2023A-06756-CHC-ROC Notice of Hearing and Packet MAILED
2023A-06756-CHC-ROC · Registrar of Contractors · 2023-11-21
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Teri L Raynor , Case No. 2023-06756 COMPLAINANT, Docket No. 2023A-06756-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE SLS Custom Remodels LLC License No. ROC 341323,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: January 12, 2024 1:00 PM Amy Haley Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative
law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be
prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised
Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.
PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the
complaint and citation, which were served on the Respondent on October 30, 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 21, 2023.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail November 21, 2023 to:
Respondent(s) SLS Custom Remodels LLC 5698 Stony Dr Fort Mohave, AZ 86426 Complainant(s) Teri L Raynor PO Box 5174 Mohave Valley, AZ 86446
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. 2023-06756 /
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
2023-07656 PHOTOS OF INSTALLATION FROM C. RCVD AT JSI INSPECTION 6-2-23. Complainant: Teri L Raynor PO Box 5174 Mohave Valley, AZ 86446
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Sept. 28, 2023
Respondent: SLS Custom Remodels LLC 5698 Stony Dr. Fort Mohave, AZ 86426
Complainant: Teri L Raynor PO Box 5174 Mohave Valley, AZ 86446
Case No.: 2023-06756 Investigator: Cliff Corlett Inspection Date: September 13, 2023 Inspection Time: 10:00 AM
Compliance Jobsite General Notes: The Written Directive issued July 17, 2023 directed the Respondent to properly correct 7 out of 13 complaint items in regards to complaint 2023-06756. Respondent has satisfactorly corrected all itemms except # 1. Vinyl Floor Planking
Compliance Inspection Item: 1. Investigator’s Observation: For the most part the flooring installation is acceptable. There are however some end butt joints where the interlocking pieces are either damaged or not properly connecting. There was one small “splinter” missing from the side of one of the kitchen planks. RESPONDENT IS NOT IN COMPLIANCE.
Written Directive (7-17-23) Complaint Allegation: 1 - Concerned about raised edges and or curling of the vinyl planks. Investigator’s Observation: LVP installation appeared fairly typical. This house has major light sources (windows) front and rear that allow a great deal of light to shine across the flooring exaggerating the plank joints.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 There were some plank end joints that appeared to have not properly snapped together. Not all edges were properly spaced for floor movement/expansion. RESPONDENT SHOULD PROPERLY CORRECT THE IMPROPERLY "SNAPPED" END JOINTS AND INSPECT AND CORRECT ANY/ ALL EXPANSION GAPPING. ***NOTE*** RESPONDENTS CONTRACT FOR FLOOR INSTALLATION WAS FOR LABOR AND THE ROC'S DIRECTIVE IS FOR LABOR ONLY. RESPONDENT NOT REQUIRED TO PROVIDE ANY MATERIAL.
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,
/s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812
CC: File
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 2-23-6756 COMPLIANCE INSPECTION PHOTOS 9/13/23 SLS CUSTOM REMODELS LLC // RAYNOR
734 E. KINGSLEY ST MOHAVE VALLEY AZ
P-01
“Splinter” kitchen plank.
P-02
Typical plank joint P-03
P-04
Plank joint at bar not interlocked. P-05
P-06
“Lippage” P-07
P08 P-09
P-10 P-11
P-12 P-13
P-14
Interlock not proper P-15
Dryer vent now vented outside.
