2023A-07086-CHC-ROC Notice of Hearing and Packet MAILED

2023A-07086-CHC-ROC · Registrar of Contractors · 2024-01-31

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Debra Kay Handlos , Case No. 2023-07086 COMPLAINANT, Docket No. 2023A-07086-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE ASH-Dorn LLC License No. ROC 334265,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

March 18, 2024 9:00 AM Adam Stone Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

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

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

complaint and citation, which were served on the Respondent on January 4, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING

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

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

argument to the administrative law judge.

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

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

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

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

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

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

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

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

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

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

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

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

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

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is

available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20-

%20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

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

the party must file a written motion with the Office of Administrative Hearings, directed to the

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

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

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated January 31, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 31, 2024 to: Respondent(s) ASH-Dorn LLC 600 W Gurley St. Ste 100 Prescott, AZ 86305

Complainant(s) Debra Kay Handlos 4140 Copperhead Drive Wickenburg, AZ 85390

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. 2023-07086 /

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: Debra Kay Handlos 4140 Copperhead Drive Wickenburg, AZ 85390

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: ASH-Dorn LLC DBA: 600 W Gurley St. Prescott, AZ 86305

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 27, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-07086

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 31, 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. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely, Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

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

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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: Debra Kay Handlos 4140 Copperhead Drive Wickenburg, AZ 85390

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: ASH-Dorn LLC DBA: 600 W Gurley St. Prescott, AZ 86305

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 31, 2023

License No. ROC 334265

Re:Complaint No. 2023-07086

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on August 16, 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: 2 - Exterior stucco is cracked excessively throughout exterior Investigator’s Observation: Verified. Although not excessive, there is some cracking in the stucco. Contractor should determine the cause of the stucco cracks and repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 3 - Grout is missing at front stone; Investigator’s Observation: Verified. There is grout is missing at front stone; Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 4 - Rear patio door is poorly installed and attempts to adjust it after are causing the jamb to bow. Bottom track has a sag in the middle and is not properly sealed. Top drywall has visible sag or bow in the bead. Side jamb is bowed from shimming. Investigator’s Observation: Verified. The patio door operates ok. However, the right side vertical jamb has a bow in it as observed from the exterior (See crack in stucco). The interior top sheetrock reveal is crooked and inconsistent. The sheetrock return on the left side of the door is also missing.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The right vertical part of the door should be straight. The top sheetrock jamb inside should be straight and uniform. The sheetrock return on the left side should be replaced. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - Excess spray foam insulation has oozed out on the eaves Investigator’s Observation: Verified. There are some areas at the eaves where expandable insulation is seeping out or has splattered out. Contractor should verify these areas and repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 7 - Storm collars are missing at one or more gas appliance B vents; Investigator’s Observation: Verified. There is one storm collar missing at the fireplace vent. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 8 - At time home was built, Arc Fault protection by a special breaker was a requirement in all 120v circuits, except garage, bathroom, and exterior. This type of protection was not found at the kitchen and laundry areas and may have been removed or omitted during construction. Code

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 adoption may avry by city and year Investigator’s Observation: This is per a third party inspection. The contractor should verify where Arc Fault protection is required and repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item: 9 - GFCI protection was not found in the following areas: dishwasher/disposal receptable and laundry washer receptable Investigator’s Observation: This is per a third party inspection. The contractor should verify where Ground Fault protection is required and repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item: 12 - One or more rooms ( front bedroom) does not heat or cool as well as the other areas of the home. Evaluation by HVAC specialist to

