2023A-09769-CHC-ROC Notice of Hearing and Packet MAILED

2023A-09769-CHC-ROC · Registrar of Contractors · 2024-04-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Thomas Rambaud , Case No. 2023-09769 COMPLAINANT, Docket No. 2023A-09769-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Mc Creary Homes Inc License Nos. ROC 083063, 140061

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

May 14, 2024 1:00 PM Adam Stone Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will

be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

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

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on March 5, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(2)(b)

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

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

Charge: 4 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING

Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

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

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

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

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the

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

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

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

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

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated April 2, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail April 2, 2024 to: Respondent(s) Mc Creary Homes Inc PO Box 31957 Tucson, AZ 85751

Neal A. Eckel, Esq. 100 S Church Ave Ste 100 Tucson, AZ 85701

Complainant(s) Thomas Rambaud 7447 N Ellison Dr Tucson, AZ 85704-3162

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. 2023-09769 /

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: Thomas Rambaud 7447 N Ellison Dr Tucson, AZ 85704-3162

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: Mc Creary Homes Inc PO Box 31957 Tucson, AZ 85751

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 31, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-09769

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for October 13, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

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

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

Sincerely, John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

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

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

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

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

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

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

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

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

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. 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 Complainant: Thomas Rambaud 7447 N Ellison Dr Tucson, AZ 85704-3162

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Mc Creary Homes Inc DBA: PO Box 31957 Tucson, AZ 85751

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 September 8, 2023

Re: Complaint Number 2023-09769

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for October 13, 2023 has been rescheduled for October 19, 2023 at 9:00 AM.

If either party is unable to attend, the Registrar requires 3 business days advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [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 C010 04/21 Complainant: Thomas Rambaud 7447 N Ellison Dr Tucson, AZ 85704-3162

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: Mc Creary Homes Inc PO Box 31957 Tucson, AZ 85751

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 October 10, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-09769

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for October 19, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

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

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

Sincerely, John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

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

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

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

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

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

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

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

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

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. 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 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2023-09769 Investigator: John Smith #194 Inspection Date: 10/19/2023 Inspection Time: 9:00AM Address: 7447 N. Ellison Dr., Tucson, AZ 85704

Complainant: Thomas Rambaud Respondent: McCreary Homes Inc

Present for the complainant: Thomas Rambaud Present for the respondent: LJ McCreary Overview of project: Master suite addition, entry cover addition, new fascia boards around complete house. General Notes: Photos taken with agency issued Canon PowerShot ELPH180 and/or agency issued Google cell phone. Audio recorded with agency issued Olympus recorder and/or agency issued Google cell phone.

Complaint Item 1: “Upon having our Dryer serviced it was noted that the dryer vent is not connected to the ceiling and is venting directly into out attic/crawl space. The tube is not connected and looks to have not be connected since installation and final walk through on December 2 2021. Clothes Dryer Exhaust Section M1501 M1501.1 Outdoor Discharge The air removed by every mechanical exhaust system shall be discharged to the outdoor in accordance with Section M1504.3. Air shall not be exhausted into an attic, soffit, ridge vent or crawl space. Section M1502 Clothes Dryer Exhaust M1052.3 Duct Termination Exhaust ducts shall terminate on the outside of the building. Exhaust duct terminations shall be in accordance with the dryer manufacturer’s installation instructions. ……… Screens shall not be installed at the duct termination. M1502.4.2 Duct Installation Exhaust ducts shall be supported at intervals no to exceed 12 feet and shall be secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the directions of airflow. Exhaust duct joints shall be sealed in accordance with Section M1601.4.1 and shall be mechanically fastened. Ducts shall not be joined with screws or similar fasteners that protrude more than 1/8” into the inside of the duct. Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation.; Mold due to dryer vent not being properly installed and venting into the attic since December 2 2021;” Investigator’s Observations: Verified. Current conditions during this inspection were viewed by looking up into the dryer exhaust duct. Due to drywall, the duct in the wall and attic space is not visible. By looking up into the dryer duct, it is visible and evident that: • The dryer duct is disconnected in the attic space. • The dryer duct connections are not overlapping in the correct direction. • There is dryer lint inside the attic space. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

