2023A-08147-CHC-ROC Notice of Hearing and Packet MAILED

2023A-08147-CHC-ROC · Registrar of Contractors · 2023-09-21

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Vanessa Avelar , Case No. 2023-08147 COMPLAINANT, Docket No. 2023A-08147-CHC-ROC v. NOTICE OF HEARING ON Hunter Investment Group LLC CONTESTED CASE DBA: Hunters Home Builders License No. ROC 331870, RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

November 7, 2023 9:00 AM Kay Abramsohn 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 8, 2023.

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):

Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

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

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

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

1156(B).

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

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

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

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and

processes governing the administrative hearing. Copies of the statutes, rules, and articles

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date. HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04. DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure- statement.

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

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

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

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

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

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’

web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

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

Complainant without objection from Respondent after the Notice of Hearing is issued, the

parties must notify the Office of Administrative Hearings of the resolution or settlement. Any

such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated September 21, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail September 21, 2023 to: Respondent(s) Hunter Investment Group LLC DBA: Hunters Home Builders 11461 N 47th Dr Glendale, AZ 85304 Complainant(s) Vanessa Avelar 222 E Southgate Ave Phoenix, AZ 85040

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. 2023-08147 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

Complainant: Vanessa Avelar 222 E Southgate Ave Phoenix, AZ 85040

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: Hunter Investment Group LLC DBA: Hunters Home Builders 11461 N 47th Dr Glendale, AZ 85304

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 24, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-08147

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for August 9, 2023 at 10:00 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,

TtÜÉÇ ^|Çz Aaron King, Investigator (520) 628-6890 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

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

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

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

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

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

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

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

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

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

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

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

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

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

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

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

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.

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.: 2023-08147 Investigator: Aaron King Inspection Date: August 9, 2023 Inspection Time: 10:00 AM

Complainant: Vanessa Avelar Respondent: Hunter Investment Not Present: Group LLC Not Present:

Jobsite General Notes: JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. JSI photos and audio have been placed into the ROC complaint file.

Complaint Item: Breach of contract. Contractor refuses to provide paid in full receipt. Investigator’s Observation: This is not within the ROC jurisdiction. No action is required by the Respondent. Governing Rule: N/A

Complaint Item: CONSTRUCTION CODE VIOLATION/POOR CRAFTSMANSHIP. Contractor did not seal windows or install weather proofing barrier. Investigator’s Observation: There are three windows that were shown. One of the windows had openings in the stucco that allowed visual access to the window surround. The gaps did show that the new window in place is not flashed. There is no indication that there is weather stripping or flashing in place. When weather strips are missing or damaged on windows, this will not meet minimum 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

workmanship standards. The Respondent will need to identify the windows missing this and correct by appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

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

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JSI PHOTOS Complainant: Vanessa Avelar 222 E Southgate Ave Phoenix, AZ 85040

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: Hunter Investment Group LLC DBA: Hunters Home Builders 11461 N 47th Dr Glendale, AZ 85304

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 10, 2023

License No. ROC 331870

Re:Complaint No. 2023-08147

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on August 28, 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:

Complaint Item: CONSTRUCTION CODE VIOLATION/POOR CRAFTSMANSHIP. Contractor did not seal windows or install weather proofing barrier.

Investigator’s Observation: There are three windows that were shown. One of the windows had openings in the stucco that allowed visual access to the window surround. The gaps did show that the new window in place is not flashed. There is no indication that there is weather stripping or flashing in place. When weather strips are missing or damaged on windows, this will not meet minimum workmanship standards. The Respondent will need to identify

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 the windows missing this and correct by appropriate means.

Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4- 9-108, Poor work not performed in accordance with professional industry standards.

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

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

Sincerely,

Aaron King Aaron King, Investigator (520) 628-6890 [email redacted] 1700 W Washington St, Ste 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 C009 04/21 Complainant: Vanessa Avelar 222 E Southgate Ave phoenix, AZ 85040

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: Hunter Investment Group LLC DBA: Hunters Home Builders 11461 N 47th Dr Glendale, AZ 85304

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 August 22, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-08147

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for August 28, 2023 at 10:00 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Aaron King Aaron King, Investigator (520) 628-6890 [email redacted] 1700 W Washington St, Ste 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 P 1 CJSI PHOTOS

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Hunter Investment Group LLC DBA: Hunters Home Builders 11461 N 47th Dr Glendale, AZ 85304

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.: 2023-08147 Investigator: Aaron King Inspection Date: August 28, 2023 Inspection Time: 10:00 AM

Compliance Jobsite General Notes:

CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Olympus Digital Voice Recorder model DM-720. CJSI photos and audio have been placed into the ROC complaint file.