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 determine the CFM (airflow) and verify with a meter at each register to ensure even cooling. Home will not cool lower than 79.4 degrees with outside temp at degrees; Investigator’s Observation: Verified. The three thermostats were showing 78 degrees. The temperature on the device used to measure indoor air temperature showed 79.4-79.7 in the middle of the room at 5 ft off the floor. The temperature as measured at the center of 3 different rooms never got below 79.4 degrees after one hour of operation (Stat set to 76 degrees and system running.) The outside temp was 88 degrees at the time of inspection. Contractor should investigate operation of thermostats and repair cooling system by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 13 - Was told during final walk through that fan/ventilation cover would be redone so not unsightly; Investigator’s Observation: Verified. This cover in the laundry ceiling is unsightly. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 19 - Under mount sink is not properly secured and/or sealed to the stone countertop allowing moisture to get under the counter; Investigator’s Observation: Verified. The sealant used between sink and top is cracked.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 20 - Soap recess in master bath has excessive slope and combined with beveled tile, nothing will stay on the shelf; Investigator’s Observation: Verified. At the time of inspection, shampoo bottles would not stay on the shampoo niche. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 25 - Grout uneven on fireplace and stone on hearth not level; Investigator’s Observation: Verified. The grout is inconsistent on the fireplace at the hearth intersection. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 27 - Fix holes in kitchen cabinets where under cabinet was installed Investigator’s Observation: Verified. The holes in the back of the underneath part of the cabinet cut to install the under cabinet lighting are too big and unsightly. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

Compliance Item: 28 - Right side of oven cabinet is crooked. Investigator’s Observation: Verified. The right side of the oven cabinet is crooked. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 29 - The built in oven is set crooked. Investigator’s Observation: Verified. The oven door doesn't line up and there is a gap at the top of the oven showing. Evidence would suggest that the oven is installed crooked as the tech pulled the oven and the doors lines up. Contractor should install the over so that the door lines up and there are no gaps present by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliance Item: 1 - Exterior wall and trim around front entry door and garage door is not properly caulked; Investigator’s Observation: Repaired prior to JSI

Compliance Item: 6 - Split at entry beam; Investigator’s Observation: Repaired prior to JSI

Compliance Item: 10 - One or more of the exterior hose bibs (faucets) leak when opened; Investigator’s Observation: Repaired prior to JSI

Compliance Item: 11 - When switched to emergency heat, the unit did blow hot air, but only 91 degrees. A 60 amp breaker is installed (typical when heat kit is installed) but no boxes are checked for what size heat kit it has and the unit has a 30 amp supply; Investigator’s Observation: Not verified.

Compliance Item: 14 - Air conditioning unit is not producing an adequate air temperature differential between the ambient and conditioned air inside the building. The split was 15 degrees Investigator’s Observation: The temperature at the time of inspection was 88 degrees. The interior temperature was 79.4 degrees.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 15 - Garage has spray foam on the roof deck but is not part of the conditioned attic. This method will result in the garage attic overheating. Foam is also not complete (or cannot be verified) in the overframe area. Garage insulation is typically at the ceiling line, with attic vents installed, even in spray foam houses. Investigator’s Observation: Not Verified.

Compliance Item: 16 - Interior doors are not painted or sealed effectively on all 6 sides as required by the AZ registar of contractors standards. Failure to do this may mlead to doors swelling, warping, and rubbing/sticking on their jambs; Investigator’s Observation: Not required on interior doors.

Compliance Item: 17 - One or more windows were not operating properly and need to be repaired or replaced to return them to their proper function. Den not plumb, closed but has a gap; Investigator’s Observation: The window operation is satisfactory. The gap in the den is acceptable.

Compliance Item: 18 - Was told that defective screens in master bedroom and den would be replaced. No screen at patio door; Investigator’s Observation: The defect in the screens is minimal.

Compliance Item: 21 - Bathtub in second bath drains slow when shower is running;

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Repaired prior to JSI

Compliance Item: 22 - Both toilets have clogged periodically from the beginning of move in; Investigator’s Observation: Repaired prior to JSI

Compliance Item: 23 - Rough spots on bottom of tub that appear finish was removed when scratches and marks were removed; Investigator’s Observation: Repaired prior to JSI

Compliance Item: 24 - Noise has returned when unit shuts off; Investigator’s Observation: The noise when the HVAC system is from the air filters moving. This is not a workmanship issue.

Compliance Item: 26 - Clean up hole that was cut in cabinet for dishwasher hookup to water Investigator’s Observation: The hole is under the cabinet. The hole is acceptable.