RCC100

Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 2: “We had the contractor out to fix a recessed light fixture due to it not turning on. most likely a bad ballast, but the electrician was unable to correct the issue and we never heard back from the contractor. This took place on 16 March 2023. The issue he was having was due to not enough slack or extra cord being given when installed. All fixtures were wired in this manor where no repairs or adjustments can be made if an issue is to arise. See IBC Code below on proper electrical terminations at a junction or light. E3406.11.3 Length of Conductor for Splice or termination. Where conductors are to be spliced, terminated or connected to fixtures or devices, a minimum length of 6 inches of free conductor shall be provided at each outlet, junction or switch point. The required length shall be measured from the point in the box where the conductor emerges from its raceway or cable sheath. Where the opening to an outlet, junction or switch point is less than 8 inches in any dimension, each conductor shall be long enough to extend at least 3 inches outside of such opening. ;” Investigator’s Observations: Verified. One recessed light is currently not working. These are “puck light” style lights that clip to the drywall ceiling. The complainant removed the led trim to allow viewing of the electrical box and wiring. The length of the wiring inside the box is approximately three inches, measured from the point of entry. The length extending past the opening of the box is approximately two inches. Due to the inadequate length of the wires, and the distance from the drywall opening to the junction box, servicing the wiring is not realistic without first removing drywall. (Presumably present at all fixtures) Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “Roof Insulation was not reinstalled in the laundry room where dryer vent and lighting was installed. Noted via camera when looking at dryer vent installation.;” Investigator’s Observations: Verified. This was not visible due to drywall coverings. Correction of the dryer duct will require removal of some drywall. The respondent did agree to ensure all areas are adequately insulated. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “Dryer vent has screen on roof not in accordance with IBC.” Investigator’s Observations: Verified. The roof cap installed for the dryer duct has a damper and a screen. The screen is currently bent down and not obstructing the exhaust flow. The respondent agreed to remove the screen to ensure the screen does not obstruct the exhaust flow. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

RCC100 11/14

Jobsite Inspection Photos 1 Case No.: 2023-09769 Investigator: John Smith #194 Inspection Date: 10/19/2023 Inspection Time: 9:00AM Address: 7447 N. Ellison Dr., Tucson, AZ 85704

Jobsite Inspection Photos 2 Case No.: 2023-09769 Investigator: John Smith #194 Inspection Date: 10/19/2023 Inspection Time: 9:00AM Address: 7447 N. Ellison Dr., Tucson, AZ 85704

Current conditions during this inspection were viewed by looking up into the dryer exhaust duct. Due to drywall, the duct in the wall and attic space is not visible. By looking up into the dryer duct, it is visible and evident that: • The dryer duct is disconnected in the attic space. • The dryer duct connections are not overlapping in the correct direction. • There is dryer lint inside the attic space.

Jobsite Inspection Photos 3 Case No.: 2023-09769 Investigator: John Smith #194 Inspection Date: 10/19/2023 Inspection Time: 9:00AM Address: 7447 N. Ellison Dr., Tucson, AZ 85704

Current conditions during this inspection were viewed by looking up into the dryer exhaust duct. Due to drywall, the duct in the wall and attic space is not visible. By looking up into the dryer duct, it is visible and evident that: • The dryer duct is disconnected in the attic space. • The dryer duct connections are not overlapping in the correct direction. • There is dryer lint inside the attic space.

Jobsite Inspection Photos 4 Case No.: 2023-09769 Investigator: John Smith #194 Inspection Date: 10/19/2023 Inspection Time: 9:00AM Address: 7447 N. Ellison Dr., Tucson, AZ 85704

Current conditions during this inspection were viewed by looking up into the dryer exhaust duct. Due to drywall, the duct in the wall and attic space is not visible. By looking up into the dryer duct, it is visible and evident that: • The dryer duct is disconnected in the attic space. • The dryer duct connections are not overlapping in the correct direction. • There is dryer lint inside the attic space.

Jobsite Inspection Photos 5 Case No.: 2023-09769 Investigator: John Smith #194 Inspection Date: 10/19/2023 Inspection Time: 9:00AM Address: 7447 N. Ellison Dr., Tucson, AZ 85704

One recessed light is currently not working. These are “puck light” style lights that clip to the drywall ceiling. The complainant removed the led trim to allow viewing of the electrical box and wiring. The length of the wiring inside the box is approximately three inches, measured from the point of entry. The length extending past the opening of the box is approximately two inches. Due to the inadequate length of the wires, and the distance from the drywall opening to the junction box, servicing the wiring is not realistic without first removing drywall.

Jobsite Inspection Photos 6 Case No.: 2023-09769 Investigator: John Smith #194 Inspection Date: 10/19/2023 Inspection Time: 9:00AM Address: 7447 N. Ellison Dr., Tucson, AZ 85704

One recessed light is currently not working. These are “puck light” style lights that clip to the drywall ceiling. The complainant removed the led trim to allow viewing of the electrical box and wiring. The length of the wiring inside the box is approximately three inches, measured from the point of entry. The length extending past the opening of the box is approximately two inches. Due to the inadequate length of the wires, and the distance from the drywall opening to the junction box, servicing the wiring is not realistic without first removing drywall.

Jobsite Inspection Photos 7 Case No.: 2023-09769 Investigator: John Smith #194 Inspection Date: 10/19/2023 Inspection Time: 9:00AM Address: 7447 N. Ellison Dr., Tucson, AZ 85704

One recessed light is currently not working. These are “puck light” style lights that clip to the drywall ceiling. The complainant removed the led trim to allow viewing of the electrical box and wiring. The length of the wiring inside the box is approximately three inches, measured from the point of entry. The length extending past the opening of the box is approximately two inches. Due to the inadequate length of the wires, and the distance from the drywall opening to the junction box, servicing the wiring is not realistic without first removing drywall. 7 Jobsite Inspection Photos 8 Case No.: 2023-09769 Investigator: John Smith #194 Inspection Date: 10/19/2023 Inspection Time: 9:00AM Address: 7447 N. Ellison Dr., Tucson, AZ 85704

One recessed light is currently not working. These are “puck light” style lights that clip to the drywall ceiling. The complainant removed the led trim to allow viewing of the electrical box and wiring. The length of the wiring inside the box is approximately three inches, measured from the point of entry. The length extending past the opening of the box is approximately two inches. Due to the inadequate length of the wires, and the distance from the drywall opening to the junction box, servicing the wiring is not realistic without first removing drywall.

Complainant: Thomas Rambaud 7447 N Ellison Dr Tucson, AZ 85704-3162

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: Mc Creary Homes Inc PO Box 31957 Tucson, AZ 85751

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 October 23, 2023

License No. ROC 083063

Re: Complaint No. 2023-09769

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on November 20, 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 reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Complaint Item 1: “Upon having our Dryer serviced it was noted that the dryer vent is not connected to the ceiling and is venting directly into out attic/crawl space. The tube is not connected and looks to have not be connected since installation and final walk through on December 2 2021. Clothes Dryer Exhaust Section M1501 M1501.1 Outdoor Discharge The air removed by every mechanical exhaust system shall be discharged to the outdoor in accordance with Section M1504.3. Air shall not be exhausted into an attic, soffit, ridge vent or crawl space. Section M1502 Clothes Dryer Exhaust M1052.3 Duct Termination Exhaust ducts shall terminate on the outside of the building. Exhaust duct terminations shall be in accordance with the dryer manufacturer’s installation instructions. ……… Screens shall not be installed at the duct termination.

