2023A-07664-CHC-ROC Notice of Hearing and Packet MAILED

2023A-07664-CHC-ROC · Registrar of Contractors · 2023-10-17

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Yvonne Godwin , Case No. 2023-07664 COMPLAINANT, Docket No. 2023A-07664-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Rhino Construction & Remodeling LLC License No. ROC 333636,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 4, 2023 9:00 AM 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 21, 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)(9)

Charge: 3 A.R.S. § 32-1154(A)(12)

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 18, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 18, 2023 to:

Respondent(s) Rhino Construction & Remodeling LLC 3305 S 80th Dr Phoenix, AZ 85043 Complainant(s) Yvonne Godwin 35222 W McNeil St Arlington, AZ 85322

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. 2023-07664 /

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: Yvonne Godwin 35222 W McNeil St Arlington, AZ 85322

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: Rhino Construction & Remodeling LLC DBA: 3305 S 80th Dr Phoenix, AZ 85043

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 28, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-07664

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for August 17, 2023 at 10:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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 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.

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 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: Yvonne Godwin 35222 W McNeil St Arlington, AZ 85322

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: Rhino Construction & Remodeling LLC DBA: 3305 S 80th Dr Phoenix, AZ 85043

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 17, 2023

License No. ROC 333636

Re:Complaint No. 2023-07664

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on September 6, 2023.

RESTRICTIONS  You may not perform or hire other contractors to perform work that is outside the scope of your license.  If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 DIRECTIVE REQUIREMENTS

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

Compliance Item: 1 - Electrical was done improperly and created fire hazards. Bedroom 1 has no power at all Investigator’s Observation: Confirmed. Bedroom 1 has outlets and lighting that does not operate. All outlets, switches and light fixtures should work properly. 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 - The west wall and part of the south wall of the Livingroom have no power Investigator’s Observation: Confirmed. The Livingroom outlets do not work when a lamp is plugged in. All outlets, switches and light fixtures should work properly. 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 - Kitchen has No working lights Investigator’s Observation: Confirmed. The kitchen lighting is currently not working. All outlets, switches and light fixtures should work properly. 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: 4 - Kitchen has improper wiring with exposed wires. Investigator’s Observation: Confirmed. There is wire showing at the upper cabinet outlet. Rough wiring/Romex should not be exposed. 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 - Did not install smoke detectors I provided Investigator’s Observation: Confirmed. Respondent contract confirms "Like for Like". Smoke detectors should be installed. If code requires hard wired smoke detectors, they should be hard wired. Contractor should install smoke detectors 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 - Toilets not sealed Investigator’s Observation: Confirmed. The toilets should be caulked at the base. 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 C009 04/21 Compliance Item: 9 - Toilet crooked. Investigator’s Observation: Confirmed. Toilets should be installed straight and level per manufacturer's recommendations. 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: 10 - Glazing not done properly, Investigator’s Observation: Confirmed. Glazing on the tub is unsighlty. 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: 11 - Tub surrounds not done properly, streaks, runs, and gaps Investigator’s Observation: Confirmed. The tub surround has a gap. The surround is not secured properly. 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: 12 - The tub in bathroom 2 was damaged when installing the surround. Investigator’s Observation: Confirmed. There is adhesive on the tub in the 2nd bathroom. 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: 13 - Countertops were improperly installed with a toxic chemical used to seal joints that was wiped all over the counters (butcher block) making them unsafe for kitchen use. Investigator’s Observation: It is unclear if the joint compound is toxic. However, the gaps in the countertop are excessive. 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: 14 - Casings around windows and doors have gaps; they tried to correct with caulking but can still see gaps and uneven spots.; Investigator’s Observation: Confirmed. Miter corners should be flat with no lippage. Contractor should verify each corner that needs repair 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: 15 - Stove vent hood improperly install. The person doing the electrical installed the hood. Hood does not vent out of the house even though holes were cut. Flap to the outside in missing. Investigator’s Observation: Confirmed. The stove vent is currently vented with flex pipe which is not allowed. Smooth metal should be used for ducting material. Furthermore, the return air gravity flap has been removed. There should be a gravity flap.

