2023A-07435-CHC-ROC Notice of Hearing and Packet MAILED

2023A-07435-CHC-ROC · Registrar of Contractors · 2023-10-06

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Linda Kay Bolen , Case No. 2023-07435 COMPLAINANT, Docket No. 2023A-07435-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Leak Stoppers LLC License No. ROC 321310,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

November 28, 2023 1:00 PM Velva Moses-Thompson 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 September 15, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

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

Charge: 3 A.R.S. § 32-1154(A)(16)

Charge: 4 A.R.S. § 32-1154(A)(22)

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

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

be a party to the hearing.

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

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

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

1156(B).

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

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

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

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

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

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

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

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

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION

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

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated October 6, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 6, 2023 to:

Respondent(s) Leak Stoppers LLC 4444 N. Rockcliff Rd. Tucson, AZ 85750 Complainant(s) Linda Kay Bolen 5451 N Indian Trl Tucson, AZ 85750

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. 2023-07435 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

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

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

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

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

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

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

Complainant: Linda Bolen 5451 North Indian Trail Tucson, AZ 85750

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: Leak Stoppers LLC DBA: 4444 N. Rockcliff Rd. Tucson, AZ 85750

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 July 11, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-07435

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for August 16, 2023 at 11:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

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

Sincerely, Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

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

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

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

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

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

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

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

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

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Jobsite Inspection Notes

Case No.: 2023-07435 Investigator: Mike Springer Inspection Date: August 16, 2023 Inspection Time: 11:00 AM

Complainant: Linda Bolen Respondent: Leak Stoppers LLC Not Present: Not Present:

Jobsite General Notes: Photos were taken to document items. The complainant/Respondent and I addressed each item of the complaint. JSI audio recorded.

Complaint Item: 1 - Paint entire outside of house, including garage and patio and doors. No work done. Todd Evans asked me if I wanted my money back because he fired his painter so he was going to contract the job out. I told him I wanted my money back. Todd Evans said he will refund my money but he didn't have any money now and had to finish a few jobs. Now , weeks laterTodd Evans will not return my phone calls or texts. I have been calling 1-3 times per day and texting. Please help me get my money that he has had since November 18, 2022. rn Paint my son's room including walls, ceiling, and closet. No work done. I still have not received my money back. Investigator’s Observation: No paintwork was attempted. Respondent is not licensed for painting. Governing Rule: Knowingly contracting beyond the scope of the license or licenses of the licensee.

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

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

Complaint Item: 2 - Repair 6 holes in drywall by light switches. No work done. No refund. Won't return my phone calls or texts. Investigator’s Observation: There are 6 holes throughout the house needing repair. None of these were attempted. Respondent is not licensed for this type of work. Governing Rule: Knowingly contracting beyond the scope of the license or licenses of the licensee.

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 # 2023- 07435 P 1 JSI address: 5451 North Indian Trail Date: 8-16-23 JSI PHOTOS Complaint # 2023- 07435 P 2 JSI address: 5451 North Indian Trail Date: 8-16-23 JSI PHOTOS Complaint # 2023- 07435 P 3 JSI address: 5451 North Indian Trail Date: 8-16-23 JSI PHOTOS Complaint # 2023- 07435 P 4 JSI address: 5451 North Indian Trail Date: 8-16-23 JSI PHOTOS Complaint # 2023- 07435 P 5 JSI address: 5451 North Indian Trail Date: 8-16-23 JSI PHOTOS Complaint # 2023- 07435 P 6 JSI address: 5451 North Indian Trail Date: 8-16-23 JSI PHOTOS Complaint # 2023- 07435 P 7 JSI address: 5451 North Indian Trail Date: 8-16-23 JSI PHOTOS Complainant: Linda Bolen 5451 North Indian Trail Tucson, AZ 85750

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: Leak Stoppers LLC DBA: 4444 N. Rockcliff Rd. Tucson, AZ 85750

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 August 16, 2023

License No. ROC 321310

Re:Complaint No. 2023-07435

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on September 1st, 2023.

