2023A-09435-CHC-ROC Notice of Hearing and Packet MAILED
2023A-09435-CHC-ROC · Registrar of Contractors · 2023-12-04
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Ralph Onate , Case No. 2023-09435 COMPLAINANT, Docket No. 2023A-09435-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE All Star General Contractors LLC License No. ROC 332937,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: January 16, 2024 9:00 AM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative
law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be
prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised
Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.
PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the
complaint and citation, which were served on the Respondent on November 2, 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 4, 2023.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail December 4, 2023 to:
Respondent(s) All Star General Contractors LLC 9663 S Corte Cadiz Vail, AZ 85641 Richard R Luff Esq 3365 N Howard Blvd Tucson, AZ 85716
Complainant(s) Ralph Onate 419 e 7th st safford, AZ 85546
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. 2023-09435 /
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: Ralph Onate 419 e 7th st safford, AZ 85546
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: All Star General Contractors LLC DBA: 9663 S Corte Cadiz Vail, AZ 85641
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 16, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-09435
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for September 26, 2023 at 11:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812
CC: Choose an item. Choose an item. Choose an item. Choose an item.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
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.
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.: 2023-09435 Investigator: Mike Springer Inspection Date: September 26, 2023 Inspection Time: 11:00 AM
Complainant: Ralph Onate Respondent: All Star General Not Present: Contractors LLC 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 - Exterior House Work -Repair xracks in the stucco -Power wash the outside of the house -Paint (walls and trim and door None of this was completed; Investigator’s Observation: Respondent has not started any of this work. 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 - Interior House Work -Walls (patched and tape and texztured) -Paint -All doors to be replace and painted -3 doors were purchased
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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None of this was completed Investigator’s Observation: This work was completed by others. Governing Rule: N/A
Complaint Item: 3 - Roof Work -Roof support system -Repair and replace wood on roof -Seal/eliminate roof penetrations -Supply and install roof insulation only the roof support system was installed None of rest was completed; Investigator’s Observation: Only the roof structural work was completed. Respondent states additional issues were discovered regarding parapet leaks. No reroof or coating installed. 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 - Plumbing -1/4 turen shut off valves -plumbing fixtures for complete installation the old lines are out and new lines installed but was not completed with valve and fixtures None of the rest was completed; Investigator’s Observation: These items are not complete. 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 - -eliminate old water lines
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
-install water line from meter to house and through house Investigator’s Observation: These items completed at time of JSI. Governing Rule: N/A
Complaint Item: 6 - -all flooring to be removed and replaced -Repair all cracks in the floor -Level the flooring None of this was completed; Investigator’s Observation: Completed at time of JSI by others. Governing Rule: N/A
Complaint Item: 7 - Base Boiards -=supply and install None of this was completed Investigator’s Observation: Completed at time of JSI by others. Governing Rule: N/A
Complaint Item: 8 - Cabinets -remove and replave with new upper and lower cabinets None of this was completed Investigator’s Observation: These items are not complete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 9 - Closets Remove and replace with all new hardware. Investigator’s Observation: These items are not complete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 10 - Front entry room 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
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-finish the room with shelves and coat hangers bar style door from entry to living toom None of this was completed Investigator’s Observation: These items are not complete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 11 - Bathrooms -bath tub and shower to be removed and replaced Investigator’s Observation: Both bathrooms have been started but not finished. Tile and fixtures incomplete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 12 - all tile shower to be removed and replaced None of this was completed Investigator’s Observation: Tile is complete but fixtures missing. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 13 - Counter tops -reinstalled None of this was completed Investigator’s Observation: Existing countertops are to be reused, however new cabinets have not been installed. 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: 14 - Electrical fixtures and outlets all to be supplied and installed None of this was completed; Investigator’s Observation: These items are not complete. 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: 15 - Front door cement work None of this was completed Investigator’s Observation: No work done. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 16 - Garage door -remove and replacve None of this was completed Investigator’s Observation: No work done. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complainant: Ralph Onate 419 e 7th st safford, AZ 85546
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: All Star General Contractors LLC 9663 S Corte Cadiz Vail, AZ 85641
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 27, 2023
License No. ROC 332937
Re:Complaint No. 2023-09435
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 30th, 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 - Exterior House Work -Repair xracks in the stucco -Power wash the outside of the house -Paint (walls and trim and door None of this was completed; Investigator’s Observation: Respondent has not started any of this work.
