2023A-09201-CHC-ROC Notice of Hearing and Packet MAILED

2023A-09201-CHC-ROC · Registrar of Contractors · 2023-12-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Richard Leonard , Case No. 2023-09201 COMPLAINANT, Docket No. 2023A-09201-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Leak Stoppers LLC License No. ROC 321310,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

January 11, 2024 9:00 AM Amy Haley 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 October 31, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

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

Charge: 3 A.R.S. § 32-1154(A)(22)

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

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

be a party to the hearing.

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

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

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

1156(B).

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

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

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

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

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

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

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

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

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION

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

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated December 1, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail December 1, 2023 to:

Respondent(s) Leak Stoppers LLC 8323 N Shannon Rd Apt 18208 Tucson, AZ 85742 Complainant(s) Richard Leonard 2725 Tuberose St San Diego, CA 92105

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. 2023-09201 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

Complainant: Richard Leonard 2725 Tuberose Street San Diego, CA 92105

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Leak Stoppers LLC DBA: 4444 N. Rockcliff Rd. Tucson, AZ 85750

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 August 15, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-09201

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for September 22, 2023 at 10:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Case No.: 2023-09201 Investigator: Mike Springer Inspection Date: September 22, 2023 Inspection Time: 10:30 AM

Complainant: Richard Leonard Respondent: Leak Stoppers LLC Not Present: Not Present:

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

Complaint Item: 1 - The drip edge is improperly nailed down to prevent buckling or lift up at the leading edges of the roof, this is seen across the entire perimeter of the home. Investigator’s Observation: The front and back of the homes drip edge is lifting and wavy. Gaps are present along the edge. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 2 - Also, the transition to the porch roof at the southeast corner is not sealed, this is a vector for attracting water, bees, wasps and other pests.; Investigator’s Observation: This area has lifted, drip edge is also bent. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

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

Complaint Item: 3 - Felt & Tar: All edges along the perimeter of the home are poorly bonded and pulling up in many areas. I would like to see that a portion of the felt be removed, allowing for the drip edge to be properly fastened. A 3 course flashing should be used to bridge the transition, this can be achieved by using a tietex membrane and heavy duty mastic patching coat which will provide the necessary water seal.; Investigator’s Observation: Areas along rakes are loose, nail heads can be seen. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 4 - Excess tar can be seen in many places which have created large cracks. I would like to see these spots be scraped to remove the excess and properly patched with a 3 course flashing as needed.; Investigator’s Observation: Some areas in the field of the roof have excess tar which are mounded and the roof coating over it has cracked open. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 5 - Roof Coating: It looks like only one coat was applied to the roof beyond a coverage rate that a product manufacturer would warranty. It appears the contracgot bought less paint and spread it too thin. I would like to see a primer coat be applied across the entire roof surface and it be properly coated twice with either the 7k or 10k roof coat from Tucson Roof Coatings in Tan.; Investigator’s Observation: Roof coating appears thin. Has cracked open in areas and the tar undercoat is showing throughout the roof. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

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

Complaint Item: 6 - Conduits & Service lines are on wood blocking. I would like to see the blocks replaced with appropriate plastic or metal supports designed specifically for the task. ; Investigator’s Observation: At the JSI it was determined that the Respondent did not install these blocks. Governing Rule: N/A

Complaint Item: 7 - Skylights: There is no flashing that i could see around the skylight. I would like to see a 3 course flashing with tietex and mastic. Also a cricket would also help address water damming at the high end. Investigator’s Observation: I cannot verify flashing around the skylights, the Respondent states they have a 6 inch flange around which is standard skylight construction which I would agree with.. Governing Rule: N/A

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- 09201 P 1 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 2 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 3 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 4 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 5 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 6 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 7 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 8 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 9 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 10 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 11 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 12 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 13 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 14 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 15 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 16 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 17 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 18 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 19 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 20 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 21 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 22 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 23 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 24 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complaint # 2023- 09201 P 25 JSI address: 2564 North Treat Avenue Date: 9-22-23 JSI PHOTOS Complainant: Richard Leonard 2725 Tuberose Street San Diego, CA 92105

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Leak Stoppers LLC 4444 N. Rockcliff Rd. Tucson, AZ 85750

