2023A-06733-CHC-ROC Notice of Hearing and packet MAILED

2023A-06733-CHC-ROC · Registrar of Contractors · 2023-11-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Emma Marie Walters-Wright , Case No. 2023-06733 COMPLAINANT, Docket No. 2023A-06733-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE JMC's Remodeling LLC License No. ROC 316921,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

January 3, 2024 1:00 PM Adam Stone Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

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

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

complaint and citation, which were served on the Respondent on October 13, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

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

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

be a party to the hearing.

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

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

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

1156(B).

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

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

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

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

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

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

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

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

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION

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

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

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

Respondent(s) JMC's Remodeling LLC 78 N Rancho Circle Casa Grande, AZ 85122 Ryan D. Bailey, Esq. 502 S College Ave Ste 205 Tempe, AZ 85281

Complainant(s) Emma Marie Walters-Wright PO Box 4514 Arizona City, AZ 85123

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. 2023-06733 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

Complainant: Emma Marie Walters-Wright PO Box 4514 Arizona City, AZ 85123

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: JMC's Remodeling LLC N Rancho Cir Casa Grande, AZ 85122

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 June 26, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-06733

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 21, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

TtÜÉÇ ^|Çz Aaron King, Investigator (520) 628-6890 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

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JSI PHOTOS Complainant: Emma Marie Walters-Wright PO Box 4514 Arizona City, AZ 85123

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Respondent: JMC's Remodeling LLC N Rancho Cir Casa Grande, AZ 85122

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 July 27, 2023

Re: Complaint No. 2023-06733

Dear Complainant and Respondent:

After the initial filing of the complaint 2023-06733, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled August 16, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

TtÜÉÇ ^|Çz Aaron King, Investigator (520) 628-6890 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

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Case No.: 2023-06733 Investigator: Aaron King Inspection Date: July 21, 2023 Inspection Time: 10:00 AM

Complainant: Emma Marie Respondent: JMC's Remodeling Walters-Wright LLC Not Present: Not Present:

Jobsite General Notes: JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Google phone recorder app. JSI photos and audio have been placed into the ROC complaint file.

Complaint Item: 1. Severe flooding in home for 12 months. Investigator’s Observation: Complainant has stated the flooding came from rear home and entered at doorway. The Complainant not able to prove the flooding on site however there are gaps at the door in which daylight appears and also evidence of water damage. Some infiltration of moisture and dust is normally noticeable around doors and windows, especially during high winds and heavy rain. Excessive infiltration resulting from open cracks, poorly fitted doors and windows or poorly fitted weather stripping is unacceptable. The Respondent will need to identify the source of the water intrusion and correct by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4- 9-108, Poor work not performed in accordance with professional industry standards.

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Complaint Item: 2. Foam in place of drywall above door frames Investigator’s Observation: There was approximately half an inch of foam sprayed in over the door trim and painted to match that should have been where drywall is installed. Respondent shall repair by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4- 9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 3. A/C only cools half home Investigator’s Observation: Although rooms felt warmer to the touch than others, the exact measurement of variance was not shown at the time of the meeting. At the addendum meeting, temperature was assessed and found to be operating within 4 degrees of the thermostat in the 2 rooms tested. There was insufficient evidence to prove complaint item. Governing Rule: N/A

Complaint Item: 4. Window tracks flood too fast Investigator’s Observation: A water test was done using an exterior hose on shower mode at multiple windows. All windows filled with water and had interior water build up showing that the window tracts are not draining. Some infiltration of moisture and dust is normally noticeable around doors and windows, especially during high winds and heavy rain. Excessive infiltration resulting from open cracks, poorly fitted doors and windows or poorly fitted weather stripping is unacceptable. The Respondent will need to correct by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-

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9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 5. Backyard corroded after 1 year, not compacted Investigator’s Observation: The back yard remained dirt and had not been landscaped in the year of ownership. The dirt is therefore subject to change in weather patterns such as water runoff, and wind. Without providing any way of maintaining a grade since the build of the home, the grading of the yard is not expected to remain the same. The associated corrosion is a result of not being landscaped. No correction is required by the respondent. Governing Rule: N/A

Complaint Item: 6. Front yard gets sinkholes Investigator’s Observation: There was insufficient evidence to prove or disprove complaint item. Governing Rule: N/A

