2023A-08296-CHC-ROC Notice of Hearing and Packet MAILED
2023A-08296-CHC-ROC · Registrar of Contractors · 2024-04-26
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Michelle Mirabito , Case No. 2023-08296 COMPLAINANT, Docket No. 2023A-08296-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Holtzman Home Improvement LLC, License Nos. ROC 335007, 289443 & 324787
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
June 10, 2024 1:00 PM Sondra Vanella 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 March 27, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(b)
Charge: 2 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING
Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing.
Respondent and Complainant, as the parties to the hearing, will present evidence and
argument to the administrative law judge.
The Registrar’s assigned investigator will appear as a witness at the hearing.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses
certain documents to the parties and the Office of Administrative Hearings. These documents
are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit
additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their
case. If a party wants to obtain testimony from a witness or documents not in the party’s
possession, the party must prepare and file a written subpoena for the Administrative Law
Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a
subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT
At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is
available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20-
%20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties,
the party must file a written motion with the Office of Administrative Hearings, directed to the
assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.
The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated April 19, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail April 19, 2024 to: Respondent(s) Holtzman Home Improvement LLC 1625 W University Dr Suite 112 Tempe, AZ 85281
Alicia M. Casale, Esq. 4647 N. 32nd Street, Suite 150 Phoenix, AZ 85018
Complainant(s) Michelle Mirabito 3910 W Escuda Dr, Glendale, AZ, USA Glendale, AZ 85308
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. 2023-08296 /
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
Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Michelle Mirabito Mailing Address (Enter jobsite in Contract/Project section) City State Zip
3910 W Escuda Dr, Glendale, AZ, USA Glendale Arizona 85308 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)
Holtzman Home Improvement LLC ROC 335007 Street Address City State Zip
1625 W University Dr Ste 112 Tempe AZ 85281 Phone Number Email
[number redacted] [email redacted] Name of Person(s) Representing License
Richie (super);Larry (super);Omar (and his child) Contract/Project Information Contract Date Contract Amount Amount Paid
August 30, 2022 $30,001.20 $29,585.40 Date Work Started Date Work Stopped Date Work Was Completed
February 28, 2023 July 21, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
3910 W Escuda Dr, Glendale, AZ, USA Glendale AZ 85308 Name of Construction Site Owner Construction Site Name (if applicable)
Michelle (Shelly) Mirabito Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] [email redacted] This complaint is for Abandonment;Poor Work I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Has any work been corrected? Yes Larry The contract was Written All change orders were N/A This project was Residential This project involved Remodel
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)
Broken tile on bathroom floor on the right of entry from the master bedroom; Tile is not set under baseboards, it's filled in with grout then the baseboards on top of the grout; grout spreads on top of tile; The used two different colors of grout on both the entire bathroom floor and on the shower walls; Insufficient grout in grout lines of tile in both the bathroom floor and shower walls; Hollow tiles on bathroom floor; Bottom of shower bench has gaps ; GFI was placed then removed for some reason that was not explained to me, all the electrician said was that they (Holtzman) put in the wrong plug ADDENDUM PROVIDED BY COMPLAINANT - APPEARS ON FOLLOWING PAGE
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
Michelle Mirabito \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 ADDENDUM ITEMS
Pin holes and gaps in shower pan;
They grouted the drain cover corners so it can't be removed for cleaning purposes;
Grout stained because Larry (their super) didn't protect the pan before doing the 'grout test' on the shower wall;
There's a small hole under the sink where the plumbing goes into the wall (L side);
When they fixed the holes in the wall below the vanity lights, it was skip-troweled, but not smoothed out, justpainted over so it looks rough and not with a sheen like the rest of the wall;
Right medicine cabinet/mirror was removed and rehung by the painter and now leans to the right, not level;
Sharp edges on pony-wall in shower;
Failed to use a sealant on shower pan before the new pebble was laid (I'm sure this was done on purpose);
No sealant on the shower floor, you can scratch the grout with your fingernail and it comes off/out (I'm sure thatwas done on purpose as well);
Failed to seal the line between the backsplash of vanity and wall, so there's a small gap the entire line of thebacksplash;
Pin holes, missing grout, gaps in grout between tiles in shower and bathroom floor;
I told their attorney (via email) that with the two different colors of grout that's all over my floor and shower walls,I wanted them to remove the grout and use black because you can't screw up black. Instead, they
**PLEASE ADD THAT I DO NOT HAVE A VINYL LINER IN MY SHOWER PAN as an addendum item. ADDENDUM ITEMS
Pin holes and gaps in shower pan;
They grouted the drain cover corners so it can't be removed for cleaning purposes;
Grout stained because Larry (their super) didn't protect the pan before doing the 'grout test' on the shower wall;
There's a small hole under the sink where the plumbing goes into the wall (L side);
When they fixed the holes in the wall below the vanity lights, it was skip-troweled, but not smoothed out, justpainted over so it looks rough and not with a sheen like the rest of the wall;
Right medicine cabinet/mirror was removed and rehung by the painter and now leans to the right, not level;
Sharp edges on pony-wall in shower;
Failed to use a sealant on shower pan before the new pebble was laid (I'm sure this was done on purpose);
No sealant on the shower floor, you can scratch the grout with your fingernail and it comes off/out (I'm sure thatwas done on purpose as well);
Failed to seal the line between the backsplash of vanity and wall, so there's a small gap the entire line of thebacksplash;
Pin holes, missing grout, gaps in grout between tiles in shower and bathroom floor;
I told their attorney (via email) that with the two different colors of grout that's all over my floor and shower walls,I wanted them to remove the grout and use black because you can't screw up black. Instead, they
**PLEASE ADD THAT I DO NOT HAVE A VINYL LINER IN MY SHOWER PAN as an addendum item. 01231245ÿ3789ÿ ÿÿÿ ÿÿ7ÿ224023
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711 !11"11#$%048&'3&'()*%(!%( +%+78,,98,&43&,24800(%78,,98,&43&,248- 212 Complainant: Michelle Mirabito Mirabito 3910 W Escuda Dr, Glendale, AZ, USA Glendale, AZ 85308
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: Holtzman Home Improvement LLC DBA: 1625 W University Dr Ste 112 Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 August 21, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-08296
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for September 7, 2023 at 9:00 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, Lisa Melton Lisa Melton, Investigator #206 602 7716736 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812
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.
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 Complainant: Michelle Mirabito Mirabito 3910 W Escuda Dr, Glendale, AZ, USA Glendale, AZ 85308
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Respondent: Holtzman Home Improvement LLC DBA: 1625 W University Dr Ste 112 Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 August 29, 2023
Re: Complaint No. 2023-08296
Dear Complainant and Respondent:
After the initial filing of the complaint 2023-08296, the Complainant filed the attached amended complaint containing additional complaint items.