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

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

Compliance Item: 1 - Paint entire outside of house, including garage and patio and doors. No work done. Todd Evans asked me if I wanted my money back because he fired his painter so he was going to contract the job out. I told him I wanted my money back. Todd Evans said he will refund my money but he didn't have any money now and had to finish a few jobs. Now , weeks laterTodd Evans will not return my phone calls or texts. I have been calling 1-3 times per day and texting. Please help me get my money that he has had since November

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 18, 2022. Paint my son's room including walls, ceiling, and closet. No work done. I still have not received my money back. Investigator’s Observation: No paintwork was attempted. Respondent is not licensed for painting. Governing Rule: Knowingly contracting beyond the scope of the license or licenses of the licensee.

Compliance Item: 2 - Repair 6 holes in drywall by light switches. No work done. No refund. Won't return my phone calls or texts. Investigator’s Observation: There are 6 holes throughout the house needing repair. None of these were attempted. Respondent is not licensed for this type of work. Governing Rule: Knowingly contracting beyond the scope of the license or licenses of the licensee.

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

Sincerely,

Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Linda Kay Bolen, Case No. 2023-07435 COMPLAINANT, v.

Leak Stoppers LLC, CITATION License No. ROC 321310,

RESPONDENT.

The Registrar issues this Citation to Leak Stoppers LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 30, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On July 2, 2023, Linda Kay Bolen (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158. Charge :3 A.R.S. § 32-1154(A)(16) Knowingly contracting beyond the scope of the license or licenses of the licensee. Charge :4 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. 2023-07435. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 30, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings.

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any 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

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar. Dated September 15, 2023 By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 15, 2023 to: Respondent Certified Mail No: [number redacted] Leak Stoppers LLC 4444 N. Rockcliff Rd. Tucson, AZ 85750

Copy mailed by USPS First Class Mail this same date to: Respondent Leak Stoppers LLC 4444 N. Rockcliff Rd. Tucson, AZ 85750 Complainant Linda Kay Bolen 5451 N Indian Trl Tucson, AZ 85750 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. 2023-07435

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 1740 W Adams St., Lower Level, 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 ARIZONA REGISTRAR OF CONTRACTORS

Douglas A. Ducey, Governor Jeff Fleetham , Director

Form REQUEST TO CLOSE CASE RC-Lg-701A

Instructions Complete this form to request that the Registrar close a case where the Registrar previously issued a citation. Before the Registrar issues an order closing a case that resulted in citation, both parties must agree to the closure. After consideration, the Registrar may approve the request.

If both parties do not demonstrate their willingness for the Registrar to issue an Order of Closing by completing this form, then the matter will continue to proceed to administrative resolution. This means that, if not already done so:

The Respondent will be required to: 1. Submit a written answer as directed by the Citation and required under A.R.S. § 32-1155(A). o Failure to timely submit an answer may result in the admission of the allegations contained within the citation. A.R.S. § 32-1155(B); and 2. Request a settlement conference under A.R.S. §41-1092.06, if desired.

The Complainant will be required to establish, before the administrative law judge, the merits of their claim.

A. CASE INFORMATION 1. Case Number 2. Complainant 3. Respondent

B. PARTIES ACKNOWLEDGMENT & SIGNATURE Complainant acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. The Registrar may decline to reopen this case; and 2. Complainant’s future remedies, if any, may be limited to another forum. Respondent acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. Respondent’s license record will have a “Closed Case” designation associated with this case; and 2. This case will appear on the Respondent’s public license record available through the Registrar of Contractors’ website as a “Resolved/Settled/Withdrawn” case for a period of seven years.