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: 17 - Master closet was not properly prepped or painted. No holes were patched or sanded smooth. Investigator’s Observation: Confirmed. The texture on the walls in the master closet are unsightly and should be repaired. 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 - Bathroom 3 drywall by door not properly completed Investigator’s Observation: Confirmed. Drywall in bathroom number 3 is unsightly and should be repaired. 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 - Wall behind stove and dishwasher has multiple holes where they tried to run wires through. Rough patched but not sanded or painted Investigator’s Observation: Confirmed. Drywall behind the stove is unsightly and should be repaired. 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: 21 - Master Bath - When painted, the shower was not properly taped off so there is paint on the surround and the door. Investigator’s Observation: Confirmed. There is some paint in the master bath that should be cleaned up. 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: 26 - Multiple Electrical code violations per Licensed Electrical contractor. Investigator’s Observation: Confirmed. *Dishwasher is hardwired with 12-2 romex. The 12-2 romex is exposed. Wire splices are outside of box. NEC 334.10(3), 334.15, 334.30(C), 334.40(B) *South east counter top receptacle shows open ground. Not GFCI protected. NEC 210.8(A)(6) *South west countertop receptacle powered by 15 amp lighting circuit. Not GFCI protected. NEC 210.8(A)(6), 210.11(C)(1) *Room next to kitchen is not wired correctly. 30v AC was observed on neutral wire. No outlets are working. Recommend running new home run and rewire aff ected receptacles. *Kitchen counter light switches not wired correctly. Neutral conductor used as a switchleg,

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 ground wire used as a neutral. NEC 404.2(C), 250.6(A)(B) *Plastic protective bushing not installed on hood. 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.

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Compliance Item: 6 - Front porch light - light switch electrical box not properly recessed. Investigator’s Observation: Unable to determine.

Compliance Item: 7 - Plumbing not installed properly. Dishwasher drain hose missing, wrong piping used for sink install. Ice maker not connected. Investigator’s Observation: Completed by others before JSI

Compliance Item: 16 - Installer cut so many holes in the cabinet that it is unusable. Investigator’s Observation: Unable to determine.

Compliance Item: 18 - Gaps in flooring causing movement. Vent holes for AC/Heat vents cut wrong causing covers to move Investigator’s Observation: Flooring meets workmanship standards.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 22 - Paint - the interior of the house has light and dark spots in every room where paint was not applied evenly Investigator’s Observation: Unable to determine. Paint was acceptable.

Compliance Item: 23 - Front Door - The front door is brand new, installed on 4/5/23. There are multiple dents in the door where they were not careful bring in supplies and equipment. ; Investigator’s Observation: There is insufficient evidence to support this allegation

Compliance Item: 24 - Replaced two doors in Bedroom 1 and Master Bath, when they removed the old doors, they through away my custom door knobs. Investigator’s Observation: There is insufficient evidence to support this allegation

Compliance Item: 25 - Broke the light above my fireplace which I had to replace. Investigator’s Observation: This light has been replaced.

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

Sincerely,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted]

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 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 C009 04/21 Jobsite Inspection Notes

Case No.: 2023-07664 Investigator: Mike Wiskow Inspection Date: August 17, 2023 Inspection Time: 10:30 AM

Complainant: Yvonne Godwin Respondent: Rhino Construction Not Present: & Remodeling LLC Not Present:

Jobsite General Notes: Photos taken with Pixel 6 Pro. Audio recorded with Pixel Pro 6 digital voice recorder.

Complaint Item: 1 - Electrical was done improperly and created fire hazards. Bedroom 1 has no power at all Investigator’s Observation: Confirmed. Bedroom 1 has outlets and lighting that does not operate. All outlets, switches and light fixtures should work properly. 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: 2 - The west wall and part of the south wall of the Livingroom have no power Investigator’s Observation: Confirmed. The Livingroom outlets do not work when a lamp is plugged in. All outlets, switches and light fixtures should work properly. 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 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: 3 - Kitchen has No working lights Investigator’s Observation: Confirmed. The kitchen lighting is currently not working. All outlets, switches and light fixtures should work properly. 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 - Kitchen has improper wiring with exposed wires. Investigator’s Observation: Confirmed. There is wire showing at the upper cabinet outlet. Rough wiring/Romex should not be exposed. 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 - Did not install smoke detectors I provided Investigator’s Observation: Confirmed. Respondent contract confirms "Like for Like". Smoke detectors should be installed. If code requires hard wired smoke detectors, they should be hard wired. Contractor should install smoke detectors 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: 6 - Front porch light - light switch electrical box not properly recessed. Investigator’s Observation: Unable to determine. Governing Rule:

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

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

Complaint Item: 7 - Plumbing not installed properly. Dishwasher drain hose missing, wrong piping used for sink install. Ice maker not connected. Investigator’s Observation: Completed by others before JSI Governing Rule:

Complaint Item: 8 - Toilets not sealed Investigator’s Observation: Confirmed. The toilets should be caulked at the base. 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: 9 - Toilet crooked. Investigator’s Observation: Confirmed. Toilets should be installed straight and level per manufacturer's recommendations. 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: 10 - Glazing not done properly, Investigator’s Observation: Confirmed. Glazing on the tub is unsighlty. 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: 11 - Tub surrounds not done properly, streaks, runs, and gaps Investigator’s Observation: Confirmed. The tub surround has a gap. The surround is not secured properly.

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: 12 - The tub in bathroom 2 was damaged when installing the surround. Investigator’s Observation: Confirmed. There is adhesive on the tub in the 2nd bathroom. 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: 13 - Countertops were improperly installed with a toxic chemical used to seal joints that was wiped all over the counters (butcher block) making them unsafe for kitchen use. Investigator’s Observation: It is unclear if the joint compound is toxic. However, the gaps in the countertop are excessive. 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 - Casings around windows and doors have gaps; they tried to correct with caulking but can still see gaps and uneven spots.; Investigator’s Observation: Confirmed. Miter corners should be flat with no lippage. Contractor should verify each corner that needs repair and 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 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: 15 - Stove vent hood improperly install. The person doing the electrical installed the hood. Hood does not vent out of the house even though holes were cut. Flap to the outside in missing. Investigator’s Observation: Confirmed. The stove vent is currently vented with flex pipe which is not allowed. Smooth metal should be used for ducting material. Furthermore, the return air gravity flap has been removed. There should be a gravity flap. 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: 16 - Installer cut so many holes in the cabinet that it is unusable. Investigator’s Observation: Unable to determine. Governing Rule:

Complaint Item: 17 - Master closet was not properly prepped or painted. No holes were patched or sanded smooth. Investigator’s Observation: Confirmed. The texture on the walls in the master closet are unsightly and should be repaired. 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: 18 - Gaps in flooring causing movement. Vent holes for AC/Heat vents cut wrong causing covers to move

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: Flooring meets workmanship standards. Governing Rule:

Complaint Item: 19 - Bathroom 3 drywall by door not properly completed Investigator’s Observation: Confirmed. Drywall in bathroom number 3 is unsightly and should be repaired. 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 - Wall behind stove and dishwasher has multiple holes where they tried to run wires through. Rough patched but not sanded or painted Investigator’s Observation: Confirmed. Drywall behind the stove is unsightly and should be repaired. 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 - Master Bath - When painted, the shower was not properly taped off so there is paint on the surround and the door. Investigator’s Observation: Confirmed. Thee is some paint in the master bath that should be cleaned up. 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: 22 - Paint - the interior of the house has light and dark spots in every room where paint was not applied evenly

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: Unable to determine. Paint was acceptable. Governing Rule:

Complaint Item: 23 - Front Door - The front door is brand new, installed on 4/5/23. There are multiple dents in the door where they were not careful bring in supplies and equipment. ; Investigator’s Observation: There is insufficient evidence to support this allegation Governing Rule:

Complaint Item: 24 - Replaced two doors in Bedroom 1 and Master Bath, when they removed the old doors, they through away my custom door knobs. Investigator’s Observation: There is insufficient evidence to support this allegation Governing Rule:

Complaint Item: 25 - Broke the light above my fireplace which I had to replace. Investigator’s Observation: This light has been replaced. Governing Rule:

Complaint Item: 26 - Multiple Electrical code violations per Licensed Electrical contractor. Investigator’s Observation: Confirmed. *Dishwasher is hardwired with 12-2 romex. The 12-2 romex is exposed. Wire splices are outside of box. NEC 334.10(3), 334.15, 334.30(C), 334.40(B) *South east counter top receptacle shows open ground. Not GFCI protected. NEC 210.8(A)(6) *South west countertop receptacle powered by 15 amp lighting circuit. Not GFCI protected. NEC 210.8(A)(6), 210.11(C)(1)