A jobsite inspection is scheduled September 7, 2023 at 9:00 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 amended complaint items within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area. Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the amended complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 01231245ÿ3789ÿ ÿÿÿ ÿÿ7ÿ224023
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711 !11"11#$%048&'3&'()*%(!%( +%+78,,98,&43&,24800(%78,,98,&43&,248- 212 Jobsite Inspection Notes
Case No.: 2023-08296 Investigator: Lisa Melton Inspection Date: September 7, 2023 Inspection Time: 9:00 AM
Complainant: Michelle Mirabito Respondent: Holtzman Home Mirabito Improvement LLC Not Present: Not Present:
ATTENDEES: Complaint: Michelle Mirabito Complainant Spouse: James Mirabito Respondent: Larry Hightower Respondent Counsel: Alicia Casale
Jobsite General Notes: JSI photos and audio was recorded with my agency issued Pixel 6 Pro phone.
Compliance Item 1: Broken tile on bathroom floor on the right of entry from the master bedroom; Investigator’s Observation: Subject tile has tiny chips at edge. Respondent should correct by appropriate methods. (See JSI Photos #1) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. Not Applicable.
Compliance Item 2: Tile is not set under baseboards, it's filled in with grout then the baseboards on top of the grout; grout spreads on top of tile; Investigator’s Observation: Tile was laid under baseboard on shower pony wall but not in other areas. Tile is not required to be laid under baseboard. Installation is typical and not unsightly. (See JSI Photos #2 & #3) Governing Rule: Not Applicable. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Compliance Item 3: The used two different colors of grout on both the entire bathroom floor and on the shower walls; Investigator’s Observation: Grout color is not consistent on shower walls. Grout color is not consistent on bathroom floor. Respondent should correct these conditions. Registrar does not order complete replacement only correction by appropriate methods. (See JSI Photos #4 - #7) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 4: Insufficient grout in grout lines of tile in both the bathroom floor and shower walls; Investigator’s Observation: There is no workmanship standard for insufficient vs sufficient grout. Missing grout is a workmanship concern. The areas that I was shown are not missing grout. (See JSI Photos #8 - #9) Governing Rule: Not Applicable.
Compliance Item 5: Hollow tiles on bathroom floor; Investigator’s Observation: Respondent installed all of the tile in this large bathroom and toilet closet. I was shown three tiles in the bathroom area, all of which return hollow sound. Hollow tile is unacceptable if excessive. Three hollow tiles is not excessive based on the aggregate amount of tile installed for project. (No photo) Governing Rule: Not Applicable.
Compliance Item 6: Bottom of shower bench has gaps ; Investigator’s Observation: Missing grout is a workmanship concern. Grout is missing in this area. Respondent should correct all missing grout by appropriate methods. (See JSI Photos #10 - #11) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 7: GFI was placed then removed for some reason that was not explained to me, all the electrician said was that they (Holtzman) put in the wrong plug Investigator’s Observation: Subject outlet was tested and reset at inspection. (No photo) 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Governing Rule: Not Applicable.
Compliance Item 8: Pin holes and gaps in shower pan; Investigator’s Observation: Pinholes are not a workmanship concern unless they are excessive. Pinholes are not excessive. There are some areas identified by Complainant as pinholes which are actually tiny areas of missing grout. Grout is missing at shower pan/wall connection. Respondent should correct all missing grout by appropriate methods. (See JSI Photos #12 - #13) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 9: They grouted the drain cover corners so it can't be removed for cleaning purposes; Investigator’s Observation: Removable at time of inspection. (No photo) Governing Rule: Not Applicable.
Compliance Item 10: Grout stained because Larry (their super) didn't protect the pan before doing the 'grout test' on the shower wall; Investigator’s Observation: Not a workmanship concern that can be inspected and/or evaluated. Grout color is addressed in Complaint Item #3 (No photo) Governing Rule: Not Applicable.
Compliance Item 11: There's a small hole under the sink where the plumbing goes into the wall (L side); Investigator’s Observation: Small hole/crack in drywall at pipe penetration. Respondent should correct by appropriate methods. (See JSI Photos #14) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 12: When they fixed the holes in the wall below the vanity lights, it was skip-troweled, but not smoothed out, justpainted over so it looks rough and not with a sheen like the rest of the wall; Investigator’s Observation: Texture and paint appear to be consistent with surrounding wall. (See JSI Photos #15 - #16) Governing Rule: Not Applicable. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Compliance Item 13: Right medicine cabinet/mirror was removed and rehung by the painter and now leans to the right, not level; Investigator’s Observation: Cabinet/mirror is not level. Respondent should correct by appropriate methods. (See JSI Photos #17 - #18) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 14: Sharp edges on pony-wall in shower; Investigator’s Observation: Sharp edges were identified. Respondent should correct this condition by appropriate methods. (Photo failed) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 15: Failed to use a sealant on shower pan before the new pebble was laid (I'm sure this was done on purpose); Investigator’s Observation: At the time of the inspection, the shower floor has been installed. Complainant provided a photo of worker installing shower floor tile on mortar floor. Complainant believed that the liner should have been visible at this stage of construction. Liner would be located under this mortar. Respondent offered at this inspection to perform destructive inspection to confirm liner, at the cost of Complainant if missing liner is not substantiated. At this time, there is insufficient evidence to substantiate poor workmanship. (No photo) Governing Rule: Not Applicable.
Compliance Item 16: No sealant on the shower floor, you can scratch the grout with your fingernail and it comes off/out (I'm sure thatwas done on purpose as well); Investigator’s Observation: Water beads from floor, appears to be sealed. Grout is a porous material. Missing grout is a workmanship concern. Missing grout has been directed for correction. (JSI Photo #19) Governing Rule: Not Applicable.
Compliance Item 17: Failed to seal the line between the backsplash of vanity and wall, so there's a small gap the entire line of the backsplash; 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: Caulk is missing at backsplash wall connection. Respondent stated this was not complete. Respondent should complete their scope of work. (See JSI Photos #20) Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 18: Pin holes, missing grout, gaps in grout between tiles in shower and bathroom floor; Investigator’s Observation: Substantially the same as Complaint Item #8. Governing Rule: Not Applicable.
Compliance Item 19: I told their attorney (via email) that with the two different colors of grout that's all over my floor and shower walls,I wanted them to remove the grout and use black because you can't screw up black. Instead, they Investigator’s Observation: Not a workmanship concern that can be inspected and/or evaluated. Grout color is addressed in Complaint Item #3. (No photo) Governing Rule: Not Applicable.
Compliance Item 20: **PLEASE ADD THAT I DO NOT HAVE A VINYL LINER IN MY SHOWER PAN as an addendum item. Investigator’s Observation: Substantially the same as Item #15. (No photo) Governing Rule: Not Applicable.
