2023A-06956-CHC-ROC Notice of Hearing and Packet MAILED 2023-06956

2023A-06956-CHC-ROC · Registrar of Contractors · 2024-02-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

June Oroz , Case No. 2023-06956 COMPLAINANT, Docket No. 2023A-06956-CHC-ROC- RH v. NOTICE OF HEARING ON Next Generation Pools LLC CONTESTED CASE License No. ROC 330649,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

April 5, 2024 9:00 AM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative

law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

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

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

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

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

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

complaint and citation, which were served on the Respondent on October 20, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158

Charge: 3 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING

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

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

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).

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

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

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

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

certain documents to the parties and the Office of Administrative Hearings. These documents

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their

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

possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

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

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

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

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

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the

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

be changed by filing a written agreement of the parties to change the date of the hearing. The

written agreement must be filed with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated February 16, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail February 16, 2024 to: Respondent(s) Next Generation Pools LLC 6808 S Parliament Dr Tucson, AZ 85756

Complainant(s) June Oroz 6680 S. Via Molino De Viento Tucson, AZ 85757

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. 2023-06956 /

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: June Oroz 6680 S. Via Molino De Viento Tucson, AZ 85757

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: Next Generation Pools LLC 6808 S Parliament Dr Tucson, AZ 85756

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 July 17, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-06956

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for August 18, 2023 at 9:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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 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, Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 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.

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 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.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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 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 8/22/23, 4:36 PM State of Arizona Mail - Request for Addendum for spa jets

Gregory Johndrow <[email redacted]>

Request for Addendum for spa jets messages

June Oroz <[email redacted]> Mon, Aug 21, 2023 at 11:30 AM To: Gregory Johndrow <[email redacted]>

Good morning Mr. Johndrow, I through we put the spa jets in. Can you please add to complaint. Thank You

June Oroz iPhone X Have a wonderful day

Gregory Johndrow <[email redacted]> Mon, Aug 21, 2023 at 3:06 PM To: June Oroz <[email redacted]>

Good afternoon,

What are you alleging the issue is with the spa jets?

Thank you,

Gregory Johndrow Investigator #195 Arizona Registrar of Contractors 1700 W. Washington St., Ste. 105 Phoenix, AZ 85007 Office: (520) 628-6896 Cell: (520) 833-3303 E-mail: [email redacted]

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[Quoted text hidden]

June Oroz <[email redacted]> Mon, Aug 21, 2023 at 5:25 PM To: Gregory Johndrow <[email redacted]>

Yes they don’t work. [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=27cddfbaec&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/2 Complainant: June Oroz 6680 S. Via Molino De Viento Tucson, AZ 85757

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: Next Generation Pools LLC 6808 S Parliament Dr Tucson, AZ 85756

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 August 23, 2023

Re: Complaint No. 2023-06956

Dear Complainant and Respondent:

After the initial filing of the complaint 2023-06956, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled August 29, 2023 at 9:30 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 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,

Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2023-06956 Investigator: Greg Johndrow #195 Inspection Date: 8/18/2023 Inspection Time: 9:30AM

Complainant: June Oroz Respondent: Next Generation Pools LLC

Overview of project: New in ground pool General Notes: The site inspection was performed on this date and time. In attendance with the complainant was Juan Oroz (Husband). The respondent was not present for this inspection. Photos taken with agency issued Canon PowerShot ELPH180. Audio recorded with agency issued Olympus recorder.

Complaint Item 1: “Wrong Color Cool Deck” Investigator’s Observations: This allegation is NOT verified. The contract documentation submitted with the complaint does not specify the color for the cool deck. Governing Rule: N/A

Complaint Item 2: “Broken Glass painted over on Cool Deck” Investigator’s Observations: Verified. I observed pieces of broken glass embedded in the paint used on the cool deck in the N.W. corner. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “Cool Deck Cracking Again” Investigator’s Observations: Verified. I observed multiple locations where cracks have developed in the cool deck. The complainant states these are locations where previous cracks were repaired. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “Pool has a major leak we add water every other day.” Investigator’s Observations: Verified. A leak has been identified inside the auto fill location, the respondent shall perform the necessary corrections in this location and resolve all other leaks within the pool. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 5: “Auto fill doesn't work.” Investigator’s Observations: This allegation is NOT verified. The auto fill in operational, however cannot be used due to the water leak in this location. Governing Rule: N/A

RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

Warning Letter: Elements of a Contract. Warning Letter: Pool Contract.

RCC100 11/14

Picture 1 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757 Picture 2 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757 Picture 3 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Overview of the pool in the deck color. Picture 4 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Overview of the pool in the deck color. Picture 5 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Small piece of broken glass observed embedded in the deck paint. Picture 6 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Small piece of broken glass observed embedded in the deck paint. Picture 7 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Small piece of broken glass observed embedded in the deck paint. Picture 8 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Crack observed in the cool deck. Picture 9 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Crack observed in the cool deck. Picture 10 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Crack observed in the cool deck. Picture 11 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Crack observed in the cool deck. Picture 12 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Crack observed in the cool deck. Picture 13 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Crack observed in the cool deck. Picture 14 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Crack observed along the front edge of the coping in front of the auto fill box. Picture 15 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Location of leak observed within the auto fill box. Picture 16 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Location of leak observed within the auto fill box. Picture 17 Jobsite Inspection Photos

Case: 2023-06956 Date: 8/18/2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Overview of the auto fill. Complainant: June Oroz 6680 S. Via Molino De Viento Tucson, AZ 85757

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: Next Generation Pools LLC 6808 S Parliament Dr. Tucson, AZ 85756

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 23, 2023

License No. ROC 330649

Re: Complaint No. 2023-06956

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 11, 2023.

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

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

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 Complaint Item 4: “Pool has a major leak we add water every other day.” Investigator’s Observations: Verified. A leak has been identified inside the auto fill location, the respondent shall perform the necessary corrections in this location and resolve all other leaks within the pool. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

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

Sincerely,

Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

CC: Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Arizona Registrar of Contractors Addendum Jobsite Inspection Notes Case No.: 2023-06956 Investigator: Greg Johndrow #195 Inspection Date: 8/29/2023 Inspection Time: 9:30AM

Complainant: June Oroz Respondent: Next Generation Pools LLC

Overview of project: General Notes: The site inspection was performed on this date and time. The respondent was not present for this inspection. Photos taken with agency issued Canon PowerShot ELPH180. Audio recorded with agency issued Olympus recorder.

Addendum Complaint Item 1: “I through we put the spa jets in. Can you please add to complaint… they don’t work.” Investigator’s Observations: Verified. At the time of this inspection, after the complainant had activated the jets for the spa, I observed the jets do not work. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

RCC100 11/14

Picture 1 Addendum Item(s) Jobsite Inspection Photos

Case: 2023-06956 Date: 8/29/23 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757 Picture 2 Addendum Item(s) Jobsite Inspection Photos

Case: 2023-06956 Date: 8/29/23 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Overview of the spa upon arrival before the Jets were activated. Picture 3 Addendum Item(s) Jobsite Inspection Photos

Case: 2023-06956 Date: 8/29/23 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Overview of the spa upon arrival before the Jets were activated. Picture 4 Addendum Item(s) Jobsite Inspection Photos

Case: 2023-06956 Date: 8/29/23 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Overview of the spa after the Jets were activated. Picture 5 Addendum Item(s) Jobsite Inspection Photos

Case: 2023-06956 Date: 8/29/23 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Overview of the spa after the Jets were activated. Complainant: June Oroz 6680 S. Via Molino De Viento Tucson, AZ 85757

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: Next Generation Pools LLC 6808 S Parliament Dr. Tucson, AZ 85756

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 31, 2023

License No. ROC 330649

Re: Complaint No. 2023-06956

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

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

Sincerely,

Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

CC: Complainant

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: June Oroz 6680 S. Via Molino De Viento Tucson, AZ 85757

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: Next Generation Pools LLC 6808 S Parliament Dr. Tucson, AZ 85756

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 21, 2023

License No. ROC 330649

Re: Complaint No. 2023-06956

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

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

Sincerely,

Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

CC: Complainant

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: June Oroz 6680 S. Via Molino De Viento Tucson, AZ 85757

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: Next Generation Pools LLC 6808 S Parliament Dr Tucson, AZ 85756

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 October 17, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-06956

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for October 18, 2023 at 10:30 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,

Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Picture 1 Compliance Jobsite Inspection Photos

Case: 2023-06956 Date: 10-18-2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757

Corrective work performed inside the autofill assembly. Picture 2 Compliance Jobsite Inspection Photos

Case: 2023-06956 Date: 10-18-2023 Address: 6680 S. Via Molino De Viento; Tucson, AZ 85757 Complainant: June Oroz 6680 S. Via Molino De Viento Tucson, AZ 85757

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Next Generation Pools LLC 6808 S Parliament Dr Tucson, AZ 85756

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-06956 Investigator: Gregory Johndrow Inspection Date: October 18, 2023 Inspection Time: 10:30 AM

Compliance Jobsite Inspection General Notes: The site inspection was performed on this date and time with both parties present. This Compliance Inspection was to evaluate the current conditions of items requiring corrective action as stated on the Directive. Those items are listed below.

Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…

As stated on Directive: Complaint Item 2: “Broken Glass painted over on Cool Deck” Investigator’s Observation from initial inspection: Verified. I observed pieces of broken glass embedded in the paint used on the cool deck in the N.W. corner. Compliance Inspection Findings for this item: This has been corrected.

As stated on Directive: Complaint Item 3: “Cool Deck Cracking Again” Investigator’s Observation from initial inspection: Verified. I observed multiple locations where cracks have developed in the cool deck. The complainant states these are locations where previous cracks were repaired. Compliance Inspection Findings for this item: This has been corrected.

As stated on Directive: Complaint Item 4: “Pool has a major leak we add water every other day.” Investigator’s Observation from initial inspection: Verified. A leak has been identified inside the auto fill location, the respondent shall perform the necessary corrections in this location and resolve all other leaks within the pool. Compliance Inspection Findings for this item: This has NOT been corrected. Some work has been done, however; the current conditions do not meet ROC Workmanship Standards. Corrective work was performed at the auto fill location, however, the pool continues to loose water.

As stated on Directive: Addendum Complaint Item 1: “I through we put the spa jets in. Can you please add to complaint… they don’t work.” Investigator’s Observation from initial inspection: Verified. At the time of this inspection, after the complainant had activated the jets for the spa, I observed the jets do not work. Compliance Inspection Findings for this item: This has been corrected.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Note:

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

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

Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

June Oroz, Case No. 2023-06956 COMPLAINANT, v. Next Generation Pools LLC CITATION License No. ROC 330649,

RESPONDENT. The Registrar issues this Citation to Next Generation Pools LLC (“Respondent”) under

A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 4, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On July 6, 2023, June Oroz (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating:

Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32- 1158. Charge :3 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. 2023-06956. How to File a Written Answer: Respondent’s written answer may be submitted in the 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 following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than November 4, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of 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 Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in 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 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 charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated October 20, 2023. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 20, 2023 to:

Respondent Certified Mail No: [number redacted]

Next Generation Pools LLC 6808 S Parliament Dr. Tucson, AZ 85756 Copy mailed by USPS First Class mail this same date to:

Respondent Next Generation Pools LLC 6808 S Parliament Dr. Tucson, AZ 85756

Complainant June Oroz 6680 S. Via Molino De Viento Tucson, AZ 85757

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. 2023-06956 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 8/22/23, 4:36 PM State of Arizona Mail - Request for Addendum for spa jets

Gregory Johndrow <[email redacted]>

Request for Addendum for spa jets messages

June Oroz <[email redacted]> Mon, Aug 21, 2023 at 11:30 AM To: Gregory Johndrow <[email redacted]>

Good morning Mr. Johndrow, I through we put the spa jets in. Can you please add to complaint. Thank You

June Oroz iPhone X Have a wonderful day

Gregory Johndrow <[email redacted]> Mon, Aug 21, 2023 at 3:06 PM To: June Oroz <[email redacted]>

Good afternoon,

What are you alleging the issue is with the spa jets?

Thank you,

Gregory Johndrow Investigator #195 Arizona Registrar of Contractors 1700 W. Washington St., Ste. 105 Phoenix, AZ 85007 Office: (520) 628-6896 Cell: (520) 833-3303 E-mail: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

[Quoted text hidden]

June Oroz <[email redacted]> Mon, Aug 21, 2023 at 5:25 PM To: Gregory Johndrow <[email redacted]>

Yes they don’t work. [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=27cddfbaec&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

June Oroz Mailing Address (Enter jobsite in Contract/Project section) City State Zip

6680 S. Via Molino De Viento Tucson Arizona 85757 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Next Generation Pools LLC ROC 330649 Street Address City State Zip

6808 S Parliament Dr Tucson AZ 85756 Phone Number Email

520-449-9297 Name of Person(s) Representing License

Joe Castro Contract/Project Information Contract Date Contract Amount Amount Paid

January 19, 2021 $49,000.00 $50,891.00 Date Work Started Date Work Stopped Date Work Was Completed

January 19, 2021 January 13, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

6680 S Via Molino De Viento Tucson AZ 85757 Name of Construction Site Owner Construction Site Name (if applicable)

Joe Castro Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Abandonment;Poor Work;Other I have contacted the contractor by Phone/Text Have you filed a complaint in court? No Has any work been corrected? No

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

The contract was Written All change orders were Written This project was Residential This project involved Other Pool A building permit was obtained by Contractor P21BP02341 Tucson/ Pima List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Wrong Color Cool Deck Broken Glass painted over on Cool Deck Cool Deck Cracking Again Pool has a major leak we add water every other day. Auto fill doesn't work.

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

June Oroz \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Received 11/03/2023 ROC Legal

Writen Answer to Cita�on and Complaint 11/01/2023

Case No: 2023-06956

To Whom It May Concern:

This leter serves as my writen answer to cita�on and complaint for case number 2023-06956. I have been in communica�on with the client to address and resolve the issues pertaining to Mr. Oroz recent pool build. All directed items have been remedied except the concern of a leak in the pool. In response to the clients concern regarding a pool leak, I had American Leak Detec�on complete an evalua�on of the pool and they determined no leaks are present. I am ac�vely working to determine if a leak is present and to ﬁnd the loca�on of the source of water loss. Upon determina�on of this I can put together an ac�on plan to rec�fy any water leak issues pertaining to the pool. I am working quickly and diligently to remedy this. As a licensed contractor since 2020 and working within the swimming pool industry for thirteen years, I please ask that during your review to take into considera�on my record and reputa�on. I have no prior complaints with the Registrar of Contractors and ﬁve-star reviews from my clients online. As a father of two I take integrity and quality workmanship very seriously, this is my business and reputa�on but more than that, this is my means to provide for my family. Lastly, I would also ask that you take into considera�on my current clients and projects in the pipeline. Suspension or revoca�on of my license would adversely aﬀect them directly. Thank you for your �me. Please do not hesitate to contact me with any ques�ons 520-449-9297. Received 11/6/23, 8:21 AM State of Arizona Mail - Case No. 2023-06956 - Written Answer to Citation and Complaint 11/03/2023 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2023-06956 - Written Answer to Citation and Complaint message

Joe Castro <[email redacted]> Fri, Nov 3, 2023 at 2:00 PM To: [email redacted]

Hello I have attached the written response.