_____________________ _____________________ ______________ Complainant’s Name Complainant’s Signature Date

_____________________ _____________________ ______________ Respondent’s Name Respondent’s Signature Date

1700 W. Washington Street, Suite 105 ● Phoenix AZ 85007-2812 602.542.1525 ● Within AZ 877.692.9762 ● Fax 602.542.1599 ● www.roc.az.gov

Form RC-Lg-701A Request to Close Case Rev 1/18/2019 Page 1 of 1 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)

Linda Kay Bolen Mailing Address (Enter jobsite in Contract/Project section) City State Zip

5451 North Indian Trail Tucson Arizona 85750 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)

Leak Stoppers LLC ROC 321310 Street Address City State Zip

Phone Number Email

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

Todd Arthur Evans Contract/Project Information Contract Date Contract Amount Amount Paid

November 18, 2022 $3,500.00 $3,500.00 Date Work Started Date Work Stopped Date Work Was Completed

Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

5451 North Indian Trail Tucson AZ 85750 Name of Construction Site Owner Construction Site Name (if applicable)

Linda Kay Bolen Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

The contract was Oral All change orders were Oral This project was Residential This project involved Repair

A building permit was obtained by N/A 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)

Paint entire outside of house, including garage and patio and doors. No work done. Todd Evans asked me if I wanted my money back because he fired his painter so he was going to contract the job out. I told him I wanted my money back. Todd Evans said he will refund my money but he didn't have any money now and had to finish a few jobs. Now , weeks laterTodd Evans will not return my phone calls or texts. I have been calling 1-3 times per day and texting. Please help me get my money that he has had since November 18, 2022. rn ; Paint my son's room including walls, ceiling, and closet. No work done. I still have not received my money back. ; Repair 6 holes in drywall by light switches. No work done. No refund. Won't return my phone calls or texts.

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

Linda Kay Bolen \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 ROC 2nd Complaint Pain/ng

Full Payment Chase Check 1320 dated 11-18-22 Received 09/29/2023 ROC Legal

LeakStopper's LLC ROC #321310 Office: 520-447-5821 www.LeakStoppersRoofing.com [email redacted] Date: September 29, 2023

Subject: Written Answer to Citation and Complaint Case No. 2023-07435 Complainant: Linda Bolen Respondent: LeakStoppers LLC

To Whom it May Concern: In response to Citation Case No. 2023-07435 in the matter between Linda Kay Bolen COMPLAINANT, v. Leakstoppers LLC, License No. ROC 321310 RESPONDENT, I, Todd Evans, state cause as to why my license should not be suspended or revoked, as follows:

In rebuttal, to the Formal Statements of the Charges Against my firm LeakStopper's LLC, I submit the following statements. Please enter Exhibit 1: Closed Case Complaint No. 2023-07433 into evidence which will be referenced in my statements below.

On July 7, 2023, my firm received formal Complaint No. 2023-07435. On August 7, 2023, my firm received formal Complaint No. 2023-07433. >>> Both formal Complaint’s listed the same dates of July 11, 2023 on the top, and listed same day Job Inspection Appointments with 2 different times of 10:30 a.m. and 11:00 a.m. Because the Complaint Numbers were so similar in proximity, were identical in format, had the same Job Inspection date, complaint details for the same client with the complaints that my firm was aware were being disputed, then not being entirely familiar with the ROC code filing system, I believed these were both the same case. Unfortunately, due to the undistinguishable file numbering system for the same case, names, dates, schedules and transmission of the division between these 2 Complaint’s, it is understandable that I was not aware there were 2 different Complaint’s. At the Job Inspection appointment on August 16, 2023, all matters of the complaints were discussed, further confirming that this was 1 Complaint. On August 16, 2023, my firm received 2 Written Directives and later on August 22, 2023, received an Amended Written Directive to have the required directives repaired by September 7, 2023, which were executed. On September 14, 2023, I received a formal notice that the Complaint was being closed. In regard to the Complainant’s painting disputes in combination with the Written Directive requirements pertaining to those matters that plainly stated I was prohibited from doing work outside the scope of my CR-42 license, which meant I could not repair the Complainant’s painting needs or further involve myself in assisting her acquire a painting Contractor. Upon receiving the ROC’s Written Directive for the painting requirements, I’d like it to be on the record that I read it to be highly contradictory, considering the Agent writes what needs to be fixed for the painting projects with the governing rules and A.R.S. listed throughout that Written Directive, literal statements not to do any work outside the scope of my CR-42 Roofing License, which I deduced to mean there was nothing (of mention) that I was required to do.

Received 09/29/2023 ROC Legal

Therefore, it was my understanding that the matters between Complainant and Respondent were being closed in their entirety.