Compliance Item 21: That Holtzman Home Improvement will perform a “flood test” in my shower. Investigator’s Observation: The Registrar can direct the Respondent to correct and/or complete work. The Registrar does not have the authority to direct a contractor to perform testing outside testing requirements of their contract. The Complainant has the burden of proof for their allegations. (No photo) Governing Rule: Not Applicable.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 1
CHIP IN TILE Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 2
GROUT AT BASEBOARD Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 3
GROUT UNDER PONY WALL Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 4
INCONSISTENT GROUT COLOR (1) Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 5
INCONSISTENT GROUT COLOR (2) Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 6
INCONSISTENT GROUT COLOR (3) Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 7
INCONSISTENT GROUT COLOR (4) Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 8
"INSUFFICIENT" GROUT Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 9
"INSUFFICIENT" GROUT Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 10
BOTTOM OF SHOWER BENCH GAPS (1) Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 11
BOTTOM OF SHOWER BENCH GAPS (2) Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 12
PINHOLES Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 13
"GAPS IN SHOWER " - MISSING GROUT Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 14
HOLE AT PIPE PENETRATION Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 15
TEXTURE AT VANITY LIGHT (1) Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 16
TEXTURE AT VANITY LIGHT (2) Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 17
MEDICINE CABINET NOT LEVEL (1) Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 18
MEDICINE CABINET NOT LEVEL (2) Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 19
SEALANT SHOWER FLOOR Complaint #2023-08296 Inspection Date: 09/20/2023 9:00 AM JSI PHOTOS – Page 20
MISSING CAULK AT VANITY Complainant: Michelle Mirabito Mirabito 3910 W Escuda Dr, Glendale, AZ, USA Glendale, AZ 85308
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: Holtzman Home Improvement LLC DBA: 1625 W University Dr Ste 112 Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 September 22, 2023
License No. ROC 335007
Re:Complaint No. 2023-08296
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 October 9, 2023.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item 1: Broken tile on bathroom floor on the right of entry from the master bedroom; Investigator’s Observation: Subject tile has tiny chips at edge. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the
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 completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. Not Applicable.
Compliance Item 3: The used two different colors of grout on both the entire bathroom floor and on the shower walls; Investigator’s Observation: Grout color is not consistent on shower walls. Grout color is not consistent on bathroom floor. Respondent should correct these conditions. Registrar does not order complete replacement only correction by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 6: Bottom of shower bench has gaps ; Investigator’s Observation: Missing grout is a workmanship concern. Grout is missing in this area. Respondent should correct all missing grout by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 8: Pin holes and gaps in shower pan; Investigator’s Observation: Pinholes are not a workmanship concern unless they are excessive. Pinholes are not excessive. There are some areas identified by Complainant as pinholes which are actually tiny areas of missing grout. Grout is missing at shower pan/wall connection. Respondent should correct all missing grout by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 11: There's a small hole under the sink where the plumbing goes into the wall (L side); Investigator’s Observation: Small hole/crack in drywall at pipe penetration. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 13: Right medicine cabinet/mirror was removed and rehung by the painter and now leans to the right, not level; Investigator’s Observation: Cabinet/mirror is not level. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 14: Sharp edges on pony-wall in shower; Investigator’s Observation: Sharp edges were identified. Respondent should correct this condition by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 17: Failed to seal the line between the backsplash of vanity and wall, so there's a small gap the entire line of the backsplash;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Caulk is missing at backsplash wall connection. Respondent stated this was not complete. Respondent should complete their scope of work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item 2: Tile is not set under baseboards, it's filled in with grout then the baseboards on top of the grout; grout spreads on top of tile; Investigator’s Observation: Tile was laid under baseboard on shower pony wall but not in other areas. Tile is not required to be laid under baseboard. Installation is typical and not unsightly. Governing Rule: Not Applicable.
Compliance Item 4: Insufficient grout in grout lines of tile in both the bathroom floor and shower walls; Investigator’s Observation: There is no workmanship standard for insufficient vs sufficient grout. Missing grout is a workmanship concern. The areas that I was shown are not missing grout. Governing Rule: Not Applicable.
Compliance Item 5: Hollow tiles on bathroom floor; Investigator’s Observation: Respondent installed all of the tile in this large bathroom and toilet closet. I was shown three tiles in the bathroom area, all of which return hollow sound. Hollow tile is unacceptable if excessive. Three hollow tiles is not excessive based on the aggregate amount of tile installed for project. Governing Rule: Not Applicable.
Compliance Item 7: GFI was placed then removed for some reason that was not explained to me, all the electrician said was that they (Holtzman) put in the wrong plug Investigator’s Observation: Subject outlet was tested and reset at inspection. Governing Rule: Not Applicable.
Compliance Item 9: They grouted the drain cover corners so it can't be removed for cleaning purposes; Investigator’s Observation: Removable at time of inspection.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: Not Applicable.
Compliance Item 10: Grout stained because Larry (their super) didn't protect the pan before doing the 'grout test' on the shower wall; Investigator’s Observation: Not a workmanship concern that can be inspected and/or evaluated. Grout color is addressed in Complaint Item #3. Governing Rule: Not Applicable.
Compliance Item 12: When they fixed the holes in the wall below the vanity lights, it was skip-troweled, but not smoothed out, justpainted over so it looks rough and not with a sheen like the rest of the wall; Investigator’s Observation: Texture and paint appear to be consistent with surrounding wall. Governing Rule: Not Applicable.
Compliance Item 15: Failed to use a sealant on shower pan before the new pebble was laid (I'm sure this was done on purpose); Investigator’s Observation: At the time of the inspection, the shower floor has been installed. Complainant provided a photo of worker installing shower floor tile on mortar floor. Complainant believed that the liner should have been visible at this stage of construction. Liner would be located under this mortar. Respondent offered at this inspection to perform destructive inspection to confirm liner, at the cost of Complainant if missing liner is not substantiated. At this time, there is insufficient evidence to substantiate poor workmanship. Governing Rule: Not Applicable.
Compliance Item 16: No sealant on the shower floor, you can scratch the grout with your fingernail and it comes off/out (I'm sure thatwas done on purpose as well); Investigator’s Observation: Water beads from floor, appears to be sealed. Grout is a porous material. Missing grout is a workmanship concern. Missing grout has been directed for correction. Governing Rule: Not Applicable.
Compliance Item 18: Pin holes, missing grout, gaps in grout between tiles in shower and bathroom floor; Investigator’s Observation: Substantially the same as Complaint Item #8. Governing Rule: Not Applicable.
Compliance Item 19: I told their attorney (via email) that with the two different colors of grout that's all over my floor and shower walls,I wanted them to remove the grout and use black because you can't screw up black. Instead, they Investigator’s Observation: Not a workmanship concern that can be inspected and/or evaluated. Grout color is addressed in Complaint Item #3.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: Not Applicable.