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 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 - Roof Work -Roof support system -Repair and replace wood on roof -Seal/eliminate roof penetrations -Supply and install roof insulation only the roof support system was installed None of rest was completed; Investigator’s Observation: Only the roof structural work was completed. Respondent states additional issues were discovered regarding parapet leaks. No reroof or coating installed. 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 - Plumbing -1/4 turen shut off valves -plumbing fixtures for complete installation the old lines are out and new lines installed but was not completed with valve and fixtures None of the rest was completed; Investigator’s Observation: These items are not complete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 8 - Cabinets
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 -remove and replave with new upper and lower cabinets None of this was completed Investigator’s Observation: These items are not complete. 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: 9 - Closets Remove and replace with all new hardware. Investigator’s Observation: These items are not complete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 10 - Front entry room -finish the room with shelves and coat hangers bar style door from entry to living toom None of this was completed Investigator’s Observation: These items are not complete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - Bathrooms -bath tub and shower to be removed and replaced Investigator’s Observation: Both bathrooms have been started but not finished. Tile and fixtures incomplete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 12 - all tile shower to be removed and replaced None of this was completed Investigator’s Observation: Tile is complete but fixtures missing. 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: 13 - Counter tops -reinstalled None of this was completed Investigator’s Observation: Existing countertops are to be reused, however new cabinets have not been installed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 14 - Electrical fixtures and outlets all to be supplied and installed None of this was completed; Investigator’s Observation: These items are not complete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 15 - Front door cement work None of this was completed Investigator’s Observation: No work done. 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: 16 - Garage door -remove and replacve None of this was completed Investigator’s Observation: No work done. 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: 2 - Interior House Work -Walls (patched and tape and texztured) -Paint -All doors to be replace and painted -3 doors were purchased None of this was completed Investigator’s Observation: This work was completed by others. Governing Rule: N/A
Compliance Item: 5 - -eliminate old water lines -install water line from meter to house and through house Investigator’s Observation: These items completed at time of JSI. Governing Rule: N/A
Compliance Item: 6 - -all flooring to be removed and replaced -Repair all cracks in the floor -Level the flooring
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 None of this was completed; Investigator’s Observation: Completed at time of JSI by others. Governing Rule: N/A
Compliance Item: 7 - Base Boiards -=supply and install None of this was completed Investigator’s Observation: Completed at time of JSI by others. 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):
All Star General Contractors LLC
9663 S Corte Cadiz Vail, AZ 85641
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: Richard Luff ,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Ralph Onate, Case No. 2023-09435 COMPLAINANT, v. All Star General Contractors LLC CITATION License No. ROC 332937, RESPONDENT.
The Registrar issues this Citation to All Star General Contractors LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 17, 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 15, 2023, Ralph Onate (“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. Charge :2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 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 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. 2023-09435. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:
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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 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 November 17, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated November 2, 2023. By: /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, November 2, 2023 to: Respondent Certified Mail No: [number redacted] All Star General Contractors LLC 9663 S Corte Cadiz Vail, AZ 85641
Copy mailed by USPS First Class mail this same date to: Respondent All Star General Contractors LLC 9663 S Corte Cadiz Vail, AZ 85641 Complainant Ralph Onate 419 E 7th St Safford, AZ 85546 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. 2023-09435 / SA
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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 Mediation Notice
Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation. The Office of Administrative Hearings is located at 1740 W Adams St., Lower Level, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Has any work been corrected? No
The contract was Written All change orders were Oral This project was Residential This project involved Remodel
A building permit was obtained by N/A List and briefly descr be 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)
Exterior House Work -Repair xracks in the stucco -Power wash the outside of the house -Paint (walls and trim and door None of this was completed; Interior House Work -Walls (patched and tape and texztured) -Paint -All doors to be replace and painted -3 doors were purchased None of this was completed ; Roof Work -Roof support system -Repair and replace wood on roof -Seal/eliminate roof penetrations -Supply and install roof insulation only the roof support system was installed None of rest was completed; Plumbing -eliminate old water lines -install water line from meter to house and through house -1/4 turen shut off valves -plumbing fixtures for complete installation the old lines are out and new lines installed but was not completed with valve and fixtures None of the rest was completed; Flooring -all flooring to be removed and replaced -Repair all cracks in the floor -Level the flooring None of this was completed; Base Boiards -=supply and install None of this was completed; Cabinets -remove and replave with new upper and lower cabinets None of this was completed ; Closets Remove and replace with all new hardware. ; Front entry room -finish the room with shelves and coat hangers bar style door from entry to living toom None of this was completed ; Bathrooms -bath tub and shower to be removed and replaced
RCC099 12/05/18 Page 2 of 3 ESTIMATE Service Address Bill To 419 E. 7th street Ralph Onate Safford, Arizona 21017 N.E. Risto Rd 85546 Battle Ground, Washington 98604 (360) 924-1910
Acme Co. Email: [email redacted] Estimate # [number redacted] Date 05/18/2022 PO # 20220518-1
Description
Upgrades Repaint exterior to color match existing. Includes any texture repairs needed plus re-caulking and resealing all windows and door trims or any other openings. front door to be painted red with red trim. Skim coat all interior walls. Treat and mediate any mildew on wall board. And minor wood replacement. Re-texture all walls with new modern skip trowel texture. Primer and seal all new texture. Paint all walls with customer approved paint and colors. Remove and replace all baseboard with customer approved baseboard and paint color. Remove and re- install one customer approved exterior style door with window. Remove all kitchen cabinets. Save counter tops for reinstall.supply and install customer approved cabinets with approved color. Supply and install all customer approved plumbing fixtures in kitchen and bathrooms. Remove existing tubs and showers in bathroom and install customer approved fixtures to includes new tile surround approved by customer. Supply and install all new plumbing valves at all fixtures. With new plumbing supply lines. Supply and install customer approved flooring at entry way,bathrooms, and bedrooms. New lighting fixtures and or fans where needed to match new style upgrades. New electrical wall plates and receptacles including switches where needed to match new style upgrades. Check and reseal all roof penetrations. Re-coat entire roof with white cool roof coating. Raise one beam in living area to make ceiling height consistent through living area. If this can not be done. A credit of 3800.00 will be applied to payments.