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

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

*Room next to kitchen is not wired correctly. 30v AC was observed on neutral wire. No outlets are working. Recommend running new home run and rewire aff ected receptacles. *Kitchen counter light switches not wired correctly. Neutral conductor used as a switchleg, ground wire used as a neutral. NEC 404.2(C), 250.6(A)(B) *Plastic protective bushing not installed on hood. 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

Complainant: Yvonne Godwin 35222 W McNeil St Arlington, AZ 85322

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: Rhino Construction & Remodeling LLC DBA: 3305 S 80th Dr Phoenix, AZ 85043

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 September 7, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-07664

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for September 15, 2023 at 9:00 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

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: Yvonne Godwin 35222 W McNeil St Arlington, AZ 85322

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: Rhino Construction & Remodeling LLC DBA: 3305 S 80th Dr Phoenix, AZ 85043

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.: 2023-07664 Investigator: Mike Wiskow Inspection Date: September 15, 2023 Inspection Time: 9:00 AM

Compliance Jobsite General Notes: Photos taken with Pixel 6 Pro. Audio recorded with Pixel Pro 6 digital voice recorder. Respondent not at CJSI inspection due to harassment injunction.

Compliance Findings

*Compliance Items 1, 2, 3, 4, 5, 8 and 9 are completed.

Compliance Item: 10 - Glazing not done properly. Investigator’s JSI Observation: Confirmed. Glazing on the tub is unsightly. Contractor should repair by appropriate means Investigator’s CJSI Observation- A new tub was being installed, but was not completed. –Not Completed

Compliance Item: 11 - Tub surrounds not done properly, streaks, runs, and gaps. Investigator’s JSI Observation: Confirmed. The tub surround has a gap. The surround is not secured properly. Contractor should repair by appropriate means. Investigator’s CJSI Observation –Not Completed

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: 12 - The tub in bathroom 2 was damaged when installing the surround. Investigator’s JSI Observation: : Confirmed. There is adhesive on the tub in the 2nd bathroom. Contractor should repair by appropriate means. Investigator’s CJSI Observation –Not Completed

Compliance Item: 13 - Countertops were improperly installed with a toxic chemical used to seal joints that was wiped all over the counters (butcher block) making them unsafe for kitchen use. Investigator’s JSI Observation: It is unclear if the joint compound is toxic. However, the gaps in the countertop are excessive. Contractor should repair by appropriate means. Investigator’s CJSI Observation- A new countertop was being installed, but not finished. –Not Completed

Compliance Item: 14 - Casings around windows and doors have gaps; they tried to correct with caulking but can still see gaps and uneven spots.; Investigator’s JSI Observation: Confirmed. Miter corners should be flat with no lippage. Contractor should verify each corner that needs repair and repair by appropriate means. Investigator’s CJSI Observation- It is possible repairs were attempted, but repairs are unsightly and unpainted. –Not Completed

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: 15 - Stove vent hood improperly install. The person doing the electrical installed the hood. Hood does not vent out of the house even though holes were cut. Flap to the outside in missing. Investigator’s JSI Observation: Confirmed. The stove vent is currently vented with flex pipe which is not allowed. Smooth metal should be used for ducting material. Furthermore, the return air gravity flap has been removed. There should be a gravity flap. Contractor should repair by appropriate means. Investigator’s CJSI Observation –Not Completed

Compliance Item: 17 - Master closet was not properly prepped or painted. No holes were patched or sanded smooth. Investigator’s JSI Observation: Confirmed. The texture on the walls in the master closet are unsightly and should be repaired. Contractor should repair by appropriate means Investigator’s CJSI Observation –Not Completed

Compliance Item: 19 - Bathroom 3 drywall by door not properly completed Investigator’s JSI Observation: Confirmed. Drywall in bathroom number is unsightly and should be repaired. Contractor should repair by appropriate means. Investigator’s CJSI Observation –Not Completed

Compliance Item: 20 - Wall behind stove and dishwasher has multiple holes where they tried to run wires through. Rough patched but not sanded or 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 painted Investigator’s JSI Observation: Confirmed. Drywall behind the stove is unsightly and should be repaired. Contractor should repair by appropriate means. Investigator’s CJSI Observation –Not Completed

Compliance Item: 21 - Master Bath - When painted, the shower was not properly taped off so there is paint on the surround and the door. Investigator’s JSI Observation: Confirmed. There is some paint in the master bath that should be cleaned up. Contractor should repair by appropriate means. Investigator’s CJSI Observation –Not Completed