Compliance Item 20: **PLEASE ADD THAT I DO NOT HAVE A VINYL LINER IN MY SHOWER PAN as an addendum item. Investigator’s Observation: Substantially the same as Item #15. Governing Rule: Not Applicable.
Compliance Item 21: That Holtzman Home Improvement will perform a “flood test” in my shower. Investigator’s Observation: The Registrar can direct the Respondent to correct and/or complete work. The Registrar does not have the authority to direct a contractor to perform testing outside testing requirements of their contract. The Complainant has the burden of proof for their allegations. Governing Rule: Not Applicable.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
License mailing address (if different from account/company address of record):
Holtzman Home Improvement LLC 1625 W University Dr Ste 112 Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 01231245ÿ0748ÿ9 ÿÿ9 ÿ ÿÿ2248203
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711 1 111!"84# $%0$%&'("& " & )" )7$#*0344+$##$#$*3&"7*$0$0224003$+#, 313 Complainant: Michelle Mirabito Mirabito 3910 W Escuda Dr, Glendale, AZ, USA Glendale, AZ 85308
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: Holtzman Home Improvement LLC DBA: 1625 W University Dr Ste 112 Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 September 28, 2023
License No. ROC 335007
Re:Complaint No. 2023-08296
AMENDED 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 October 25, 2023.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item 1: Broken tile on bathroom floor on the right of entry from the master bedroom; Investigator’s Observation: Subject tile has tiny chips at edge. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the
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 completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. Not Applicable.
Compliance Item 3: The used two different colors of grout on both the entire bathroom floor and on the shower walls; Investigator’s Observation: Grout color is not consistent on shower walls. Grout color is not consistent on bathroom floor. Respondent should correct these conditions. Registrar does not order complete replacement only correction by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 6: Bottom of shower bench has gaps ; Investigator’s Observation: Missing grout is a workmanship concern. Grout is missing in this area. Respondent should correct all missing grout by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 8: Pin holes and gaps in shower pan; Investigator’s Observation: Pinholes are not a workmanship concern unless they are excessive. Pinholes are not excessive. There are some areas identified by Complainant as pinholes which are actually tiny areas of missing grout. Grout is missing at shower pan/wall connection. Respondent should correct all missing grout by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 11: There's a small hole under the sink where the plumbing goes into the wall (L side); Investigator’s Observation: Small hole/crack in drywall at pipe penetration. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 13: Right medicine cabinet/mirror was removed and rehung by the painter and now leans to the right, not level; Investigator’s Observation: Cabinet/mirror is not level. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 14: Sharp edges on pony-wall in shower; Investigator’s Observation: Sharp edges were identified. Respondent should correct this condition by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 17: Failed to seal the line between the backsplash of vanity and wall, so there's a small gap the entire line of the backsplash;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Caulk is missing at backsplash wall connection. Respondent stated this was not complete. Respondent should complete their scope of work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 21: That Holtzman Home Improvement will perform a “flood test” in my shower. Investigator’s Observation: The Registrar can direct the Respondent to correct and/or complete work. The Registrar does not have the authority to direct a contractor to perform testing outside testing requirements of their contract. The Complainant has the burden of proof for their allegations. Subsequent to inspection and issuance of Written Directive, Complainant provided additional evidence from the City Building Official (CBO). Per CBO, permit is required for Respondent’s scope of work. Evidence was provided to Respondent as additional evidence. Respondent should comply with the requirements of the CBO and provide a copy of the completed permit to the assigned ROC Investigator. Governing Rule: Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item 2: Tile is not set under baseboards, it's filled in with grout then the baseboards on top of the grout; grout spreads on top of tile; Investigator’s Observation: Tile was laid under baseboard on shower pony wall but not in other areas. Tile is not required to be laid under baseboard. Installation is typical and not unsightly. Governing Rule: Not Applicable.
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 4: Insufficient grout in grout lines of tile in both the bathroom floor and shower walls; Investigator’s Observation: There is no workmanship standard for insufficient vs sufficient grout. Missing grout is a workmanship concern. The areas that I was shown are not missing grout. Governing Rule: Not Applicable.
Compliance Item 5: Hollow tiles on bathroom floor; Investigator’s Observation: Respondent installed all of the tile in this large bathroom and toilet closet. I was shown three tiles in the bathroom area, all of which return hollow sound. Hollow tile is unacceptable if excessive. Three hollow tiles is not excessive based on the aggregate amount of tile installed for project. Governing Rule: Not Applicable.
Compliance Item 7: GFI was placed then removed for some reason that was not explained to me, all the electrician said was that they (Holtzman) put in the wrong plug Investigator’s Observation: Subject outlet was tested and reset at inspection. Governing Rule: Not Applicable.
Compliance Item 9: They grouted the drain cover corners so it can't be removed for cleaning purposes; Investigator’s Observation: Removable at time of inspection. Governing Rule: Not Applicable.
Compliance Item 10: Grout stained because Larry (their super) didn't protect the pan before doing the 'grout test' on the shower wall; Investigator’s Observation: Not a workmanship concern that can be inspected and/or evaluated. Grout color is addressed in Complaint Item #3. Governing Rule: Not Applicable.
Compliance Item 12: When they fixed the holes in the wall below the vanity lights, it was skip-troweled, but not smoothed out, justpainted over so it looks rough and not with a sheen like the rest of the wall; Investigator’s Observation: Texture and paint appear to be consistent with surrounding wall. Governing Rule: Not Applicable.
Compliance Item 15: Failed to use a sealant on shower pan before the new pebble was laid (I'm sure this was done on purpose); Investigator’s Observation: At the time of the inspection, the shower floor has been installed. Complainant provided a photo of worker installing shower floor tile on mortar floor. Complainant believed that the liner should have been visible at this stage of construction. Liner would be located under this mortar. Respondent offered at this
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 inspection to perform destructive inspection to confirm liner, at the cost of Complainant if missing liner is not substantiated. At this time, there is insufficient evidence to substantiate poor workmanship. Governing Rule: Not Applicable.
Compliance Item 16: No sealant on the shower floor, you can scratch the grout with your fingernail and it comes off/out (I'm sure thatwas done on purpose as well); Investigator’s Observation: Water beads from floor, appears to be sealed. Grout is a porous material. Missing grout is a workmanship concern. Missing grout has been directed for correction. Governing Rule: Not Applicable.
Compliance Item 18: Pin holes, missing grout, gaps in grout between tiles in shower and bathroom floor; Investigator’s Observation: Substantially the same as Complaint Item #8. Governing Rule: Not Applicable.
Compliance Item 19: I told their attorney (via email) that with the two different colors of grout that's all over my floor and shower walls,I wanted them to remove the grout and use black because you can't screw up black. Instead, they Investigator’s Observation: Not a workmanship concern that can be inspected and/or evaluated. Grout color is addressed in Complaint Item #3. Governing Rule: Not Applicable.
Compliance Item 20: **PLEASE ADD THAT I DO NOT HAVE A VINYL LINER IN MY SHOWER PAN as an addendum item. Investigator’s Observation: Substantially the same as Item #15. Governing Rule: Not Applicable.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
License mailing address (if different from account/company address of record):
Holtzman Home Improvement LLC
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 1625 W University Dr Ste 112 Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 From: PDD Development Services <[email redacted]> Sent: Tuesday, October 10, 2023 4:42 PM To: Shelly Mirabito <[email redacted]> Subject: results Complainant: Michelle Mirabito Mirabito 3910 W Escuda Dr, Glendale, AZ, USA Glendale, AZ 85308
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: Holtzman Home Improvement LLC DBA: 1625 W University Dr Ste 112 Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 October 16, 2023
License No. ROC 335007
Re:Complaint No. 2023-08296
AMENDED 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 November 10, 2023.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item 1: Broken tile on bathroom floor on the right of entry from the master bedroom; Investigator’s Observation: Subject tile has tiny chips at edge. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the
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 completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. Not Applicable.
Compliance Item 3: The used two different colors of grout on both the entire bathroom floor and on the shower walls; Investigator’s Observation: Grout color is not consistent on shower walls. Grout color is not consistent on bathroom floor. Respondent should correct these conditions. Registrar does not order complete replacement only correction by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 6: Bottom of shower bench has gaps ; Investigator’s Observation: Missing grout is a workmanship concern. Grout is missing in this area. Respondent should correct all missing grout by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 8: Pin holes and gaps in shower pan; Investigator’s Observation: Pinholes are not a workmanship concern unless they are excessive. Pinholes are not excessive. There are some areas identified by Complainant as pinholes which are actually tiny areas of missing grout. Grout is missing at shower pan/wall connection. Respondent should correct all missing grout by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 11: There's a small hole under the sink where the plumbing goes into the wall (L side); Investigator’s Observation: Small hole/crack in drywall at pipe penetration. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 13: Right medicine cabinet/mirror was removed and rehung by the painter and now leans to the right, not level; Investigator’s Observation: Cabinet/mirror is not level. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 14: Sharp edges on pony-wall in shower; Investigator’s Observation: Sharp edges were identified. Respondent should correct this condition by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 17: Failed to seal the line between the backsplash of vanity and wall, so there's a small gap the entire line of the backsplash;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Caulk is missing at backsplash wall connection. Respondent stated this was not complete. Respondent should complete their scope of work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 21: That Holtzman Home Improvement will perform a “flood test” in my shower. Investigator’s Observation: The Registrar can direct the Respondent to correct and/or complete work. The Registrar does not have the authority to direct a contractor to perform testing outside testing requirements of their contract. The Complainant has the burden of proof for their allegations. Subsequent to inspection and issuance of Written Directive, Complainant provided additional evidence from the City Building Official (CBO). Per CBO, permit is required for Respondent’s scope of work. Evidence was provided to Respondent as additional evidence. Respondent should comply with the requirements of the CBO and provide a copy of the completed permit to the assigned ROC Investigator. Governing Rule: Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item 2: Tile is not set under baseboards, it's filled in with grout then the baseboards on top of the grout; grout spreads on top of tile; Investigator’s Observation: Tile was laid under baseboard on shower pony wall but not in other areas. Tile is not required to be laid under baseboard. Installation is typical and not unsightly. Governing Rule: Not Applicable.
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 4: Insufficient grout in grout lines of tile in both the bathroom floor and shower walls; Investigator’s Observation: There is no workmanship standard for insufficient vs sufficient grout. Missing grout is a workmanship concern. The areas that I was shown are not missing grout. Governing Rule: Not Applicable.
Compliance Item 5: Hollow tiles on bathroom floor; Investigator’s Observation: Respondent installed all of the tile in this large bathroom and toilet closet. I was shown three tiles in the bathroom area, all of which return hollow sound. Hollow tile is unacceptable if excessive. Three hollow tiles is not excessive based on the aggregate amount of tile installed for project. Governing Rule: Not Applicable.
Compliance Item 7: GFI was placed then removed for some reason that was not explained to me, all the electrician said was that they (Holtzman) put in the wrong plug Investigator’s Observation: Subject outlet was tested and reset at inspection. Governing Rule: Not Applicable.
Compliance Item 9: They grouted the drain cover corners so it can't be removed for cleaning purposes; Investigator’s Observation: Removable at time of inspection. Governing Rule: Not Applicable.
Compliance Item 10: Grout stained because Larry (their super) didn't protect the pan before doing the 'grout test' on the shower wall; Investigator’s Observation: Not a workmanship concern that can be inspected and/or evaluated. Grout color is addressed in Complaint Item #3. Governing Rule: Not Applicable.
Compliance Item 12: When they fixed the holes in the wall below the vanity lights, it was skip-troweled, but not smoothed out, justpainted over so it looks rough and not with a sheen like the rest of the wall; Investigator’s Observation: Texture and paint appear to be consistent with surrounding wall. Governing Rule: Not Applicable.
Compliance Item 15: Failed to use a sealant on shower pan before the new pebble was laid (I'm sure this was done on purpose); Investigator’s Observation: At the time of the inspection, the shower floor has been installed. Complainant provided a photo of worker installing shower floor tile on mortar floor. Complainant believed that the liner should have been visible at this stage of construction. Liner would be located under this mortar. Respondent offered at this
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 inspection to perform destructive inspection to confirm liner, at the cost of Complainant if missing liner is not substantiated. At this time, there is insufficient evidence to substantiate poor workmanship. Governing Rule: Not Applicable.
Compliance Item 16: No sealant on the shower floor, you can scratch the grout with your fingernail and it comes off/out (I'm sure thatwas done on purpose as well); Investigator’s Observation: Water beads from floor, appears to be sealed. Grout is a porous material. Missing grout is a workmanship concern. Missing grout has been directed for correction. Governing Rule: Not Applicable.
Compliance Item 18: Pin holes, missing grout, gaps in grout between tiles in shower and bathroom floor; Investigator’s Observation: Substantially the same as Complaint Item #8. Governing Rule: Not Applicable.
Compliance Item 19: I told their attorney (via email) that with the two different colors of grout that's all over my floor and shower walls,I wanted them to remove the grout and use black because you can't screw up black. Instead, they Investigator’s Observation: Not a workmanship concern that can be inspected and/or evaluated. Grout color is addressed in Complaint Item #3. Governing Rule: Not Applicable.
Compliance Item 20: **PLEASE ADD THAT I DO NOT HAVE A VINYL LINER IN MY SHOWER PAN as an addendum item. Investigator’s Observation: Substantially the same as Item #15. Governing Rule: Not Applicable.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
License mailing address (if different from account/company address of record):
Holtzman Home Improvement LLC
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 1625 W University Dr Ste 112 Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 [number redacted]ÿ07832ÿ9 ÿÿ9 ÿ ÿÿ
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811 1 1171!"#$40 %&'%&()*#( # ( +# +80,$3372-300224,-$0-(#80,$3372-300224,-$. 313 Complainant: Michelle Mirabito Mirabito 3910 W Escuda Dr, Glendale, AZ, USA Glendale, AZ 85308
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: Holtzman Home Improvement LLC DBA: 1625 W University Dr Ste 112 Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 November 16, 2023
License No. ROC 335007
Re:Complaint No. 2023-08296
AMENDED 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 December 14, 2023.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item 1: Broken tile on bathroom floor on the right of entry from the master bedroom; Investigator’s Observation: Subject tile has tiny chips at edge. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the
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 completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. Not Applicable.
Compliance Item 3: The used two different colors of grout on both the entire bathroom floor and on the shower walls; Investigator’s Observation: Grout color is not consistent on shower walls. Grout color is not consistent on bathroom floor. Respondent should correct these conditions. Registrar does not order complete replacement only correction by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 6: Bottom of shower bench has gaps ; Investigator’s Observation: Missing grout is a workmanship concern. Grout is missing in this area. Respondent should correct all missing grout by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 8: Pin holes and gaps in shower pan; Investigator’s Observation: Pinholes are not a workmanship concern unless they are excessive. Pinholes are not excessive. There are some areas identified by Complainant as pinholes which are actually tiny areas of missing grout. Grout is missing at shower pan/wall connection. Respondent should correct all missing grout by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 11: There's a small hole under the sink where the plumbing goes into the wall (L side); Investigator’s Observation: Small hole/crack in drywall at pipe penetration. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 13: Right medicine cabinet/mirror was removed and rehung by the painter and now leans to the right, not level; Investigator’s Observation: Cabinet/mirror is not level. Respondent should correct by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 14: Sharp edges on pony-wall in shower; Investigator’s Observation: Sharp edges were identified. Respondent should correct this condition by appropriate methods. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 17: Failed to seal the line between the backsplash of vanity and wall, so there's a small gap the entire line of the backsplash;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Caulk is missing at backsplash wall connection. Respondent stated this was not complete. Respondent should complete their scope of work. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity
Compliance Item 21: That Holtzman Home Improvement will perform a “flood test” in my shower. Investigator’s Observation: The Registrar can direct the Respondent to correct and/or complete work. The Registrar does not have the authority to direct a contractor to perform testing outside testing requirements of their contract. The Complainant has the burden of proof for their allegations. Subsequent to inspection and issuance of Written Directive, Complainant provided additional evidence from the City Building Official (CBO). Per CBO, permit is required for Respondent’s scope of work. Evidence was provided to Respondent as additional evidence. Respondent should comply with the requirements of the CBO and provide a copy of the completed permit to the assigned ROC Investigator. Governing Rule: Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item 2: Tile is not set under baseboards, it's filled in with grout then the baseboards on top of the grout; grout spreads on top of tile; Investigator’s Observation: Tile was laid under baseboard on shower pony wall but not in other areas. Tile is not required to be laid under baseboard. Installation is typical and not unsightly. Governing Rule: Not Applicable.
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 4: Insufficient grout in grout lines of tile in both the bathroom floor and shower walls; Investigator’s Observation: There is no workmanship standard for insufficient vs sufficient grout. Missing grout is a workmanship concern. The areas that I was shown are not missing grout. Governing Rule: Not Applicable.
Compliance Item 5: Hollow tiles on bathroom floor; Investigator’s Observation: Respondent installed all of the tile in this large bathroom and toilet closet. I was shown three tiles in the bathroom area, all of which return hollow sound. Hollow tile is unacceptable if excessive. Three hollow tiles is not excessive based on the aggregate amount of tile installed for project. Governing Rule: Not Applicable.
Compliance Item 7: GFI was placed then removed for some reason that was not explained to me, all the electrician said was that they (Holtzman) put in the wrong plug Investigator’s Observation: Subject outlet was tested and reset at inspection. Governing Rule: Not Applicable.
Compliance Item 9: They grouted the drain cover corners so it can't be removed for cleaning purposes; Investigator’s Observation: Removable at time of inspection. Governing Rule: Not Applicable.
Compliance Item 10: Grout stained because Larry (their super) didn't protect the pan before doing the 'grout test' on the shower wall; Investigator’s Observation: Not a workmanship concern that can be inspected and/or evaluated. Grout color is addressed in Complaint Item #3. Governing Rule: Not Applicable.
Compliance Item 12: When they fixed the holes in the wall below the vanity lights, it was skip-troweled, but not smoothed out, justpainted over so it looks rough and not with a sheen like the rest of the wall; Investigator’s Observation: Texture and paint appear to be consistent with surrounding wall. Governing Rule: Not Applicable.
Compliance Item 15: Failed to use a sealant on shower pan before the new pebble was laid (I'm sure this was done on purpose); Investigator’s Observation: At the time of the inspection, the shower floor has been installed. Complainant provided a photo of worker installing shower floor tile on mortar floor. Complainant believed that the liner should have been visible at this stage of construction. Liner would be located under this mortar. Respondent offered at this
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 inspection to perform destructive inspection to confirm liner, at the cost of Complainant if missing liner is not substantiated. At this time, there is insufficient evidence to substantiate poor workmanship. Governing Rule: Not Applicable.
Compliance Item 16: No sealant on the shower floor, you can scratch the grout with your fingernail and it comes off/out (I'm sure thatwas done on purpose as well); Investigator’s Observation: Water beads from floor, appears to be sealed. Grout is a porous material. Missing grout is a workmanship concern. Missing grout has been directed for correction. Governing Rule: Not Applicable.
Compliance Item 18: Pin holes, missing grout, gaps in grout between tiles in shower and bathroom floor; Investigator’s Observation: Substantially the same as Complaint Item #8. Governing Rule: Not Applicable.
Compliance Item 19: I told their attorney (via email) that with the two different colors of grout that's all over my floor and shower walls,I wanted them to remove the grout and use black because you can't screw up black. Instead, they Investigator’s Observation: Not a workmanship concern that can be inspected and/or evaluated. Grout color is addressed in Complaint Item #3. Governing Rule: Not Applicable.
Compliance Item 20: **PLEASE ADD THAT I DO NOT HAVE A VINYL LINER IN MY SHOWER PAN as an addendum item. Investigator’s Observation: Substantially the same as Item #15. Governing Rule: Not Applicable.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
License mailing address (if different from account/company address of record):
Holtzman Home Improvement LLC
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 1625 W University Dr Ste 112 Tempe, AZ 85281
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: Michelle Mirabito Mirabito 3910 W Escuda Dr, Glendale, AZ, USA Glendale, AZ 85308
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: Holtzman Home Improvement LLC DBA: 1625 W University Dr Suite 112 Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 January 10, 2024
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-08296
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for January 30, 2024 at 11:00 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, Lisa Melton, Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
Holtzman Home Improvement LLC
1625 W University Dr Ste 112 Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
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711 1 1!121"#$%&0 4'84'()*$( $ (+$7,-.0.&%%.03--,%2%&,($7,-.0.&%%.03--/ 010 Complaint #2023-08296 Inspection Date: 01/30/2024 11:00 AM JSI PHOTOS – Page 1
SHOWER WALL (1) Complaint #2023-08296 Inspection Date: 01/30/2024 11:00 AM JSI PHOTOS – Page 2
SHOWER WALL (2) Complaint #2023-08296 Inspection Date: 01/30/2024 11:00 AM JSI PHOTOS – Page 3
SHOWER WALL (3) Complaint #2023-08296 Inspection Date: 01/30/2024 11:00 AM JSI PHOTOS – Page 4
SOWER WALL (4) Complaint #2023-08296 Inspection Date: 01/30/2024 11:00 AM JSI PHOTOS – Page 5
BATHROOM FLOOR (1) Complaint #2023-08296 Inspection Date: 01/30/2024 11:00 AM JSI PHOTOS – Page 6
BATHROOM FLOOR (2) Complaint #2023-08296 Inspection Date: 01/30/2024 11:00 AM JSI PHOTOS – Page 7
SHOWER FLOOR (1) Complaint #2023-08296 Inspection Date: 01/30/2024 11:00 AM JSI PHOTOS – Page 8
SHOWER FLOOR (2) Complainant: Michelle Mirabito Mirabito 3910 W Escuda Dr, Glendale, AZ, USA Glendale, AZ 85308
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Holtzman Home Improvement LLC DBA: 1625 W University Dr Suite 112 Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-08296 Investigator: Lisa Melton Inspection Date: January 30, 2024 Inspection Time: 11:00 AM
Compliance Jobsite General Notes: JSI photos and audio was recorded with my agency issued Pixel 6 Pro phone.
Attendees: Complainant: Michelle (Shelly) Mirabito Respondent: Nick Martinez
Compliance Item 3: The used two different colors of grout on both the entire bathroom floor and on the shower walls; Investigator’s Observation at JOBSITE INSPECTION: Grout color is not consistent on shower walls. Grout color is not consistent on bathroom floor. Respondent should correct these conditions. Registrar does not order complete replacement only correction by appropriate methods. Investigator’s Observation at COMPLIANCE INSPECTION: • Complainant Concern #1: Grout still remains two different colors (bathroom floor and shower walls) after they removed it and it was reapplied. NOT COMPLETE. Grout is not discolored, however, it is not consistent in color. Color varies greatly on shower wall and also on bathroom floor. • Complaint Concern #2: Grout on shower floor is now three different colors. COMPLETE. Grout on shower floor is reasonably consistent in color. • Complainant Concern #3: Product that was applied on shower pan on Friday, December 15 has disappeared in certain locations and still remains in others for instance by the shower door, looks like a sticky film. COMPLETE. Unable to identify the “film”. It appears that sealant has been applied to surface. • Complainant Concern #4: Carpet transition from bathroom to master: bathroom to close has gaps not tacked down properly. COMPLETE. Carpet is tightly stretched and securely attached at perimeter. Meets workmanship standard. Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Compliance Item 8: Pin holes and gaps in shower pan; Investigator’s Observation: Pinholes are not a workmanship concern unless they are excessive. Pinholes are not excessive. There are some areas identified by Complainant as pinholes which are actually tiny areas of missing grout. Grout is missing at shower pan/wall connection. Respondent should correct all missing grout by appropriate methods. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Investigator’s Observation at COMPLIANCE INSPECTION: Complainant Concern #5: There are several pinholes in the grout on the shower walls and bathroom floor. This item (pinholes) was NOT DIRECTED for correction.
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,
Lisa Melton Investigator #206 602 7716736 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Michelle Mirabito, Case No. 2023-08296 COMPLAINANT v. Holtzman Home Improvement LLC, CITATION License No. ROC 335007, RESPONDENT
The Registrar issues this Citation to Holtzman Home Improvement LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by February 29, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On July 21, 2023, Michelle Mirabito (“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(b) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. 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. 2023-08296. 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 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]
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 February 29, 2024.
This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a
deadline ten days after service of the Citation. Service of the Citation and Complaint is
complete five days after the Registrar mails a copy of the Citation and Complaint to
Respondent’s latest address of record in the Registrar’s office.
Consequences for Failing to File a Written Answer: If Respondent fails to answer,
Respondent’s failure may be deemed an admission of the act or acts charged in the written
complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s
license(s).
THE ADMINISTRATIVE HEARING
If Respondent files a timely written answer contesting any charges in the Complaint,
then the Registrar will request the Office of Administrative Hearings set a date for an
administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S.
§ 41-1092.05(D).
INVESTIGATOR’S APPEARANCE AS A WITNESS
The Registrar’s assigned investigator will appear as a witness at the hearing. If either
party demands the attendance at the hearing of any other person, that party must obtain and
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 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
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated February 14, 2024. By: /s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors
COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, February 14, 2024 to: Respondent Certified Mail No: [number redacted] Holtzman Home Improvement LLC 1625 W. University Dr., Suite 112 Tempe, AZ 85281
Copy mailed by USPS First Class mail this same date to: Respondent Holtzman Home Improvement LLC 1625 W. University Dr., Suite 112 Tempe, AZ 85281 Complainant Michelle Mirabito 3910 W Escuda Dr. Glendale, AZ 85308 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. 2023-08296 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
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Michelle Mirabito Mailing Address (Enter jobsite in Contract/Project section) City State Zip
3910 W Escuda Dr, Glendale, AZ, USA Glendale Arizona 85308 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)
Holtzman Home Improvement LLC ROC 335007 Street Address City State Zip
1625 W University Dr Ste 112 Tempe AZ 85281 Phone Number Email
[number redacted] [email redacted] Name of Person(s) Representing License
Richie (super);Larry (super);Omar (and his child) Contract/Project Information Contract Date Contract Amount Amount Paid
August 30, 2022 $30,001.20 $29,585.40 Date Work Started Date Work Stopped Date Work Was Completed
February 28, 2023 July 21, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
3910 W Escuda Dr, Glendale, AZ, USA Glendale AZ 85308 Name of Construction Site Owner Construction Site Name (if applicable)
Michelle (Shelly) Mirabito Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] [email redacted] This complaint is for Abandonment;Poor Work I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Has any work been corrected? Yes Larry The contract was Written All change orders were N/A This project was Residential This project involved Remodel
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)
Broken tile on bathroom floor on the right of entry from the master bedroom; Tile is not set under baseboards, it's filled in with grout then the baseboards on top of the grout; grout spreads on top of tile; The used two different colors of grout on both the entire bathroom floor and on the shower walls; Insufficient grout in grout lines of tile in both the bathroom floor and shower walls; Hollow tiles on bathroom floor; Bottom of shower bench has gaps ; GFI was placed then removed for some reason that was not explained to me, all the electrician said was that they (Holtzman) put in the wrong plug
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
Michelle Mirabito \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Michelle Mirabito Mailing Address (Enter jobsite in Contract/Project section) City State Zip
3910 W Escuda Dr, Glendale, AZ, USA Glendale Arizona 85308 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)
Holtzman Home Improvement LLC ROC 335007 Street Address City State Zip
1625 W University Dr Ste 112 Tempe AZ 85281 Phone Number Email
[number redacted] [email redacted] Name of Person(s) Representing License
Richie (super);Larry (super);Omar (and his child) Contract/Project Information Contract Date Contract Amount Amount Paid
August 30, 2022 $30,001.20 $29,585.40 Date Work Started Date Work Stopped Date Work Was Completed
February 28, 2023 July 21, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
3910 W Escuda Dr, Glendale, AZ, USA Glendale AZ 85308 Name of Construction Site Owner Construction Site Name (if applicable)
Michelle (Shelly) Mirabito Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] [email redacted] This complaint is for Abandonment;Poor Work I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Has any work been corrected? Yes Larry The contract was Written All change orders were N/A This project was Residential This project involved Remodel
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)
Broken tile on bathroom floor on the right of entry from the master bedroom; Tile is not set under baseboards, it's filled in with grout then the baseboards on top of the grout; grout spreads on top of tile; The used two different colors of grout on both the entire bathroom floor and on the shower walls; Insufficient grout in grout lines of tile in both the bathroom floor and shower walls; Hollow tiles on bathroom floor; Bottom of shower bench has gaps ; GFI was placed then removed for some reason that was not explained to me, all the electrician said was that they (Holtzman) put in the wrong plug ADDENDUM PROVIDED BY COMPLAINANT - APPEARS ON FOLLOWING PAGE
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
Michelle Mirabito \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 ADDENDUM ITEMS
Pin holes and gaps in shower pan;
They grouted the drain cover corners so it can't be removed for cleaning purposes;
Grout stained because Larry (their super) didn't protect the pan before doing the 'grout test' on the shower wall;
There's a small hole under the sink where the plumbing goes into the wall (L side);
When they fixed the holes in the wall below the vanity lights, it was skip-troweled, but not smoothed out, justpainted over so it looks rough and not with a sheen like the rest of the wall;
Right medicine cabinet/mirror was removed and rehung by the painter and now leans to the right, not level;
Sharp edges on pony-wall in shower;
Failed to use a sealant on shower pan before the new pebble was laid (I'm sure this was done on purpose);
No sealant on the shower floor, you can scratch the grout with your fingernail and it comes off/out (I'm sure thatwas done on purpose as well);
Failed to seal the line between the backsplash of vanity and wall, so there's a small gap the entire line of thebacksplash;
Pin holes, missing grout, gaps in grout between tiles in shower and bathroom floor;
I told their attorney (via email) that with the two different colors of grout that's all over my floor and shower walls,I wanted them to remove the grout and use black because you can't screw up black. Instead, they
**PLEASE ADD THAT I DO NOT HAVE A VINYL LINER IN MY SHOWER PAN as an addendum item. ADDENDUM ITEMS
Pin holes and gaps in shower pan;
They grouted the drain cover corners so it can't be removed for cleaning purposes;
Grout stained because Larry (their super) didn't protect the pan before doing the 'grout test' on the shower wall;
There's a small hole under the sink where the plumbing goes into the wall (L side);
When they fixed the holes in the wall below the vanity lights, it was skip-troweled, but not smoothed out, justpainted over so it looks rough and not with a sheen like the rest of the wall;
Right medicine cabinet/mirror was removed and rehung by the painter and now leans to the right, not level;
Sharp edges on pony-wall in shower;
Failed to use a sealant on shower pan before the new pebble was laid (I'm sure this was done on purpose);
No sealant on the shower floor, you can scratch the grout with your fingernail and it comes off/out (I'm sure thatwas done on purpose as well);
Failed to seal the line between the backsplash of vanity and wall, so there's a small gap the entire line of thebacksplash;
Pin holes, missing grout, gaps in grout between tiles in shower and bathroom floor;
I told their attorney (via email) that with the two different colors of grout that's all over my floor and shower walls,I wanted them to remove the grout and use black because you can't screw up black. Instead, they
**PLEASE ADD THAT I DO NOT HAVE A VINYL LINER IN MY SHOWER PAN as an addendum item. 01231245ÿ3789ÿ ÿÿÿ ÿÿ7ÿ224023
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711 !11"11#$%048&'3&'()*%(!%( +%+78,,98,&43&,24800(%78,,98,&43&,248- 212 Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 2/29/2024 ROC Legal Received 3/1/24, 7:54 AM State of Arizona Mail - Mirabito v. Holtzman Home Improvement / ROC Case No. 2023-08296 2/29/2024 ROC Legal
Answers - AZROC <[email redacted]>
Mirabito v. Holtzman Home Improvement / ROC Case No. 2023-08296 message
Tiffany Hayes <[email redacted]> Thu, Feb 29, 2024 at 3:16 PM To: "[email redacted]" <[email redacted]> Cc: "[email redacted]" <[email redacted]>, Alicia Casale <[email redacted]>
Good Afternoon:
Please see the attached Written Answer to Citation & Complaint in the above-referenced matter.
Tiffany J. Hayes
Legal Assistant
MURPHY CORDIER CASALE AXEL PLC
4647 N. 32nd Street, Suite 150
Phoenix, AZ 85018
[email redacted]
(602) 274-9000 (Main)
(602) 441-1068 (Direct)
(602) 795-5896 (Fax)
www.mcattorneys.com
NOTICE: This e-mail may contain confidential and privileged material for the sole use of the intended recipient. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete and destroy all copies. To ensure IRS compliance, any tax advice included in this e-mail may not be used by any recipient to avoid penalties imposed under the Internal Revenue Code, state or local tax law provisions. Thank you.
20240229 HHI's Written Answer to Citation and Complaint - Mirabito.pdf 1797K
https://mail.google.com/mail/b/AEoRXRQsyCcfvLcDuDpr1y-mMZxMDjDwlNlWnHYpfBxkKOiyKf0B/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 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