Compliance Item: 30 - Second bath toilet defective at bottom inside of bowl Investigator’s Observation: Repaired prior to JSI

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

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

Sincerely,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 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 Jobsite Inspection Notes

Case No.: 2023-07086 Investigator: Mike Wiskow Inspection Date: July 31, 2023 Inspection Time: 9:30 AM

Complainant: Debra Kay Handlos Respondent: ASH-Dorn LLC Not Present: Not Present:

Jobsite General Notes: Photos taken with Pixel 6 Pro. Audio recorded with Pixel Pro 6 digital voice recorder. Temperatures taken with Digital Thermo Hygrometer TH-2A

Complaint Item: 1 - Exterior wall and trim around front entry door and garage door is not properly caulked; Investigator’s Observation: Repaired prior to JSI Governing Rule:

Complaint Item: 2 - Exterior stucco is cracked excessively throughout exterior Investigator’s Observation: Verified. Although not excessive, there is some cracking in the stucco. Contractor should determine the cause of the stucco cracks and repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

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

Complaint Item: 3 - Grout is missing at front stone; Investigator’s Observation: Verified. There is grout is missing at front stone; Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 4 - Rear patio door is poorly installed and attempts to adjust it after are causing the jamb to bow. Bottom track has a sag in the middle and is not properly sealed. Top drywall has visible sag or bow in the bead. Side jamb is bowed from shimming.; Investigator’s Observation: Verified. The patio door operates ok. However, the right side vertical jamb has a bow in it as observed from the exterior (See crack in stucco). The interior top sheetrock reveal is crooked and inconsistent. The sheetrock return on the left side of the door is also missing. The right vertical part of the door should be straight. The top sheetrock jamb inside should be straight and uniform. The sheetrock return on the left side should be replaced. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 5 - Excess spray foam insulation has oozed out on the eaves Investigator’s Observation: Verified. There are some areas at the eaves where expandable insulation is seeping out or has splattered out. Contractor should verify these areas and repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

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

Complaint Item: 6 - Split at entry beam; Investigator’s Observation: Repaired prior to JSI Governing Rule:

Complaint Item: 7 - Storm collars are missing at one or more gas appliance B vents; Investigator’s Observation: Verified. There is one storm collar missing at the fireplace vent. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 8 - At time home was built, Arc Fault protection by a special breaker was a requirement in all 120v circuits, except garage, bathroom, and exterior. This type of protection was not found at the kitchen and laundry areas and may have been removed or omitted during construction. Code adoption may avry by city and year Investigator’s Observation: This is per a third party inspection. The contractor should verify where Arc Fault protection is required and repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Complaint Item: 9 - GFCI protection was not found in the following areas: dishwasher/disposal receptable and laundry washer receptable 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

Investigator’s Observation: This is per a third party inspection. The contractor should verify where Ground Fault protection is required and repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Complaint Item: 10 - One or more of the exterior hose bibs (faucets) leak when opened; Investigator’s Observation: Repaired prior to JSI Governing Rule:

Complaint Item: 11 - When switched to emergency heat, the unit did blow hot air, but only 91 degrees. A 60 amp breaker is installed (typical when heat kit is installed) but no boxes are checked for what size heat kit it has and the unit has a amp supply; Investigator’s Observation: Not verified. Governing Rule:

Complaint Item: 12 - One or more rooms ( front bedroom) does not heat or cool as well as the other areas of the home. Evaluation by HVAC specialist to determine the CFM (airflow) and verify with a meter at each register to ensure even cooling. Home will not cool lower than 79.4 degrees with outside temp at 88 degrees ; Investigator’s Observation: Verified. The three thermostats were showing degrees. The temperature on the device used to measure indoor air temperature showed 79.4-79.7 in the middle of the room at 5 ft off the floor.

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

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

The temperature as measured at the center of 3 different rooms never got below 79.4 degrees after one hour of operation (Stat set to 76 degrees and system running.) The outside temp was 88 degrees at the time of inspection. Contractor should investigate operation of thermostats and repair cooling system by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 13 - Was told during final walk through that fan/ventilation cover would be redone so not unsightly; Investigator’s Observation: Verified. This cover in the laundry ceiling is unsightly. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 14 - Air conditioning unit is not producing an adequate air temperature differential between the ambient and conditioned air inside the building. The split was 15 degrees Investigator’s Observation: The temperature at the time of inspection was degrees. The interior temperature was 79.4 degrees. Governing Rule:

Complaint Item: 15 - Garage has spray foam on the roof deck but is not part of the conditioned attic. This method will result in the garage attic overheating. Foam is also not complete (or cannot be verified) in the overframe area. Garage insulation is typically at the ceiling line, with attic vents installed, even in spray foam houses. Investigator’s Observation: Not Verified. 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: 16 - Interior doors are not painted or sealed effectively on all 6 sides as required by the AZ registar of contractors standards. Failure to do this may mlead to doors swelling, warping, and rubbing/sticking on their jambs; Investigator’s Observation: Not required on interior doors. Governing Rule:

Complaint Item: 17 - One or more windows were not operating properly and need to be repaired or replaced to return them to their proper function. Den not plumb, closed but has a gap; Investigator’s Observation: The window operation is satisfactory. The gap in the den is acceptable. Governing Rule:

Complaint Item: 18 - Was told that defective screens in master bedroom and den would be replaced. No screen at patio door; Investigator’s Observation: The defect in the screens is minimal. Governing Rule:

Complaint Item: 19 - Undermount sink is not properly secured and/or sealed to the stone countertop allowing moisture to get under the counter; Investigator’s Observation: Verified. The sealant used between sink and top is cracked. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 20 - Soap recess in master bath has excessive slope and combined with beveled tile, nothing will stay on the shelf; Investigator’s Observation: Verified. At the time of inspection, shampoo bottles would not stay on the shampoo niche.

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

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

Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 21 - Bathtub in second bath drains slow when shower is running; Investigator’s Observation: Repaired prior to JSI Governing Rule:

Complaint Item: 22 - Both toilets have clogged periodically from the beginning of move in; Investigator’s Observation: Repaired prior to JSI Governing Rule:

Complaint Item: 23 - Rough spots on bottom of tub that appear finish was removed when scratches and marks were removed; Investigator’s Observation: Repaired prior to JSI Governing Rule:

Complaint Item: 24 - Noise has returned when unit shuts off; Investigator’s Observation: The noise when the HVAC system is from the air filters moving. This is not a workmanship issue. Governing Rule:

Complaint Item: 25 - Grout uneven on fireplace and stone on hearth not level; Investigator’s Observation: Verified. The grout is inconsistent on the fireplace at the hearth intersection. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

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

Complaint Item: 26 - Clean up hole that was cut in cabinet for dishwasher hookup to water Investigator’s Observation: The hole is under the cabinet. The hole is acceptable. Governing Rule:

Complaint Item: 27 - Fix holes in kitchen cabinets where under cabinet was installed Investigator’s Observation: Verified. The holes in the back of the underneath part of the cabinet cut to install the undercabinet lighting are too big and unsightly. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 28 - Right side of oven cabinet is crooked. Investigator’s Observation: Verified. The right side of the oven cabinet is crooked. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 29 - The built in oven is set crooked. Investigator’s Observation: Verified. The oven door doesn't line up and there is a gap at the top of the oven showing. Evidence would suggest that the oven is installed crooked as the tech pulled the oven and the doors lines up. Contractor should install the over so that the door lines up and there are no gaps present by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

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

Complaint Item: 30 - Second bath toilet defective at bottom inside of bowl Investigator’s Observation: Repaired prior to JSI Governing Rule:

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

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

Complainant: Debra Kay Handlos 4140 Copperhead Drive Wickenburg, AZ 85390

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: ASH-Dorn LLC DBA: 600 W Gurley St. Prescott, AZ 86305

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 10, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-07086

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for August 31, 2023 at 9:30 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,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complainant: Debra Kay Handlos 4140 Copperhead Drive Wickenburg, AZ 85390

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C016 4/21 Respondent: ASH-Dorn LLC DBA: 600 W Gurley St. Prescott, AZ 86305

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C016 4/21 September 5, 2023

Re: Complaint No. 2023-07086; License No. ROC 334265

Dear Complainant:

At the Compliance Jobsite Inspection conducted on 8/31/2023 at, the investigator determined that all items listed in the ROC Directive Orders, with the exception of the following, had been completed within workmanship standards by the Respondent.

The items that need to be finished are as follows:

Item #2. Paint stucco repairs to match Item #27 Under cabinet light holes too big Item #28 Right side of cabinet crooked Item #29 Built-in oven crooked

Items not on directive that need repair:

1. Screen Door 2. Seal bottom of the door

Both parties have agreed that the complaint can be closed since the cabinets are on order with the understanding that the complaint can be reopened if necessary.

The complaint is hereby closed.

Sincerely,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

CC: Respondent

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C016 4/21 Complainant: Debra Kay Handlos 4140 Copperhead Drive Wickenburg, AZ 85390

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: ASH-Dorn LLC DBA: 600 W Gurley St. Prescott, AZ 86305

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 November 17, 2023

License No. ROC 334265

Re:Complaint No. 2023-07086

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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 - Study Window installed out of square resulting in sash not closing completely. Investigator’s Observation: Confirmed. Study Window installed out of square resulting in sash not closing completely. Gap is visible. Window sash should close completely. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 2 - Master window bottom track is loose and makes noise when sash is operated. Investigator’s Observation: Confirmed. Master window bottom track is loose and makes noise when sash is operated. Bottom track should not make noises and should not be loose. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 3 - Dinette window bottom track is loose and makes noise when sash is operated. Investigator’s Observation: Confirmed. Dinette window bottom track is loose and makes noise when sash is operated. Bottom track should not make noises and should not be loose. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

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

Sincerely,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

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

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

ASH-Dorn LLC

600 W Gurley St, #Ste 100 Prescott, AZ 86305

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

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

Complainant Attorney:

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

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

Respondent Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Debra Kay Handlos 4140 Copperhead Drive Wickenburg, AZ 85390

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: ASH-Dorn LLC DBA: 600 W Gurley St. Prescott, AZ 86305

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.: 2023-07086 Investigator: Mike Wiskow Inspection Date: November 15, 2023 Inspection Time: 09:00 AM

Dear Complainant and Respondent,

Based on emails exchanged between both parties as well as verification from the respondent, compliance item #1 remains Not Completed.

Compliance Findings:

Compliance Item: 1 - Study Window installed out of square resulting in sash not closing completely. Investigator’s Observation: Confirmed. Study Window installed out of square resulting in sash not closing completely. Gap is visible. Window sash should close completely. Contractor should repair by appropriate means. Not Completed Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 2 - Master window bottom track is loose and makes noise when sash is operated. Investigator’s Observation: Confirmed. Master window bottom track is loose and makes noise when sash is operated. Bottom track should not make noises and should not be loose. Contractor should repair by appropriate means. Being Addressed Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliance Item: 3 - Dinette window bottom track is loose and makes noise when sash is operated. Investigator’s Observation: Confirmed. Dinette window bottom track is loose and makes noise when sash is operated. Bottom track should not make noises and should not be loose. Contractor should repair by appropriate means. Being Addressed Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Note:

Please review the complaint items Not Completed listed above. 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,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Debra Kay Handlos Case No. 2023-07086 COMPLAINANT, v. ASH-Dorn LLC CITATION License No. ROC 334265,

RESPONDENT.

The Registrar issues this Citation to ASH-Dorn LLC (“Respondent”) under A.R.S. § 32-

1155(A). If Respondent fails to answer this Citation by January 19, 2024, then under A.R.S.

§ 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts

charged in the underlying complaint, and the Registrar may then suspend or revoke

Respondent’s license(s).

THE WRITTEN COMPLAINT

On June 25, 2023, Debra Kay Handlos (“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.

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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)(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. 2023-07086. 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]

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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 January 19, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, 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

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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. Dated January 4, 2024.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, January 4, 2024 to: Respondent Certified Mail No: [number redacted]

ASH-Dorn LLC 600 W Gurley St, #Ste 100 Prescott, AZ 86305 Copy mailed by USPS First Class mail this same date to:

ASH-Dorn LLC 600 W Gurley St, #Ste 100 Prescott, AZ 86305 Complainant Debra Kay Handlos 4140 Copperhead Drive Wickenburg, AZ 85390 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. 2023-07086 /MTH

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

Debra Kay Handlos Mailing Address (Enter jobsite in Contract/Project section) City State Zip

Lucero Street Thousand Oaks Arizona 91360 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)

ASH-Dorn LLC ROC 334265 Street Address City State Zip

600 W Gurley St. Prescott AZ 86305 Phone Number Email

[number redacted] Name of Person(s) Representing License

Tim Vargas;Bob Northcott;Roy Northcott;Amanda Cowin; Contract/Project Information Contract Date Contract Amount Amount Paid

August 16, 2021 $569,008.00 $569,008.00 Date Work Started Date Work Stopped Date Work Was Completed

December 16, 2021 January 30, 2023 January 30, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

January 30, 2023 January 30, 2023 Jobsite Street Address City State Zip

4140 Copperhead Drive Wickenburg AZ 85390 Name of Construction Site Owner Construction Site Name (if applicable)

Debra K Handlos Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Poor Work I have contacted the contractor by Email Have you filed a complaint in court? No Has any work been corrected? Yes

RCC099 12/05/18 Page 1 of 3 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 New Home

A building permit was obtained by Contractor 20210743 Wickenburg 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)

Exterior wall and trim around front entry door and garage door is not properly caulked; Exterior stucco is cracked excessively throughout exterior ; Grout is missing at front stone; Rear patio door is poorly installed and attempts to adjust it after are causing the jamb to bow. Bottom track has a sag in the middle and is not properly sealed. Top drywall has visible sag or bow in the bead. Side jamb is bowed from shimming.; Excess spray foam insulation has oozed out on the eaves; Split at entry beam; Storm collars are missing at one or more gas appliance B vents; At time home was built, Arc Fault protection by a special breaker was a requirement in all 120v circuits, except garage, bathroom, and exterior. This type of protection was not found at the kitchen and laundry areas and may have been removed or omitted during construction. Code adoption may avry by city and year.; GFCI protection was not found in the following areas: dishwasher/disposal receptable and laundry washer receptable; One or more of the exterior hose bibs (faucets) leak when opened; When switched to emergency heat, the unit did blow hot air, but only 91 degrees. A 60 amp breaker is installed (typical when heat kit is installed) but no boxes are checked for what size heat kit it has and the unit has a 30 amp supply; One or more rooms ( front bedroom) does not heat or cool as well as the other areas of the home. Evaluation by HVAC specialist to determine the CFM (airflow) and verify with a meter at each register to ensure even cooling ; Was told during final walk through that fan/ventilation cover would be redone so not unslightly; ton, 48,000 BTU, 15 SEER - home documents indicate a 16 SEER should have been installed; Air conditioning unit is not producing an adequate air temperature differential between the ambient and conditioned air inside the building. The split was 15 degrees.; Garage has spray foam on the roof deck but is not part of the conditioned attic. This method will result in the garage attic overheating. Foam is also not complete (or cannot be verified) in the overframe area. Garage insulation is typically at the ceiling line, with attic vents installed, even in spray foam houses.; Interior doors are not painted or sealed effectively on all 6 sides as required by the AZ registar of contractors standards. Failure to do this may mlead to doors swelling, warping, and rubbing/sticking on their jambs; Nails are protruding at the inside of the pantry door; One or more windows were not operating properly and need to be repaired or replaced to return them to their proper function. Den not plumb, closed but has a gap; Was told that defective screens in master bedroom and den would be replaced. No screen at patio door; Undermount sink is not properly secured and/or sealed to the stone countertop allowing moisture to get under the counter; Soap recess in master bath has excessive slope and combined with bgeveled tile, nothing will stay on the shelf; Bathtub in second bath drains slow when shower is running; Both toilets have clogged periodically from the beginning of move in; Second bath toilet defective at bottom inside of bowl ; Rough spots on bottom of tub that appear finish was removed when scratches and marks were removed; Noise has returned when unit shuts off; Grout uneven on fireplace and stone on hearth not level; Clean up hole that was cut in cabinet for dishwasher hookup to water; Fix holes in kitchen cabinets where under cabinet was installed

Signature

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Debra Kay Handlos \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 REPORT TYPE: WINDOW INSPECT/REPAIR SUMMARY SERVICE DATE: 09/18/2023 VENDOR REF: 230525-003568 WORK ORDER: 389780

JOHN HANDLOF  4140 Copperhead Dr Wickenburg, AZ 85390-1751  (805) 208-2894  (928) 499-8572  [email redacted]

Service Request - Pella Corporation This is a request for diagnostic service on the following: • Encompass patio door and sliding windows – The issue is the customer states the door is not sliding properly and there are gaps in the windows when they are closed.

Person Present: Handloff

Unit Issue Summary Sash/Frame # of Units Hardware Issues Glass Issues Operational Issues Air/Water Issues No Issues Issues 0 0 0 1 0 0

Service Notes Site Visit Overview Inspections

Additional Concerns

Vendor Ref: 230525-003568 Powered by InsightProSoftware Work Order: 389780 REPORT TYPE: WINDOW INSPECT/REPAIR REPORT SERVICE DATE: 09/18/2023 VENDOR REF: 230525-003568 WORK ORDER: 389780

JOHN HANDLOF  4140 Copperhead Dr Wickenburg, AZ 85390-1751  (805) 208-2894  (928) 499-8572  [email redacted]

Person Present: Handloff

Summary Unit Config. Location HDW GLASS SASH OPER AIR/WATER NONE RESOLVED Unit ID Xox Utility Room x No P5404916272 Slider Study/Office No P5204916327

Vendor Ref: 230525-003568 Powered by InsightProSoftware Work Order: 389780 Unit 1 Not Resolved Service Type Configuration Glazing Bead Elevation Location Inspection Xox Exterior 1st Floor Utility Room Unit Resolved Primary Issue Unit ID

No Operational P5404916272

Issue Reason: Hard to open/close Comments: Door track is uneven . Customer claims the installers put lots of shims at the bottom and the shims are forcing the track to bow up. These are installation error Track of window is uneven

Sill Reveal Level? No Daylight Reveal Even? N/A 1. 111 Square 3. 58 3/4 Height 6. 94 3/4 Width 2. 111 1/4 Variance 4. 58 11/16 Variance 7. 94 3/4 Variance

1/4 5. 58 5/8 1/16 8. 94 13/16 - 1/16

Unit 2 Not Resolved Service Type Configuration Glazing Bead Elevation Location Repair Slider Exterior 1st Floor Study/Office Unit Resolved Primary Issue Unit ID

No Installation issues P5204916327

Issue Reason: Wrong Part Comments: When the sash is locked. There is a gap between the frame and sash frame

Photos Unit 1 Unit 1 Unit 1 Full view of window unit Unit Id Sill Level

Vendor Ref: 230525-003568 Powered by InsightProSoftware Work Order: 389780 Unit 1 Unit 1 Unit 2 Operational Issue Optional Photo Full view of window unit

Unit 2 Unit 2 Unit 2 Existing Window Unit Unit Id Wrong Part

Unit 2 Unit Unit Existing Part Site Visit Site Visit

Vendor Ref: 230525-003568 Powered by InsightProSoftware Work Order: 389780 Unit Unit Site Visit Site Visit

Vendor Ref: 230525-003568 Powered by InsightProSoftware Work Order: 389780 REPORT TYPE: DOOR REPAIR REPORT SERVICE DATE: 09/18/2023 VENDOR REF: 230525-003568 WORK ORDER: 389780

JOHN HANDLOF  4140 Copperhead Dr Wickenburg, AZ 85390-1751  (805) 208-2894  (928) 499-8572  [email redacted]

Person Present: Handloff

Unit Location Configuration Slider Location Back Entry Able to Repair? NO - PART DAMAGED Are there any additional Parts or Repairs Needed? YES

Service Notes Repair Notes Existing door slightly bowed door track and scratches in between panes of 1 stationary igu and the sliding sash aswell.

Additional Notes Also flat trim to cover the gap between the 2 stationary panels was never installed. Recommend new stationary igu and and door track and sliding sash. Also the installers did not seal the threshold and thre is flashing showing from under the door. The door Also was adequately caulked or mortar repaired at the exterior. I told the customer when I return with there needed parts I can also finishing caulking issues and mortar repair for a better finish look Finish issues with sgd. No exterior caulking or mortar repair. Deficiencies in sliding sash igu and middle stationary igu. Slightly bent door track affecting function.