Subtotal $56,000.00 Total $56,000.00 Deposit Due $33,600.00
Payment Schedule Deposit (60%) $33,600.00 2nd payment (25%) $14,000.00
3rd payment (15%) $8,400.00
By signing this document, the customer agrees to the services and conditions outlined in this document.
Signed on: 05/18/2022 Signed on: 05/19/2022 Jebadiah Sandoval Ralph Onate
INVOICE Service Address Bill To
419 E. 7th St Ralph Onate Safford , Az 85546 21017 NE Risto Rd Battle Ground, Wa 98604 (360) 924-1910
Allstar General Contractors LLC Payment terms Due upon receipt Invoice # [number redacted]-1 P.O. Box # 268 Vail, Az 85641 Date 08/05/2022 Phone: (520) 809-4185 Business / Tax # Email: [email redacted]
Description
Whole house upgrade and repairs. Fix all cracks on exterior walls. Power wash and ready surface for new paint. Exterior walls to be painted white and all pop-outs and trim to be painted a light grey to be approved by home owner. All walls on interior to be patched ,textured by hand light skip trowel texture. All interior walls to be painted a light grey eggshell and to be approved by home owner. All ceilings to be painted ultra white eggshell. All doors, door trim,and baseboards to be painted ultra white semi-gloss. All interior doors and frames to be replaced. Exterior door and frame in master bedroom to be replaced. Door and frame leading to garage from kitchen to be replaced. Door and frame from garage to outside to be replaced. Double door and frame from dining to outside to be replaced. Front door to be painted by home owner approved color. Entire roof support system in living room, kitchen and dining room to be upgraded with new support headers, larger bottom truss spans, new hangers and brackets on all connections. Temporary supports to be installed prior to support system upgrade. Roof repair and wood replacement on roof where area is Falling in. All roof penetrations to be properly sealed and/or eliminated properly. All domestic water lines hot and cold to be eliminated and replaced with pex and copper. New water line from meter to house with ball valve style shut offs. New 1/4 turn shut off valves at all plumbing fixtures. New washer box and valves at laundry room. New plumbing fixtures to be supplied and installed by contractor. All flooring throughout home to be replaced with homeowner approved flooring. All major cracking in foundation to be properly stitched to prevent further damage. All floors in all rooms to be leveled properly for new flooring. Supply and install customer approved baseboard. Supply and install new roof insulation in kitchen, dining room and living room. Supply and install all new upper and lower cabinets in kitchen. Remove existing closets in rooms and rebuild. Make entry room at front door a mud room with shelves for shoes and coats to be hung. Door to living room from entry mud room to be bar style door that swings inward and outward. Bathtubs and existing showers to be removed and replaced with new. Tile surrounds to be approved by owner. Existing counter top in kitchen to be reinstalled. New electrical fixtures where needed to be approved by owner and installed by contractor. Outside walkway to front door to be added too in order to accommodate the full width of the front door opening. Ceiling in living room ,kitchen and
dining room to be same elevation.
Garage door repair allowance This allowance is to repair garage and pricing is unknown. price can be lowered or added too once diagnosis on repairs needed is confirmed.
Subtotal $94,314.00
Total $94,314.00
Payment Summary
05/20/2022 - Bank Transfer $33,600.00 08/08/2022 - Bank Transfer $18,957.00 12/13/2022 - Bank Transfer $18,957.00
Paid Total $71,514.00
Remaining Amount $22,800.00
By signing this document, the customer agrees to the services and conditions outlined in this document.
