complaint item has not been corrected by appropriate means. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 8 - Visible cracks in concrete all throughout property (Garage, Driveway, Front Patio, West side patio slab). The front curb is severely cracked in several places as well. Compliance Observation: This complaint item has not been corrected by appropriate means. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - Closet door in Bedroom 3 does not close. Compliance Observation: This complaint item has not been corrected by appropriate means. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 10 - Bedroom 2 Door does not close. Compliance Observation: This complaint item has not been corrected by appropriate means. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 11 - Master Bathroom shower grout lines are cracking/separating. Compliance Observation: Respondent has been actively correcting issues created by the existing soil/foundation problems. However, without addressing the underlying cause(s) these corrections are temporary. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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 C013 12/23 Compliance Item: 12 - Master Bathroom shower does not drain properly. Shower drain is not in the correct location and needs to be relocated to the center of the shower. Compliance Observation: This complaint item has not been corrected by appropriate means. However, due to the lifting of the residence, the shower is draining better but not as in intended by design. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 13 - Separation of Drywall all throughout the house. Foundation repair needs to be done before drywall repair. Compliance Observation: This complaint item has not been corrected by appropriate means. Respondent has been actively correcting issues created by the existing soil/foundation problems. However, without addressing the underlying cause(s) these corrections are temporary. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 14 - The wood framework is showing cracking on back patio and throughout the exterior of the house. Compliance Observation: Respondent has been actively correcting issues created by the existing soil/foundation problems. However, without addressing the underlying cause(s) these corrections are temporary.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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: 15 - The bottom frame is separating from the house on the east side of the property, creating a large gap to allow pests into the house. Compliance Observation: Respondent has been actively correcting issues created by the existing soil/foundation problems. However, without addressing the underlying cause(s) these corrections are temporary. Investigator’s Observation: I observed the issue as described by the Complainant. Does not meet standards. Respondent should correct by appropriate means. 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.

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

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

Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted]

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complaint #2023-06584 P 1 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 2 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 3 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 4 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 5 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 6 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 7 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 8 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 9 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 10 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 11 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 12 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 13 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 14 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 15 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 16 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 17 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 18 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 19 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 20 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 21 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 22 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 23 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 24 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 25 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 26 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 27 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 28 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 29 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 30 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 31 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 32 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 33 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 34 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 35 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 36 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 37 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 38 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 39 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 40 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 41 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 42 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 43 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 44 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 45 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 46 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 47 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 48 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 49 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 50 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 51 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 52 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 53 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 54 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 55 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 56 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 57 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 58 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 59 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 60 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 61 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 62 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 63 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 64 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 65 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 66 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 67 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 68 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 69 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 70 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 71 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 72 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 73 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 74 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 75 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 76 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 77 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 78 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 79 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 80 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 81 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 82 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 83 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 84 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 85 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 86 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 87 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 88 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 89 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 90 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 91 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 92 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 93 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 94 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 95 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 96 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 97 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 98 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 99 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 100 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 101 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 102 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 103 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 104 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 105 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 106 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 107 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 108 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 109 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 110 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 111 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 112 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 113 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 114 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 115 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 116 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 117 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 118 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 119 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 120 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 121 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 122 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 123 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 124 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 125 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 126 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 127 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 128 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 129 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 130 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 131 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 132 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 133 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 134 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 135 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 136 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 137 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 138 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 139 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 140 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 141 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 142 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 143 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 144 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 145 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 146 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 147 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 148 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 149 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 150 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 151 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 152 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 153 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 154 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 155 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 156 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 157 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 158 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 159 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 160 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 161 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 162 CJSI date April 12, 2024 at 2:00 PM CJSI PHOTOS Complaint #2023-06584 P 1 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 2 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 3 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 4 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 5 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 6 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 7 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 8 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 9 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 10 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 11 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 12 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 13 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 14 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 15 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 16 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 17 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 18 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 19 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 20 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 21 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 22 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 23 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 24 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 25 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 26 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 27 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 28 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 29 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 30 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 31 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 32 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 33 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 34 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 35 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 36 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 37 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 38 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 39 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 40 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 41 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 42 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 43 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 44 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 45 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 46 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 47 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 48 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 49 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 50 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 51 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 52 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 53 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 54 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 55 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 56 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 57 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 58 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 59 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 60 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 61 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 62 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 63 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 64 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 65 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 66 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 67 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 68 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 69 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 70 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 71 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 72 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 73 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 74 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 75 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 76 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 77 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 78 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 79 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 80 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 81 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 82 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 83 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 84 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 85 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 86 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 87 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 88 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 89 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 90 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 91 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 92 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 93 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 94 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 95 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 96 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 97 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 98 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 99 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 100 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 101 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 102 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 103 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 104 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 105 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 106 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 107 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 108 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 109 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 110 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 111 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 112 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 113 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 114 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 115 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 116 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 117 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 118 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 119 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 120 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 121 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 122 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 123 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 124 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 125 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 126 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 127 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 128 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 129 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 130 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 131 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 132 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 133 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 134 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 135 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 136 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 137 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 138 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 139 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 140 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 141 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 142 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 143 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 144 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 145 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 146 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 147 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 148 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 149 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 150 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 151 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 152 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 153 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 154 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 155 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 156 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 157 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 158 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 159 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 160 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 161 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS Complaint #2023-06584 P 162 JSI date April 12, 2024 at 10:00 AM JSI PHOTOS REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Laura Johnson Case No. 2023-06584 COMPLAINANT, v. Mountain Skyline Construction LLC CITATION License No. ROC 331174,