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 M1502.4.2 Duct Installation Exhaust ducts shall be supported at intervals no to exceed 12 feet and shall be secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the directions of airflow. Exhaust duct joints shall be sealed in accordance with Section M1601.4.1 and shall be mechanically fastened. Ducts shall not be joined with screws or similar fasteners that protrude more than 1/8” into the inside of the duct. Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation.; Mold due to dryer vent not being properly installed and venting into the attic since December 2 2021;” Investigator’s Observations: Verified. Current conditions during this inspection were viewed by looking up into the dryer exhaust duct. Due to drywall, the duct in the wall and attic space is not visible. By looking up into the dryer duct, it is visible and evident that: • The dryer duct is disconnected in the attic space. • The dryer duct connections are not overlapping in the correct direction. • There is dryer lint inside the attic space. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 2: “We had the contractor out to fix a recessed light fixture due to it not turning on. most likely a bad ballast, but the electrician was unable to correct the issue and we never heard back from the contractor. This took place on 16 March 2023. The issue he was having was due to not enough slack or extra cord being given when installed. All fixtures were wired in this manor where no repairs or adjustments can be made if an issue is to arise. See IBC Code below on proper electrical terminations at a junction or light. E3406.11.3 Length of Conductor for Splice or termination. Where conductors are to be spliced, terminated or connected to fixtures or devices, a minimum length of inches of free conductor shall be provided at each outlet, junction or switch point. The required length shall be measured from the point in the box where the conductor emerges from its raceway or cable sheath. Where the opening to an outlet, junction or switch point is less than 8 inches in any dimension, each conductor shall be long enough to extend at least 3 inches outside of such opening. ;” Investigator’s Observations: Verified. One recessed light is currently not working. These are “puck light” style lights that clip to the drywall ceiling. The complainant removed the led trim to allow viewing of the electrical box and wiring. The length of the wiring inside the box is approximately three inches, measured from the point of entry. The length extending past the opening of the box is approximately two inches. Due to the inadequate length of the wires, and the distance from the drywall opening to the junction box, servicing the wiring is not realistic without first removing drywall. (Presumably present at all fixtures) Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “Roof Insulation was not reinstalled in the laundry room where dryer vent and lighting was installed. Noted via camera when looking at dryer vent installation.;” Investigator’s Observations: Verified. This was not visible due to drywall coverings.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Correction of the dryer duct will require removal of some drywall. The respondent did agree to ensure all areas are adequately insulated. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “Dryer vent has screen on roof not in accordance with IBC.” Investigator’s Observations: Verified. The roof cap installed for the dryer duct has a damper and a screen. The screen is currently bent down and not obstructing the exhaust flow. The respondent agreed to remove the screen to ensure the screen does not obstruct the exhaust flow. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [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: Thomas Rambaud 7447 N Ellison Dr Tucson, AZ 85704-3162

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: Mc Creary Homes Inc PO Box 31957 Tucson, AZ 85751

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 January 31, 2024

License No. ROC 083063

Re: Complaint No. 2023-09769

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on February 26, 2024.

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 reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Complaint Item 1: “Upon having our Dryer serviced it was noted that the dryer vent is not connected to the ceiling and is venting directly into out attic/crawl space. The tube is not connected and looks to have not be connected since installation and final walk through on December 2 2021. Clothes Dryer Exhaust Section M1501 M1501.1 Outdoor Discharge The air removed by every mechanical exhaust system shall be discharged to the outdoor in accordance with Section M1504.3. Air shall not be exhausted into an attic, soffit, ridge vent or crawl space. Section M1502 Clothes Dryer Exhaust M1052.3 Duct Termination Exhaust ducts shall terminate on the outside of the building. Exhaust duct terminations shall be in accordance with the dryer manufacturer’s installation instructions. ……… Screens shall not be installed at the duct termination.

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 M1502.4.2 Duct Installation Exhaust ducts shall be supported at intervals no to exceed 12 feet and shall be secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the directions of airflow. Exhaust duct joints shall be sealed in accordance with Section M1601.4.1 and shall be mechanically fastened. Ducts shall not be joined with screws or similar fasteners that protrude more than 1/8” into the inside of the duct. Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation.; Mold due to dryer vent not being properly installed and venting into the attic since December 2 2021;” Investigator’s Observations: Verified. Current conditions during this inspection were viewed by looking up into the dryer exhaust duct. Due to drywall, the duct in the wall and attic space is not visible. By looking up into the dryer duct, it is visible and evident that: • The dryer duct is disconnected in the attic space. • The dryer duct connections are not overlapping in the correct direction. • There is dryer lint inside the attic space. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 2: “We had the contractor out to fix a recessed light fixture due to it not turning on. most likely a bad ballast, but the electrician was unable to correct the issue and we never heard back from the contractor. This took place on 16 March 2023. The issue he was having was due to not enough slack or extra cord being given when installed. All fixtures were wired in this manor where no repairs or adjustments can be made if an issue is to arise. See IBC Code below on proper electrical terminations at a junction or light. E3406.11.3 Length of Conductor for Splice or termination. Where conductors are to be spliced, terminated or connected to fixtures or devices, a minimum length of inches of free conductor shall be provided at each outlet, junction or switch point. The required length shall be measured from the point in the box where the conductor emerges from its raceway or cable sheath. Where the opening to an outlet, junction or switch point is less than 8 inches in any dimension, each conductor shall be long enough to extend at least 3 inches outside of such opening. ;” Investigator’s Observations: Verified. One recessed light is currently not working. These are “puck light” style lights that clip to the drywall ceiling. The complainant removed the led trim to allow viewing of the electrical box and wiring. The length of the wiring inside the box is approximately three inches, measured from the point of entry. The length extending past the opening of the box is approximately two inches. Due to the inadequate length of the wires, and the distance from the drywall opening to the junction box, servicing the wiring is not realistic without first removing drywall. (Presumably present at all fixtures) Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “Roof Insulation was not reinstalled in the laundry room where dryer vent and lighting was installed. Noted via camera when looking at dryer vent installation.;” Investigator’s Observations: Verified. This was not visible due to drywall coverings.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Correction of the dryer duct will require removal of some drywall. The respondent did agree to ensure all areas are adequately insulated. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “Dryer vent has screen on roof not in accordance with IBC.” Investigator’s Observations: Verified. The roof cap installed for the dryer duct has a damper and a screen. The screen is currently bent down and not obstructing the exhaust flow. The respondent agreed to remove the screen to ensure the screen does not obstruct the exhaust flow. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [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: Thomas Rambaud 7447 N Ellison Dr Tucson, AZ 85704-3162

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

C012 12/23 Respondent: Mc Creary Homes Inc PO Box 31957 Tucson, AZ 85751

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

C012 12/23 February 29, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-09769

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Friday, March 1, 2024 at 1:30 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,

John Smith, Investigator #194 (520) 483-0027 [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 12/23 Complainant: Thomas Rambaud 7447 N Ellison Dr Tucson, AZ 85704-3162

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Mc Creary Homes Inc PO Box 31957 Tucson, AZ 85751

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-09769 Investigator: John Smith Inspection Date: Friday, March 1, 2024 Inspection Time: 1:30 PM

Complainant: Thomas Rambaud

Respondent: McCreary Homes Inc

Compliance Jobsite Inspection

Present for the Complainant: • Thomas and Crystal McCreary Present for the Respondent: • The respondent was not present. Number of days allowed for corrective work per the Directive: • 28, then amended to allow a total of 127 Number of days from issuance of the Directive to this inspection: • 131

Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…

Compliance Jobsite Inspection General Notes: This Compliance Inspection was to evaluate the current conditions of item(s) requiring corrective action as stated on the Directive. Those item(s) are listed below.

Complaint Item 1: “Upon having our Dryer serviced it was noted that the dryer vent is not connected to the ceiling and is venting directly into out attic/crawl space. The tube is not connected and looks to have not be connected since installation and final walk through on December 2 2021. Clothes Dryer Exhaust Section M1501 M1501.1 Outdoor Discharge The air removed by every mechanical exhaust system shall be discharged to the outdoor in accordance with Section M1504.3. Air shall not be exhausted into an attic, soffit, ridge vent or crawl space. Section M1502 Clothes Dryer Exhaust M1052.3 Duct Termination Exhaust ducts shall terminate on the outside of the building. Exhaust duct terminations shall be in accordance with the dryer manufacturer’s installation instructions. ……… Screens shall not be installed at the duct termination. M1502.4.2 Duct Installation 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Exhaust ducts shall be supported at intervals no to exceed 12 feet and shall be secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the directions of airflow. Exhaust duct joints shall be sealed in accordance with Section M1601.4.1 and shall be mechanically fastened. Ducts shall not be joined with screws or similar fasteners that protrude more than 1/8” into the inside of the duct. Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation.; Mold due to dryer vent not being properly installed and venting into the attic since December 2 2021;” Investigator’s Observations from the initial inspection: Verified. Current conditions during this inspection were viewed by looking up into the dryer exhaust duct. Due to drywall, the duct in the wall and attic space is not visible. By looking up into the dryer duct, it is visible and evident that: • The dryer duct is disconnected in the attic space. • The dryer duct connections are not overlapping in the correct direction. • There is dryer lint inside the attic space. Compliance Inspection Findings for this item: This has been corrected. Visibility is limited. This appears to have been corrected.

Complaint Item 2: “We had the contractor out to fix a recessed light fixture due to it not turning on. most likely a bad ballast, but the electrician was unable to correct the issue and we never heard back from the contractor. This took place on 16 March 2023. The issue he was having was due to not enough slack or extra cord being given when installed. All fixtures were wired in this manor where no repairs or adjustments can be made if an issue is to arise. See IBC Code below on proper electrical terminations at a junction or light. E3406.11.3 Length of Conductor for Splice or termination. Where conductors are to be spliced, terminated or connected to fixtures or devices, a minimum length of 6 inches of free conductor shall be provided at each outlet, junction or switch point. The required length shall be measured from the point in the box where the conductor emerges from its raceway or cable sheath. Where the opening to an outlet, junction or switch point is less than 8 inches in any dimension, each conductor shall be long enough to extend at least 3 inches outside of such opening. ;” Investigator’s Observations from the initial inspection: Verified. One recessed light is currently not working. These are “puck light” style lights that clip to the drywall ceiling. The complainant removed the led trim to allow viewing of the electrical box and wiring. The length of the wiring inside the box is approximately three inches, measured from the point of entry. The length extending past the opening of the box is approximately two inches. Due to the inadequate length of the wires, and the distance from the drywall opening to the junction box, servicing the wiring is not realistic without first removing drywall. (Presumably present at all fixtures) Compliance Inspection Findings for this item: This has NOT been corrected. Corrective work has been performed to most lights; however that corrective work is not in compliance with workmanship standards or applicable building codes. Corrective work in other areas has not been started. Corrective work inside the living spaces included: • Removing drywall from the ceiling • Removing insulation • Running new electrical wire for lighting fixtures • Repairing drywall and paint Current conditions: • At least two light fixtures are no longer connected to the lighting circuits, and do not respond to switches. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 • At least one fixture is not installed. • There is an excessive drywall gap around at least two electrical boxes. • Wiring to at least two fixtures is still in the same condition as during the initial inspection; no corrective work started at those locations. • There are visible seams and ridges in the recent drywall repair • There is poor texture match in the recent drywall repair • There is at least one area of unpainted drywall patch • Electrical wiring is over-stripped; copper conductors are exposed and visible outside the junction boxes. • Electrical wire is in direct contact with the back side of the ceiling drywall. • At least one junction box is covered and inaccessible above the ceiling drywall • New electrical wiring is the incorrect size for the circuit o All original wiring to the lighting was 12 gauge wire, rated for 20 amps. o All new wiring installed to the lighting is 14 gauge wire, rated for only 15 amps. o The lighting circuit is a 20 amp circuit, requiring all wire in the circuit to be at least 12 gauge wire. • Considering the recent repair work included running new wire inside the ceiling, this is permit required work that was performed without a permit being obtained.

Complaint Item 3: “Roof Insulation was not reinstalled in the laundry room where dryer vent and lighting was installed. Noted via camera when looking at dryer vent installation.;” Investigator’s Observations from the initial inspection: Verified. This was not visible due to drywall coverings. Correction of the dryer duct will require removal of some drywall. The respondent did agree to ensure all areas are adequately insulated. Compliance Inspection Findings for this item: This has NOT been corrected. Viewed through a light fixture opening; the ceiling / attic space over the laundry room is not properly or adequately insulated.

Complaint Item 4: “Dryer vent has screen on roof not in accordance with IBC.” Investigator’s Observations from the initial inspection: Verified. The roof cap installed for the dryer duct has a damper and a screen. The screen is currently bent down and not obstructing the exhaust flow. The respondent agreed to remove the screen to ensure the screen does not obstruct the exhaust flow. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been corrected.

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. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 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,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Thomas Rambaud, Case No. 2023-09769 COMPLAINANT, v. Mc Creary Homes Inc., CITATION License Nos. ROC 083063, 140061

RESPONDENT.

The Registrar issues this Citation to Mc Creary Homes Inc., (“Respondent”) under

A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by March 20, 2024, then

under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the

act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke

Respondent’s licenses.

THE WRITTEN COMPLAINT

On August 22, 2023, Thomas Rambaud (“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

violations of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

Charge :1 A.R.S. § 32-1154(A)(2)(b) Departure from disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

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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 Charge :2 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 :3 A.R.S. § 32-1154(A)(3)-R4-9-108(b) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use suck skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. Charge :4 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 licenses 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).

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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 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 licenses 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. 2023-09769. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than March 20, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s licenses. THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint,

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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 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 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

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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 prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current licenses 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 licenses 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 March 5, 2024. By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, March 5, 2024 to:

Respondent Certified Mail No: [number redacted]

Mc Creary Homes Inc. PO Box 31957 Tucson, AZ 85751 Copy mailed by USPS First Class mail this same date to: Respondent Mc Creary Homes Inc. PO Box 31957 Tucson, AZ 85751

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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 Complainant Thomas Rambaud 7447 N Ellison Dr Tucson, AZ 85704-3162

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. 2023-09769/du

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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 Received 3/14/2024 ROC Legal

100 South Church Avenue, Suite 100 Tucson, Arizona 85701 T: 520.214.2000 F: 520.214.2001 Neal A. Eckel (#011844) [email redacted] Attorneys for Respondent REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Thomas Rambaud, Case No. 2023-09769 Complainant, WRITTEN ANSWER TO CITATION AND COMPLAINT v.

McCreary Homes Inc., License Nos. ROC 983063, 140061 Respondent. Respondent McCreary Homes Inc., through counsel undersigned, files this Written Answer to the Citation and Complaint as follows: Charge 1: Respondent denies that it has violated any rule adopted by the Registrar as set forth in this Charge and requests that a hearing be set on this Charge. Charge 2: Respondent denies that it has violated any rule adopted by the Registrar as set forth in this Charge and requests that a hearing be set on this Charge. Charge 3: Respondent denies that it has violated any rule adopted by the Registrar as set forth in this Charge and requests that a hearing be set on this Charge. Charge 4: Respondent denies that it has violated any rule adopted by the Registrar as set forth in this Charge and requests that a hearing be set on this Charge. DATED this 14th day of March 2024.

FARHANG & MEDCOFF

By /s/Neal Eckel Neal A. Eckel Attorneys for Respondent

4855-8593-7837, v. 1 Received 3/14/2024 ROC Legal

FILED via email this 14th day of March 2024 with: Registrar of Contractors [email redacted] COPY of the foregoing mailed this 14th day of March 2024 to: Thomas Rambaud 7447 N. Ellison Drive Tucson, AZ 85704-3162 Complainant

4855-8593-7837, v. 1 Received 3/14/24, 2:26 PM State of Arizona Mail - Case No. 2023-09769 Written Answer to Citation and Complaint3/14/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2023-09769 Written Answer to Citation and Complaint message

Jane Cebula <[email redacted]> Thu, Mar 14, 2024 at 10:42 AM To: "[email redacted]" <[email redacted]> Cc: Neal Eckel <[email redacted]>

Dear ROC,

Attached please find Respondent’s answer to the above-referenced matter. A copy will be mailed to Complainant. If you need further information at this time please let us know. Thank you.

Regards,

Jane Cebula | Legal Assistant 100 South Church Ave., Suite 100 Tucson, Arizona 85701

O: (520)214-2000

F: (520) 214-2001

PLEASE NOTE: This email message (including any attachments) contains information that may be confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this information, and no privilege is waived by your inadvertent receipt. Improper or unauthorized use of this email may be unlawful. If you received this message in error, please notify the sender by replying to this e-mail and then permanently delete it from your system.

Case No. 2023-09769 Written Answer to Citation and Complaint.pdf 380K

https://mail.google.com/mail/b/AEoRXRRXL4kSKfgTepdhEA5ApwRmCdHoo8t85nO4XA9AG1V8KLI3/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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