Compliance Findings:

Complaint Item: CONSTRUCTION CODE VIOLATION/POOR CRAFTSMANSHIP. Contractor did not seal windows or install weather proofing barrier.

Compliance Findings: The Complainant had done some destructive opening to provide visual access to the areas around the windows. There was no evidence of any type of weather protective barrier between the window and the wood framing or the vapor barrier placed behind the stucco walls. There was no flashing, or weather stripping.

NOT CORRECTED

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

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

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

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

Aaron King Aaron King, Investigator (520) 628-6890 [email redacted] 1700 W Washington St, Ste 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 C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Vanessa Avelar, Case No. 2023-08147 COMPLAINANT, v. Hunter Investment Group LLC CITATION DBA: Hunters Home Builders License No. ROC 331870,

RESPONDENT.

The Registrar issues this Citation to Hunter Investment Group LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 23, 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 18, 2023, Vanessa Avelar (“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)(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. 2023-08147. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 23, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an of 5

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated September 8, 2023. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 8, 2023 to:

Respondent Certified Mail No: [number redacted]

Hunter Investment Group LLC DBA: Hunters Home Builders 11461 N 47th Dr. Glendale, AZ 85304

Copy mailed by USPS First Class mail this same date to: Respondent Hunter Investment Group LLC DBA: Hunters Home Builders 11461 N 47th Dr. Glendale, AZ 85304

Complainant Vanessa Avelar 222 E Southgate Ave Phoenix, AZ 85040 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. 2023-08147

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 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees 2023-08147

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

vanessa avelar Mailing Address (Enter jobsite in Contract/Project section) City State Zip

222 E Southgate Ave phoenix Arizona 85040 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)

Hunter Investment Group LLC ROC 331870 Street Address City State Zip

11461 N 47th Dr Glendale AZ 85304 Phone Number Email

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

Darryl Hunter;Brandon Hunter Contract/Project Information Contract Date Contract Amount Amount Paid

July 5, 2023 $3,162.36 $3,162.36 Date Work Started Date Work Stopped Date Work Was Completed

July 12, 2023 July 16, 2023 July 16, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

222 E Southgate Ave Phoenix AZ 85040 Name of Construction Site Owner Construction Site Name (if applicable)

Vanessa Avelar Vanessa's House Phone Number of Construction Site Owner Email of Construction Site Owner

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

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees 2023-08147

The contract was Written All change orders were N/A This project was Residential This project involved Other

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)

Breach of Contract. Contractor refuses to provide paid in full receipt; CONSTRUCTION CODE VIOLATION/POOR CRAFTSMANSHIP. Contractor did not seal windows or install weather proofing barrier.

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

vanessa avelar \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Window Installation 85308 Sign up as a pro Projects Inbox VV Vanessa

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$25/on-site estimate (waived if hired) Hunter’s Home Builders Great 4.7 (6) Select a service

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Thumbtack // Window Installation // Hunter’s Home Builders 85308

Introduction: My business is family run and have great guys who cares about your home. Number of windows to be installed Your happiness is are number one priority. Select answer Overview Payment methods Existing window removal needed Hired 5 times This pro accepts payments via Apple Pay, Serves Glendale, AZ Cash, Check, Credit card, and Zelle. Select answer Background checked License verified Window type employees Select answer(s) years in business

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Specialties Window type Double hung (slides up and down), Sliding (slides sideways), Fixed / picture (does not open), Casement (pushes open on a hinge), Arched or Elliptical

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Vanessa V. 3 days ago · Hired on Thumbtack

I hired this company to frame and install 3 windows. Below is what I liked and did not like about the work.

Liked: …Read more

Details: 2 - 4 windows • Sliding (slides sideways) • Residential

Window Installation

Alexandro G. Feb 23, 2022 · Hired on Thumbtack

Mr. Hunter and his team did a tremendous job replacing our windows! Should be noted that he is one of the few contractors we've had who cleans up the work area after the job is done. I highly recommend him and his team to anyone looking to replace windows of equal size or looking to replace windows that need to be modified/covered up.

Details: 2 - 4 windows • Sliding (slides sideways) • Residential

Window Installation

Lillie O. Oct 2, 2021

We’ve had our roof and Soffit and Facia replaced from previous years storms. We also had all of our windows replaced and Arcadia Sliding doors. They did an excellent job each time, and at a great price with quality materials. I would highly recommend this company for any construction projects. They are the only company I use.

Nj E. Oct 2, 2021

Representative from company was very professional and listened to all my questions and explained everything in easy to understand terms without having a extended conversation. Quality of product, so far, is excellent. I had all the windows in my townhouse replaced. My electric bill is down to 1/3 of my first summer electric bill. Clean up was excellent. …Read Service more

Channon A. Apr 8, 2022 · Hired on Thumbtack

Darrell and Brandon did a great job!

Details: Patch damaged drywall • Replace one or more sheets of drywall • 3 rooms • Wall(s) • Ceiling(s) • Residential

Drywall Repair and Texturing

Credentials License Background Check License Type: KB2 – Dual Residential and Darryl Hunter Small Commercial (AZ) License verified on 6/29/2023

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Black stone glass llc Affordable Windows Plus Ext… Signature Painting And Maint… 5.0 (3) Great 4.7 (18) 5.0 (1)

I have a glass company and we Ariel O. says, "I was looking to I am indoor and maintenance always take the time to do a replace the glass on my broken work for the last 30 plus years I good job and will guarantee it window and although walked in all the faces of contact for price contact for price $70/on-site estimate (waived if will come out perfect we don’t Affordable Windows did not maintenance drywall plumbing hired) accept payment until customer offer that service, they sent me electrical flooring painting satisfaction and we will information on a company who building Building furniture I warranty are work can." have worked as a maintenance supervisor for 2 companies I've See all also been a maintenance floater and trainer

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I am ﬁling this complaint to the Registrar of Contractors against Hunters Investment Group, LLC DBA Hunters Home Builder due to breach of contract and construcJon code violaJon/poor craLmanship.

I found Hunters Investment Group, LLC DBA Hunters Home Builder on Thumbtack App. What originally stood out to me about Darryl Hunter’s, owner, ad was his proﬁle picture, which is an oﬃcial military picture of him while on acJve duty. As a Veteran of the Armed Services, I contacted his company because I like to support my Veteran community and know that service (and former) members hold themselves to high standards. During his interview, he was explaining to me that he goes above the requirements needed to maintain his contractor’s license. He also told me his son, Brandon, who works for him does not know much about construcJon and cuts corners but, assured me that he does not allow him to cut corners on his watch. Despite him telling me that about his son, I hired him anyway because I trusted he obtained those high standards taught to him by the military.

BREACH OF CONTRACT. On 7/6/23, I hired Darryl to frame and install 3 windows into walls with non-exisJng windows. Darryl and his son Brandon started the job on 7/12/23 and “completed” it on 7/16/23. The project was originally supposed to be completed on 7/13/23. He charged me $3,162.36 for the job. I Zelled him the down payment of $1,702.36: $1000 on 7/6/23 and $702.36 on 7/7/23. Upon “compleJon” on 7/16/23, I paid him the remaining balance of $1,460: Zelled $1000 and gave $460 in cash. Immediately aLer paying him, I asked for a receipt and to sign the cerJﬁcate of compleJon as stated on his contract I signed1. He told me no and did not and will not provide me with a receipt staJng I have paid Hunters Home Builders in full. I contacted him via the app asking for a receipt and he refuses to acknowledge my request.

CONSTRUCTION CODE VIOLATION/POOR CRAFTSMANSHIP. On 7/14/23, aLer installing 3 of 3 windows, I noJced there was not weather prooﬁng barrier installed between any of the wood and window frames. I asked Darryl how he was going to seal it and he said he was going to use caulking. I then witness Brandon beginning to stucco the edges of the window pane without weather prooﬁng. I asked him if he needed to put some type of material between the wood and window frames and he said no. ALer they leL, I inspected the windows and saw Brandon did a subpar job with stuccoing and was uneasy about missing weather prooﬁng. On the evening of 7/14/23, I texted both Brandon and Darryl quesJoning how they plan on sealing the windows, and with complaints and concerns on cosmeJcs of the stucco. Brandon told me it is not a new construcJon so it does not need moister barrier. Darryl told me he would explain the process to me on 7/16/23. On 7/16/23, when they arrived to complete the project, I voiced my concern about the quality of Brandon’s work and more concerns about the lack of moister barrier. Darryl agreed that Brandon’s poor craLmanship should have never happened and that he was going to use material to weather proof the windows but did not tell me what material he was going to use. Upon compleJon, I inspected their work. The drywall and plaster appeared to be ﬁne but the stucco looked awful. Instead of them cleaning the window pane and making it presentable/professional Darryl told me how to clean the excess stucco oﬀ. ALer they leL, I proceeded to clean the stucco oﬀ the edges of the window pane when a piece of stucco fell oﬀ. ALer further inspecJon, I found there was no moister barrier or any type of sealant between the wood and window frames. I spoke to several contractors about the moister barrier of the new construcJon windows and they both informed me that there is supposed to be moister barrier.

NOTICE TO CONTRACTOR. On 7/16/23, immediately, aLer discovering missing barrier and sealant I contacted the company via Thumbtack and provided them the opportunity to come ﬁx their work, and provided them 3 dates with my availability. I was told Brandon would come on Tuesday but I did not want him to come and ﬁx the issues, since I have voiced several concerns about his work and had concerns about him working alone due to his limited construcJon knowledge. I requested Darryl come to ﬁx the craLmanship and was told he would only come out if I paid an $80 trip charge; which by the way was never menJoned prior to this interacJon. I refused to pay the trip charge and allow Brandon to work alone. Darryl refused to ﬁx the issue without a trip charge payment. On 7/17/23 I received a text message, from who I though was Darryl, staJng he would come on 7/18/23 to care of any problems I had to take care of me speciﬁcally. I am not sure what he meant by that since I was the only person who they had been dealing with from the start. I agreed to allow him to ﬁx the work he did and stated for clarity that I was not going to pay the trip charge and I did not want Brandon to come ﬁx the issue. I was then informed that Brandon was the person texJng me, so I again refused to allow him access to my home. I conJnued to state that I will only allow Darryl to ﬁx the project. My home is currently being exposed to the elements and the extreme heat is pouring into the house.

As of 7/18/23, these issues are sJll unresolved and I would like the Registrar of Contractors to get involved in this maker.

The exact verbiage of the contact states, “4. Purchaser agrees that he/she will immediately upon compleJon of the work, sign a Contractor’s CompleJon CerJﬁcate, Promissory Note, Deed of Trust and any other documents deemed necessary for Hunters Home Builder or any ﬁnancial insJtuJon to which Hunters Home Builder may assign its rights and obligaJons under this contract”. /oa3- OYlLll FIL... L, r.tsGAL Ans*-t-r Date: o8/I8/2O23 SEP t Z Zozs R.O C

To: Maricopa County Justice Courts, Arizona South Mountain Justice Court 620 W. Jackson St., #1044, Phoenix, A2.85003

From: Hunters lnvestment Group LLC, DBA Hunters Home Builders (ROC331870) 11461 N. 47th. Drive Glendale, AZ. 85304

Case #: CC2023 1525855C Small Claims Complaint Vanessa Avelar 222 E. Southgate Ave. Phoenix, AZ. 85040

Counter Suit:

Hunters Home Builders will fix and repair what the customer damaged, the cost will be S1900, which includes material.

Lost Revenue through Thumbtack as of O8lt2l2O23, in the amount of 53500.

Total Revenue Counter suit is 55400.

Ms. Avelar will withdraw her complaint against our company, that was filed with 'ThumbTack'. Hopefully, this will help HHB rebuild our good standing with the company issuing our leads. This should also allow us to re-join the ThumbTack organization.

Re:

Due to Ms. Avelar not being forthcoming with the court, Hunters Home Builders is asking for the maximum allowed for small claims. Date: 08/18/2023

To: Maricopa County Justice Courts, Arizona South Mountain Justice Court 620 W. Jackson St., #1044, Phoenix, AZ. 85003

From: Hunters lnvestment Group LLC, DBA Hunters Home Builders (ROC331870) 11461 N. 47th. Drive Glendale, AZ. 85304

Case #:CC2023 1525855C Small Claims Complaint Vanessa Avelar 222 E. Southgate Ave. Phoenix, AZ. 85040

BREACH OF CONTRACT:

On 07 /06/2023, Ms. Avelar signed a contract with Hunters Home Builders (HHB) to install 3 windows. 1 window to be cut into an existing wall in a bedroom of the main house. And 2 windows to be cut into an existing structure, located at the rear ofthe home, likened to a 'Mother's Quarters'.

The job was started on 07 /7?12023 and was completed 4 days later, as per the signed agreement with HHB. Mr. Hunter explained to the customer (Ms. Avelar), that after the windows were installed, adding stucco should not be necessary. As the windows would be measured and installed precisely, to avoid any gapping greater than 1/8 of an inch, which would then be caulked. This would avoid any charges to the customer for stucco work, as it wouldn't be needed.