P-16 Complainant: Teri L Raynor PO Box 5174 Mohave Valley, AZ 86446
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Respondent: SLS Custom Remodels LLC 5698 Stony Dr. Fort Mohave, AZ 86426
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 August 28, 2023
Complainant: Teri L Raynor PO Box 5174 Mohave Valley, AZ 86446
Respondent: SLS Custom Remodels LLC 5698 Stony Dr. Fort Mohave, AZ 86426
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-06756
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for September 13, 2023 at 10:00 AM 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,
/s/ Cliff Corlett Cliff Corlett. Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812
CC: file
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Jobsite Inspection Notes
Case No.: 2023-06756 Investigator: Cliff Corlett Inspection Date: June 30, 2023 Inspection Time: 10:30 AM
Complainant: Teri L Raynor Respondent: SLS Custom Not Present: Remodels LLC Not Present:
Jobsite General Notes:
Complaint Item: 1 - Concerned about raised edges and or curling of the vinyl planks. Investigator’s Observation: LVP installation appeared fairly typical. This house has major light sources (windows) front and rear that allow a great deal of light to shine across the flooring exaggerating the plank joints. There were some plank end joints that appeared to have not properly snapped together. Not all edges were properly spaced for floor movement/expansion. RESPONDENT SHOULD PROPERLY CORRECT THE IMPROPERLY "SNAPPED" END JOINTS AND INSPECT AND CORRECT ANY/ ALL EXPANSION GAPPING. ***NOTE*** RESPONDENTS CONTRACT FOR FLOOR INSTALLATION WAS FOR LABOR AND THE ROC'S DIRECTIVE IS FOR LABOR ONLY. RESPONDENT NOT REQUIRED TO PROVIDE ANY MATERIAL. 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: 2 - Texture of ceiling where soffit was removed. Investigator’s Observation: Kitchen soffit removal and drywall still constitutes a "patch". Most "patches" have some degree of visibility. Respondent’s soffit drywall work appeared acceptable. NO CONTRACTOR ACTION REQUIRED. Governing Rule:
Complaint Item: 3 - Holes in ceiling and walls not filled or repaired. Investigator’s Observation: Holes in ceiling and walls were existing electrical and or speaker boxes. No information/contract specifications presented to support allegation all these openings were to be covered over. NO CONTRACTOR ACTION REQUIRED. Governing Rule:
Complaint Item: 4 - Dryer vent to garage. Investigator’s Observation: Code and manufacturers requirements are for the dryer exhaust to be vented outdoors. RESPONDNET SHOULD CORRECT BY APPROPRIATE METHODS. 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 - No doors painted or closets. Investigator’s Observation: Doors appeared to be painted with at least a semi-gloss paint. Primered doors are generally a flat finish. NO CONTRACTOR ACTION REQUIRED. Governing Rule:
Complaint Item: 6 - 6. Bathroom mirrors not glued on. Investigator’s Observation: No information/contract specifications presented to support allegation all the mirror(s) were to be glued on. NO CONTRACTOR ACTION REQUIRED. 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
Complaint Item: 7 - Tile sticking out not even. Investigator’s Observation: Tile on kitchen backsplash has some excessive lippage. RESPONDENT SHOULD CORRECT BY APPROPERIATE METHODS. 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 - Multiple plugs and outlets sticking out, crooked, loose. Investigator’s Observation: Outlets and cover plates should be straight, and properly secured so as not to easily move. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. 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: 9 - Gas line behind stove & drywall not marked. Investigator’s Observation: No information/contract specifications presented to support allegation all the gas line should be anything other than what it is. NO CONTRACTOR ACTION REQUIRED. Governing Rule:
Complaint Item: 10 - Ceiling in living room above west window is sagging. Investigator’s Observation: Ceiling in living room is noticeably sagging, however Respondent did no work in this area. NO CONTRACTOR ACTION REQUIRED. Governing Rule:
Complaint Item: 11 - Bathroom wall by old safe is cracking. Investigator’s Observation: Drywall patch in master bath is cracking.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS MATCHING SURROUNDING AREAS AS CLOSELY AS POSSIBLE. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 12 - Bathroom master shower is chipping. Investigator’s Observation: Master bath existing shower was refinished with a new "coating" That coating is failing at drain. There were some “chips", however there is no way for the ROC to determine when or how the chips may have occurred. RESPONDENT SHOULD CORRECT THE PEELING FINISH AT SHOWER DRAIN MATCHING THE SURROUNDING AREA AS CLOSLY AS POSSIBLE. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 13 - Master bathroom paint. Investigator’s Observation: Master bath paint cut in is noticeable. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. 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
Complainant: Teri L Raynor PO Box 5174 Mohave Valley, AZ 86446
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: SLS Custom Remodels LLC 5698 Stony Dr Fort Mohave, AZ 86426
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 22, 2023
Respondent: SLS Custom Remodels LLC 5698 Stony Dr Fort Mohave, AZ 86426
Complainant: Teri L Raynor PO Box 5174 Mohave Valley, AZ 86446
Jobsite Inspection Notice Re: Complaint Number 2023-06756
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for June 30, 2023 at 10:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
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: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.
=========================================================== If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, /s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812
CC: file
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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.
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 Complainant: Teri L Raynor PO Box 5174 Mohave Valley, AZ 86446
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: SLS Custom Remodels LLC 5698 Stony Dr Fort Mohave, AZ 86426
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 17, 2023
Respondent: SLS Custom Remodels LLC 5698 Stony Dr Fort Mohave, AZ 86426
Complainant: Teri L Raynor PO Box 5174 Mohave Valley, AZ 86446
License No. ROC 341323
Re:Complaint No. 2023-06756
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00.
You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on or before August 17, 2023.
RESTRICTIONS You may not perform or hire other contractors to perform work that is outside the scope of your license. If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item: 1 - Concerned about raised edges and or curling of the vinyl planks. Investigator’s Observation: LVP installation appeared fairly typical. This house has major light sources (windows) front and rear that allow a great deal of light to shine across the flooring exaggerating the plank joints. There were some plank end joints that appeared to have not properly snapped together. Not all edges were properly spaced for floor movement/expansion. RESPONDENT SHOULD PROPERLY CORRECT THE IMPROPERLY "SNAPPED" END JOINTS AND INSPECT AND CORRECT ANY/ ALL SUB- STANDARD EXPANSION GAPPING. ***NOTE*** RESPONDENTS CONTRACT FOR FLOOR INSTALLATION WAS FOR LABOR AND THE ROC'S DIRECTIVE IS FOR LABOR ONLY. RESPONDENT NOT REQUIRED TO PROVIDE MATERIAL. 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 - Dryer vent to garage. Investigator’s Observation: Code and manufacturers requirements are for the dryer exhaust to be vented outdoors. RESPONDNET SHOULD CORRECT BY APPROPRIATE METHODS. 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 - Tile sticking out not even. Investigator’s Observation: Tile on kitchen backsplash has some excessive lippage.
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 SHOULD CORRECT BY APPROPERIATE METHODS. 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 - Multiple plugs and outlets sticking out, crooked, loose. Investigator’s Observation: Outlets and cover plates should be straight, and properly secured so as not to easily move. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. 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 - Bathroom wall by old safe is cracking. Investigator’s Observation: Drywall patch in master bath is cracking. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS MATCHING SURROUNDING AREAS AS CLOSELY AS POSSIBLE. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 12 - Bathroom master shower is chipping. Investigator’s Observation: Master bath existing shower was refinished with a new "coating" That coating is failing at drain. There were some “chips", however there is no way for the ROC to determine when or how the chips may have occurred. RESPONDENT SHOULD CORRECT THE PEELING FINISH AT SHOWER DRAIN MATCHING THE SURROUNDING AREA AS CLOSLY AS POSSIBLE. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
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: 13 - Master bathroom paint. Investigator’s Observation: Master bath paint cut in is noticeable. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. 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: 2 - Texture of ceiling where soffit was removed. Investigator’s Observation: Kitchen soffit removal and drywall still constitutes a "patch". Most "patches" have some degree of visibility. Respondent’s soffit drywall work appeared acceptable. NO CONTRACTOR ACTION REQUIRED.
Compliance Item: 3 - Holes in ceiling and walls not filled or repaired. Investigator’s Observation: Holes in ceiling and walls were existing electrical and or speaker boxes. No information/contract specifications presented to support allegation all these openings were to be covered over. NO CONTRACTOR ACTION REQUIRED.
Compliance Item: 5 - No doors painted or closets. Investigator’s Observation: Doors appeared to be painted with at least a semi-gloss paint. Primered doors are generally just a flat finish. NO CONTRACTOR ACTION REQUIRED.