Signed on: 01/15/2023 Ralph Onate Jebadiah Sandoval
Jobsite Inspection Notes
Case No.: 2023-09435 Investigator: Mike Springer Inspection Date: September 26, 2023 Inspection Time: 11:00 AM
Complainant: Ralph Onate Respondent: All Star General Not Present: Contractors LLC 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 - Exterior House Work -Repair xracks in the stucco -Power wash the outside of the house -Paint (walls and trim and door None of this was completed; Investigator’s Observation: Respondent has not started any of this work. 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 - Interior House Work -Walls (patched and tape and texztured) -Paint -All doors to be replace and painted -3 doors were purchased
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
None of this was completed Investigator’s Observation: This work was completed by others. Governing Rule: N/A
Complaint Item: 3 - Roof Work -Roof support system -Repair and replace wood on roof -Seal/eliminate roof penetrations -Supply and install roof insulation only the roof support system was installed None of rest was completed; Investigator’s Observation: Only the roof structural work was completed. Respondent states additional issues were discovered regarding parapet leaks. No reroof or coating installed. 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 - Plumbing -1/4 turen shut off valves -plumbing fixtures for complete installation the old lines are out and new lines installed but was not completed with valve and fixtures None of the rest was completed; Investigator’s Observation: These items are not complete. 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 - -eliminate old water lines
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
-install water line from meter to house and through house Investigator’s Observation: These items completed at time of JSI. Governing Rule: N/A
Complaint Item: 6 - -all flooring to be removed and replaced -Repair all cracks in the floor -Level the flooring None of this was completed; Investigator’s Observation: Completed at time of JSI by others. Governing Rule: N/A
Complaint Item: 7 - Base Boiards -=supply and install None of this was completed Investigator’s Observation: Completed at time of JSI by others. Governing Rule: N/A
Complaint Item: 8 - Cabinets -remove and replave with new upper and lower cabinets None of this was completed Investigator’s Observation: These items are not complete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 9 - Closets Remove and replace with all new hardware. Investigator’s Observation: These items are not complete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 10 - Front entry room 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
-finish the room with shelves and coat hangers bar style door from entry to living toom None of this was completed Investigator’s Observation: These items are not complete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 11 - Bathrooms -bath tub and shower to be removed and replaced Investigator’s Observation: Both bathrooms have been started but not finished. Tile and fixtures incomplete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 12 - all tile shower to be removed and replaced None of this was completed Investigator’s Observation: Tile is complete but fixtures missing. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 13 - Counter tops -reinstalled None of this was completed Investigator’s Observation: Existing countertops are to be reused, however new cabinets have not been installed. 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: 14 - Electrical fixtures and outlets all to be supplied and installed None of this was completed; Investigator’s Observation: These items are not complete. 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: 15 - Front door cement work None of this was completed Investigator’s Observation: No work done. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 16 - Garage door -remove and replacve None of this was completed Investigator’s Observation: No work done. 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 # 2023- 09435 P 1 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 2 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 3 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 4 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 5 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 6 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 7 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 8 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 9 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 10 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 11 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 12 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 13 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 14 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 15 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 16 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 17 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 18 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 19 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 20 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complainant: Ralph Onate 419 e 7th st safford, AZ 85546
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: All Star General Contractors LLC 9663 S Corte Cadiz Vail, AZ 85641
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 27, 2023
License No. ROC 332937
Re:Complaint No. 2023-09435
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 30th, 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 - Exterior House Work -Repair xracks in the stucco -Power wash the outside of the house -Paint (walls and trim and door None of this was completed; Investigator’s Observation: Respondent has not started any of this work.
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 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 - Roof Work -Roof support system -Repair and replace wood on roof -Seal/eliminate roof penetrations -Supply and install roof insulation only the roof support system was installed None of rest was completed; Investigator’s Observation: Only the roof structural work was completed. Respondent states additional issues were discovered regarding parapet leaks. No reroof or coating installed. 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 - Plumbing -1/4 turen shut off valves -plumbing fixtures for complete installation the old lines are out and new lines installed but was not completed with valve and fixtures None of the rest was completed; Investigator’s Observation: These items are not complete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 8 - Cabinets