Case No. 2023-07435: Written Directive: Attention to Compliance Item 1: Investigator’s Observation’s are written as follows: “No paintwork was attempted. Respondent is not licensed for painting”. With respect, the above mentioned statement is 100% clear in that there is no action or duty written or required; the Agent does not plainly state any directive. This is proceeded with the Governing Rule: Knowingly contracting beyond the scope of the license or licenses of the licensee. With respect, the Directive in Compliance Item 1 is only indicative of prohibition for any work to be performed under my CR-42. Any representation of corrective action is misleading due to the counteractive remarks and A.R.S. precedented.

Case No. 2023-07435: Written Directive: Attention to Compliance Item 2: Investigator’s Observation’s are written as follows: “There are 6 holes throughout the house needing repair. None of these were attempted. Respondent is not licensed for this type of work”. With respect, the above mentioned statement mimics the same pattern of deduction as Item 1 with only 1 profound Directive of prohibition for the aforementioned type of work. To reiterate, the Agent does not specify, in any way, a particular objective for the Respondent to execute pertaining to the Complainant. This is proceeded with the same Governing Rule: Knowingly contracting beyond the scope of the license or licenses of the licensee. With respect, maintaining the Directive to not perform work outside the scope of my license. The Directive Requirements directly contradict the restrictions included in the Written Directive and the Letter of Warning.

To this collection of deductible reasoning mentioned above, thus far, begs the question, is the Citation for Case No. 2023-07435 thoroughly complicit under Title 32, Chapter 10 of the A.R.S. or was it prematurely issued, qualifying it to be reconsidered?

My professional suggestion, is that this unfortunate but understandable miscommunication can easily be deduced as a technicality that has resulted in my firm receiving a hefty Citation, could benefit from retracting the inquest for a formal Hearing to review this case’s true objective. I’m requesting this suggestion be considered and taken under advisement for being the most responsible, time and cost effective avenue at this time.

In the matter of the Charges :1-4 being brought against LeakStopper’s LLC, I so state:

Charge :1 For the violation charge of A.R.S. § 32-1154 (A)(3), I request it be formally noted and known that any qualifying corrective action was performed and resolved in a professional and workmanlike manner, as directed in Written Directive No. 2023-07433 as allowed within my CR-42 Roofing License’s scope of work, prior to the deadline under A.R.S. code. Let it be also known, that Complaint No. 2023-07433 was closed “pursuant to a telephone conversation with the Complainant”, which in actuality was the only Written Directive with written statements of instruction for my firm. The Written Directive for No. 2023-07435 was indecisively distributed and unclear; it contained no known or decisive demands of affirmation by the ROC. On the record, I did not “knowingly” violate statute R4-9-108(a), (a detailed explanation provided under Charge :3 below), therefore, I dispute the charges claiming violation in Charge :1 for inaccuracies, speculations, broad like statements and lack of clarity distinguished in the contradicting position of the ROC in the Written Directive these Charges are based on.

Received 09/29/2023 ROC Legal

Charge :2 For the violation charge of A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158, I’d like to go on the record that I was unable to decipher if my firm is being charged with all the A.R.S. between 1154(A)(12) - 1158 or just the two listed in their description of the charges because the charge description enters “Namely A.R.S. § 32-1158”. I’d like it to be on the record that I am requesting an inquest of clarification on this unclear manner in which the charges are presented before I can complete my full statement of defense pertaining to these matters. In the interim, I will proceed with my defense of the 2 known charges named in the description. For the violation charge of A.R.S. § 32-1154(A)(12), I’d like to bring attention prior to the deadline for Case No. 2023-07435 Written Directive, the ROC was prepared to maintain a position of issuing a warning. To my understanding, the issuance of the warning was based in and around A.R.S. § 32-1154(A)(16). Due to my aforementioned attestation as to why this “deadline” in question was not met as well as the boldest statement of no direction further indicated in the Written Directive, it appears there was no failure to execute as per written from the ROC, thus making this charge null for lack of grounds, especially considering the reasons behind the deadline being unintentionally missed. For the violation charge of A.R.S. § 32-1158, let it be noted for the record that my firm was disciplined for this violation post the Complainant’s date the contract went into agreement; furthermore, my firm has resolved our “Proposal Contract Agreement” forms and a blank template containing all the preliminary requirements was provided to the ROC. Therefore, this violation is not applicable as it has already been addressed and henceforth, included in all contract interactions.