Compliance Item: - Multiple Electrical code violations per Licensed Electrical contractor. Investigator’s JSI Observation: Confirmed. *Dishwasher is hardwired with 12-2 romex. The 12-2 romex is exposed. Wire splices are outside of box. NEC 334.10(3), 334.15, 334.30(C), 334.40(B) *South east counter top receptacle shows open ground. Not GFCI protected. NEC 210.8(A)(6) *South west countertop receptacle powered by 15 amp lighting circuit. Not GFCI protected. NEC 210.8(A)(6), 210.11(C)(1) *Room next to kitchen is not wired correctly. 30v AC was observed on neutral wire. No outlets are working. Recommend running new home run and rewire affected receptacles.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 *Kitchen counter light switches not wired correctly. Neutral conductor used as a switch leg, *Ground wire used as a neutral. NEC 404.2(C), 250.6(A)(B) *Plastic protective bushing not installed on hood. Contractor should repair by appropriate means. Investigator’s CJSI Observation- Some electrical items were finished. The only item not finished was “Plastic bushing not installed at the hood.”–Not Completed

Note:

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

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

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

Yvonne Godwin, Case No. 2023-07664 COMPLAINANT, v. Rhino Construction & Remodeling LLC CITATION License No. ROC 333636, RESPONDENT.

The Registrar issues this Citation to Rhino Construction & Remodeling LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 6, 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 9, 2023, Yvonne Godwin (“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)(9) Attempting to evade this chapter by: (a) Aiding or abetting a licensed or unlicensed person.

Charge 3: A.R.S. § 32-1154(A)(12) Failure in any material respect to comply with this chapter; Namely A.R.S. § 32- 1158.

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. 2023-07664. 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, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than October 6, 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 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 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated September 21, 2023. By: /s/ Eric Ulinger Eric Ulinger Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 21, 2023 to: Respondent Certified Mail No: [number redacted] Rhino Construction & Remodeling LLC 3305 S 80th Dr Phoenix, AZ 85043

Copy mailed by USPS First Class mail this same date to:

Respondent Rhino Construction & Remodeling LLC 3305 S 80th Dr Phoenix, AZ 85043 Complainant Yvonne Godwin 35222 W McNeil St Arlington, AZ 85322

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. 2023-07664 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 INVOICE Bill To

Yvonne Godwin 35222 W Mcneil St Arlington, AZ 85322 (

KM ELECTRIC LLC Payment terms Due upon receipt Invoice # 335 22082 W. Papago St. Buckeye , AZ 85326 Date 07/05/2023 Phone: (480) 818-5318 Business / Tax # AZ ROC #337427 Email: [email redacted]

Description Total

Electrical Inspection $325.00 *Dishwasher is hardwired with 12-2 romex. The 12-2 romex is exposed. Wire splices are outside of box. NEC 334.10(3), 334.15, 334.30(C), 334.40(B)

*South east counter top receptacle shows open ground. Not GFCI protected. NEC 210.8(A)(6)

*South west countertop receptacle powered by 15 amp lighting circuit. Not GFCI protected. NEC 210.8(A)(6), 210.11(C)(1)

*Room next to kitchen is not wired correctly. 30v AC was observed on neutral wire. No outlets are working. Recommend running new home run and rewire affected receptacles.

*Kitchen counter light switches not wired correctly. Neutral conductor used as a switchleg, ground wire used as a neutral. NEC 404.2(C), 250.6(A)(B)

Subtotal $325.00

Total $325.00

Payment Summary

07/05/2023 - Credit Card or PayPal $325.00

Paid Total $325.00

Remaining Amount $0.00

Exposed splices and incorrectly installed NM-b cable

Plastic protective bushing not installed on hood

Dishwasher hardwired with NM-B

NM-B hardwired

Kitchen counter top missing ground

Ground not terminated

Neutral conductor used as switchleg.

Grounding conductor used as neutral

Voltage reading on neutral

By signing this document, the customer agrees to the services and conditions outlined in this document.