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 September 22, 2023

License No. ROC 321310

Re:Complaint No. 2023-09201

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 10th, 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 - The drip edge is improperly nailed down to prevent buckling or lift up at the leading edges of the roof, this is seen across the entire perimeter of the home. Investigator’s Observation: The front and back of the homes drip edge is lifting and wavy. Gaps are present along the edge. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

Compliance Item: 2 - Also, the transition to the porch roof at the southeast corner is not sealed, this is a vector for attracting water, bees, wasps and other pests.; Investigator’s Observation: This area has lifted, drip edge is also bent. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 3 - Felt & Tar: All edges along the perimeter of the home are poorly bonded and pulling up in many areas. I would like to see that a portion of the felt be removed, allowing for the drip edge to be properly fastened. A 3 course flashing should be used to bridge the transition, this can be achieved by using a tietex membrane and heavy duty mastic patching coat which will provide the necessary water seal.; Investigator’s Observation: Areas along rakes are loose, nail heads can be seen. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 4 - Excess tar can be seen in many places which have created large cracks. I would like to see these spots be scraped to remove the excess and properly patched with a 3 course flashing as needed.; Investigator’s Observation: Some areas in the field of the roof have excess tar which are mounded and the roof coating over it has cracked open. Governing Rule: Violation of any rule adopted by the Registrar;

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

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

Compliance Item: 5 - Roof Coating: It looks like only one coat was applied to the roof beyond a coverage rate that a product manufacturer would warranty. It appears the contracgot bought less paint and spread it too thin. I would like to see a primer coat be applied across the entire roof surface and it be properly coated twice with either the 7k or 10k roof coat from Tucson Roof Coatings in Tan.; Investigator’s Observation: Roof coating appears thin. Has cracked open in areas and the tar undercoat is showing throughout the roof. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

Compliance Item: 6 - Conduits & Service lines are on wood blocking. I would like to see the blocks replaced with appropriate plastic or metal supports designed specifically for the task. ; Investigator’s Observation: At the JSI it was determined that the Respondent did not install these blocks. Governing Rule: N/A

Compliance Item: 7 - Skylights: There is no flashing that i could see around the skylight. I would like to see a 3 course flashing with tietex and mastic. Also a cricket would also help address water damming at the high end. Investigator’s Observation: I cannot verify flashing around the skylights, the Respondent states they have a 6 inch flange around which is

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 standard skylight construction which I would agree with.. Governing Rule: N/A

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

Sincerely,

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

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

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

Leak Stoppers LLC

4444 N Rockcliff Rd Tucson, AZ 85750

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

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

Complainant Attorney:

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

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

Respondent Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 10/23/23, 2:28 PM State of Arizona Mail - Complaint Number 2023-09201, 2564 N Treat Ave Compliance inspection

Michael Springer <[email redacted]>

Complaint Number 2023-09201, 2564 N Treat Ave Compliance inspection messages

Ed Leonard <[email redacted]> Thu, Oct 19, 2023 at 4:15 PM To: Mike Springer <[email redacted]> Cc: LeakStopper's LLC <[email redacted]>

Good afternoon Mike, This is regarding Complaint Number 2023-09201, 2564 N Treat Ave.

The respondent came out on Thursday 10/12 to make corrective work to the roof. I don't know if the respondent has notified you of their compliance with the Directive.

I would like to schedule a compliance inspection to determine if the poor work was corrected, which I believe it was not. I had a representative observe the work and the respondent did not make corrections as specified in the written directive.

Sincerely, Ed Leonard

On Tue, Oct 10, 2023 at 3:37 PM LeakStopper's LLC <[email redacted]> wrote: We’re going to follow what the ROC Written Directive requirements outline.

Mike, Please review this email chain. Thank you.

Best Regards,

Todd Evans Phone: (520) 982-8660 Website: www.leakstoppersroofing.com

On Oct 10, 2023, at 2:50 PM, Ed Leonard <[email redacted]> wrote:

A follow up on the roof corrections you are doing this week:

Send me the product you will be applying ahead of time so I can review it- preferably today. Also let me know if you are applying a new base coat and/or how many coats of roof coating

The color needs to match the existing, which is a blend of white and tan.

Ed Leonard

On Wed, Oct 4, 2023 at 1:10 PM Ed Leonard <[email redacted]> wrote: I would like to be there to observe the work. I would like to schedule you for next week, Thursday 12th and Friday 13th. I will email ROC to let them know that I am pushing the schedule back a week so that I can be there. Please confirm that those days will work.

When you do the work-

Please color match the roof coating, which is a blend of tan and white. Also please send me the product you will be applying ahead of time so I can review it. Also let me know if you are

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/4 10/23/23, 2:28 PM State of Arizona Mail - Complaint Number 2023-09201, 2564 N Treat Ave Compliance inspection applying a new base coat and/or how many coats of roof coating.

On Tue, Oct 3, 2023 at 7:55 PM LeakStopper's LLC <[email redacted]> wrote: Ed, We want to get on your schedule to fix the roof Thursday the 5th and Friday the 6th. Please confirm. Thank you.

Best Regards,

Todd Evans LeakStopper's LLC Office: (520) 447-5821 Website: www.leakstoppersroofing.com

On Oct 3, 2023, at 8:08 AM, LeakStopper's LLC <[email redacted]> wrote:

Received. You will be informed.

On Tue, Oct 3, 2023 at 8:07 AM Ed Leonard <[email redacted]> wrote: I am following up on the Roof Repair work for 2564 N Treat Ave. Any access to the site needs to be coordinated with me at least two days prior to your visit. All correspondence needs to be via email.

Ed Leonard

Mike Springer <[email redacted]> Fri, Oct 20, 2023 at 8:10 AM To: Ed Leonard <[email redacted]>

I can schedule it but it will be into December at this point. Your items are pretty easy to see. should be easy to determine if fixed. Let me know.

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on: https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/4 10/23/23, 2:28 PM State of Arizona Mail - Complaint Number 2023-09201, 2564 N Treat Ave Compliance inspection facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

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CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

[Quoted text hidden]

Ed Leonard <[email redacted]> Mon, Oct 23, 2023 at 8:00 AM To: Mike Springer <[email redacted]>

Hi Mike, Yes, I can see that they did not make the corrections based on the written directive. I have photos and I had someone there observing. I would like them to do the work correctly, but to be honest, I don't think they have any interest in doing that. I don't know what is a possible outcome here but it would be great to get some money from them or their bond to help pay for another roofing contractor to do the roof work needed. And it would be great to have this show up on their license so others would know what to expect from this company.

So for now I'd like to do whatever the ROC next steps require. From the letter you sent it sounded like a follow up inspection of the corrections was needed to determine if they did or didn't make the required corrections? But if that's not necessary that's fine with me. I have photos and a summary of the corrections I could send you if that could help us avoid another inspection.

Thanks Mike, I know you're busy and I appreciate your assistance with this.

Ed Leonard, Architect 619.348.7142 [email redacted]

[Quoted text hidden]

Mike Springer <[email redacted]> Mon, Oct 23, 2023 at 8:11 AM To: Ed Leonard <[email redacted]>

I will schedule a compliance inspection. [Quoted text hidden] [Quoted text hidden]

Mike Springer <[email redacted]> Mon, Oct 23, 2023 at 2:27 PM

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 3/4 10/23/23, 2:28 PM State of Arizona Mail - Complaint Number 2023-09201, 2564 N Treat Ave Compliance inspection To: Ed Leonard <[email redacted]>

[Quoted text hidden]

20231023 Compliance Jobsite Inspection Notice-2023-09201.pdf 108K

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 4/4 Complainant: Richard Leonard 2725 Tuberose Street San Diego, CA 92105

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: Leak Stoppers LLC 8323 N Shannon Rd Apt 18208 Tucson, AZ 85742

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 October 23, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-09201

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for October 27, 2023 at 2:00 PM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complainant: Richard Leonard 2725 Tuberose Street San Diego, CA 92105

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Leak Stoppers LLC 8323 N Shannon Rd Apt 18208 Tucson, AZ 85742

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-09201 Investigator: Mike Springer Inspection Date: October 27, 2023 Inspection Time: 2:00 PM

Compliance Jobsite General Notes:

Compliance Findings: Compliance Item: 1- The drip edge is improperly nailed down to prevent buckling or lift up at the leading edges of the roof, this is seen across the entire perimeter of the home.

Note: Areas along the North roof edge are spongy with nails that move up and down when stepped on. Nails are not penetrating anything. Nails heads are visible and in some areas popping through roof coating. South side of roof has no visible nails. If nails are not serving purpose they should have been removed. All areas should be uniform and of similar quality.

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

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

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

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complaint # 2023- 09201 CJSI P 1 JSI address: 2564 North Treat Avenue Date: 10-27-23 JSI PHOTOS Complaint # 2023- 09201 CJSI P 2 JSI address: 2564 North Treat Avenue Date: 10-27-23 JSI PHOTOS Complaint # 2023- 09201 CJSI P 3 JSI address: 2564 North Treat Avenue Date: 10-27-23 JSI PHOTOS Complaint # 2023- 09201 CJSI P 4 JSI address: 2564 North Treat Avenue Date: 10-27-23 JSI PHOTOS Complaint # 2023- 09201 CJSI P 5 JSI address: 2564 North Treat Avenue Date: 10-27-23 JSI PHOTOS Complaint # 2023- 09201 CJSI P 6 JSI address: 2564 North Treat Avenue Date: 10-27-23 JSI PHOTOS Complaint # 2023- 09201 CJSI P 7 JSI address: 2564 North Treat Avenue Date: 10-27-23 JSI PHOTOS Complaint # 2023- 09201 CJSI P 8 JSI address: 2564 North Treat Avenue Date: 10-27-23 JSI PHOTOS Complaint # 2023- 09201 CJSI P 9 JSI address: 2564 North Treat Avenue Date: 10-27-23 JSI PHOTOS REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Richard Leonard, Case No. 2023-09201 COMPLAINANT, v.

Leak Stoppers LLC, CITATION License No. ROC 321310,

RESPONDENT.

The Registrar issues this Citation to Leak Stoppers LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 15, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On August 10, 2023, Richard Leonard (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158. Charge :3 A.R.S. § 32-1154(A)(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. 2023-09201. 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, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted]

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than November 15, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after

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

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated October 31, 2023 By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 31, 2023 to: Respondent Certified Mail No: [number redacted] Leak Stoppers LLC 8323 N Shannon Rd Apt 18208 Tucson, AZ 85742

Copy mailed by USPS First Class Mail this same date to: Respondent Leak Stoppers LLC 8323 N Shannon Rd Apt 18208 Tucson, AZ 85742 Leak Stoppers LLC 4444 N Rockcliff Rd Tucson, AZ 85750 Complainant Richard Leonard 2725 Tuberose St San Diego, CA 92105

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. 2023-09201

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 LeakStoppers LLC Invoice 4444 N Rockcliff Rd. Date Invoice # Tucson, AZ 85750 www.leakstoppersroofing.com 6/10/2022 010918 [email redacted] (520) 447-5821

Bill To Ed Leonard 2564 N Treat Ave. Tucson, AZ 85716

Description Qty Price Each Balance Re-roof entire built up area, as follows: 13,500.00 13,500.00 1. Remove existing roofing at edge as needed. 2. Install 1/2 inch recover board over existing roof system. 3. Furnish and apply fiberglass base felt and two layers of fiberglass finishing felts, with hot asphalt between each layer. 4. Install new metal edging. 7. Remove cooler and discard. 8. Seal and paint all pipes, vents and other roof projections. 9. Apply and coat surface with two [2] coats reflective white roof coating 10. Clean up any debris from this procedure. 11. Furnish a written 5 year no leak guarantee. Cut back over hang as discussed with owner & install 0.00 0.00 2x8 on gable ends and 2x6 fascia on eve edges front & back for no additional charge. Replace 1 - 19x27 and 1 - 27x51 skylight for no 0.00 0.00 additional charge. Install a 1x6 trim board elevated 3 1/2 inches above 0.00 0.00 roof deck and install a 3" urethane insulation and a 1/2" recover board for no additional charge. Installed [30] 8 foot pieces of 1x8 shiplap 240 4.50 1,080.00 Installed [10] 8 foot pieces of 1x8 shiplap 80 4.50 360.00 Installed [8] 8 foot pieces of 1x8 shiplap 64 4.50 288.00 Discount -1,300.00 -1,300.00

Thank you for your payment! Total $13,928.00

Payments/Credits -$12,225.00

Balance Due $1,703.00 LeakStoppers LLC Invoice 4444 N Rockcliff Rd. Date Invoice # Tucson, AZ 85750 www.leakstoppersroofing.com 6/14/2022 010918 [email redacted] (520) 447-5821

Bill To Ed Leonard 2564 N Treat Ave. Tucson, AZ 85716

Payments/Credits -$13,628.00

Balance Due $0.00 Ed Leonard <[email redacted]>

Paid Roofing Invoice for 2564 N Treat Ave. message

[email redacted] <[email redacted]> Thu, Aug 11, 2022 at 9:38 AM To: [email redacted]

LeakStoppers LLC

Invoice 010918 Due:05/03/2022 Amount Due: $0.00 Hello Ed, Attached is your invoice #010918. We agree to waive the remaining balance. Your warranty certificate will be emailed when we finalize closing your account. Thank you for your loyalty with LeakStopper's LLC. Have a good day.

Best Regards,

Rebecca Fenn SEO - Senior Executive Officer LeakStopper's LLC Office: (520) 447-5821 www.LeakStoppersRoofing.com

Inv_010918_from_LeakStoppers_LLC_8160.pdf 1251K REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Alane Moore, Case No. 2023-08019 COMPLAINANT,

New Generation Building LLC, ORDER DENYING REQUEST TO License No. ROC 324115, DISMISS

RESPONDENT.

BACKGROUND On August 16, 2023, the Registrar issued a Written Directive noting several compliance items that needed to be corrected, and directing Respondent to come into compliance by September 1, 2023. The Registrar’s investigator conducted a Compliance Jobsite Inspection and found that Respondent did not come into compliance with several compliance items. Subsequently, on October 4, 2023, the Registrar issued a Citation against Respondent’s License No. 324115, charging Respondent with violations of A.R.S. §§ 32-1154(A)(3), more specifically R4-9-108(a), and (A)(22). On October 18, 2023, Respondent filed an Answer. The Answer included a request to dismiss the complaint. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course.

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 Dated October 31, 2023. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractor Copy mailed via USPS First Class Mail October 31, 2023 to:

Respondent New Generation Building LLC PO Box 122 Eagar, AZ 85925 Respondent’s Attorney Eduardo H. Coronado, Esq. Coronado Law Firm PLLC 4700 W White Mountain Blvd Ste A Lakeside, AZ 85929

Complainant Alane Moore 413 W 4th Ave Eagar, AZ 85925

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-08019 / KR

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 Received 11/15/2023 ROC Legal

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

Date: November 15, 2023

Subject: “Written Answer to Citation and Complaint” Case No. 2023-09201 Customer: Richard (Ed) Leonard Address: 2564 N Treat Ave. Tucson, AZ 85716

To Whom it May Concern: My firm re-roofed and completed Mr. Leonard's roof project on June 14, 2023; he was given a $1,600.00 discount to appease him during the time of the original project. My firm was unaware of any issues prior to Mr. Leonard's initial complaint. He did not contact us to request a service order. 1 1/2 years later he filed this complaint against my firm and we have been 100% cooperative and willing to rectify the damages.

On the scheduled day of repairs, my firms representative and Mr. Leonard's representative did not understand what Mr. Leonard was asking to be done due to the way the ROC Directive is worded in regards to this detail.

My firm requested a settlement agreement that Mr. Leonard refused and he is now refusing us access to the roof to fix the remaining item after multiple attempts informing him we are happy to oblige at any time suited for him.

Given the circumstances above, I would appreciate mediation to rectify the situation. Thank you for your help with this matter.

Sincerely, Todd Evans

Todd Evans, CEO LeakStopper's LLC Mobile: (520) 982-8660 Office: (520) 447-5821 Email: [email redacted] Website: www.LeakStoppersRoofing.com Received 11/16/23, 8:06 AM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2023-09201 11/15/2023 ROC Legal

Answers - AZROC <[email redacted]>

“Written Answer to Citation and Complaint” Case No. 2023-09201 message

LeakStopper's LLC <[email redacted]> Wed, Nov 15, 2023 at 5:00 PM To: [email redacted]

Please see attached.

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

attachments Written Answer to Citation and Complaint” Case No. 2023-09201.pdf 211K Written Answer to Citation and Complaint” Case No. 2023-09201.pdf 211K

https://mail.google.com/mail/b/AEoRXRTDSSFxhMjtqiw8DWz_zs4n7b30bNbRM88XiXknHRZytV30/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 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