Charge :3 For the violation charge of A.R.S. § 32-1154(A)(16) I request it to be formally noted and known that Charge :3 clearly states “knowingly contracting beyond the scope of the license or licensee”, however, I did not “knowingly” disregard the statute in violation. I would like to discuss the Charge :3 further being that I’ve had my CR-42 Roofing License since 2005 and been in the industry for 2 decades prior to that, I didn’t realize my error. Due to the length of time I’ve been in this trade, the ROC has never required me to take renewal tests or refresher tests. I firmly state, I did not knowingly violate the statute listed on Charge :3.

Charge :4 For the violation charge of A.R.S. § 32-1154(A)(22), I request it to be formally noted and known that Charge :4 only took place due to the confusion in similarities of the transmission and case numbers as thoroughly explained above. Not only was I not non-compliant within a reasonable period, I was under the impression the cases were one in the same and that no further action was permitted under the governing rules repeatedly stated. It is my professional opinion, that the charge for violation of A.R.S. § 32-1154(A)(22) is invalid due to the circumstances dully noted in my above statements.

In summary, I do not believe Charge :1 or Charge :2 are valid if they are pertaining to paint repairs that the Directive Action and Citation documents cite me for as ‘bidding outside the scope of my license’ and also dictate verbiage that strictly prohibits me from repairing or any involvement after the Administrative Code Rule was governed in the Directive. The deadline was absolved because there was no clear Directive of Action given.

I’d like to formally state, that prior to the ROC ruling to give me a Citation for Case No. 2023-07435, my firm received a Letter of Warning along with the Written Directive that technically listed no actual written directives for course of action. In this Letter of Warning, it states, “The Registrar does not presently intend to pursue disciplinary action for the alleged violations”. Being that there was a clear miscommunication in everyone’s communication, it seems only fair to move forward without the Citation. If this is not possible, I would like to request a formal inquest to ascertain the facts relating to the contradiction for Charges :1-4 and their validity in light of the undue process and the contradiction of A.R.S. All of the above statements, are my cause as to why my license should not be suspended or revoked.

Received 09/29/2023 ROC Legal

In the matter of Case No. 2023-07435 for Charges :1-4, being that no construction action was indicated, I deduce that the Citation is in direct relation to the refund of the Complainant despite it never once being stated by the Agent. Despite the vagueness around the reimbursement, which is not a proper procedural tool to be vague, I have no dispute in regard to refunding the Complainant. I am prepared to negotiate settlement terms with the Complainant.

Once again, please elaborate the distinction of and between the Charges listed (to be included) for Charge :2, as mentioned in that section above, and allow me an opportunity to prepare an Addendum to my statement therein.

It is with most gratitude and respect that I thank you for this opportunity to enter my statements regarding these matters and under consideration at this time.

Thank you,

Sincerely, Todd Evans

Todd Evans, CEO LeakStopper's LLC Mobile: (520) 982-8660 Office: (520) 447-5821 Email: [email redacted] Website: www.LeakStoppersRoofing.com

Received 09/29/2023 ROC Legal

Complainant: Linda Bolen 5451 North Indian Trail Tucson, AZ 85750 Received 09/29/2023 ROC Legal

Respondent: Leak Stoppers LLC DBA: 4444 N. Rockcliff Rd. Tucson, AZ 85750 Received 09/29/2023 ROC Legal

August 22, 2023

License No. ROC 321310

Re:Complaint No. 2023-07433

AMENDED

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

Compliance Item: 1 - Patio roof boards not repaired Investigator’s Observation: This is in regard to the Fascia along the edge of the porch. There are some rotted boards along the West side of the porch. Governing Rule: Violation of any rule adopted by the Registrar;

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). Received 09/29/2023 ROC Legal

