2023A-09731-CHC-ROC Notice of Hearing and Packet MAILED

2023A-09731-CHC-ROC · Registrar of Contractors · 2023-11-29

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

ameeta chowdhary , Case No. 2023-09731 COMPLAINANT, Docket No. 2023A-09731-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Gregory Scott Howard DBA: Pleasant Valley Pools License No. ROC 291519,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

January 5, 2024 1:00 PM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors

to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.

All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on October 31, 2023.

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

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

Charge: 2 A.R.S. § 32-1154(A)(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 November 29, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail November 29, 2023 to:

Respondent(s) Gregory Scott Howard DBA: Pleasant Valley Pools 30848 N 126th Ave Peoria, AZ 85383 Complainant(s) ameeta chowdhary 25549 North 102nd Drive Avondale, AZ 85383

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. 2023-09731 /

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: ameeta chowdhary 25549 North 102nd Drive Avondale, AZ 85383

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: Gregory Scott Howard DBA: Pleasant Valley Pools 30848 N 126th Ave Peoria, AZ 85383

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 23, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-09731

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for September 6, 2023 at 11:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

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

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

Sincerely, Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

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

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

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

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

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

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

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

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

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

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 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

ameeta chowdhary Mailing Address (Enter jobsite in Contract/Project section) City State Zip

25549 North 102nd Drive peoria Arizona 85383 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Gregory Scott Howard ROC 291519 Street Address City State Zip

30848 N 126th Ave Peoria AZ 85383 Phone Number Email

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

Greg Howard Contract/Project Information Contract Date Contract Amount Amount Paid

July 14, 2022 $108,943.60 $100,000.00 Date Work Started Date Work Stopped Date Work Was Completed

August 5, 2023 August 20, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

25549 North 102nd Drive peoria AZ 85383 Name of Construction Site Owner Construction Site Name (if applicable)

navneet Hundal Hundal Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

Has any work been corrected? No

The contract was Written All change orders were Both This project was Residential This project involved Other

A building permit was obtained by Contractor 2203475 peoria List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Pool decking is unsteady as it had wood beam under the skimmer area. The backyard is not leveled when the travertine tile were placed as water drains from house into the pool. The property lot is set where the irrigation should flow to the side of the house and to the front. It is uneven. When confronted the contractor, he said that he will drain the water during rains as original lot irrigation is suppose to. Now we had to place a salem pump to push the ater out. The travertine tile are all uneven and many cracked and chipped tiles. Contractor asked me to place blue tape on the damaged tiles on July fourth, and it is still not fixed. I had told the subcontractor and the contractor during the tile placement that it is uneven leveling underneath and they dismissed it and stilll completed the job with poor outcomes. We have been reaching out to the contractor again and again with no response from him. He originally told us the job will be done by December 2022. Then he promised it will be done by July 4th, then July 29th. We had to finally tell him that landscape job is on hold because he needs to finish his part first, this took him two weeks to show up on one weekend to partially complete the retaining wall stackstone tiles application and stepping tiles from grass to the pool. The tiles are loose with huge gaps inbetween, poorly secured. The retaining wall and the back firepit wall- the stack stone tile is lower than the wall, so with coping tile there will be a huge gap. 'There are many moire issues. We are so frustrated with this contractor. He had made excuse after excuse- family emergency, personal emergency, hospitalization, freind sick, mother with open heart sx, heat stroke for himself (working 1 hour in heat at 8am), lost my phone, vacation, finish other jobs to focus on our job, etc etc. It is to the point that we are stuck as he is not finishing the work, and not canceling the contract for us to get teh job done through someone more efficient and professional. His own employee quit saying that he drinks and does not show up to work the next day. I have confronted him all these issues with no change in his mannerism or commitment to finish. Multiple phone calls and text sent to him with no response.