Compliance Item: 6 - Bathroom mirrors not glued on. Investigator’s Observation: No information/contract specifications presented to support allegation all the mirror(s) were to be glued on.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 NO CONTRACTOR ACTION REQUIRED.
Compliance Item: 9 - Gas line behind stove & drywall not marked. Investigator’s Observation: No information/contract specifications presented to support allegation all the gas line should be anything other than what it is. NO CONTRACTOR ACTION REQUIRED.
Compliance Item: 10 - Ceiling in living room above west window is sagging. Investigator’s Observation: Ceiling in living room is noticeably sagging, however Respondent did no work in this area. NO CONTRACTOR ACTION REQUIRED.
=====================================================
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
/s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812
CC: File
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Teri L Raynor, Case No. 2023-06756 COMPLAINANT, v. SLS Custom Remodels LLC CITATION License No. ROC 341323, RESPONDENT.
The Registrar issues this Citation to SLS Custom Remodels LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 14, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On June 14, 2023, Teri L Raynor (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 contractor shall perform all work in a professional and workmanlike manner. Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-06756. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than November 14, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated October 30, 2023. By: /s/ Erin Johnson Erin Johnson Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 30, 2023 to: Respondent Certified Mail No: [number redacted] SLS Custom Remodels LLC 5698 S. Stony Dr. Fort Mohave, AZ 86426
Copy mailed by USPS First Class mail this same date to: SLS Custom Remodels LLC 5698 S. Stony Dr. Fort Mohave, AZ 86426 Complainant Teri L Raynor PO Box 5174 Mohave Valley, AZ 86446 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. 2023-06756 / EJ
of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Received by Investigations 06/14/2023 2023-06756 Received by Investigations 06/14/2023 2023-06756 Received by Investigations 06/14/2023 2023-06756 Received by Investigations 06/14/2023 2023-06756 Received by Investigations 06/14/2023 2023-06756 Received by Investigations 06/14/2023 2023-06756 11/13/23, 8:29 AM State of Arizona Mail - Fwd: Case Response 2023-06756
Answers - AZROC <[email redacted]>
Fwd: Case Response 2023-06756 message
Steven Shamblen <[email redacted]> Sun, Nov 12, 2023 at 9:20 AM To: [email redacted] Cc: Steven Shamblen <[email redacted]>
ROC Case Number 2023-06756
SLS Custom Remodels LLC VS Teri Raynor
RE: Response to Citation Dated 10.30.2023
Dear Registrar of Contractors,
Please find the follow responses to each Charge.
Charge 1,
Not guilty, All work was completed in a professional, ethical and workmanlike manner. The findings of the ROC Inspector indicated for the most part the flooring installation is acceptable. What was found has been corrected and provided to the ROC and inspected by the Roc.
Charge 2:
Not Guilty, Failure to complete minor corrective actions.
Original Inspection was done with the ROC on 6.30.2023
Letter of Directive was dated 7.17.2023 arriving in my mail approx. 4 days later.
Contacted Ms. Raynor via Text 7.17.2023 asking when would be a good time to come and work on the corrective actions. I was able to get all subs back out on the jobsite 7.31.2023 as they all had previous commitments. During this time I did maintain communication with Ms. Raynor on scheduling.
At that time my crew arrived and corrected the following:
Addressed any flooring concerns, double tapped all joints throughout the entire floor and double checked every connection throughout the flooring area. Ms. Raynor did not want to purchase any additional materials and the ROC indicated I am only responsible for Labor costs.
Dryer Vent to garage was completed on or about. 8.7.2023 by Breezy Air LLC.
Tile protruding was corrected 7.31.2023
Corrected multiple Electrical plugs that were loose 7.31.2023
All other complaint items made by Ms. Raynor were dismissed by the ROC.
https://mail.google.com/mail/b/AEoRXRTAn7F8XkQ9OFNAxhTYMu7xAP4IG7ONN_J4XzS3n57yMVcM/u/0/?ik=581c53cf5c&view=pt&search=all&per… 1/7 11/13/23, 8:29 AM State of Arizona Mail - Fwd: Case Response 2023-06756 The ROC Inspector was then contacted via telephone that all actionable items were completed except Breezy air and the inspector told me that is fine keep proceeding until Breezy Air is done.