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 -remove and replave with new upper and lower cabinets None of this was completed Investigator’s Observation: These items are not complete. 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: 9 - Closets Remove and replace with all new hardware. Investigator’s Observation: These items are not complete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 10 - Front entry room -finish the room with shelves and coat hangers bar style door from entry to living toom None of this was completed Investigator’s Observation: These items are not complete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - Bathrooms -bath tub and shower to be removed and replaced Investigator’s Observation: Both bathrooms have been started but not finished. Tile and fixtures incomplete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 12 - all tile shower to be removed and replaced None of this was completed Investigator’s Observation: Tile is complete but fixtures missing. 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: 13 - Counter tops -reinstalled None of this was completed Investigator’s Observation: Existing countertops are to be reused, however new cabinets have not been installed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 14 - Electrical fixtures and outlets all to be supplied and installed None of this was completed; Investigator’s Observation: These items are not complete. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 15 - Front door cement work None of this was completed Investigator’s Observation: No work done. 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: 16 - Garage door -remove and replacve None of this was completed Investigator’s Observation: No work done. 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: 2 - Interior House Work -Walls (patched and tape and texztured) -Paint -All doors to be replace and painted -3 doors were purchased None of this was completed Investigator’s Observation: This work was completed by others. Governing Rule: N/A
Compliance Item: 5 - -eliminate old water lines -install water line from meter to house and through house Investigator’s Observation: These items completed at time of JSI. Governing Rule: N/A
Compliance Item: 6 - -all flooring to be removed and replaced -Repair all cracks in the floor -Level the flooring
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 None of this was completed; Investigator’s Observation: Completed at time of JSI by others. Governing Rule: N/A
Compliance Item: 7 - Base Boiards -=supply and install None of this was completed Investigator’s Observation: Completed at time of JSI by others. 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):
All Star General Contractors LLC
9663 S Corte Cadiz Vail, AZ 85641
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: Richard Luff ,
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: All Star General Contractors LLC DBA: 9663 S Corte Cadiz Vail, AZ 85641
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013f 04/21 August 16, 2023
WARNING LETTER
Re: Complaint No. 2023-09435; License No. ROC 332937
Dear Respondent:
It appears that you may have violated A.R.S. § 32-1158(A). Under that statute, any contract for more than $1,000.00 between a contractor and a property owner must contain nine specific elements. Your contract is missing at least one of the required elements. For your reference, a copy of A.R.S. § 32-1158(A) is included here:
A.R.S. § 32-1158. Minimum elements of a contract A. Any contract in an amount of more than one thousand dollars entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information. 1. The name of the contractor and the contractor's business address and license number. 2. The name and mailing address of the owner and the jobsite address or legal description. 3. The date the parties entered into the contract. 4. The estimated date of completion of all work to be performed under the contract. 5. A description of the work to be performed under the contract. 6. The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7. The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8. The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9. That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. The contract shall contain the registrar’s telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection A. The information in 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013f 04/21 this paragraph must be prominently displayed in the contract in ten point bold type, and the contract shall be signed by the property owner and the contractor or the contractor’s designated representative. This paragraph does not apply to a person who is subject to and complies with section 12-1365.
A failure to comply with A.R.S. § 32-1158(A) violates § 32-1154(A)(12), and that violation can constitute grounds to suspend or revoke your license. You need to review A.R.S. § 32- 1158(A) and make sure you are complying with its requirements.
The Registrar does not presently intend to pursue disciplinary action for the alleged violations. However, this warning letter does not preclude the Registrar from electing to pursue action against your license for these violations in the future.
Sincerely,
Mike Springer Mike Springer, Investigator #192 520 5089735 [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 C013f 04/21 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 Received 11/17/2023 ROC Legal
Law Firm of Richard Luff, LLC. Richard R. Luff, Esq. 3365 N. Howard, Tucson, Arizona 85716 (520) 477-9117 voice (520) 445-8008 fax State Bar No. 22931; PCC #65839 [email redacted]
Attorney for Interested Party
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Ralph Onate, ) Case No.: 2023-09435 COMPLAINANT, ) ) ) NOTICE OF APPEARANCE, MOTION TO v. ) INTERVENE, AND INTERESTED ) PARTY’S RESPONSE TO COMPLAINT ) All Star General Contractors ) LLC ) License No. ROC 332937, ) Assigned to ) ) RESPONDENT. ) The Law Firm of Richard Luff, LLC and Richard Luff, Esq. hereby give its
Notice of Appearance in the above matter on behalf of Allen Schwartzberg, the
Interested Party. Allen Schwartzberg is a licensed contractor in the state of Arizona and was formerly the Qualifying Party of the Respondent, All Star General Contractors LLC, hereinafter “All Star”. Further, Mr. Schwartzberg
moves to be recognized as an Interested Party in this action, and provides his
Response to the Complaint and not on behalf of All Star as follows:
-- 1 Received 11/17/2023 ROC Legal
The Parties:
1. All Star General Contractors LLC is an Arizona LLC owned and operated by Denisse B. Hernandez (hereinafter, “Hernandez”.) 2. Allen Schwartzberg is a licensed contractor in the state of Arizona and was
formerly the Qualifying Party of the Respondent, All Star General Contractors
LLC. He was also the founder and former owner of All Star. 3. Jebadiah Sandoval is a former independent contractor of Allen Schwartzberg through All Star. He is not a licensed contractor. It is believed that he is the
spouse, life partner, or/and business partner of Hernandez, and that they
cohabitate together in Pima County, Arizona. Statement of Facts: 4. In 2021 Mr. Schwartzberg formed All Star. He was sole Member upon
formation. 5. On April 8, 2021 Mr. Schwartzberg qualified All Star under the license of ROC # 332937.
6. In mid-August of 2022 Mr. Schwartzberg was approached by Hernandez and
Sandoval if he would be willing to sell All Star to Hernandez and that they would be willing to take over operations. Hernandez expressed that she was going to become licensed as a contractor and would qualify All Star and that
Sandoval would be doing the contractor work. On August 24, 2022 an
Agreement was signed transferring All Star to Hernandez (the “Sale”).