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

ameeta chowdhary \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Case no. 2023-09731

Dan Edwards, 9/6/2023 1 25549 North 102nd Drive JSI PHOTOS

Skimmer at west end of travertine deck

- Case no. 2023-09731

Dan Edwards, 9/6/2023 2 25549 North 102nd Drive JSI PHOTOS

Underside of skimmer appears reinforced, pool has passed all permit inspections at this time

- Case no. 2023-09731

Dan Edwards, 9/6/2023 3 25549 North 102nd Drive JSI PHOTOS

Complainant has concerns with drainage and ponding in the backyard, opted to perform a flood test at 4-5 different locations. No locations appear outside of allowable tolerances after 30 minutes.

Turf and some other landscaping elements have been installed by other contractors; landscapers have installed turf, catch basins and a sump pump and altered the backyard drainage configuration. Some parts of the backyard have been modified by others.

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Dan Edwards, 9/6/2023 4 25549 North 102nd Drive JSI PHOTOS

Cracked paver

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Dan Edwards, 9/6/2023 5 25549 North 102nd Drive JSI PHOTOS

Chipped pavers – there is limited product information to verify whether these are tumbles pavers with unfilled edges or if this is a workmanship issue. No product information has been submitted at this time.

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Dan Edwards, 9/6/2023 6 25549 North 102nd Drive JSI PHOTOS

Multitude of paver items marked by the complainant

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Dan Edwards, 9/6/2023 7 25549 North 102nd Drive JSI PHOTOS

Multitude of issues marked by the complainant

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Dan Edwards, 9/6/2023 8 25549 North 102nd Drive JSI PHOTOS

Multitude of issues marked by the complainant

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Dan Edwards, 9/6/2023 9 25549 North 102nd Drive JSI PHOTOS

Some pavers exhibit lippage >1/8”

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Dan Edwards, 9/6/2023 10 25549 North 102nd Drive JSI PHOTOS

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Dan Edwards, 9/6/2023 11 25549 North 102nd Drive JSI PHOTOS

Large gap between pavers, travertine steps in the turf area. Inconsistent with the rest of the installation.

- Case no. 2023-09731

Dan Edwards, 9/6/2023 12 25549 North 102nd Drive JSI PHOTOS

Gaps between stacked stone veneer and cap stones at east water feature

- Case no. 2023-09731

Dan Edwards, 9/6/2023 13 25549 North 102nd Drive JSI PHOTOS

Gaps between stacked stone veneer and cap stones at east water feature

- Case no. 2023-09731

Dan Edwards, 9/6/2023 14 25549 North 102nd Drive JSI PHOTOS

Gaps between stacked stone veneer and cap stones at spa

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Dan Edwards, 9/6/2023 15 25549 North 102nd Drive JSI PHOTOS

Gap is present, south side of spa between veneer and waterline tile

- Jobsite Inspection Notes

Case No.: 2023-09731 Investigator: Daniel Edwards Inspection Date: September 6, 2023 Inspection Time: 11:30 AM

Complainant: ameeta chowdhary Respondent: Gregory Scott Not Present: Howard Not Present:

Jobsite General Notes:

Present at inspection was Ameeta Chowdhary, complainant. No representatives for respondent appeared during the inspection. Photos taken with Canon ELPH digital camera and/or state-issued Google Pixel cell phone camera. Audio recorded with Olympus DM-720 digital voice recorder. Labelled photos included in case attachments labelled "20230906 JSI Photos 2023-09731."

Complaint Item: 1 - Pool decking is unsteady as it had wood beam under the skimmer area Investigator’s Observation: Allegation refers to the skimmer housing and skimmer throat constructed at the west side of the pool. Respondent has installed a paver deck and the bottom of the paver coping at the skimmer opening appears reinforced with either plastic or metal. Area was inspected and no significant movement was observed. The pool has passed all required building safety inspections with the city of Peoria and I am unable to conclude the skimmer configuration fails to meet any relevant building codes adopted by the City of Peoria or workmanship standards enforced by the Registrar. Insufficient evidence to substantiate a violation. Governing Rule: N/A