Vendor Ref: 230525-003568 Powered by InsightProSoftware Work Order: 389780 Repair Photos Full exterior view of door unit Parts Issue Additional Parts Needed

Additional Parts Needed Optional Photo Optional Photo

Optional Photo

Vendor Ref: 230525-003568 Powered by InsightProSoftware Work Order: 389780 Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: 1/18/24, 8:22 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No 2023-07086/Handlos/WK1156

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case No 2023-07086/Handlos/WK1156 message

Amanda Cowin <[email redacted]> Wed, Jan 17, 2024 at 4:35 PM To: "[email redacted]" <[email redacted]> Cc: Roy Northcott <[email redacted]>

To Whom It May Concern,

This is in response to Case No 2023-07086 regarding the study window. Compliance Items 2 and 3 were completed on 12/6/23. Compliance Item 1 the study window; had a window sash that was on order and we have been working on getting a date from the manufacturer, today we received notice that it is due in on 1/26 and we have reached out to the homeowner to schedule install on 2/1, we are currently waiting to hear back from the homeowner to make sure they will be available on the scheduled date. Please let me know if you need any further information.

AMANDA COWIN CUSTOMER CARE MANAGER

928.445.9427 EXT 571 [email redacted] 600 W Gurley St #100, Prescott, AZ 86305

EvermoreHomes.com

https://mail.google.com/mail/b/AEoRXRSvgTTAPflWGrtNbls8Dj5VEn5KlFufNzlIKRrhd6ZEhQXh/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 1/1 Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date:

Main Living Area Inspection Date:

Master Bedroom Inspection Date:

Front Room Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: 8/1/23, 11:17 AM State of Arizona Mail - Written Directive

Michael Wiskow <[email redacted]>

Written Directive messages

Michael Wiskow <[email redacted]> Mon, Jul 31, 2023 at 3:18 PM To: [email redacted], Debbie Handlos <[email redacted]>, Amanda Cowin <[email redacted]>

Please see attachment

-- Mike Wiskow Investigator #217 AZ State Registrar of Contractors 602.771.6750

20230731 C009 Written Directive (Inspection).pdf 211K

Amanda Cowin <[email redacted]> Mon, Jul 31, 2023 at 3:22 PM To: Michael Wiskow <[email redacted]>, Corporate <[email redacted]>, Debbie Handlos <[email redacted]>

Received thank you.

[Quoted text hidden]

Debbie Handlos <[email redacted]> Tue, Aug 1, 2023 at 8:02 AM To: Michael Wiskow <[email redacted]>

Michael:

If you wouldn't mind, can you please answer a few questions for us on some of the items in the directive you attached.

1. On some of the items under Items Not Requiring Correction the answer is Not Verified. Does this mean it wasn't checked or is it not justified under certain standards or codes?

2. Under Items Not Requiring Correction you state that the defect in the two screens are minimal but you didn't mention that the screen for the sliding door was missing.

3. The holes in the back of the underneath part of the cabinet cut to install the under cabinet lighting that are too big and slightly were verified and should be repaired but the unsightly hole that was improperly cut in the cabinet for dishwasher hookup was not. Can you please explain why this hole should not be repaired also?

4. We have a Home Inspector Report that states there are problems with some of the windows that require correction and a Pella rep that is also in agreement with that assessment. Your report indicates there is no problem. How do we resolve this apparent discrepancy?

We appreciate your time yesterday and your assistance to get these corrections/repairs done for our home.

Regards, Debra & John Handlos [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r886784937569232794&simpl=msg-a:r8829697609237642… 1/2 8/1/23, 11:17 AM State of Arizona Mail - Written Directive Michael Wiskow <[email redacted]> Tue, Aug 1, 2023 at 11:16 AM To: Debbie Handlos <[email redacted]>

Good Morning,

1. Not Verified means it was inspected and not determined to be a directive item.

2. I did forget the patio screen. I will add that.

3. This hole is not visible without opening a door. A hole that size is typical for the dishwasher.

4. You can continue to work with Dorn and Pella if you would like for any alleged window issues. I did not see an issue with the windows so I did not add this to the directive.

Thank You

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=e45caa793b&view=pt&search=all&permthid=thread-a:r886784937569232794&simpl=msg-a:r8829697609237642… 2/2 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