Yvonne Godwin

Rhino Construction & Remodeling LLC

3305 S 80Th Dr Phoenix,Az 85043 0ffice (602)790-1613 [email redacted] www.rhinoconstructionaz.com R.O.C #333636 Licensed Bonded Insured

CONTRACT Name:Yvonne Godwin Address:35222 W Mcneil St City State:Arlington,Az 85322 Description Beam Framing:Prep The Surface area Frame Install New Beam Prime Beam and Paint to Match Ceiling Color Please Note Faux Beam Will Not Be Installed And Will Credit Customer a Total Of $ 385.00 From The Total Project Cost Of $1,601.67 Leaving The Remaining Balance Due of $1,216.67

Project Start:To Be Arranged Estimated Completion:1-3-5 Days

50% Due Contract Signing 50% Due at Completion Final Walkthrough Year Workmanship Warranty

Total Amount:$1,216.67 Amount Paid:$ Balance Due:$ Cancellation Policy: Note Customer Has 3 Days From Date of Contract is Signed If Decides To Cancel With No Penalty.After 3rd Day There Will Be a Mandatory $1,500.00 fee.

Customer Signature:_________________________________________Date:_____________ Rhino Construction & Remodeling LLC

3305 S 80Th Dr Phoenix,Az 85043 0ffice (602)790-1613 [email redacted] www.rhinoconstructionaz.com AZ R.O.C #333636 Licensed Bonded Insured

CONTRACT Name:Yvonne Godwin Address:35222 W Mcneil St City State:Arlington,Az 85322 Description Rain Gutters:Prep The Surface Area Installation of Standard Seamless Gutters (White)Front and Back Excluding The Patio.Plead note Labor and Materials Are Included

Project Start:Date Will Be Set With Client When Materials Arrive Estimated Completion:1-2 Days

Payment Terms: Full Amount Due At Contract Signing For Project Expenses $60.00 Merchant Fee is Included In Total Amount For Credit/Debit Payment Merchant Processing Fees. Year Workmanship Warranty

Total Amount:$4,383.87 Amount Paid:$ Balance Due:$ **Cancellation Policy: Note Customer Has 3 Days From Date of Contract is Signed If Decides To Cancel With No Penalty.After 3rd Day There Will Be a Mandatory $1,800 Cancellation Fee.

Customer:_________________________________________Date:_____________ INVOICE Bill To

Yvonne Godwin 35222 W Mcneil St Arlington, AZ 85322

KM ELECTRIC LLC Payment terms Due upon receipt Invoice # 335 22082 W. Papago St. Buckeye , AZ 85326 Date 07/05/2023 Phone: (480) 818-5318 Business / Tax # AZ ROC #337427 Email: [email redacted]

Description Total

Electrical Inspection $325.00 *Dishwasher is hardwired with 12-2 romex. The 12-2 romex is exposed. Wire splices are outside of box. NEC 334.10(3), 334.15, 334.30(C), 334.40(B)

*South east counter top receptacle shows open ground. Not GFCI protected. NEC 210.8(A)(6)

*South west countertop receptacle powered by 15 amp lighting circuit. Not GFCI protected. NEC 210.8(A)(6), 210.11(C)(1)

*Room next to kitchen is not wired correctly. 30v AC was observed on neutral wire. No outlets are working. Recommend running new home run and rewire affected receptacles.

*Kitchen counter light switches not wired correctly. Neutral conductor used as a switchleg, ground wire used as a neutral. NEC 404.2(C), 250.6(A)(B)

Subtotal $325.00

Total $325.00

Payment Summary

07/05/2023 - Credit Card or PayPal $325.00

Paid Total $325.00

Remaining Amount $0.00

Exposed splices and incorrectly installed NM-b cable

Plastic protective bushing not installed on hood

Dishwasher hardwired with NM-B

NM-B hardwired

Kitchen counter top missing ground

Ground not terminated

Neutral conductor used as switchleg.

Grounding conductor used as neutral

Voltage reading on neutral

By signing this document, the customer agrees to the services and conditions outlined in this document.

Yvonne Godwin

Rhino Construction & Remodeling LLC

3305 S 80Th Dr Phoenix,Az 85043 0ffice (602)790-1613 [email redacted] www.rhinoconstructionaz.com R.O.C #333636 Licensed Bonded Insured

Project Start:To Be Arranged Estimated Completion:1-3-5 Days

50% Due Contract Signing 50% Due at Completion Final Walkthrough Year Workmanship Warranty

Customer Signature:_________________________________________Date:_____________ Jobsite Inspection Notes