-- 2 Received 11/17/2023 ROC Legal
(Refer to Exhibit A.) Shortly thereafter Mr. Schwartzberg notified the ROC
that he was dissociated with All Star and was no longer the Qualifying Party. 7. Before the Sale Mr. Schwartzberg was completely unaware of the work Sandoval obligated himself to perform at issue in the Complaint. (Refer to the
Complaint, page 10.) Said work was not authorized by All Star or by Mr.
Schwartzberg. The “Estimate” dated May 18, 2022 states, “Acme Co.” which is unknown to the Interested Party and is using the personal email of Sandoval. It is also signed by Jebadiah Sandoval, not by Mr. Schwartzberg.
8. Also, before the Sale, on August 05, 2022, there is a counterfeit invoice with
the heading of “Allstar General Contractors LLC” describing a scope of work that is of issue in the Complaint. This is not an invoice sent by All Star, or by Mr. Schwartzberg. Again, Mr. Schwartzberg was completely unaware of this
job and did not authorize it. Moreover, the 08/05/2022 invoice states that there were three (3) bank transfers in the amount totaling $71,514 (the “Bank Transfers”). None of the transfers were authorized by or went to All Star or to
Mr. Schwartzberg. (Refer to the Complaint, page 13.)
9. Referring to the Complaint, page 17, it appears that the Bank Transfers went directly to Sandoval.
-- 3 Received 11/17/2023 ROC Legal
Argument: 10. Mr. Schwartzberg was completely unaware of the dealings of Hernandez and Sandoval in connection with this case. Neither All Star nor Mr.
Schwartzberg bid upon, supervised, or approved the work at issue in this
Complaint before the Sale or after the Sale. He Denies all allegations as to him, the Interested Party in this Complaint. 11. Since Sandoval (nor Hernandez) was not a member of All Star prior to the
Sale and was never an agent authorized to sign on behalf of Mr.
Schwartzberg, he acted upon his own accord, without authorization, and apparently contracted to do the work at issue in the Complaint as an unlicensed contractor, in apparent violation with ARS Title 32, Chapter 10. In
reviewing the Complaint and records from All Star when owned by Mr. Schwartzberg there is no record of any Bank Transfers to All Star or Schwartzberg in connection to this Complaint.
12. It is further discovered that Sandoval and/or Hernandez have also
apparently engaged in further unauthorized activity as a check was misdirected to Mr. Schwartzberg’s post office box. (Refer to Exhibit B.) Said check was returned to the sender uncashed. Upon examination, it appears
that All Star under the control of Hernandez continues to engage in
-- 4 Received 11/17/2023 ROC Legal
contracting without a license as the check is dated 09/06/2023 well after the
Interested Party sold All Star and disassociated from the same.
Conclusion: 13. It is quite apparent that the Complainant and the Interested Party are both victims of fraud . Mr. Schwartzberg will fully cooperate with the ROC and law
enforcement to help resolve this case. RESPECTFULLY submitted this 17th day of November, 2023.
II
Richard R. Luff, A torney for Interested Party, Allen Schwa
Filed at the ROC this 17th day of November, 2023 via Fax: (602) 364-0416 and email Email: [email redacted]
Copy emailed this 17th day of November. 2023 to Mike Springer, Investigator #192 520-508-9735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
Received 11/17/2023 ROC Legal
Exhibit A
-- 1 Received 11/17/2023 ROC Legal
ALLSTAR GENERAL CONTRACTORS LLC ·LLC MEMBERSHIP SALE/PURCHASE AGREEMENT
THIS LLC MEMBERSHIP SALE/PURCHASE AGREEMENT (the "Agreement") is made and entered into this , 6 day of 2 4 , 2022, to be · effective as of 6-ZL/· 2.2 , 2022 (the "Effective Date"), by and between Denisse B. Hernandez (hereinafter the "Hernandez") and Allen Schwartzberg (hereinafter "Schwartzberg"). · Hernandez may sometimes hereinafter be referred as to the "Purchaser'', and Schwartzberg may sometimes hereinafter be referred to as the "Seller." Collectively, Schwartzberg and Hernandez are referred to as "Parties." ALL STAR GENERAL CONTRACTORS LLC may be referred hereinafter as "All Star" or "Company".
. WITNESSETH
WHEREAS, Hernandez is interested in purchasing All Star and building it up into a general contracting company. Currently Hernandez is not a licensed contractor, but wishes to become one.
WHEREAS, Schwartzberg owns one-hundred percent (100%) of the Membership Interest of the All Star. All Star is licensed as a general contractor through Schwartzberg .who is a licensed contractor in the State of Arizona. Schwartzberg has many. years ·of experience· in the contracting industty. . .
WHEREAS, under Arizona law a contracting LLC must be· licensed by and through a licensed contractor. All Star is currently a licensed contractor by Schwartzberg.
WHEREAS, Schwartzberg wishes to transfer his ownership· in All Star to Hernap.dez in various terms and conditions as outlined in this Agreement.
WHEREAS, Schwartzberg has been operating in the plumbing industry under the trade name of Vail Plumbing. He is the owner of the trade name; and said Trade Name is · not included .in this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises contlrined herein, and other good and valuable consideration, the receipt and sufficiency . of whic)l are hereby acknowledged, it is agreed . by and. am.oug the Parties hereto as fo:U,ows: ·
Page 1 of7 Received 11/17/2023 ROC Legal
1. Incomoration by Reference. The parties hereby incorporate the foregoing recitals into this Agreement as though fully set forth herein, agreeing that such recitals are material, true and correct. The Effective Date of this Agreement shall be . £-2 :1 '2022 . 2. Sale and Purchase of Membership Interest (Phase 1): Subject to the terms and conditions hereinafter set forth, Schwartzberg agrees to sell to Hernandez, and Hernandez agrees to purchase from Schwartzberg, its entire Membership Interest in and to the Company (All Star), including all rights and benefits relating thereto, which all parties hereto agree is a 100% Membership Interest in and to the Company, for the sum of Thousand and no/100 Dollars($ j, L:OQ .00) (the "Purchase Price"). The Purchase Price has been agreed to by arm's•length negotiation, and both Schwartzberg and Hernandez agree that it is acceptable, fair and satisfactory to them. The Purchase Price shall be paid by Hernandez toBchwartzberg over time in the amount of ZCO , u::> per month until paid in full. So long as the minimum monthly payments · stated above are paid by the first of each month, then no interest will accrue. However, if said monthly payments are ever twenty-days (20) or more late then. interest will accrue in the amoUl:lt often-percent (10%) per ann'lim on the full balance due. Should Hernandez become late in making said monthly payments for ninety-days (90) or more Schwartzberg may Terminate this Agreement upon written notice.
3. Contractor Management: The Parties agree that Schwartzberg will no longer license the Company as a licensed AZ contractor upon the sale :md transfer .of the . Company to Hernandez. Under Arizona law the Company has one-hundred and twenty (120) days to fmd another licensed AZ contractor to qualify All Star ("Interim Period"). During this Interim Period All Star may continue to operate as a licensed LLC so long as another contractor substitutes in before the Interim Period expires.
4. Duties of the Parties: So long as the terms and conditions of the Sale and Purchase of Membership Interest are upheld and the first payment is made described in paragraph-2. above, then: . . . a. Schwartzberg will transfer one-hundred percent ( 100%) ownership over to Hernandez by filing the transfer with the Arizona Corporation Commission. b. Hernandez will manage the operations of the Company and be responsible for any funding necessary to keep the Company in good standing fmancially. This includes, but is not limited to: i. Truck payments and insurance payments for the truck currently assigned to Jedidiah Sandoval; ii. Phone and business insurance; and m. Proration of rent - c .. Hernandez will acquire training, prepare for, and take an Arizona · Contractor Licensing exam fmally culminating in her obtaining a license as a contractor in the 'State of Arizona. Should Hernandez not obtain a
Page 2 of7 Received 11/17/2023 ROC Legal
contractor license or desire not to fulfill the role herself, she may obtain another to substitute in place of Schwartzberg and qualify the Company as an Arizona licensed contractor. Said Substitution must occut before the Interim Period expires.
5. R.!mresentations Re: Comaany. Schwartzberg represents, warrants and covenants unto the Company, and unto Hernandez as the Company's remaining Member, that the Membership Interest to be so transferred hereunder is free and clear of all liens, claims, rights, charges, encumbrances and security interests, of whatever kind and nature, with the exception of the disclosed workman's, compensation audit and the $4,000 US · Bank loan. The parties hereto agree to undertake all further actions, if any, reasonably required in order to vest in and surrender to Hernandez the Membership Interest so purchased, and agree that such transfer shall be completed upon the terms and conditions of this Agreement. . 6. Substitution of Members: Within ten (10) days of the first payment described in paragraph 2 above, Schwartzberg will file transfer documents with the Arizona Corporation Commission.
7. - Confidentialitv. The terms and provisions of this Agreement shall be treated as confidential and shall not be disclosed to any third pl;ll'ties without the prior written consent and approval of all Parties hereto.
8. R.!mresentation by Counsel. This Agreement has been prepared by the Law Firm of Richard Luff, LLC, acting solely as attorneys for Schwartzberg, an.d not as attorneys for either the Company or Hernandez. The Company and Hernandez are encouraged to, and are and have been free to, consult with and/or be advised by independent counsel and/or other independent advisors of their choice with respect to the transaction contemplated hereby. All Parties hereto, by their signatures hereon, agree .that the provisions of this Agreement are of their choice, and that no provision of this Agreement shall be construed against a party or in favor of another party simply because of its preparation by counsel for the Schwartzberg. By their signatures below, the parties acknowledge and confirm their receipt of such advice, whether legal, accounting, tax planning or otherwise, as they deem necessary from their separate and independent advisors prior to their entry into and execution of this Agreement.