Thanks Joe Castro Owner Next Generation Pools

Written Answer to Citation and Complaint.docx 15K

https://mail.google.com/mail/b/AEoRXRS8OeQeoQLHyHA9yfqhtayIH986AqNtQWl9g-3DP7pk6fTM/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 Legal New Mail - AZROC <[email redacted]>

Reschedule Hearing message

June Oroz <[email redacted]> Thu, Jan 4, 2024 at 8:19 AM To: [email redacted]

To whom it may concern i had to leave town in a hurry my 15 yrs niece was on her way to school and someone driving by shot her in the head. This happened in Ohio. I’m asking for a rehearing as we have taken care of everything before i returned today. Thank You June Oroz iPhone X Have a wonderful day Received 1/09/2024 ROC Legal

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

June Oroz, No. 2023A-06956-CHC-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE Next Generation Pools LLC DECISION License No. ROC 330649, RESPONDENT

HEARING: January 3, 2024

APPEARANCES: Complainant June Oroz did not appear. Representatives for

Respondent Next Generation Pools LLC were present.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

FINDINGS OF FACT

Complainant failed to appear at the hearing. The tribunal waited 15 minutes

beyond the scheduled start time, but no one appeared for Complainant.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to present

evidence in support of the complaint. See A.A.C. R2-19-119.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the

Registrar of Contractors’ Order, Complainant’s complaint be dismissed. Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification. Done this day, January 9, 2024.

/s/ Tammy L. Eigenheer Administrative Law Judge

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 Received 1/09/2024 ROC Legal

Transmitted by either mail, e-mail, or facsimile to: Tom Cole, Director Registrar of Contractors Next Generation Pools LLC [email redacted] Gregory Johndrow [email redacted] June Oroz [email redacted] By: OAH Staff

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

June Oroz, Case No. 2023-06956 COMPLAINANT, Docket No. 2023A-06956-CHC-ROC v. FINAL ADMINISTRATIVE Next Generation Pools LLC, License No. ROC 330649, DECISION AND ORDER

RESPONDENT.

Under A.R.S. § 41-1092.08(B), the Registrar may review and accept, modify, or reject an administrative law judge’s written decision. If the Registrar modifies or rejects that decision, then the Registrar must provide written justification setting forth the reasons for the modification or rejection of each finding of fact or conclusion of law. REGISTRAR’S ACCEPTANCE In this case, a hearing was held, and the administrative law judge issued a written decision. See Administrative Law Judge Decision, attached. The Registrar reviewed that decision and accepts it. CONCLUSION AND ORDER Because the Registrar has accepted the administrative law judge’s decision, that decision is the final administrative decision in this case and becomes effective on March 17, 2024. The terms of the order, such as suspension, revocation or dismissal, etc., will take place the next business day. 1 1 The Registrar is in receipt of Complainant’s rehearing request and will issue a ruling on that request separately. of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 10/23 Dated February 6, 2024. By: /s/ Chance Peterson Chance Peterson General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail February 6, 2024 to: Respondent Next Generation Pools LLC 6808 S Parliament Dr Tucson, AZ 85756 Complainant June Oroz 6680 S. Via Molino De Viento Tucson, AZ 85757 Copy sent electronically this same date to: Office of Administrative Hearings Tammy Eigenheer, Administrative Law Judge

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2023-06956/

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 10/23 Received 1/09/2024 ROC Legal

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

June Oroz, No. 2023A-06956-CHC-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE Next Generation Pools LLC DECISION License No. ROC 330649, RESPONDENT

HEARING: January 3, 2024

APPEARANCES: Complainant June Oroz did not appear. Representatives for

Respondent Next Generation Pools LLC were present.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

FINDINGS OF FACT

Complainant failed to appear at the hearing. The tribunal waited 15 minutes

beyond the scheduled start time, but no one appeared for Complainant.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to present

evidence in support of the complaint. See A.A.C. R2-19-119.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the

/s/ Tammy L. Eigenheer Administrative Law Judge

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 Received 1/09/2024 ROC Legal

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