I then notified Inspector on or about 8.17 that all actionable items have been completed. The inspector then returned to the jobsite on 9.13.2023 at 10 am
Exhibits of Before and After flooring corrections.
Before Correction:
After Correction
https://mail.google.com/mail/b/AEoRXRTAn7F8XkQ9OFNAxhTYMu7xAP4IG7ONN_J4XzS3n57yMVcM/u/0/?ik=581c53cf5c&view=pt&search=all&per… 2/7 11/13/23, 8:29 AM State of Arizona Mail - Fwd: Case Response 2023-06756
We did clean up the caulking on the finished pic and wiped down the door.
I did not get a before picture only the completed picture for compliance.
The Homeowner did not want to purchase any additional materials and I was told to use what was in place.
https://mail.google.com/mail/b/AEoRXRTAn7F8XkQ9OFNAxhTYMu7xAP4IG7ONN_J4XzS3n57yMVcM/u/0/?ik=581c53cf5c&view=pt&search=all&per… 3/7 11/13/23, 8:29 AM State of Arizona Mail - Fwd: Case Response 2023-06756
Below is the Facebook post stating how happy she was with the work 9 months prior to this complaint being filed. This was posted 1 Year ago. On social Media.
In closing,
I feel that I have done all that I can considering how long it has been since I completed this project.. The client was very happy (as shown above) in her comments on Facebook.
I have done everything in my power to resolve this. The homeowner is not reasonable at this time. She wants her WHOLE flooring replaced at my cost of labor and materials. That was not the ROC findings, which I have informed her of. She is simply not accepting this outcome.
Thank you for your understanding on this issue.
Sincerely,
Steven Shamblen
Owner, SLS Custom Remodels LLC.
https://mail.google.com/mail/b/AEoRXRTAn7F8XkQ9OFNAxhTYMu7xAP4IG7ONN_J4XzS3n57yMVcM/u/0/?ik=581c53cf5c&view=pt&search=all&per… 4/7 11/13/23, 8:29 AM State of Arizona Mail - Fwd: Case Response 2023-06756
https://mail.google.com/mail/b/AEoRXRTAn7F8XkQ9OFNAxhTYMu7xAP4IG7ONN_J4XzS3n57yMVcM/u/0/?ik=581c53cf5c&view=pt&search=all&per… 5/7 11/13/23, 8:29 AM State of Arizona Mail - Fwd: Case Response 2023-06756
https://mail.google.com/mail/b/AEoRXRTAn7F8XkQ9OFNAxhTYMu7xAP4IG7ONN_J4XzS3n57yMVcM/u/0/?ik=581c53cf5c&view=pt&search=all&per… 6/7 11/13/23, 8:29 AM State of Arizona Mail - Fwd: Case Response 2023-06756
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https://mail.google.com/mail/b/AEoRXRTAn7F8XkQ9OFNAxhTYMu7xAP4IG7ONN_J4XzS3n57yMVcM/u/0/?ik=581c53cf5c&view=pt&search=all&per… 7/7 6/26/23, 12:40 PM image0.jpeg
https://mail.google.com/mail/u/0/#inbox?projector=1&messagePartId=0.1 1/1 Inspection Report ID : 137476
Date Opened: 02/23/2023 Date Inspected: 03/14/2023 Date Closed: 03/29/2023
Facility Name: Halstead (Calhoun) Customer Name: Raynor, Terri Inspected By: Volny, Vlad
THE FOLLOWING DATA AND EVIDENCE IS INTENDED SOLELY FOR THE ENTITY WHO COMMISSIONED THE INVESTIGATION.
INSPECT SOLUTIONS, INC. WILL ONLY ENTERTAIN INQUIRIES REGARDING THIS INFORMATION WITH THE COMMISSIONING PARTY.
Any and all liabilities are limited to fee amounts only.
Additional fees may apply for court testimony and depositions.
Inspect Solutions, Inc. 2319 N. Andrews Ave Fort Lauderdale, FL 33311
(888) 854-0946 Phone (888) 854-0936 Fax [email redacted]
Inspection Report ID: 137476 Date Opened: 02/23/2023 Date Inspected: 03/14/2023 Date Closed: 03/29/2023
Inspected By: Volny, Vlad
REQUESTED BY
Company: Halstead International
CONSUMER INFORMATION
Consumer Name: Raynor, Terri Company Name: Preferred Phone: (626) 716-6504 Address: 734 Kingsley St Alternate Phone #1: Mohave Valley, AZ 86440 Second Opinion: No Alternate Phone #2: Purchase Order #: 49918 Email: [email redacted] Installer: Contractor Installation Date: 08/01/2022 Problem Area: Entire house Complaint Date: 02/23/2023 Job # / PR #: 49918 Claim Number: 49918 Problem Description / Edges of planks are curling. History:
INSPECTOR INFORMATION
Name: Volny, Vlad
HARD SURFACE FLOORING INFORMATION
Retailer: Home depot Retailer Phone: Style Name/Number: Lifeproof Color Name/Number: Sterling oak Total Installed Area: 1701 Type of Surface: Vinyl Plank Click-Lock Underlayment Type:
How Attached: Attached
INSPECTION DETAILS Inspection Date: 03/14/2023 Address Inspected: [Same As Consumer Address] Construction: Vinyl (LVP) Finish / Wearlayer: Factory Finished Relative Humidity: 39.2-40.7% Temperature (°F): 73.1-74.6°F Acclimation: Unknown Installation Type: Floating-System Humidifier: No Previous Floor: Carpet And Ceramic Tiles Dehumidifier: No Subfloor Type: Concrete Slab Moisture Readings: At Wet-Range Maintenance: Spin Mop And Damp Mop Meter Type: Protimeter Previous Floor: Carpet And Ceramic Tiles Meter Range: Relative-Value SC.; 0-999
Heating: Central (Electric) Adults: 1 Grade: On Grade Children: 0 Pets: 1-Dog Roller Weight: N/A AC System: Central Trowel Notch: Not Applicable Rolled: Not Applicable Moisture Barrier: No Joists on Center: Not Applicable Fasteners: Not Applicable Floor Protectors: No From End: Not Applicable Adhesive Used: Not Applicable Rental Property: No Owner Occupied: Yes SKU: Facility Type: House
Claim History / Background / Physical Description Of Site & Occupants
Consider the attached Photographs 1-17, for a visual overview of the situation. The home is located in Mohave Valley, Arizona within an area approximately 523 ft. above sea level. The vinyl planks, with pre-attached underlayment, were installed in August 2022. The floating system vinyl floor was installed over an on-grade sub-floor (concrete slab). The floor was installed in the living room, family room, dining room, kitchen, bar, hallway, two (2) bathrooms, three (3) bedrooms, and walk-in closet. The primary traffic areas are subjected to pivoting force from one (1) resident, one (1) dog, and one (1) cat. During the inspection, the homeowner stated and/or confirmed the following:
• The home was not occupied during the installation; • The pre-existing flooring (carpet and ceramic tiles) was removed prior to the installation; • It is unknown if the flooring was acclimated; • The installer performed some sub-floor (concrete slab) preparation; • The installer did not perform a moisture test (ASTM F-1869 or ASTM F-2170) of the sub-floor (concrete slab); • It is unknown if the installer performed a surface moisture test (ASTM E-1907) of the sub-floor (concrete slab); • It is unknown if the installer performed a pH test (ASTM F-710) of the sub-floor (concrete slab); • A moisture barrier/mitigator (6-mil polyethylene sheeting) was not installed over the sub-floor (concrete slab); • An underlayment was not installed over the sub-floor (concrete slab); • A moisture barrier was not applied/rolled over the sub-floor (concrete slab); • The homeowner moved into the home in October 2022; • A central HVAC system is used in this home; • A humidifier was not used before, during, or after the installation in this home; • A spin mop and damp mop are being used for the maintenance of the floor; • The homeowner is concerned about raised edges/curling of the vinyl planks. Installation (How the floor was installed, where in the home the floor is installed, over what type of underlayment, substrate, etc.…) • The floating system vinyl floor was installed over an on-grade sub-floor (concrete slab). The floor was installed in the living room, family room, dining room, kitchen, bar, hallway, two (2) bathrooms, three (3) bedrooms, and in the walk-in closet. Observations / Physical Descriptions • 90% of the installed vinyl planks exhibited raised edges (curling). • The raised edges (curling) of the vinyl planks were most visible when the floor was observed against a dominant light source. Measurements / Meter Readings / Field Tests
• Using a straight edge, the inspector examined the floor for flatness (required tolerances are 1/4" per 10’ span). The flatness of the floor was within the tolerance recommended by the manufacturer. • Using a feeler gauge, the inspector examined the expansion gaps (minimum requirement is 1/4"). The expansion gaps were adequate (equal to or larger than 1/4"). • An underlayment was not installed over the sub-floor (concrete slab). • A moisture barrier/mitigator (6-mil polyethylene sheeting) was not installed over the sub-floor (concrete slab). • Expansion breaks (with T-molding) were not constructed between the connected living room, kitchen, and hallway. The connected living room, kitchen, and hallway had the longest floor span of 52’-5" (across the length of planks). Expansion breaks (with T-molding) were not constructed between the connected living room and family room. The connected living room and family room had a floor span of 29’-0" (across the width of planks). • A moisture test (ASTM F-1869 or ASTM F-2170) of the sub-floor (concrete slab) was not performed prior to the installation. According to the manufacturer’s instructions, moisture emissions must not exceed 85% RH (when using an In- Situ probe; ASTM F-2170). According to the manufacturer’s instructions, moisture emissions must not exceed 8 pounds, per 1000 sq. ft., per 24 hours MVER, (when using a Calcium Chloride test; ASTM F-1869). • The floor was not protected from direct sunlight exposure by window coverings. The windows in the family room, bar, and master bedroom were located on the south side of the home. • Using an Extech Psychrometer (Model # RH-300; S/#:9652965), the inspector monitored the environmental conditions. The environmental conditions during testing and the inspection were as follows: Ambient Temperature Range: 73.1 to 74.6 ºF; Ambient Relative Humidity Range: 39.2 to 40.7% (rainy weather); Air Movement: Normal. The inspector could not obtain accurate information regarding the ambient temperature, ambient relative humidity, and dew point before and during the installation. • Using an Extech IR-Thermometer (Model #IR250; S/#: 10087176), the inspector tested the surface temperature of the installed vinyl planks. The surface temperature of the planks, not exposed to direct sunlight, was in a range of 68.6 to 71.3 ºF. The surface temperature of the planks, exposed to direct sunlight, could not be determined during the inspection. • Using a Protimeter MMS-2 moisture meter (Model #BLD-8800; with a relative-scale range of 0 to 999, and a dry, at-risk, or wet indicator), the inspector tested the relative moisture content of the sub-floor (measured through the installed flooring). The relative moisture content of the sub-floor was consistently at a wet-range. Discovered Issues:
Manufacturing No manufacturing-related issues were observed.
Site No site-related issues were observed.
Installation • According to the manufacturer’s installation instructions, the moisture emission from the concrete slab with high levels of alkalinity can affect the floor over time. The installer is responsible to determine if the concrete slab moisture emission and alkalinity are acceptable for the floor installation. The recommended moisture test (ASTM F-2170 or ASTM F-1869) of the sub-floor (concrete slab) was not performed prior to the installation. The relative moisture content of the sub-floor (concrete slab) during the inspection was consistently at wet-range. The moisture emission from the sub-floor (concrete slab) caused the raised edges (curling) of the vinyl planks. This is an installation-related issue.
INSPECTION PHOTOS
Room 1: DINING ROOM; GENERAL OVERVIEW Room 2: KITCHEN; GENERAL OVERVIEW The floating system vinyl floor was installed over an on-grade The floor was installed in the living room, family room, dining sub-floor (concrete slab). room, kitchen, bar, hallway, two (2) bathrooms, three (3) bedrooms, and walk-in closet.