RESPONDENT.

The Registrar issues this Citation to Mountain Skyline Construction LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 14, 2024, 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).

of 6

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 THE WRITTEN COMPLAINT On June 11, 2023, Laura Johnson (“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.

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).

of 6

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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. 2023-06584. 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] 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 May 14, 2024. 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,

of 6

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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 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

of 6

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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. Dated April 29, 2024. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors

of 6

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, April 29, 2024 to:

Respondent Certified Mail No: [number redacted]

Mountain Skyline Construction LLC 9123 Gampel Ln Show Low, AZ 85901

Copy mailed by USPS First Class mail this same date to:

Mountain Skyline Construction LLC 9123 Gampel Ln Show Low, AZ 85901

Complainant Laura Johnson 1030 Hillshire Circle Taylor, AZ 85939 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. 2023-06584 / <<CreatedBy_DW>

of 6

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Received 5/14/2024 ROC Legal

Kiel S. Berry (#026636) BERRY PLLC 258 South Main Street Suite 140 Logan, Utah 84321 (435) 213-3239 [email redacted] Attorney for Respondent

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

LAURA JOHNSON WRITTEN ANSWER TO CITATION AND COMPLAINT Complainant, Case No. 2023-06584 v.

MOUNTAIN SKYLINE CONSTRUCTION LLC, LICENSE NO. ROC 331174

Respondent.

Pursuant to A.R.S. § 32-1155, Respondent Mountain Skyline Construction

LLC provides the following answer to the above-referenced citation complaint. The

issues Complainant references were caused by a latent soils issue on her property,

not by defective workmanship. Respondent contests all charges and requests that the

citation and complaint be dismissed with no action taken against Respondent’s

license.

Received 5/14/2024 ROC Legal

Charge 1

Administrative Rule R4-9-108(a) requires contractors to perform their work in

a professional, workmanlike manner. But this does not mean that a contractor

becomes an insurer against anything that might happen to a home. Instead, a

contractor is only responsible when it fails to 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.”

Zambrano v. M & RC II LLC, 254 Ariz. 53, 60, 517 P.3d 1168, 1175 (2022). Indeed,

the Arizona Purchaser Dwelling Act defines a “construction defect” as a “material

deficiency in the design, construction, manufacture, repair, alteration, remodeling or

landscaping of a dwelling that is the result of one of the following: (a) A violation of

construction codes applicable to the construction of the dwelling[;] (b) The use of

defective materials, products, components or equipment in the design, construction,

manufacture, repair, alteration, remodeling or landscaping of the dwelling[;] (c) The

failure to adhere to generally accepted workmanship standards in the community.”

A.R.S. § 12-1361. In short, a builder is not responsible for defects not attributable to

the builder. See Richards v. Powercraft Homes, Inc., 139 Ariz. 242, 245, 678 P.2d 427,

430 (1984).

Here, after significant investigation by multiple experts, there is simply no

indication that the issues with Complainant’s home are the result of poor

workmanship by Respondent. As Complainant notes in her initial complaint, most of

the issues are caused by foundation movement. That movement is due to heaving on

Received 5/14/2024 ROC Legal

the lot caused by a pocket of clay soil near the front of the parcel with abnormally

high moisture content.

Respondent can demonstrate that all plans and codes were followed during

construction and that appropriate means and methods were used. In fact, (as is

Respondent’s practice) Respondent exceeded the specifications for the footings and

foundation on the home. Respondent had already overseen the construction of other

homes in the subdivision and did not encounter any abnormal conditions during

excavation of Complainant’s lot that would have prompted further investigation. Put

simply, Respondent met or exceeded the construction standards in the area. The

damage to the home is the result of a latent soil issue and not poor workmanship.