On the second day of work, Ms. Avelar commented that the windows in the'Mother's Quarters' were not installed evenly. I showed her with a leveler that the windows were even. Ms. Avelar continued to comment, "l don't miss nothing". lthen requested that she allow me to finish the .iob, and if she still had any questions, I would be happy to answer them.

On the third day of work, as we were finishing the drywall by spraying the texture, Ms. Avelar observed the outside ofthe windows, and requested that we re-install them. She insisted that the wall outside did not look level with the exterior of the home. I explained to her that stucco is rarely installed evenly throughout the entire wall. I told her that it was virtually impossible to put a window into a n existing wall and expect itto havethe samethickness everywhere. So, she could expect the stucco to be thick in some areas and thinner in other areas.

Ms. Avelar kept telling me that she had an eye for problems. I assured her that we wou ld add the necessary stucco to the appropriate areas, and that if she still had questions or concerns to let me know. We had to fill in many gaps around each window, due to an already existing uneven wall. After we were done, we cleaned, vacuumed, and wiped down our work areas, we then did a 'Final Walk Through' with Ms. Avelar. When we got to the outside window areas, I explained that due to the existing uneven walls, we added additional stucco.

I emphasized to her, that the windows should not be touched in any way, for at least 4 to 5 days, so the stucco could dry completely. I explained that this was necessary since we had to overlap the stucco thicker around the edges ofthe window frames. Ms. Avelarthen asked me about cleaningthe windows. I again restated that she should leave the windows alone, so the stucco could dry completely. We finished the Walk Through. she paid the balance owed and we left. Ms. Avelar did ask about a receipt, and I told her we would email her a completion invoice, since she paid cash. Most of our clients Zell or write a check, and they use their bank statement or canceled check as their proof of payment.

Less than 2 hours later, Ms. Avelar contacted my son (the other installer), and told him she was wiping her windows (against our advice), and some of the stucco fell out. She wanted us to come back and fix it. My son agreed to come back immediately, but she insisted that she specifically wanted me to come back. My son explained to her that if the company owner (me) were to come out, there would be an S80 trip charge. She refused to let my son come back to fix the stucco (that she compromised). She then proceeded to file a Breach of Contract Complaint with the AZ ROC, and complained to'ThumbTack', which is the company that provides us with our client leads. Date: Oa/18/2O23

To: Maricopa County Justice Courts, Arizona South Mountain Justice Court 620 W. Jackson St., #1044, Phoenix, AZ. 85003

From: Hunters lnvestment Group LLC, DBA Hunters Home Builders (ROC331870) 11461 N. 47th. Drive Glendale, AZ. 85304

Case #: CC2023 1525855C Small Claims Complaint Vanessa Avelar 222 E. Southgate Ave. Phoenix, AZ. 85040

Construction and Code Violations:

Ms. Avelar said she noticed no weather proofing barrier; in the windows we installed in her home. The weather proofing barrier is in the existing walls of a home, and only goes out to % inch of the frame edge of each window. Ms. Avelar doesn't understand that the wood is inside the wall, behind the weather proofing. ltried to explain to Ms. Avelar, more than once, that the weather proofing is in the existing wall behind the wood, and we are just sealing around the window with caulk. Her current exterior wall was so uneven that we had to build up several areas, to bring the existing walls level with the edges of the installed window frames. This made the windows look cosmetically better.

ln response to Ms. Avelar's comments about Brandon's (the other installer's) poor work; lronically, she never complained about the window he installed in the bedroom of the main house.

ln Ms. Avelar's statement, she indicated that she was cleaning stucco offthe windows; we specifically told her not to touch for 4 to 5 days. lf she had issues with the Stucco work, she should have mentioned it in the Final Walk Through. On 07ltGl2O23 when Ms. Avelar communicated with my son, Brandon (the other installer) on 'ThumbTack', she refused our offer to fix what she damaged after completion. The Trip Charge and materials would have cost s80. The initial effort to stucco the windows included having to mix a special glue with the stucco. This was necessary to allow the stucco to bond with the windows edge, and the build out of the uneven wall. I explained to Ms. Avelar that this extra step was necessary, to make the windows match the existing wall depth. She later wiped the stucco off the frame, which resulted in the need for the repair.

As it is part of our normal procedure to cover the client's furniture, bedding and tarp the floors, this client was no different. When we finished the project, I personally removed the coverings and vacuumed. Both (window install) areas were part of the 'Final Walkthrough' with the client. Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3