Complaint Item: 7. Rain floods to front door even with front patio Investigator’s Observation: Using a level I looked at the slope of the patio. The furthest section from the door appeared even. The concrete directly outside the front door was concave, allowing for ponding to happen. Settling or heaving of soils under concrete caused by alteration of grades by owner or owner’s agent, which create excessive ponding or moisture adjacent to concrete foundations, walks, drives, slabs, or patios, should not be considered the contractor’s responsibility providing the contractor has

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met all the conditions called for in the contract, plans, specifications, and all code requirements. Water should drain. Standing water exceeding 3/32" is unacceptable. The section immediately outside the door however did bow. The Respondent will need to identify the causation and correct by appropriate measures. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4- 9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 8. Rain flows towards house then down, creating huge river Investigator’s Observation: The Complainant stated that this is also tied into complaint #1 and #5. Without providing any way of maintaining a grade since the build of the home, the grading of the yard is not expected to remain the same. No correction is required by the Respondent. Governing Rule: N/A

Complaint Item: 9. Concrete driveway & home exterior/foundation cracking Investigator’s Observation: There was cracking within the relief cuts of the driveway concrete. No additional cracks were noted outside of the relief cuts. No correction is required by the Respondent. Governing Rule: N/A

Complaint Item: 10. Kitchen sink floods cabinet Investigator’s Observation: The Complainant stated that the kitchen sink will randomly leak into cabinets below. Upon testing, the filled sink

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and running of the garbage disposal was unable to replicate leaking. Complainant was unable to prove the complaint item. No correction is required by the Respondent. Governing Rule: N/A

Complaint Item: 11. Master shower floods bathroom Investigator’s Observation: During the water test at the shower, the Complainant was unable to replicate the leaking. The water test did find that the shower ponds and loose tiles at the rear of the shower which Respondent agreed that it needs to be addressed. Due to the shower not replicating a leak, no correction is required by the Respondent. Governing Rule: N/A

Complaint Item: 12. Pantry poorly insulated. Food goes bad Investigator’s Observation: Although the pantry did feel warmer to the touch, there was no evidence shown to indicate an abnormal temperature. The pantry is against an external wall with no ventilation nor cooling. I cannot determine complaint item constitutes poor work due to insufficient evidence to prove or disprove complaint item. Governing Rule: N/A

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

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

allow for the latching however it is under pressure and bows out towards the yard. The Respondent shall correct by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4- 9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 14. Electricians have been out for faulty smoke detector wiring Investigator’s Observation: The Complainant was unable to duplicate the issue. Governing Rule: N/A

Complaint Item: 15. A/C ductwork & return not right Investigator’s Observation: Unable to verify, no evidence to prove or disprove complaint item constitutes poor work. Governing Rule: N/A

Complaint Item: 16. House not sealed, spray foam visible Investigator’s Observation: The area in question was a closet that did not require sealing however during the inspection, the areas where foam was used is unacceptable. Drywall pieces are screwed together but not finished, and the they are surrounded with an abundance of foam spray that has bubbled out. This interior of the HVAC closet is unfinished and the Respondent is to repair by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4- 9-108, Poor work not performed in accordance with professional industry standards.

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: 17. Over 10-15 nail pops Investigator’s Observation: Multiple nail pops have been identified in the home and the Respondent will need to repair by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4- 9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 18. Garage door breaking/off track, already fixed 1x before Investigator’s Observation: Unable to verify, no evidence to prove or disprove complaint item constitutes poor work due to the complaint item being modified and/or corrected by another contractor/person prior to the inspection, ARS §32-1155 (D)(2). Any work done by a person after the Respondent’s work is considered a modification of the Respondents work. No correction is required by the Respondent. Governing Rule: N/A

Complaint Item: 19. Cabinets breaking Investigator’s Observation: The cabinet face is split and in one area the door hinge mechanism is pulling out of the cabinets. The Respondent will need to repair by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4- 9-108, Poor work not performed in accordance with professional industry standards.

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: 20. Damaged floors/doors Investigator’s Observation: There is a section of water damaged flooring where the Complainant stated that flooding is taking place. This is where there are gaps through the door as well that indicate areas in which water intrusion occurs. The cause of the damage will need to be identified and corrected by the Respondent by the appropriate means in addition to the damaged floor itself. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4- 9-108, Poor work not performed in accordance with professional industry standards. ------------------------------------------------------------------------------------------------

Addendum Jobsite Inspection Notes

Case No.: 2023-06733 Investigator: Aaron King Inspection Date: August 16, 2023 Inspection Time: 10:00 AM

Complainant: Emma Marie Respondent: JMC's Remodeling Walters-Wright LLC Not Present: Not Present:

Jobsite General Notes: JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. JSI photos and audio have been placed into the ROC complaint file. Addendum items listed numbers A21-A29.