9. Security Interest: The Parties agree that any owed balances on the Purchase Price and/or CM Fees to SchwartzberKobligate the Company as well as Hernandez to the repayment thereof under the same terms and conditions stipulated in this Agreement.
10. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and shall not be modified or amended except by a writing signed by all of the parties.
Page 3 of7 Received 11/17/2023 ROC Legal
11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, and venue for any action in connection herewith shall be in Pima County, Arizona.
12. Other Acts. Each ofthe Parties agree to do such further acts and to execute, acknowle~ge and deliver .all additional documents, instruments, writings and items as may be necessary, required, proper, desirable or appropriate for the purpose of con:firm.iu.g, consummation of and/or performing all duties and obligations hereunder.
13. Attorneys' Fees. In the event of the commencement of any litigation relating to. the terms and provisions of this Agreement or the subject matter hereof, the prevailing party to such dispute shall be entitled to be awarded reasonable attorneys' fees, expenses and court costs, if any, from the non-prevailing party in relation thereto.
14. Construction. Unless the context clearly dictates otherwise, reference to the · singular shall include the plural, and vice versa, and reference to any one gender shall . include reference to all genders. No oral representations of the parties contrary to the express terms hereof shall be effective, it being the express intention of the Parties to memorialize their entire agreement as set forth herein. ·
15. Binding Effect. This Agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors, representatives and permitted assigns of the parties.'
16.'~ No Implied Waiver. Any waiver of 11 right or power accruing hereunder shall in writing and shall be signed by the party or parties entitled to exercise such be right or power. No delay or omission to exercise any right or power in connection with this Agreement shall impair any such right or power or be construed to be a waiver thereof, but lillY such right or power may be exercised.from time to time and as often as may be deemed expedient or necessary by the party doing so.
17. Countemarts. This Agreement may be executed in any number of counterparts by the parties, and by the transmission of facsimile signatures, and all · counterparts so executed by the parties shall constitute one and the same agreement, and it shall not be necessary for all such parties to execute the same counterpart hereof, provided that all original signature pages are provided to the Company.
18. Severability. The provisions of this Agreement are severable and independent of each other. In the event that any provision hereof is held to be invalid or unenforceable, such invalidity or uneuforceability shall not affect the validity or enforceability of the remaining provisions of this Agre.ement, which shall continue to be and remain in full force and effect. '- Page 4 of7 Received 11/17/2023 ROC Legal
19. Headings. The paragraph headings contained herein are inserted for convenience of reference only, and shall not control or affect the meaning or construction of any .of the provisions hereof.
IN WITNESS WHEREOF, the Parties have caused this LLC MEMBERSHIP SALE/PURCHASE AGREEMENT to be executed as of the date set forth below the respective signature, but in any event to be effective as of the Effective Date.
g, an individual andez.an individual
Dated: _..:::,8::...-..:::::Z::...t,.:-}..:o-Z:::::Z=---- By: Allen Schwartzberg, as Member of All Star General Contractors, LLC
Dated: - - - - - - - - - - STATE OF ARIZONA ) ) County of Pima )
My con:utlission expires:
STATE OF ARIZONA ) ) County ofPima )
Demsse B. Hernandez. nvD, , The foregoing LLC Membership Sale!Jim:chase Agreement was subscribed and swo~to before me on this~ day of · 2022 by
PageS cf7 Received 11/17/2023 ROC Legal
My commission expires: /~- If r ~ ~'fNotary
Received 11/17/2023 ROC Legal
Exhibit B
-- 2 Received 11/17/2023 ROC Legal Received 11/17/2023 ROC Legal Received 11/20/23, 8:07 AM State of Arizona Mail - ROC Ornate v All Star 2023-09435 11/17/2023 ROC Legal
Answers - AZROC <[email redacted]>
ROC Ornate v All Star 2023-09435 message
Richard Luff <[email redacted]> Fri, Nov 17, 2023 at 2:39 PM To: [email redacted], Mike Springer <[email redacted]>
Please find the attached filing on behalf of the Interested Party, Allen Schwartzberg.
Richard Luff, Esq. Law Firm of Richard Luff, LLC 3365 N Howard Tucson AZ 85716
ROC Response-111723 w Exhibits.pdf 521K
https://mail.google.com/mail/b/AEoRXRTrIQH5T-BIHuORD45LrnyaE8-I-fuXFJJ9uJ0KzVKUBYdk/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=… 1/1 Complaint # 2023- 09435 P 1 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 2 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 3 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 4 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 5 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 6 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 7 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 8 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 9 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 10 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 11 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 12 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 13 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 14 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 15 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 16 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 17 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 18 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 19 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS Complaint # 2023- 09435 P 20 JSI address: 419 e 7th st Date: 9-26-23 JSI PHOTOS 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