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

Compliance Item: 2 - Repaired angle wood board on overhang is not smooth, it is rough with grooves and ripples, It was painted with semi gloss paint when the rest of the wood is painted with satin paint. So it really stands out and looks horrible. Also, blue paint was put on the beige wood area of the overhang. Investigator’s Observation: Small area on South side where valley terminates is missing previous cement . Area is rough. 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 - Repaired angle wood roof area on other side of the house had a large chunk of cement (where the wood meets the tile) fall off so the roof looks like it is missing parts.; Investigator’s Observation: Small area on North side where valley terminates is missing previous cement . Area is rough. Paint is shinier in this area indicating wrong sheen was used. 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 - There are nails from the roof coming through the overhang all the way around the house. The nails are sticking out 1-3 inches. The nails have splinted the wood on the overhang so the overhang is damaged all around the house. I am worried the roofers used these long nails all over my roof so nails are going through the roof and when it rains, water will go into my attic. I had a virus attack my vestibular balance nerve that goes from my ear to Received 09/29/2023 ROC Legal

my brain. So I have had vertigo since Sept 12, 2022. I am doing vestibular brain rehab PT at St. Joseph's Hospital so I can't go on a ladder in my closet to crawl in the attic space to look. I can't climb on a ladder and walk on the roof with the vertigo because I don't have balance and would fall off the roof. Investigator’s Observation: Nails and staples have over penetrated throughout the outside overhang and porch. Nails or staples should penetrate no more than 1/4". Area on rear porch should have no penetrations. 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 - The roofing debris was not cleaned up. I picked up hundreds of nails and small sharp pieces of debris, chunks of cement, and broken pieces of roof tile because I had 2 dogs and I didn't want them to injure their paws. ; New, unused roofing supplies left on the ground in my backyard. Investigator’s Observation: Roofing material (Tile, nails etc left in yards. 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.

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

Sincerely,

Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812 Received 09/29/2023 ROC Legal

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

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

Leak Stoppers LLC

4444 N Rockcliff Rd Tucson, AZ 85750 Received 09/29/2023 ROC Legal

(DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

, Received 09/29/2023 ROC Legal

(DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

, Received 09/29/2023 ROC Legal

Complainant: Linda Kay Bolen 5451 N Indian Trl Tucson, AZ 85750 Received 09/29/2023 ROC Legal

Respondent: Leak Stoppers LLC DBA: 4444 N. Rockcliff Rd. Tucson, AZ 85750 Received 09/29/2023 ROC Legal

September 14, 2023

Re: Complaint No: 2023-07433 Filed by Linda Kay Bolen against Leak Stoppers LLC Please be advised that we are closing this complaint pursuant to:

☒ Our recent telephone conversation with the complainant.

☐ Correspondence (enclosed) we have received from the complainant.

☐ Our recent jobsite meeting.

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

Sincerely, Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

CC: Respondent Choose an item. Choose an item. Choose an item. Received 10/2/23, 8:27 AM 09/29/2023 State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-07435 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case No. 2023-07435 message

LeakStopper's LLC <[email redacted]> Fri, Sep 29, 2023 at 10:59 AM To: [email redacted], Legal New Mail - AZROC <[email redacted]>

Please see the attachments below in reference to: Attachment 1: Written Answer to Citation and Complaint Case No. 2023-07435 Attachment 2: 20230822 -Written Directive (Inspection)-2023-07433 AMENDED Attachment 3: 20230914 Formal Close Letter-2023-07433

Best Regards, Todd Evans LeakStopper's LLC Office: (520) 447-5821 Hours: On-Standby 24/7/365 Website: www.LeakStoppersRoofing.com [email redacted] [email redacted]

attachments 20230822 -Written Directive (Inspection)-2023-07433 AMENDED.pdf 165K 20230914 Formal Close Letter-2023-07433.pdf 127K Written Answer to Citation and Complaint Case No. 2023-07435.pdf 375K

https://mail.google.com/mail/b/AEoRXRTFSyR67psrqRMz-EHXfBq9FGYSHx1svFUsFAyumYr7GnV7/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/1 Mediation Notice

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

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