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

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

Complaint Item: 2 - The backyard is not leveled when the travertine tile were placed as water drains from house into the pool. The property lot is set where the irrigation should flow to the side of the house and to the front. It is uneven. When confronted the contractor, he said that he will drain the water during rains as original lot irrigation is suppose to. Now we had to place a salem pump to push the ater out Investigator’s Observation: Complainant pointed out concerns with ponding throughout the travertine installation and opted to perform a flood test at multiple areas of the paver deck. Per standards for pavers, "Standing water exceeding 3/32” is unacceptable. Standing water exceeding 3/16” on driveways is unacceptable. Flood, wait 30 minutes and check for ponding." All flooded areas appeared to be within tolerance after waiting 30 minutes and testing the water depth; many areas did not have any water remaining before 30 minutes had passed. Unable to substantiate an issue with ponding.

Regarding drainage, the backyard has been modified by landscapers after respondent's work was performed and the landscapers have installed turf, catch basins and a sump pump to discharge water from the backyard. Unable to order corrective action due to modification of the backyard drainage by others. Governing Rule: N/A

Complaint Item: 3 - The travertine tile are all uneven and many cracked and chipped tiles. Contractor asked me to place blue tape on the damaged tiles on July fourth, and it is still not fixed. I had told the subcontractor and the contractor during the tile placement that it is uneven leveling underneath and they dismissed it and stilll completed the job with poor outcomes. Investigator’s Observation: Uneven Pavers - complainant clarified that this is in reference to lippage between pavers. Most pavers appear to be within tolerance, however, some pavers were observed to be outside the allowable tolerance of 1/8". Respondent shall locate and correct all paver lippage outside of allowable tolerances by appropriate means.

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

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

Cracked pavers - multiple examples were observed. Many areas have been marked with blue tape by the complainant. Some cracks were actually observed to be vein trend within the stone, but many pavers are in-fact cracked. Respondent shall replace all cracked pavers by appropriate means.

Chipped pavers - Complainant pointed out that many pavers are chipped at the edges. It is difficult to distinguish whether the pavers are tumbled or if the imperfections at the paver edges are intentionally left unfilled by the manufacturer. There is currently insufficient information to verify this is a workmanship deficiency.

Respondent shall correct the lippage and cracked paver deficiencies noted above by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 4 - We have been reaching out to the contractor again and again with no response from him. He originally told us the job will be done by December 2022. Then he promised it will be done by July 4th, then July 29th. We had to finally tell him that landscape job is on hold because he needs to finish his part first, this took him two weeks to show up on one weekend to partially complete the retaining wall stackstone tiles application and stepping tiles from grass to the pool. The tiles are loose with huge gaps inbetween, poorly secured. Investigator’s Observation: Paver steps installed in the turf area exhibit gaps in areas which are inconsistent with the rest of the installation, measuring up to 1/4" wide. Respondent shall correct by appropriate means. Respondent is not responsible to correct any gaps between the travertine and turf (installed by other contractors).

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

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

Additionally, paver installation at skimmer and retaining walls/firepit observed to be incomplete. Respondent shall complete project by appropriate means.

Issues with gaps at stacked stone veneer addressed in compliance item no. 5. 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 - The retaining wall and the back firepit wall- the stack stone tile is lower than the wall, so with coping tile there will be a huge gap. 'There are many moire issues. Investigator’s Observation: Gap was observed between the stone veneer and cap stones at the east retaining wall and firepit wall, and around the spa (gaps present between both the cap stones and the waterline tile). Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 6 - We are so frustrated with this contractor. He had made excuse after excuse- family emergency, personal emergency, hospitalization, freind sick, mother with open heart sx, heat stroke for himself (working 1 hour in heat at 8am), lost my phone, vacation, finish other jobs to focus on our job, etc etc. It is to the point that we are stuck as he is not finishing the work, and not canceling the contract for us to get teh job done through someone more efficient and professional. His own employee quit saying that he drinks and does not show up to work the next day. I have confronted him all these issues with no change in his mannerism or commitment to finish. Multiple phone calls and text sent to him with no response. Investigator’s Observation: Allegation does not reference a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