Respondent did not violate A.R.S. 32-1154(A)(3) - R4-9-108(a).

Charge 2

Despite the fact that Respondent is not responsible for the home’s issues,

Respondent has (in an act of good faith) spent countless hours without compensation

working to address Complaint’s problems and trying to pinpoint the cause so that

appropriate remedial action can be taken. Since the problem was first discovered,

Respondent has taken continuous action, including coordinating and working with

experts to test soils, arranging for water and sewer tests, performing repairs to

drywall, trim, electrical work, and other items, and repeatedly responding to

Complainant’s messages and requests.

Obviously, a fix cannot be recommended until the cause of the high moisture

content is discovered and addressed. Multiple borings have been taken and tests

Received 5/14/2024 ROC Legal

performed. In approximately November 2023, the geotechnical engineer advised the

parties to wait 12-18 months to see if the moisture content of the soil decreases before

attempting further work. At this time, engineers are coordinating with other

foundation experts to develop a recommendation. Although the process has not been

quick, it has been diligently pursued. Moreover, Respondent was not in violation of

any statutes or rules in the first place. As a result, Respondent has not violated A.R.S.

32-1154(A)(22).

Conclusion

Respondent sympathizes with Complainant’s position and has done everything

within its power to address the situation. But that said, Respondent neither caused

the issues nor violated any law or regulation. As a result, Respondent respectfully

requests that the citation be dismissed with no action taken against Respondent’s

license.

DATED: May 14, 2024 BERRY PLLC

/s/ Kiel S. Berry Kiel S. Berry Attorney for Respondent

Certificate of Service

On May 14, 2024, I emailed the foregoing document to the Arizona Registrar of Contractors at [email redacted].

/s/ Kiel S. Berry

Received 5/15/24, 9:21 AM State of Arizona Mail - Written Answer to Citation and Complaint; Case No. 2023-065845/14/2024 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint; Case No. 2023-06584 message

Kiel Berry <[email redacted]> Tue, May 14, 2024 at 3:44 PM To: "[email redacted]" <[email redacted]> Cc: Mountainskylineconstruction <[email redacted]>, Taylor Berry <[email redacted]>

To Whom It May Concern,

Please see the attached answer in Case No. 2023-06584.

Thanks,

Kiel

Kiel S. Berry

BERRY PLLC½CONSTRUCTION • REAL ESTATE • LITIGATION

258 South Main Street, Suite 140, Logan, UT 84321 ½ 435.213.3445 ½ berry-pllc.com

240514_ 377-00177_ANS_to ROC Citation 2023-06584_F.pdf 86K

https://mail.google.com/mail/b/AEoRXRTiq8XP4uh4pRmoY9s4u8Y1Nm-jSm9kV1CwOg-8IKPvLz3r/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Laura Johnson, Case No. 2023-06584 COMPLAINANT, v. Mountain Skyline Construction LLC, ORDER DENYING REQUEST TO License No. ROC 331174, DISMISS RESPONDENT.

BACKGROUND On April 29, 2024 the Registrar issued a citation against Respondent’s License No. ROC 331174. Respondent filed its Answer on May 14, 2024 The Answer included a request to dismiss the citation and close the complaint. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated June 20, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors // //

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Copy mailed via USPS First Class mail June 20, 2024 to:

Respondent(s) Mountain Skyline Construction LLC 9123 Gampel Ln Show Low, AZ 85901 Kiel S. Berry, Esq. 258 South Main Street Suite 140 Logan, UT 84321 Complainant(s) Laura Johnson 1030 Hillshire Circle Taylor, AZ 85939 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-06584/ GM

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 8/30/23, 9:37 AM State of Arizona Mail - Re: Miles Crosby has shared "20230725 C009 Written Directive 2023-06584.pdf" + 1 files with you

Miles Crosby <[email redacted]>

Re: Miles Crosby has shared "20230725 C009 Written Directive 2023- 06584.pdf" + 1 files with you messages

Mountainskylineconstruction <[email redacted]> Sat, Aug 26, 2023 at 11:30 PM To: Miles Crosby <[email redacted]>

Regarding the written directive MSC feels like the foundation problem is outside of our control. MSC has a solid foundation under the house. MSC believes that this problem is an "act of Nature ". We would like to "Appeal the Decision"

Thanks Again, Cam O'Dell Mountain Skyline Construction LLC.

From: Miles Crosby <[email redacted]> Sent: Thursday, July 27, 2023 8:46:01 AM To: Mountainskylineconstruction <[email redacted]> Subject: Miles Crosby has shared "20230725 C009 Written Directive 2023-06584.pdf" + 1 files with you

Logo

Miles has shared the following files with you:

20230725 C009 Written Directive 2023-06584.pdf

20230725 C011 Jobsite Inspection Notes 2023-06584.pdf

Miles Crosby <[email redacted]> Tue, Aug 29, 2023 at 9:30 AM To: Mountainskylineconstruction <[email redacted]>

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/3 8/30/23, 9:37 AM State of Arizona Mail - Re: Miles Crosby has shared "20230725 C009 Written Directive 2023-06584.pdf" + 1 files with you

This is not justified reason. You as the contractor should have tested the soil prior to building. As we are in the Painted Desert area, it well known there is expansive clay everywhere. I have reviewed the complaint with my Supervisor, Assistant Chief Philpott. Below is are multiple rulings from different cases regarding the acceptance of the surface. The soil is the first surface and by building on it, you accepted the surface.

Acceptance of the Surface “As a general principle in construction, a subcontractor who performs work on top of a surface prepared by another accepts the surface. The subcontractor should have inspected the surface for any flaws or defects that would affect the work he proposes before performing the work. If he found the surface to be unacceptable, he should have called any defects to the owner’s or general contractor’s attention so that the owner can choose whether to pay for the defective surface to be corrected or if the owner is not willing to pay to correct the surface, the contractor may obtain an explicit warranty disclaimer.”

Source: Deeb v. Checks Epoxy, No. 2014A-3258 (ALJ Decision at 11:11–19). The same Administrative Law Judge Decision elaborates in an extensive footnote:

“No Arizona authority addresses the Registrar’s policy that a subsequent contractor who accepts a surface prepared by an earlier contractor also accepts full responsibility for the outcome. The policy is supported by case law from other jurisdictions. See generally cases cited at “Duty of Contractor to Warn Owner of Defects in Subsurface Conditions,” 73 A.L.R.3d 1213 (1976). A contractor who knew or should have known of a defect in the surface does not perform construction in a workmanlike manner if the contractor fails to notify the owner of the defect and the construction later fails due to the defective surface. See, e.g., Parker v. Thornton, 596 So. 2d 854, 858 (Miss. 1992); Lewis v. Anchorage Asphalt Paving Co., 535 P.2d 1188, 1199 (Alaska 1975). The principle is based on common sense and a need for fair dealings between contractors and property owners: For the requirements of public order and the obligation implicit in every contract that the work will be done in a good and workmanlike manner would compel us to reject a contention that an undertaker is not responsible for building upon a site which he knows to be defective. In such a case, the barest standards of care would require him to bring the defect to the attention of the owner before proceeding. The owner would then have an opportunity to make the indicated adjustment in the contract to provide against the defective soil condition of which he had no prior knowledge. . . . Wurst v. Pruyn, 202 So. 2d 268, 271-72 (La. 1967) (citation omitted).” Source: Deeb v. Checks Epoxy, No. 2014-3258 (ALJ Decision at 11:20–30).

If you would like to speak to my Supervisor regarding this, here is his information.

Assistant Chief Steve Philpott #180 [email redacted] 1-928-637-0482

Miles Crosby, Investigator #213 Arizona Registrar of Contractors 1700 W Washington St. Suite #105 Phoenix, AZ 85007 Cell/Text: (928) 296-2480 Work: (928) 637-0485 ROC:(602) 771-6747 [email redacted]

Hours: Mon.- Fri. 0800-1700

The ROC is now on social media! Make sure to follow us on: https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/3 8/30/23, 9:37 AM State of Arizona Mail - Re: Miles Crosby has shared "20230725 C009 Written Directive 2023-06584.pdf" + 1 files with you

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 3/3 4/10/24, 3:31 PM State of Arizona Mail - Re: Miles Crosby has shared a file "20240409 C012 Compliance Jobsite Inspection Notice 2023-06584.pdf"…

Miles Crosby <[email redacted]>

Re: Miles Crosby has shared a file "20240409 C012 Compliance Jobsite Inspection Notice 2023-06584.pdf" with you message

Laura <[email redacted]> Tue, Apr 9, 2024 at 6:31 PM To: Miles Crosby <[email redacted]>

Hi Miles, I am unable to take off work on Monday but my husband, Randy, can make himself available by using some PTO. Will that work? If not, we will have to reschedule. I have the day off from work this Friday, April 12, as well as Friday, May 3 if my husband cannot take my place during the inspection.

Thank you very much,

Laura Johnson

On Tuesday, April 9, 2024, 02:20:05 PM MST, Miles Crosby <[email redacted]> wrote:

Miles has shared the following file with you:

20240409 C012 Compliance Jobsite Inspection Notice 2023-06584.pdf

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 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