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

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

drywall crack is not indicative of expected settlement cracks. The Respondent will identify the cause and correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: A22. Block wall separating and wobbling Investigator’s Observation: The block wall that has separation is actually where a block was cut short, installed into the course down from the top, and an attempt to fill the void with mortar is now coming out. The exposed hole is actually a damaged block. There is no evidence that the wall is wobbling outside of tolerance. The Respondent will correct by appropriate means. Governing Rule: N/A

Complaint Item: A23. Numerous cracks in cement foundation in garage Investigator’s Observation: The interior stem wall of the garage shows vertical cracks that are numerous in nature. At least one crack has some concrete chipped out as well. Cracks that are greater than 1/8” are outside of tolerance. The Respondent will identify cracks greater than 1/8” and correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: A24. Foundation missing in front of house. Foundation piece. Investigator’s Observation: There is a section of the stem wall at the front left of garage opening in which is missing a fist sized part. The Respondent will correct by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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: A25. A/C makes clanking noise when shutting off. Investigator’s Observation: The Complainant was unable to replicate this sound, or the sound displayed at the meeting did not appear to be clanking when the system shut off. The complaint is unverified and no correction is required by the Respondent. Governing Rule: N/A

Complaint Item: A26. Vertical lines/cracking in garage/around home interior Investigator’s Observation: Drywall cracks on corner beads and vertical tape lines were noted in the home. The Complainant has not had a one year repair done in the home and the Respondent will correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: A27. Roof cracks/not sealed at base Investigator’s Observation: On the exterior of the home the customer showed that they were referring to the connection points between bird blocks and the exterior stucco. As there is no stucco stop used, the stucco goes to the bottom of the bird block. One area in the front was located showing two voids that the Respondent will correct by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: A28. Ceiling inside bending slightly inward/off center Investigator’s Observation: There are ceiling cracks in the main living room area that are hairline in nature however no bending or sagging was noticed. The cracks appeared to be settlement cracks that the Respondent will correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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: A29. A/C drain pan missing Investigator’s Observation: The pan is in place with a drain line attached. The concern on this line item complaint was in reference to a prior issue in which the drain line had leaked. The issue is resolved and no correction is required by the Respondent. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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: Emma Marie Walters-Wright PO Box 4514 Arizona City, AZ 85123

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: JMC's Remodeling LLC N Rancho Cir Casa Grande, AZ 85122

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 August 18, 2023

License No. ROC 316921

Re:Complaint No. 2023-06733

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 September 6, 2023.

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

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

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 winds and heavy rain. Excessive infiltration resulting from open cracks, poorly fitted doors and windows or poorly fitted weather stripping is unacceptable. The Respondent will need to identify the source of the water intrusion and correct by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9- 108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 2. Foam in place of drywall above door frames Investigator’s Observation: There was approximately half an inch of foam sprayed in over the door trim and painted to match that should have been where drywall is installed. Respondent shall repair by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9- 108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 7. Rain floods to front door even with front patio Investigator’s Observation: Using a level I looked at the slope of the patio. The furthest section from the door appeared even. The concrete directly outside the front door was concave, allowing for ponding to happen. Settling or heaving of soils under concrete caused by alteration of grades by owner or owner’s agent, which create excessive ponding or moisture adjacent to concrete foundations, walks, drives, slabs, or patios, should not be considered the contractor’s responsibility providing the contractor has met all the conditions called for in the contract, plans, specifications, and all code requirements. Water should drain. Standing water exceeding 3/32" is unacceptable. The section immediately outside the door provided an area exceeding the tolerance. The Respondent will need to identify the causation and correct by appropriate measures. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9- 108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 13. Front door & side door don’t close properly Investigator’s Observation: The front door weather stripping is tight and requires additional push strength to ensure it fully seats and allows the door to latch closed. Additionally on the side door, the throw hole does allow for the latching however it is under pressure and bows out towards the yard. The Respondent shall correct by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9- 108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 16. House not sealed, spray foam visible Investigator’s Observation: The area in question was a closet that did not

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 require sealing however during the inspection, the areas where foam was used is unacceptable. Drywall pieces are screwed together but not finished, and they are surrounded with an abundance of foam spray that has bubbled out. This interior of the HVAC closet is unfinished and the Respondent is to repair by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9- 108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 17. Over 10-15 nail pops Investigator’s Observation: Multiple nail pops have been identified in the home and the Respondent will need to repair by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9- 108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 19. Cabinets breaking Investigator’s Observation: The cabinet face is split and in one area the door hinge mechanism is pulling out of the cabinets. The Respondent will need to repair by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9- 108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 will correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9- 108, Poor work not performed in accordance with professional industry standards.

Complaint Item: A21. Horizontal cracks in wall, bending/warping Investigator’s Observation: The front bedroom shows a horizontal crack in the wall that is not a tape line. The crack is jagged and runs the length of the wall. The drywall crack is not indicative of expected settlement cracks. The Respondent will identify the cause and correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9- 108, Poor work not performed in accordance with professional industry standards.

Complaint Item: A23. Numerous cracks in cement foundation in garage Investigator’s Observation: The interior stem wall of the garage shows vertical cracks that are numerous in nature. At least one crack has some concrete chipped out as well. Cracks that are greater than 1/8” are outside of tolerance. The Respondent will identify cracks greater than 1/8” and correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9- 108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9- 108, Poor work not performed in accordance with professional industry standards.

Complaint Item: A26. Vertical lines/cracking in garage/around home interior Investigator’s Observation: Drywall cracks on corner beads and vertical tape lines were noted in the home. The Complainant has not had a one year repair done in the home and the Respondent will correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9- 108, Poor work not performed in accordance with professional industry standards.

Complaint Item: A27. Roof cracks/not sealed at base Investigator’s Observation: On the exterior of the home the customer showed that they were referring to the connection points between bird blocks and the exterior stucco. As there is no stucco stop used, the stucco goes to the bottom of the bird block. One area in the front was located showing two voids that the Respondent will correct by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9- 108, Poor work not performed in accordance with professional industry standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9- 108, Poor work not performed in accordance with professional industry standards.

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

Complaint Item: 3. A/C only cools half home Investigator’s Observation: Although rooms felt warmer to the touch than others, the exact measurement of variance was not shown at the time of the meeting. At the addendum meeting, temperature was then assessed and found to be operating within 4 degrees of the thermostat in the 2 rooms tested. There was insufficient evidence to prove complaint item. Governing Rule: N/A

Complaint Item: 6. Front yard gets sinkholes Investigator’s Observation: There was insufficient evidence to prove or disprove complaint item. Governing Rule: N/A

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 8. Rain flows towards house then down, creating huge river Investigator’s Observation: The Complainant stated that this is also tied into complaint #1 and #5. Without providing any way of maintaining a grade since the build of the home, the grading of the yard is not expected to remain the same. No correction is required by the Respondent. Governing Rule: N/A

Complaint Item: 10. Kitchen sink floods cabinet Investigator’s Observation: The Complainant stated that the kitchen sink will randomly leak into cabinets below. Upon testing, the filled sink and running of the garbage disposal was unable to replicate leaking. Complainant was unable to prove the complaint item. No correction is required by the Respondent. Governing Rule: N/A

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 12. Pantry poorly insulated. Food goes bad Investigator’s Observation: Although the pantry did feel warmer to the touch, there was no evidence shown to indicate an abnormal temperature. The pantry is against an external wall with no ventilation nor cooling. I cannot determine complaint item constitutes poor work due to insufficient evidence to prove or disprove complaint item. Governing Rule: N/A

Complaint Item: 14. Electricians have been out for faulty smoke detector wiring Investigator’s Observation: The Complainant was unable to duplicate the issue. Governing Rule: N/A

Complaint Item: 15. A/C ductwork & return not right Investigator’s Observation: Unable to verify, no evidence to prove or disprove complaint item constitutes poor work. The Complainant was unable to replicate this sound, or the sound displayed at the meeting did not appear to be clanking when the system shut off. The complaint is unverified and no correction is required by the Respondent. Governing Rule: N/A

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant informed me at inspection that he had repaired it himself with the help of another person. No correction is required by the Respondent. Governing Rule: N/A

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Aaron King Aaron King, Investigator (520) 628-6890 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Emma Marie Walters-Wright PO Box 4514 Arizona City, AZ 85123

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: JMC's Remodeling LLC N Rancho Cir Casa Grande, AZ 85122

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 1, 2023