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: ameeta chowdhary 25549 North 102nd Drive Avondale, AZ 85383

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: Gregory Scott Howard DBA: Pleasant Valley Pools 30848 N 126th Ave Peoria, AZ 85383

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 11, 2023

License No. ROC 291519

Re:Complaint No. 2023-09731

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on September 29, 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:

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 tolerance, however, some pavers were observed to be outside the allowable tolerance of 1/8". Respondent shall locate and correct all paver lippage outside of allowable tolerances by appropriate means.

Compliance Item: 4 - We have been reaching out to the contractor again and again with no response from him. He originally told us the job will be done by December 2022. Then he promised it will be done by July 4th, then July 29th. We had to finally tell him that landscape job is on hold because he needs to finish his part first, this took him two weeks to show up on one weekend to partially complete the retaining wall stackstone tiles application and stepping tiles from grass to the pool. The tiles are loose with huge gaps inbetween, poorly secured.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Paver steps installed in the turf area exhibit gaps in areas which are inconsistent with the rest of the installation, measuring up to 1/4" wide. Respondent shall correct by appropriate means. Respondent is not responsible to correct any gaps between the travertine and turf (installed by other contractors).

Additionally, paver installation at skimmer and retaining walls/firepit observed to be incomplete. Respondent shall complete project by appropriate means.

Compliance Item: 5 - The retaining wall and the back firepit wall- the stack stone tile is lower than the wall, so with coping tile there will be a huge gap. 'There are many moire issues. Investigator’s Observation: Gap was observed between the stone veneer and cap stones at the east retaining wall and firepit wall, and around the spa (gaps present between both the cap stones and the waterline tile). Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

Compliance Item: 1 - Pool decking is unsteady as it had wood beam under the skimmer area

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Allegation refers to the skimmer housing and skimmer throat constructed at the west side of the pool. Respondent has installed a paver deck and the bottom of the paver coping at the skimmer opening appears reinforced with either plastic or metal. Area was inspected and no significant movement was observed. The pool has passed all required building safety inspections with the city of Peoria and I am unable to conclude the skimmer configuration fails to meet any relevant building codes adopted by the City of Peoria or workmanship standards enforced by the Registrar. Insufficient evidence to substantiate a violation. Governing Rule: N/A

Compliance Item: 2 - The backyard is not leveled when the travertine tile were placed as water drains from house into the pool. The property lot is set where the irrigation should flow to the side of the house and to the front. It is uneven. When confronted the contractor, he said that he will drain the water during rains as original lot irrigation is suppose to. Now we had to place a salem pump to push the ater out Investigator’s Observation: Complainant pointed out concerns with ponding throughout the travertine installation and opted to perform a flood test at multiple areas of the paver deck. Per standards for pavers, "Standing water exceeding 3/32” is unacceptable. Standing water exceeding 3/16” on driveways is unacceptable. Flood, wait 30 minutes and check for ponding." All flooded areas appeared to be within tolerance after waiting 30 minutes and testing the water depth; many areas did not have any water remaining before minutes had passed. Unable to substantiate an issue with ponding.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 order corrective action due to modification of the backyard drainage by others. Governing Rule: N/A

Compliance Item: 6 - We are so frustrated with this contractor. He had made excuse after excuse- family emergency, personal emergency, hospitalization, freind sick, mother with open heart sx, heat stroke for himself (working 1 hour in heat at 8am), lost my phone, vacation, finish other jobs to focus on our job, etc etc. It is to the point that we are stuck as he is not finishing the work, and not canceling the contract for us to get teh job done through someone more efficient and professional. His own employee quit saying that he drinks and does not show up to work the next day. I have confronted him all these issues with no change in his mannerism or commitment to finish. Multiple phone calls and text sent to him with no response. Investigator’s Observation: Allegation does not reference a workmanship issue within the Registrar's jurisdiction. Governing Rule: N/A