Room 3: LIVING ROOM; GENERAL OVERVIEW Room 4: FAMILY ROOM; GENERAL OVERVIEW The installer did not perform a moisture test (ASTM F-1869 or The home was not occupied during the installation. The ASTM F-2170) of the sub-floor (concrete slab). The home was homeowner moved into the home in October 2022. not occupied during the installation. The homeowner moved into the home in October 2022.
Room 5: BAR; GENERAL OVERVIEW Room 6: HALLWAY; GENERAL OVERVIEW The primary traffic areas are subjected to pivoting force from A central HVAC system is used in this home. A humidifier was one (1) resident, one (1) dog, and one (1) cat. not used before, during, or after the installation in this home.
Room 7: MASTER BEDROOM; GENERAL OVERVIEW Room 8: MOISTURE CONTENT, SUB-FLOOR; FAMILY ROOM The homeowner is concerned about raised edges/curling of the The relative moisture content of the sub-floor was consistently at vinyl planks. a wet-range.
Room 9: MOISTURE CONTENT, SUB-FLOOR; BAR Room 10: RAISED EDGES (CURLING); FAMILY ROOM The relative moisture content of the sub-floor was consistently at 90% of the installed vinyl planks exhibited raised edges a wet-range. (curling). The raised edges (curling) of the vinyl planks were most visible when the floor was observed against a dominant light source.
Room 11: RAISED EDGES (CURLING); FAMILY ROOM Room 12: RAISED EDGES (CURLING), CLOSE-UP; FAMILY ROOM 90% of the installed vinyl planks exhibited raised edges 90% of the installed vinyl planks exhibited raised edges (curling). (curling). The raised edges (curling) of the vinyl planks were most visible when the floor was observed against a dominant light source.
Room 13: RAISED EDGES (CURLING), CLOSE-UP; FAMILY Room 14: FLATNESS; MASTER BEDROOM ROOM 90% of the installed vinyl planks exhibited raised edges (curling). The flatness of the floor was within the tolerance recommended by the manufacturer.
Room 15: ENVIRONMENTAL CONDITIONS; FAMILY ROOM Room 16: SURFACE TEMPERATOR OF THE FLOOR; BAR The environmental conditions during testing and the inspection The surface temperature of the planks, not exposed to direct were as follows: Ambient Temperature Range: 73.1 to 74.6 ºF; sunlight, was in a range of 68.6 to 71.3 ºF. The surface Ambient Relative Humidity Range: 39.2 to 40.7% (rainy temperature of the planks, exposed to direct sunlight, could not weather). be determined during the inspection.
Room 17: EXPANSION GAP; FAMILY ROOM ROOM The expansion gaps were adequate (equal to or larger than 1/4”).
Report Notation: All field test methods are not to ASTM Standards. Tests conducted are for indication only. All testing is conducted and documented for Day/Time of the inspection only. Conditions outside of testing date and/or time are not indicated nor recorded except as noted in the inspection report.
This report is based on information available to the inspector at the time of the inspection as well as its review and finalization as prepared by the Inspect Solutions’ review team. The observations and conclusion are made to a reasonable degree of certainty. Inspect Solutions reserves the right to add to and/or to modify these findings should additional information become available.
The focus of the inspector is to document and report on all factors and conditions found on the day of the inspection that does not conform to the manufacturer's installation guidelines and industry standards. We present the facts as an independent party in an unbiased way, without opinion or speculation.
The opinions expressed in this report are provided on an "AS IS" basis without warranties of any kind. To the fullest extent permissible under applicable laws, Inspect Solutions Inc., disclaims all warranties, whether express or implied, regarding the content or opinions of this report. Specifically, any implied warranties of merchantability, accuracy, completeness, condition, performance, or fitness for a particular purpose, and implied warranties arising from course of dealing or course of performance, including any warranty regarding any benefit that might be obtained from the report and opinions expressed herein.
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