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

Sincerely,

Daniel Edwards Daniel Edwards, Investigator #218 602 7716788 [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 C009 04/21 Complainant: ameeta chowdhary 25549 North 102nd Drive Avondale, AZ 85383

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: Gregory Scott Howard DBA: Pleasant Valley Pools 30848 N 126th Ave Peoria, AZ 85383

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 October 20, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-09731

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for October 23, 2023 at 3:00 PM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [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

C012 05/21 Case no. 2023-09731

Dan Edwards, 10/23/2023 CP 1 25549 North 102nd Drive CJSI PHOTOS

Respondent has applied some sort of filler to chipped edges (this was not a directive item), work is poor Case no. 2023-09731

Dan Edwards, 10/23/2023 CP 2 25549 North 102nd Drive CJSI PHOTOS

None of the lippage or cracks have been addressed Case no. 2023-09731

Dan Edwards, 10/23/2023 CP 3 25549 North 102nd Drive CJSI PHOTOS

Lippage/cracks not addressed, paver deck at skimmer is still incomplete and appears to be caving in Case no. 2023-09731

Dan Edwards, 10/23/2023 CP 4 25549 North 102nd Drive CJSI PHOTOS

Filler material at edges Case no. 2023-09731

Dan Edwards, 10/23/2023 CP 5 25549 North 102nd Drive CJSI PHOTOS

Cracked paver not addressed Case no. 2023-09731

Dan Edwards, 10/23/2023 CP 6 25549 North 102nd Drive CJSI PHOTOS

Pavers still have lippage, same condition observed at initial inspection Case no. 2023-09731

Dan Edwards, 10/23/2023 CP 7 25549 North 102nd Drive CJSI PHOTOS

Pavers still have lippage, same condition observed at initial inspection Case no. 2023-09731

Dan Edwards, 10/23/2023 CP 8 25549 North 102nd Drive CJSI PHOTOS

Gaps in pavers still remain Case no. 2023-09731

Dan Edwards, 10/23/2023 CP 9 25549 North 102nd Drive CJSI PHOTOS

Gap at underside of firepit was not addressed Case no. 2023-09731

Dan Edwards, 10/23/2023 CP 10 25549 North 102nd Drive CJSI PHOTOS

Gap at underside of spa is still present Complainant: Ameeta Chowdhary 25549 North 102nd Drive Avondale, AZ 85383

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Gregory Scott Howard DBA: Pleasant Valley Pools 30848 N 126th Ave Peoria, AZ 85383

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-09731 Investigator: Daniel Edwards #218 Inspection Date: October 23, 2023 Inspection Time: 3:00 PM

Compliance Jobsite General Notes:

Present at inspection was Navneet Hundal, complainant’s husband. No representatives for respondent appeared during the inspeciton. Photos taken with Canon ELPH digital camera and/or state-issued Google Pixel cell phone camera. Audio recorded with Olympus DM-720 digital voice recorder. Labelled photos included in case attachments labelled "20231023 CJSI Photos 2023- 09731."

Compliance Findings:

At compliance inspection the following observations were made:

Compliance Item: 3 - The travertine tile are all uneven and many cracked and chipped tiles. Contractor asked me to place blue tape on the damaged tiles on July fourth, and it is still not fixed. I had told the subcontractor and the contractor during the tile placement that it is uneven leveling underneath and they dismissed it and stilll completed the job with poor outcomes. Investigator’s Observation: At inspection it was observed that respondent appears to have applied some form of filler material at the chipped edges of numerous pavers, however, this work is poorly done and does not meet standards. Additionally, no work appears to have been performed to address lippage or cracked pavers as ordered and the pavers specific to these issues appear to be in the same condition observed at the initial inspection. Issue is unresolved. 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 C013 4/21 Compliance Item: 4 - We have been reaching out to the contractor again and again with no response from him. He originally told us the job will be done by December 2022. Then he promised it will be done by July 4th, then July 29th. We had to finally tell him that landscape job is on hold because he needs to finish his part first, this took him two weeks to show up on one weekend to partially complete the retaining wall stackstone tiles application and stepping tiles from grass to the pool. The tiles are loose with huge gaps inbetween, poorly secured. Investigator’s Observation: Respondent appears to have completed the paver caps at the retaining wall at the north side of the pool. Respondent does not appear to have addressed any of the gaps between pavers or the pavers at the deck and these issues are unresolved. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - The retaining wall and the back firepit wall- the stack stone tile is lower than the wall, so with coping tile there will be a huge gap. 'There are many moire issues. Investigator’s Observation: Respondent does not appear to have addressed this issue and this issue remains unresolved. 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 C013 4/21 Note:

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

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

Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ameeta Chowdhary, Case No. 2023-09731 COMPLAINANT, v. Gregory Scott Howard CITATION DBA: Pleasant Valley Pools License No. ROC 291519,

RESPONDENT.

The Registrar issues this Citation to Gregory Scott Howard DBA: Pleasant Valley Pools (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 15, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On August 22, 2023, Ameeta Chowdhary (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a

reasonable period of time after receiving a written directive from the Registrar.

The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-09731. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated October 31, 2023. 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 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, October 31, 2023 to:

Respondent Certified Mail No: [number redacted]

Gregory Scott Howard DBA: Pleasant Valley Pools 30848 N 126th Ave Peoria, AZ 85383-7877

Copy mailed by USPS First Class mail this same date to: Respondent Gregory Scott Howard DBA: Pleasant Valley Pools 30848 N 126th Ave Peoria, AZ 85383-7877

Complainant Ameeta Chowdhary 25549 North 102nd Drive Avondale, AZ 85383

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. 2023-09731 / SA

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 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. 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 ARIZONA REGISTRAR OF CONTRACTORS

Douglas A. Ducey, Governor Jeff Fleetham , Director

Form REQUEST TO CLOSE CASE RC-Lg-701A

Instructions Complete this form to request that the Registrar close a case where the Registrar previously issued a citation. Before the Registrar issues an order closing a case that resulted in citation, both parties must agree to the closure. After consideration, the Registrar may approve the request.

If both parties do not demonstrate their willingness for the Registrar to issue an Order of Closing by completing this form, then the matter will continue to proceed to administrative resolution. This means that, if not already done so:

The Respondent will be required to: 1. Submit a written answer as directed by the Citation and required under A.R.S. § 32-1155(A). o Failure to timely submit an answer may result in the admission of the allegations contained within the citation. A.R.S. § 32-1155(B); and 2. Request a settlement conference under A.R.S. §41-1092.06, if desired.

The Complainant will be required to establish, before the administrative law judge, the merits of their claim.

A. CASE INFORMATION 1. Case Number 2. Complainant 3. Respondent

B. PARTIES ACKNOWLEDGMENT & SIGNATURE Complainant acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. The Registrar may decline to reopen this case; and 2. Complainant’s future remedies, if any, may be limited to another forum. Respondent acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. Respondent’s license record will have a “Closed Case” designation associated with this case; and 2. This case will appear on the Respondent’s public license record available through the Registrar of Contractors’ website as a “Resolved/Settled/Withdrawn” case for a period of seven years.

_____________________ _____________________ ______________ Complainant’s Name Complainant’s Signature Date

_____________________ _____________________ ______________ Respondent’s Name Respondent’s Signature Date

1700 W. Washington Street, Suite 105 ● Phoenix AZ 85007-2812 602.542.1525 ● Within AZ 877.692.9762 ● Fax 602.542.1599 ● www.roc.az.gov

Form RC-Lg-701A Request to Close Case Rev 1/18/2019 Page 1 of 1 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees